Judge denies defendant's motion
By joe gorman
YOUNGSTOWN
A judge denied a request by a defendant in a murder case to have prosecutors enforce a plea agreement he says he made in order to give them a statement.
Judge John Durkin of Mahoning County Common Pleas Court said Tuesday he could not enforce the plea agreement Reginald Whitfield, 23, of East Lucius Avenue thought he made. Even though attorneys on both sides discussed a possible plea deal several times, it was never put on the record in open court, the judge said.
Judge Durkin said according to Ohio law, any plea agreement must be put on the record in order to be valid.
Whitfield is one of two men accused of killing Michael Abighanem, 27, of Thalia Street, who was shot after he and a friend went to a house on Silliman Street around 4:30 p.m. April 27, 2012, so Abighanem could sell a video-game system and a laptop computer.
The friend told police Abighanem went in the front door with a male while he parked the car. The friend eventually went inside also, where he noticed a second male.
Abighanem and one of the males went upstairs, then the friend heard a “pop,” heard Abighanem call his name, then heard a second “pop” and fled the house.
Whitfield gave a statement to prosecutors detailing the crime at that time in exchange for a lighter sentence, but prosecutors never followed through with the plea bargain.
Nicholas Brevetta, an assistant county prosecutor, told Judge Durkin they did not believe Whitfield’s statement was truthful, so the deal was never enforced.
Tony Meranto, who is representing Whitfield, said Whitfield’s statement is true and added that perhaps prosecutors thought that he would tell them something else and were disappointed when he did not.
Brevetta, however, told Judge Durkin that because he did not believe Whitfield, he did not put the proposed offer on the record.
“There are certain facts and witnesses that make it hard for me to understand the defendant’s point of view,” Brevetta said.
“I don’t know how I can enforce a contract that never happened,” Judge Durkin said.
Whitfield’s trial was set for Monday but it has been postponed to give Meranto time to now prepare a defense.