Oakhill defendant wants evidence restrictions lifted despite prosecutor's claims of threats

CLEVELAND

The attorney for Martin Yavorcik, one of the three defendants in the Oakhill Renaissance criminal corruption case, filed a motion asking a judge to permit him to share all evidence turned over by prosecutors with whomever he wants.

But the Ohio Attorney General’s Office, which is prosecuting this case along with the Cuyahoga County Prosecutor’s Office, is objecting because “threats have been made to at least one witness in this case,” said Dan Tierney, an AG spokesman.

“Disclosure of that information would compromise the safety of those witnesses,” he said.

Some evidence given by prosecutors to the defendants is marked for “counsel only,” meaning it can’t be shared with anyone besides the defendants and their attorneys. Sharing that information without the court’s consent could put defendants or their attorneys in contempt of court.

Mark Lavelle, Yavorcik’s attorney, filed the motion Thursday asking Judge Janet R. Burnside of Cuyahoga County Common Pleas Court, who is overseeing the case, to review the prosecutor’s “decision of nondisclosure or designation of ‘counsel only’ material for abuse of discretion.”

In the filing, Lavelle wrote that Yavorcik and the two other defendants — Youngstown Mayor John A. McNally and Mahoning County Auditor Michael V. Sciortino — are charged with “so-called ‘white collar’ violations such as money laundering, tampering with records and bribery. There are no allegations in the discovery provided to date or the bill of particulars provided by the state of threats, either physical or economic, of anyone whatsoever.”

Tierney said that isn’t the case.

“We made [the decision] for very serious reasons,” he said.

Read more about the latest filings in Friday's Vindicator or on Vindy.com.