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Judge tosses Oakhill defendant attorney’s motion
CLEVELAND
The Cuyahoga County Common Pleas Court judge overseeing the Oakhill Renaissance Place criminal corruption case rejected a filing from the attorney of Martin Yavorcik, one of the three defendants, for violating court rules.
In a three-sentence journal entry Wednesday, Judge Janet R. Burnside said the court brief “is stricken from [the] docket” because Mark Lavelle, Yavorcik’s attorney, failed to receive permission from her before filing it.
The filing specifically violates the court’s Rule 11-D, which states: “Reply or additional briefs upon motions and submissions may be filed with leave of the court” [meaning with the judge’s permission] “only upon a showing of good cause.”
Lavelle’s filing on Monday was a follow-up to a request to permit defense attorneys in the case to share certain evidence with others.
Prosecutors object to that request to protect the safety of confidential informants — including one who prosecutors say was threatened — and because “the recordings provided in discovery contained unfounded allegations regarding several public officials in Mahoning County.”
Prosecutors say a confidential witness was threatened May 7, 2014, seven days before Yavorcik and his two co-defendants — Youngstown Mayor John A. McNally and Mahoning County Auditor Michael V. Sciortino — were indicted on 83 criminal counts.
In the rejected filing, Lavelle cast some doubt that the informant was threatened.
Lavelle and the attorneys who represent McNally and Sciortino, both Democrats, have asked the judge for a hearing as soon as possible to get “counsel only” designation — which means attorneys can’t share it — removed from certain evidence.
Prosecutors point out that state criminal court rules state such a hearing can only be conducted seven days before a trial.
In the rejected filing, Lavelle wrote that to “expect the defense to be ready in seven days after providing critical information is unrealistic.”
Lavelle also wrote: “To date, some discovery has been turned over including audiotapes and written reports, however, the government has never revealed the name/identity of its informants to the defendants.”
The Ohio Attorney General’s Office, which is prosecuting the case, said the defense attorneys were given the names of the informants, and have copies of secret audiotapes made by at least one of the informants.
Lavelle couldn’t be reached Thursday by The Vindicator to comment.
Yavorcik, a failed independent 2008 Mahoning County prosecutor candidate, McNally in his previous capacity as a Mahoning County commissioner, and Sciortino face a combined 83 counts including engaging in a pattern of corrupt activity, conspiracy, bribery, perjury, money laundering and tampering with evidence. They’ve pleaded innocent.
McNally, Sciortino and Yavorcik are accused of being part of a group who conspired illegally 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 Renaissance Place, the former Forum Health South Side Center.
Meanwhile, a commission of three retired judges, who met Tuesday to determine if Sciortino should be suspended with pay, had not made a decision.
Under state law, public officials accused of committing felonies directly related to their positions are required to have a hearing for that determination.
Sciortino, defeated in the Nov. 4, 2014, election, receives $89,109 in annual salary. His term expires March 8.