Attorneys in Oakhill case cite state's failure to provide speedy trials
CLEVELAND
The attorney for Martin Yavorcik, one of three indicted in the Oakhill Renaissance Place criminal conspiracy case, filed a motion to dismiss the charges contending he hasn’t received a speedy trial.
And attorneys for the two other defendants — Youngstown Mayor John A. McNally and Mahoning County Auditor Michael Sciortino — wrote in another motion that they would be filing paperwork to dismiss “certain counts in the indictment” because their clients also haven’t received speedy trials.
Jennifer Scott, Yavorcik’s attorney, wrote in a motion electronically filed at 9:49 p.m. Monday with the Cuyahoga County Common Pleas Court that the case should be dismissed as there was an 855-day delay from the date of the dismissal of the original indictment on July 11, 2011, to the second indictment this past May 15.
“The Ohio speedy-trial statute is mandatory, constitutional and must be construed strictly against the state,” Scott wrote in the nine-page filing.
In Monday’s court filing, Scott wrote that the investigators involved in the existing prosecution are the same as in the first.
“Clearly, the state has not exercised reasonable diligence in this prosecution and is attempting to use the passing of time to gain an unfair tactical advantage specifically warned against by the United State and Ohio Supreme Courts,” Scott wrote.
Read more about these latest developments in Wednesday's Vindicator or on Vindy.com.