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Man sentenced to 12 years on heroin trafficking conviction
By Joe Gorman
YOUNGSTOWN
Lionel Moses on Thursday told a Mahoning County Common Pleas Court judge sentencing him on three counts of trafficking in heroin that his life was ruined by being an informant in a past drug case.
Moses, 38, told Judge Maureen Sweeney just before she sentenced him to 12 years in prison that contrary to the statement by Assistant Prosecutor Martin Desmond that Moses deserved a long sentence in order to protect informants in drug cases, Moses received no such protection when he pleaded guilty before Judge Sweeney to a drug-trafficking charge in 2005.
Moses, who was convicted by a jury Oct. 29 on the counts, also said he was not selling heroin and never has. He said he was leery of accepting an offer of a sentence of three to four years if he agreed to plead guilty because of his past experience, in which he said a $50,000 bounty was placed on the heads of himself and his family, and he had to uproot his mother and move her to Columbus.
“I cooperated before, and it cost me everything,” Moses said.
The charges, second-degree felonies, have a maximum sentence of eight years each.
Desmond had asked for a sentence in the 12- to 15-year range. He cited Moses’ criminal record which goes back to 1985, and said that a long sentence was necessary to protect the confidential informants and investigative techniques used in drug investigations, some of which were exposed by the trial.
Desmond also said a long prison term is necessary because Moses was bringing heroin to Youngstown from Columbus to be sold here.
“That’s organized criminal activity,” Desmond said.
Moses’ lawyer, Al Palombaro, said a long sentence would unnecessarily punish his client for exercising his right to have a trial. Palombaro said his client was secretly indicted and was not arrested for more than a year. He said his client attended all court proceedings and said Moses’ past criminal record does not reflect what kind of person he is now.
“I believe he is a changed man,” Palombaro said.
Palombaro said the informant used in the investigation was desperate and was trying to lure anyone into selling him drugs. He also said his client was driving back and forth regularly from Columbus to Youngstown to see his kids play football and to deliver cars as part of his car business.