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Oakhill defendants want more time to file motions
CLEVELAND
The attorneys for Youngs-town Mayor John A. McNally and suspended Mahoning County Auditor Michael V. Sciortino — two of three defendants in the Oakhill Renaissance Place criminal corruption case — want to file motions objecting to Cuyahoga County’s being the venue for this matter.
The attorneys, however, say they need more time to review the “voluminous” documents and tapes given to them by prosecutors.
The attorneys — Lynn A. Maro for McNally, and John B. Juhasz for Sciortino — asked for an extension to April 3.
“Complicating the defense efforts to complete and file” the venue challenge is they are defending attorney Scott Cochran in a federal criminal case that started Feb. 20 in Cleveland. Cochran is charged with violating the Hobbs Act, which is extortion by the wrongful use of actual or threatened force, violence or fear; tampering with a witness, victim or informant; and making false statements to law enforcement.
Cochran 43, of Austintown; Neal Atway, 47, of Youngstown; and a store owner, Mohd Rawhneh, 54, of Boardman, were charged with trying to extort money from a defendant who was being represented by the attorneys.
“Counsel cannot function for John McNally and Michael Sciortino at present because they are doing their best to function as counsel for Scott Cochran,” the two wrote in identical court motion. “All three men are in the fight of their lives. They all deserve the best their counsel can give them.”
The two added: “Because of the inclement weather, counsel will be staying in Cleveland, making it even more difficult to work on pretrial motions in this case, or indeed do anything on any case other than Cochran, the bane of the existence of a trial lawyer in any event.”
Monday was the deadline for defendants in this case to file motions with Judge Janet R. Burnside of Cuyahoga County Common Pleas Court to seek a change of venue.
Online court documents don’t show a filing Monday from Mark Lavelle, attorney for Martin Yavorcik, the third defendant in the Oakhill case. But the Maro and Juhasz motions were filed electronically at 1:45 p.m. Sunday and didn’t show up on the online docket until late Monday morning.
Court protocol calls for defendants to file motions on this and for prosecutors to respond.
Prosecutors have contended only one element of a single offense is needed to have Cuyahoga County be an appropriate venue for this case. The May 14, 2014, indictment states the criminal enterprise allegedly involving the three has connections to Cuyahoga County.
The three defendants are accused of 83 criminal counts including engaging in a pattern of corrupt activity, bribery, conspiracy, tampering with records, perjury and money laundering. The three have pleaded not guilty to the charges.
The indictment accuses them of illegally trying 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 Southside Medical Center.
McNally is indicted in his previous role as a county commissioner. McNally and Sciortino, who lost his re-election bid in November 2014, are Democrats, while Yavorcik is an independent who lost the 2008 county prosecutor’s race.