43
Oakhill judge gives defendants time to respond, moves trial date
CLEVELAND
The judge overseeing the Oakhill Renaissance Place criminal-corruption trial said she hasn’t yet ruled on a proposed reduction in the number of counts facing the three defendants to give their attorneys time to respond.
Judge Janet R. Burnside of Cuyahoga County Common Pleas Court said after a Friday pretrial in Cleveland that she wanted to give defense attorneys 7 to 10 days to respond to the prosecutors’ motion to amend the indictment before she makes a ruling.
“It wouldn’t be right for me to make a decision,” she said Friday. “It was only filed [Thursday]. I don’t think it will be a big issue. We want to get the case streamlined – eliminating language and some counts.”
After the defense files a response, Judge Burnside said she’ll rule “pretty quickly.”
At Friday’s hearing, Judge Burnside moved the start of the trial to Feb. 29 from March 1. March 1 is a Tuesday, and “there’s no reason to start on Tuesday,” she said.
“The trial will start on time,” Judge Burnside said.
The trial will last several weeks, she said, and will be scheduled for Mondays to Thursdays, starting at 8:45 a.m. and ending at 5 p.m.
Prosecutors filed an amended indictment Thursday to reduce the number of counts from 73 to 45. As some of the charges list more than one defendant, the three faced a total of 83 counts. Now, that number is 53.
Prosecutors eliminated counts they say were similar to other charges that remain in the indictment.
The reduction of counts and the elimination of paragraphs in the charge of engaging in a pattern of corrupt activity was done based on a Judge Burnside court order last month.
Friday’s pretrial hearing with prosecutors and defense attorneys lasted two hours.
“They’re making wonderful progress on finalizing witness lists and exhibit lists; they’re nearly done,” Judge Burnside said.
The next pretrial is set for Feb. 19.
The defendants are Youngstown Mayor John A. McNally in his previous capacity as Mahoning County commissioner, and former county Auditor Michael V. Sciortino, both Democrats, as well as attorney Martin Yavorcik, a failed 2008 independent candidate for county prosecutor.
The indictment accuses the three of being part of a criminal enterprise to stop or impede the relocation of a county agency from a building owned by a Cafaro Co. subsidiary to Oakhill Renaissance Place, the former Forum Health Southside Medical Center owned by the county.
The indictment accuses the three of benefiting from being involved in the alleged enterprise. They have pleaded not guilty.