43
Acquit us without a new trial, Youngstown lawyers ask judge
Youngstown
YOUNGSTOWN
Two Youngstown lawyers charged with extortion and obstructing justice want the federal judge who declared a mistrial in their case last month to issue a judgment of acquittal for them on all counts without conducting a new trial.
Attys. Neal Atway, 47, of Youngstown, and Scott Cochran, 43, of Austintown, partners in a downtown Youngstown law office, said in motions before Chief U.S. District Judge Solomon Oliver Jr. they should be acquitted because the government’s evidence is insufficient to support the charges.
Judges Oliver has not ruled on their motions.
After presiding over the monthlong criminal trial of Atway and Cochran in Cleveland, Judge Oliver declared a mistrial as requested by the defense lawyers.
A court spokeswoman said she was only authorized to say the judge declared a mistrial based on communications received from the jury during deliberations.
Atway and Cochran were charged with two counts each of violating the Hobbs Act — extortion by wrongful use of actual or threatened force, violence or fear.
They also faced two counts each of conspiring to tamper with a witness, victim or informant and one count each of lying to FBI agents investigating this case.
A co-defendant, Mohd Rawhneh, 54, of Boardman, a convenience store owner, pleaded guilty last May to conspiracy to commit wire fraud and awaits sentencing in federal court.
Atway and Cochran were accused of trying to extort money for Rawhneh from another convenience-store owner, Charles B. Muth, 42, of Canfield, a defendant in criminal cases, who was being represented by Atway and Cochran.
Muth was having a business dispute with Rawhneh.
The indictment alleged that Rawhneh and Atway led Muth to believe that, unless Rawhneh got money and property from Muth and Muth’s stores, Rawhneh would appear at Muth’s sentencings and tell the judges facts that could result in harsher sentences for Muth.
“The evidence introduced, even construed in a light most favorable to the government, is insufficient to establish that Cochran was aware of, nor joined, any conspiracy,” wrote Attys. Lynn A. Maro and John B. Juhasz of Boardman on behalf of Cochran.
“Indeed, the government did not establish existence of conspiracy,” Maro and Juhasz added.
“The government’s evidence fell far short of establishing the allegation that Atway, Cochran and Rawhneh conspired to extort money or property from Muth,” wrote Atway’s Cleveland lawyers, Roger M. Synenberg, Dominic J. Coletta and Clare C. Moran.
The U.S. Attorney’s Office, which argued the government’s case, will seek a retrial, said Mike Tobin, a spokesman for that office.