Tuesday, May 17, 2011
Photo
Sebastian Rucci
By Elise Franco
YOUNGSTOWN
Defendants in a multiple-count indictment alleging illicit activities at the Go Go Cabaret will go to trial without a jury.
Club manager Sebastian Rucci and defendants Curtis “C.J.” Jones, Derrick L. Dozier, Wayne Penny and Peter E. Sciullo II, signed written waivers of a jury trial Monday before visiting judge Thomas P. Curran.
Monday was opening day of proceedings against the defendants who are charged with engaging in a pattern of corrupt activity, money laundering, perjury and two counts each of promoting prostitution.
Additionally, the corporations Go Go Cabaret, 5455 Clarkins Drive Inc. and Triple-G Investments — all of 5455 Clarkins Drive — each are indicted on a charge of engaging in a pattern of corrupt activity with a forfeiture specification.
Atty. Thomas Zena, representing Dozier, said the defendants agreed to waive a jury trial because of the number of legal issues in the case.
“Some cases have overwhelming factual issues,” Zena said. “This has overwhelming legal issues.”
Dawn Cantalamessa, assistant Mahoning County prosecutor, said the state’s case won’t change, and it is ready to proceed.
Judge Curran will rule after evidence and testimony have been presented. The judge said the prosecution will begin calling witnesses at 9:30 a.m. Monday.
A charge of promoting prostitution against Robert Neill, former cabaret manager and the former sole shareholder, was dropped by the prosecution Monday morning, said Neill’s attorney, Mark Hanni.
“This charged should have never been filed,” Hanni said. “The prosecution was aware that Mr. Neill divested himself from the club about six months prior to the initial investigation.”
Cantalamessa said the prosecution plans to subpoena 16 Go Go dancers. She said three of the women already have given statements to Austintown police.
James Vitullo, representing the corporations and Sciullo, filed a motion to suppress the subpoenas on the grounds that all 16 women have pending cases in Austintown court related to the club. He said because they’re charged with prostitution, testifying in this trial could violate their Fifth Amendment privilege against self-incrimination.
Judge Curran denied the motion.
“All 16 women will be here on Monday,” Cantalamessa said.
An attempt by Rucci to suppress videos the prosecution says depicts dancers engaging in prostitution also was denied by Judge Curran. Rucci had sought to suppress or eliminate the prosecution’s use of electronic information taken from a computer seized from the Go Go during a drug raid in 2009.
Rucci, a licensed attorney in California, said that the videos seized were taken from his computer, which also contained privileged legal files.
Rucci also said the videos were recorded without the consent of those in them — in this case, a dancer and a customer. He said the prosecution’s failure to get consent to use the videos from the parties involved is illegal.
Cantalamessa said Rucci’s argument is invalid because he recorded the videos using equipment inside his club.
“The videos they’re trying to keep out were saved on Mr. Rucci’s computer,” she said. “He taped those. We didn’t.”