Defense seeks dismissal of murder case

YOUNGSTOWN — A man whose aggravated-murder trial earlier this month ended in a mistrial due to an uncooperative witness has asked for dismissal of the charges against him on the basis a re-trial would subject him to unconstitutional double jeopardy.

The dismissal motion was filed today on behalf of Kimani O. Hodges, 20, of Auburndale Avenue, by his defense lawyer, Anthony P. Meranto.

Hodges is charged with aggravated murder with a firearm specification in the Feb. 17, 2016, shooting death of Jason Fonseca and with being a felon with a gun.

Since the trial was halted after a jury had been sworn in, Meranto said a re-trial would violate the prohibition against double jeopardy in the Fifth Amendment to the U.S. Constitution.

Visiting Judge H.F. Inderlied Jr. granted Meranto’s requests to strike from the record the testimony of a key prosecution witness, who refused to answer questions under Meranto’s cross-examination, and to declare a mistrial.

Judge Inderlied, however, declined to rule on the double-jeopardy issue.

Today’s dismissal motion from the defense is now before Judge John M. Durkin of Mahoning County Common Pleas Court.

For the complete story, read Tuesday's Vindicator and Vindy.com