OAKHILL SENTENCING | UPDATE: McNally, Sciortino get a year of probation

CLEVELAND — Ex-Mahoning County Auditor Michael V. Sciortino and Youngstown Mayor John A. McNally were placed on a year of probation today for their involvement in the Oakhill Renaissance Place scandal.

Judge Janet R. Burnside of Cuyahoga County Common Pleas Court handed down the sentences.

Sciortino faced up to 30 months in state prison while McNally could have received up to six months in county jail.

They were both ordered to do 20 hours of community service. If Sciortino violates his probation, Judge Burnside said she would send him to prison for a year. The judge didn't address what would happen with McNally if he violates probation.

Both only have to report for probation every six months.

The two Democrats pleaded guilty to reduced charges Feb. 26, three days before they were to go to trial.

McNally was charged with 18 felonies and seven misdemeanors. He pleaded guilty to four misdemeanors: two counts of falsification - reduced from perjury - and one count each of unlawful use of a communications device - reduced from telecommunications fraud - and attempted unlawful influence of a public official - reduced from unlawful influence of a public official.

As part of the deal, McNally is permitted to remain mayor and paid a $3,500 fine.

McNally will cooperate with officials investigating public corruption in the Mahoning Valley for only a year while Sciortino's cooperation is indefinite.

Sciortino's deal had him plead guilty to a felony count of having an unlawful interest in a public contract - reduced from a higher felony of tampering with records - and one misdemeanor count each of falsification - reduced from perjury - and receiving or soliciting improper compensation. The latter charge was in the indictment.

Sciortino will also plead guilty Thursday in Mahoning County Common Pleas Court to one felony and one misdemeanor as part of the deal. He faced 25 felonies in his home county accused of illegally using county-owned computers and other equipment more than 300 times for political purposes, his personal DJ/band business and law practice, as well as having four employees help him.

McNally and Sciortino were indicted on charges including engaging in a pattern of corrupt activity, conspiracy, bribery, perjury and tampering with records.

They were accused of being a part of a criminal enterprise that conspired with others to illegally stop or impede Mahoning County's purchase of Oakhill Renaissance Place, the former Forum Health Southside Medical Center. They were also accused of trying to stop the relocation of the county's Department of Job and Family Services from relocating there from the Garland Plaza, a building owned by a Cafaro Co. subsidiary.

McNally's convictions are related to him faxing the county's confidential offer to buy Oakhill on July 26, 2006, to attorneys at Ulmer & Berne, a Cleveland law firm that represented the Cafaro Co., and for making false statements during a sworn deposition.

Sciortino's convictions are connected to him receiving free legal services from Ulmer & Berne, paid by Anthony Cafaro Sr., then president of the Cafaro Co., in 2006, and for making false statements during a sworn deposition.

Dan Kasaris, a senior assistant Ohio attorney general and the lead prosecutor on the Oakhill case, said today that as part of Sciortino's deal, the former auditor was to tell the truth during a March 7 interview with prosecutors about Cafaro paying those legal fees and the defendant said he wasn't aware of that.

"We believe him to be less than truthful," Kasaris said today.

Prosecutors couldn't use him as a witness during the recent trial of Martin Yavorcik, a co-defendant and failed 2008 independent candidate for Mahoning County prosecutor.

Sciortino "said he wasn't aware (Cafaro) paid the Ulmer & Berne fees," Kasaris said.

Kasaris called it "willful blindness" by Sciortino and him not disclosing it was "disingenuous."

John B. Juhasz, Sciortino's attorney, said his client didn't find out about Cafaro paying those legal fees until much later.

"We don't believe he's being disingenuous," Juhasz said.

During the discussion before the judge's sentence, Matthew E. Meyer, a Cuyahoga County assistant prosecutor who prosecuted the Oakhill case, said, "We're willing to vacate the plea. We can go to trial."

Lynn Maro, McNally's attorney, said Sciortino was truthful in his statements to prosecutors and that her client took the lead in dealing with attorneys during the Oakhill matter.

While McNally and Sciortino took deals, Yavorcik did not.

Yavorcik faced 10 felonies with a jury finding him guilty Friday of eight counts: one count each of engaging in a pattern of corrupt activity, conspiracy, tampering with records as well as three counts of bribery and two counts of money laundering.

He faces up to 11 years in prison. Judge Burnside will sentence Yavorcik on April 22.