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The Oakhill trial judge said a long case could cause jurors to ‘lose interest’
CLEVELAND
The judge overseeing the Oakhill Renaissance Place criminal-corruption trial wants attorneys on both sides to “streamline the case” so it moves at a steady pace and doesn’t bore jurors.
“I’m always concerned jurors will lose interest or we’ll torture them” with a lengthy case, said Judge Janet R. Burnside of Cuyahoga County Common Pleas Court.
There are thousands of pages of evidence – as well as about 700 to 800 hours of secretly recorded tapes – that could be introduced in the case set to start March 1. Of that evidence, about 99 percent isn’t in dispute, So, a computer system that shows the documents on a large screen — allowing everyone to see it and speeding up the trial — is one way to make the case move at a good pace, Judge Burnside said.
It’s faster than the traditional way of introducing evidence in which it’s given to the attorneys on the other side, the witness, and sometimes the judge and jury, she said.
“These are important documents,” she said. “This will save a ton of time and [help with] the attention span of jurors.”
The judge met Friday with prosecutors and defense attorneys to discuss “ways to streamline the case so it doesn’t take as long,” she said. “I think the case will be a little bit smaller by March 1,” its starting date.
Judge Burnside said most of her jury trials last four days. But this one won’t be nearly as quick, she said.
“It’s going to be a long case, but I don’t think we’re looking at months,” Judge Burnside said.
The judge said she asked both sides to have proposals to streamline the trial by a Jan. 15 pretrial hearing.
“In the legal biz, it’s what we call trial management,” she said. “I’ve given them marching orders to refine and streamline and make [the trial] go quicker.”
Youngstown Mayor John A. McNally and ex-Mahoning County Auditor Michael V. Sciortino, both Democrats, and attorney Martin Yavorcik, a failed 2008 independent Mahoning County prosecutor candidate, face 83 criminal counts, including engaging in a pattern of corrupt activity, bribery, conspiracy, perjury and money laundering. They’ve pleaded not guilty.
They are accused of being part of a criminal enterprise that is alleged to have illegally tried to stop or impede the relocation of the Mahoning County Department of Job and Family Services from a now-demolished plaza owned by a Cafaro Co. subsidiary to Oakhill Renaissance Place, the former Forum Health Southside Medical Center owned by the county.
Judge Burnside said there was no discussion during Friday’s hearing about trying the three defendants separately rather than all at once.
“There appears to be no interest” in that, she said. “There’s still plenty of time to do it, but I haven’t heard anything about it.”
Dan Tierney, a spokesman for the attorney general’s office, the case’s lead prosecutor, said, “We’re pleased with the path we’re on to try this case on March 1.”
Attorneys for McNally, Sciortino and Yavorcik didn’t return telephone calls Friday from The Vindicator seeking comment.