Tito also moves to quash McKinney subpoena

Staff report

YOUNGSTOWN

Youngstown Mayor-elect Jamael Tito Brown is the latest to file a motion to quash a subpoena issued by Sean McKinney in his lawsuit alleging election fraud.

McKinney issued subpoenas to 13 current and former county employees along with Brown. The lawsuit, filed earlier this month, disputes the results of November’s election, which McKinney lost by 201 votes, and demands a new election.

The county prosecutor already has filed motions to quash the subpoenas against its employees asking them to appear at depositions.

A brief in support of Brown’s motion to quash argues that depositions are not part of the discovery phase, during which attorneys gather evidence, in an election contest proceeding.

Donald C. Brey, a Columbus attorney who represents McKinney, said he disagrees with that position and further said depositions are commonly done in election contests.

He called the motions to quash the subpoenas “disappointing.”

The depositions, scheduled for Thursday and today, will not go forward, and the case will remain in a holding pattern until visiting Judge Patricia A. Cosgrove issues a ruling on the matter.

Brey would not comment on his strategy in issuing subpoenas to officials including former Mahoning County Treasurer Lisa Antonini and former Mahoning County Auditor Michael Sciortino, both of whom received felony convictions and left office years before November’s election.