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Murder trial postponed until September
YOUNGSTOWN
The murder trial for two men charged has been postponed until September amid defense attorneys complaints they did not receive information that could clear their clients.
Joseph Moreland, 28, whose address is listed as the Mahoning County jail, and Kenneth Moncrief, 26, of Fairgreen Avenue, were set for trial this week before Judge Maureen Sweeney of common pleas court in the 2009 murders of Jaron L. Roland, 20, of Fairmont Avenue, and Darry B. Woods-Burt Jr., 19, of the city’s North Side.
Attorneys Louis DeFabio and Thomas Zena, representing the two men, however, demanded more information from prosecutors and a possible dismissal of the charges.
The victims, who were described by family members at the time as inseparable first cousins, were found inside a burning car on West Avenue near the Mahoning River in August 2009. Both men were bound with duct tape, and bags had been placed over their heads.
DeFabio told the court a key witness in the case made statements to police in 2010 about Moreland, then later told prosecutors those statements were not true and also made contrary statements during the trial of Lorenza Barnette, who was convicted of the same murders late last year.
DeFabio described multiple inconsistencies in the statements made by the witness to police. He also said the witness has made statements to prosecutors that possibly could exonerate Moreland and Moncrief.
“These are not minor inconsistencies. ... This is inconsistent on every single aspect of Joe Moreland’s involvement,” he said. “I want to know what [the witness] said to them about his lies to police. ...”
Dawn Cantalamessa, an assistant county prosecutor, said the witness did not divulge information that would exonerate the two men, but merely changed his statement as to Moreland’s role in the murders. She said DeFabio and Zena have had ample time to question the witness about the statements.
“We are not trying to mislead anyone in any way,” she said. “If they see any inconsistencies, they could themselves ask the witness for clarity.”
Defense attorneys have asked the court to rule that the statements should have been turned over to them. They are asking for sanctions, including a dismissal of the charges.
Judge Sweeney gave both sides seven days to provide the court briefs on the matter. She will rule on the motions at a later date.