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New filing in Oakhill case reveals more details, names Cafaro
By DAVID SKOLNICK
skolnick@vindy.com
CLEVELAND
Notice of Intent to Use Evidence
Document
A comprehensive listing of all evidence to be used in the upcoming court proceedings.
A new 100-page document in the Oakhill Renaissance Place criminal conspiracy case shines more light on what prosecutors contend was coordinated corruption between Mahoning County officials and Anthony Cafaro Sr.
The document, a “notice of intent to use evidence,” was filed Thursday by Daniel Kasaris, senior assistant Ohio attorney general and this case’s lead prosecutor, and Cuyahoga County Prosecutor Timothy J. McGinty.
Unlike the May 14, 2014, indictment, the June 11, 2014, bill of particulars, and every other document in this case filed by prosecutors, the Thursday filing specifically names Cafaro.
The former head of his family’s retail-development business was called Businessman 1 in the indictment. The new court filing doesn’t specifically name Cafaro as Businessman 1, but the allegations match in both documents.
No criminal charges have been filed against Cafaro, although the notice questions his truthfulness under oath.
The new document uses the word “Cafaro” nearly 500 times, with most references to Anthony Cafaro Sr.
Also, the Cafaro Co., law firms, alleged co-conspirators and several others — including a number of current and former Mahoning County politicians — are named for the first time in the notice.
Youngstown Mayor John A. McNally in his previous capacity as Mahoning County commissioner, county Auditor Michael V. Sciortino and failed 2008 county prosecutor candidate Martin Yavorcik were indicted in May 2014 on 83 criminal counts, including engaging in a pattern of corrupt activity, bribery, perjury, conspiracy, money laundering and tampering with records.
The three have pleaded not guilty to the charges.
The notice lists thousands of pieces of evidence prosecutors may use against the three at trial. It also states that more evidence may be coming from computers and 676 computer disks taken from Sciortino’s house and office, and from a department at Oakhill overseen by the auditor a few months ago.
The indictment accuses the three and numerous others of being involved in a criminal enterprise to impede the move of the county Department of Job and Family Services from the Cafaro-Co.-owned Garland Plaza on the East Side to Oakhill Renaissance Place, the former Forum Health Southside Medical Center.
The indictment alleges that McNally and Sciortino, both Democrats, received benefits for opposing the relocation, and Yavorcik, an independent, accepted money in exchange for not investigating or prosecuting members of the enterprise if elected prosecutor.
Besides the three, the only other people mentioned by name in the indictment were John Zachariah, the former JFS director; Lisa Antonini, a former county Democratic Party chairwoman and county treasurer who pleaded guilty to honest services mail fraud for failing to report a $3,000 cash gift from Cafaro on a disclosure form with the Ohio Ethics Commission; and Richard Goldberg, a felon and former attorney who worked on Yavorcik’s 2008 campaign.
The new document also mentions by name former county Treasurer John Reardon (likely the unnamed John Doe 2 in the indictment); three Cleveland-based law firms, including Ulmer & Berne; and numerous attorneys at all three firms.
But the notice specifically states that there isn’t evidence that the two other firms — Squire Sanders and Taft Stettinius & Hollister — or their attorneys “knowingly committed” any criminal offenses.
The notice claims documents from a 2007 lawsuit filed by then-Ohio Auditor Mary Taylor “may be used to show evidence of perjury and tampering with evidence” by Sciortino.
It also contends McNally reviewed a draft of a taxpayer’s lawsuit against the county, despite denying “under oath having prior knowledge that it was going to be filed.” Later in the filing, prosecutors wrote that McNally “lied” in a deposition about possessing documents he received from Ulmer & Berne.
Telephone calls Thursday from The Vindicator to Lynn Maro, McNally’s attorney, and John B. Juhasz, Sciortino’s attorney, were not returned.
Juhasz’s name is mentioned 60 times in the new filing, including a thank-you note he sent to Cafaro for buying drinks after a deposition.
While the JFS location argument was ongoing, the prosecutors contend in the new filing that Zachariah and McNally met in person, spoke on the telephone and emailed numerous times with Cafaro.
In a deposition, Cafaro said under oath that neither he nor the Cafaro Co. paid Zachariah’s attorney fees. But the new filing states that records turned over by the Cafaro Co. to prosecutors show that the company paid more than $20,000 to Zachariah’s attorney.
Also, during that time, Zachariah emailed officials with Cafaro, including Anthony Sr., and the Cafaro-owned Eastwood Mall about an internship for his son, according to the notice.
Days before his Feb. 15, 2007, resignation announcement, Zachariah emailed Cafaro “seeking help to obtain a job,” according to the filing.
Among the evidence listed is a copy of a check for $486 from Cafaro to pay for food and a receipt for $153 for drinks for Zachariah’s “going-away party.”
An attempt to reach Joe Bell, Cafaro Co. spokesman, late Thursday by The Vindicator was unsuccessful.
Other documents that may be used as evidence are bank records of Michael Morley, a former county Democratic Party chairman; the campaign committee of ex-Youngstown Mayor George M. McKelvey’s failed 2006 bid for county commissioner; Yavorcik; Antonini; Ulmer & Berne; Cafaro; his company; his sister Flora; and his mother, Alyce.
The filing also states prosecutors have copies of campaign finance reports for Antonini, Yavorcik, McKelvey, David Aey, who unsuccessfully tried to get on the ballot in 2008 for county sheriff, and state Rep. Ronald V. Gerberry of Austintown, D-59th.
Gerberry said he’s “talked to the FBI. I’ve had conversations with them and I’ll leave it at that.”
When asked if he did anything illegal, Gerberry said, “Not that I’m aware of.”
Attempts to reach McKelvey Thursday were unsuccessful. He is likely John Doe 4 in the indictment. That person is described in the indictment as a 2006 county commissioner candidate who received a campaign contribution from someone who was improperly reimbursed by Businessman 1. The indictment states the campaign report doesn’t list Businessman 1 as “the true donor.” But it doesn’t disclose if prosecutors believe the candidate knew that.