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Obstruction of justice charge against Youngstown lawyers dismissed
YOUNGSTOWN
Two Youngstown lawyers have had their motions for acquittal sustained in part and denied in part.
Chief U.S. District Judge Solomon Oliver Jr. in Cleveland ruled Wednesday in the case of Attys. Neal Atway and Scott Cochran, who were indicted on extortion and obstruction of justice charges.
After presiding over their monthlong trial, Judge Oliver declared a mistrial in March as defense lawyers requested.
A court spokesman would only say the judge declared the mistrial based on communications received from the jury in deliberations.
Judge Oliver granted the defendants’ motions for acquittal on charges of obstruction of justice and conspiracy to obstruct justice, saying the government failed to provide sufficient evidence to support those charges.
The judge, however, left intact charges of Hobbs Act conspiracy and Hobbs Act violation and making a false statement to law enforcement against both defendants.
The Hobbs Act charges alleged extortion by wrongful use of actual or threatened force, violence or fear.
The judge said a new trial will begin Oct. 13, if the U.S. attorney wants to retry the case. He set a final pretrial conference for Sept. 1.
Immediately after the mistrial was declared, Mike Tobin, a spokesman for the U.S. Attorney’s Office, which has been prosecuting the case, said the government would seek a retrial.
Tobin, however, did not respond to a request for comment late Wednesday after the judge announced his most recent decision.
A co-defendant, Mohd Rawhneh, 54, of Boardman, a convenience store owner, pleaded guilty in May 2014 to conspiracy to commit wire fraud and awaits sentencing.
Atway, 47, of Youngstown, and Cochran, 43, of Austintown, 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 federal sentencing and tell the judge facts that could result in a harsher sentence for Muth.
“The federal case involved marijuana charges. All parties acknowledge that Rawhneh was not a victim in that case and would not have been entitled to speak,” Judge Oliver wrote in his Wednesday ruling.
After the mistrial, lawyers for Atway and Cochran asked Judge Oliver to acquit the defendants of all counts on the basis of insufficient evidence, without conducting a new trial.