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Oakhill prosecutors to use Cafaro ‘records’
CLEVELAND
Prosecutors in the Oakhill Renaissance Place criminal-corruption case will use 180 pages of records given to them from retired businessman Anthony Cafaro Sr. as evidence against the three defendants during the trial.
The evidence was given to prosecutors after they subpoenaed Cafaro for the records, according to a recent court notice. However, the notice doesn’t disclose the specifics of the “records.”
Prior prosecutor court filings list numerous documents – emails and more than 200 handwritten notes of private meetings and telephone conversations – from Cafaro as evidence in the Oakhill case.
Cafaro, the former head of the Cafaro Co., his family-owned retail-development business, hasn’t been charged in connection with this case. But documents filed by prosecutors list him by name and as “Businessman 1.” Those documents accuse Businessman 1 of being part of a criminal enterprise that illegally, and unsuccessfully, tried to impede or stop the move of the Mahoning County Department of Job and Family Services from the Cafaro Co.-owned Garland Plaza to Oakhill, the former Forum Health Southside Medical Center owned by the county.
Other documents make it clear that Businessman 1 is Cafaro.
Ohio Valley Mall, a Cafaro Co. subsidiary, received $440,000 a year in rent from the county to house JFS.
Cafaro and OVM are fighting with prosecutors in the Ohio Supreme Court in a matter filed under seal to not provide certain evidence related to the Oakhill case. While what is being shielded isn’t clear, Cafaro and OVM received a temporary stay on July 24.
Youngstown Mayor John A. McNally, ex-Mahoning County Auditor Michael V. Sciortino and failed 2008 independent county prosecutor candidate Martin Yavorcik are facing 83 combined counts including engaging in a pattern of corrupt activity, bribery, conspiracy, perjury and money laundering.
Prosecutors recently filed a document with additional evidence from county-owned computers used by Sciortino that they say includes a PDF created April 10, 2014, that contains a number of emails on 28 pages dated Aug. 3, 2006, from “employees/agents of the Cafaro Co. to Michael Sciortino, some of which contains emails blind copied to Anthony Cafaro” Sr.
Also, prosecutors filed responses to the attorneys of McNally and Sciortino, both Democrats, who are seeking to dismiss the case against the two because the statute of limitations had expired and to specifically dismiss tampering with records charges – six against McNally and four against Sciortino – because those charges allegedly violate two statutes and under state law one set must be dismissed. Prosecutors argued the motions are without merit.
Meanwhile, attorneys for Sciortino and McNally filed subpoenas to have six people testify at a Sept. 21 hearing regarding accusations from the defense that prosecutors are withholding about 1,300 hours of secretly recorded tapes.
Defense attorneys have contended that there are 2,000 hours of secretly recorded tapes while prosecutors say the number is 700 hours, and all of them have been given to the defense.
The first Oakhill case was dismissed in July 2011 at the request of prosecutors because not all evidence could be provided to defendants. Specifically, the evidence was what prosecutors in that case said was “approximately 2,000 hours of tape recordings” in the possession of the FBI, and that agency wouldn’t provide it.
Since then, the FBI gave about 700 hours of recordings to prosecutors, leading to the second indictment on May 14, 2014. Prosecutors have repeatedly said there are only 700 hours and the 2,000-hour statement was “off the cuff.”
The subpoenas went to:
Wallace Sines and Deane Hassman, FBI agents with the bureau’s Youngstown office who were involved with investigating this matter.
Paul M. Nick, executive director of the Ohio Ethics Commission; David P. Muhek, an assistant Lorain County prosecutor; and Lorain County Prosecutor Dennis Will. The three were special prosecutors in the first Oakhill case.
Dan Kasaris, the case’s lead prosecutor and a senior assistant attorney general.
Dan Tierney, an attorney general spokesman, said, “Our office hasn’t been served with a subpoena. Once we get it, we’ll be filing a motion to quash that subpoena against Mr. Kasaris. Generally, you can’t subpoena the prosecutor who is prosecuting the case.”
Lynn Maro, McNally’s attorney, and John B. Juhasz, Sciortino’s attorney, could not be reached Tuesday by The Vindicator to comment.