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Murder case pushed back at prosecutors’ request
By Joe Gorman
YOUNGSTOWN
Judge Lou D’Apolito granted a request by prosecutors Wednesday to continue a July 31 murder trial so they can have more time to investigate claims that someone else confessed to the crime.
The judge in Mahoning County Common Pleas Court also denied a motion by defense attorney Stanley Booker to disqualify the county prosecutor’s office from prosecuting the case because of what Booker claims is misconduct by a former prosecutor and one of the current prosecutors on the case, but he did add that Booker could introduce that evidence at trial.
Booker represents Jawonn Hymes, 26, the last of three men accused in the Nov. 14, 2015, shooting death of Thomas Owens, 33, of Burbank Avenue, who was killed while he was in a car with three other men on Myrtle Avenue.
The other two defendants were tried and convicted of complicity charges and are serving lengthy prison sentences.
On July 7, Booker introduced evidence that another person had confessed to killing Owens, and he also produced an alibi witness and a third witness who would testify on Hymes’ behalf as well.
Assistant Prosecutor Steve Yacovone asked the judge for an extension of the July 31 trial date, saying that city police homicide detectives who investigated the case are getting ready to interview the witnesses and need the time to prepare.
Booker objected to the requested delay, saying that his client is entitled to a speedy trial.
“It shouldn’t take three weeks to interview someone,” Booker said.
Judge D’Apolito granted the prosecution’s motion for a continuance, saying that the request to investigate the new information is “not unreasonable.”
But the judge did strike down a motion filed by Booker that said former Assistant Prosecutor Martin Desmond, who prosecuted the first two defendants and has since been fired for conduct in an unrelated case, fed information to witnesses and that current prosecutors on the case obstructed justice by rebuffing calls from witnesses saying they were trying to get in touch with them to tell them someone else committed the crime.
Because of that conduct, Booker said that the prosecutor’s office should be barred from trying the case.
Both Yacovone and Assistant Prosecutor Michael Rich strongly said they have done nothing wrong.
Desmond, who is appealing his firing, also denied any wrongdoing.
“It’s nonsense,” Desmond said. “He’s trying to wriggle his way out of a conviction.”
Judge D’Apolito denied Booker’s motion, saying that his claims were too vague. He said that can be introduced at trial, however.