DiCioccio to be sent to secure nursing home


By Joe Gorman

jgorman@vindy.com

YOUNGSTOWN

A defendant who has been receiving mental-health treatment after being deemed incompetent in a 2007 murder case will be transferred to a secure nursing home.

Judge R. Scott Krichbaum in Mahoning County Common Pleas Court granted the request Tuesday by the team treating James DiCioccio, 59, who was deemed incompetent to stand trial for the 2007 murder of a fellow resident at an Illinois Avenue group home, because of his failing health, including a terminal diagnosis of lung cancer.

The decision came after a court hearing.

DiCioccio has been receiving mental-health treatment at Heartland Behavioral Institute. It was determined in 2008 he was mentally ill and his competency could not be restored.

DiCioccio was accused of strangling Stephen A. Lawson, 34, during a fight at the North Side group home which served men with mental illness. He was deemed incompetent in 2008.

Assistant Prosecutor Steve Masczak objected to the request, saying he was afraid some of the same conditions that existed when Lawson was murdered may exist in the nursing home. Masczak suggested that options to treat DiCioccio at Heartland be considered.

Judge Krichbaum said besides the opinions of the people who examined DiCioccio and determined that it would be safe to move him from Heartland, a second opinion also concurs.

DiCioccio’s attorney, Ronald Knickerbocker, said in addition to the cancer, his client also recently had a knee replacement and will need a hip replacement shortly. He also said the Canton home DiCioccio will be released to is secure. He will be monitored regularly by the team that has been treating him at Heartland.

“I don’t see him in his present condition running away or doing anything,” Knickerbocker siad.

Judge Krichbaum said he does not want to put DiCioccio in a position where he may harm others or himself, but he added he decided to release him to the nursing home because of the opinions of the experts.

DiCioccio, who needed a walker and was present through the entire hearing, did not speak.