Probation for Yavorcik is a travesty of justice

Unlike federal judges who must adhere to sentencing guidelines, state judges have a great deal of discretion, which results in the uneven application of justice.

Law-abiding residents of the Mahoning Valley have had front-row seats to the differences between the federal and state criminal-justice systems in the long-standing war on public corruption.

Defendants in federal courts, including a former congressman, prosecutor, sheriff, judges and other elected officials have gone to prison for their crimes against society.

By contrast, three prominent participants in the government corruption scandal that grew out of Mahoning County’s purchase of Oakhill Renaissance Place have walked away from a state court relatively unscathed.

We are confident that had Youngstown Mayor John A. McNally, former county Auditor Michael Sciortino and Youngstown Atty. Martin Yavorcik been convicted on federal criminal changes, they would be in prison today.

Instead, they are home, having been sentenced to probation by Cuyahoga County Common Pleas Judge Janet Burnside.

McNally and Sciortino pleaded guilty to criminal charges stemming from their involvement in the Oakhill criminal enterprise and received probation.

Yavorcik went to trial before a jury, defended himself and was found guilty of eight felony charges – and received probation from Judge Burnside.

Friday’s sentencing in common pleas court in Cleveland sent shock waves through the honest, law-abiding community in the Valley.

The judge used her discretion to reward criminal behavior. What made the sentence of probation even more egregious is that McNally, Sciortino and Yavorcik are lawyers. Their involvement in the criminal enterprise that was designed to undermine the legitimate conduct of county government business demanded the harshest punishment possible.

Instead, McNally, Sciortino and Yavorcik are wallowing in their good fortune. However, that celebration may be short-lived for Yavorcik.

Prosecutors in his case, understandably shocked by Judge Burnside’s lenient treatment, made it clear Friday that they will file an appeal of the sentence with the 8th District Court of Appeals.

When they do, we hope that the appeals court receives amicus briefs from organizations and individuals who could shed additional light on Yavorcik’s criminal behavior.

Amicus briefs are legal documents filed in appellate court cases by nonlitigants with a strong interest in the subject matter. The briefs advise the court of relevant, additional information or arguments that the court might wish to consider.

WEALTH OF INFORMATION

There’s a wealth of information pertaining to the Oakhill Renaissance Place criminal enterprise that would have a direct bearing on the Yavorcik appeal.

In addition, the appeals court judges will certainly want to delve into the Youngstown lawyer’s claim of have a drinking problem. When did this so-called problem enter into the picture?

We share the frustration and disappointment of the prosecutors with the sentence of probation and urge them not to give up their quest for justice. Honest, law-abiding residents of the Valley want to see an end to the region’s long, putrid history of public corruption.

“In this case, we pushed back against an attempt to rig the system in favor of the powerful and the wealthy,” said Matthew E. Meyer, a Cuyahoga County assistant prosecutor.

That has been our major concern for decades as the list of convictions related to bribery and corruption in the public sector in the Valley has grown. The rich and powerful have taken advantage of the lack of morals on the part of some elected officials and public employees. As a result, we have been witness to local governments catering to the few.

This must end.

“We expect to prevail because a first-degree felony count carries a presumption of prison,” Meyer said of the Yavorcik appeal. “Prison is especially important in a public-corruption case.”

We are hard-pressed to understand why Judge Burnside concluded that McNally, Sciortino and Yavorcik were deserving of her judicial generosity. After all, as a judge in Cuyahoga County she has seen how the federal criminal justice system treats defendants in public-corruption cases. There is no leniency.

We are cautiously optimistic that the judges in the 8th District Court of Appeals will reverse the travesty of justice perpetrated by the lower court.