Judge rules against defense motion in murder case

March 14, 2019 at 12:00a.m.

YOUNGSTOWN

Judge Anthony Donofrio on Wednesday ruled against a motion by one of two defendants in a September 2016 shooting death to have his case separated from his co-defendant.

Atty. Lou DeFabio made the request in Mahoning County Common Pleas Court on behalf of his client, David Oliver, 26, who is charged in the Sept. 20, 2016, shooting death of Andre Harrison, 34, in a Kensington Avenue home.

Also charged in the case is Jalon Allen, 24. Trial in the case is set for April 29.

Harrison was found shot to death by police inside his North Side home. A coroner’s report said a witness heard a gunshot and then saw two men run from the home. DeFabio said a significant portion of the crime is on video.

Police found bags of suspected marijuana and a scale in the home and in Harrison’s pockets police found bags of suspected marijuana and bags with a white powder inside, the coroner’s report said.

DeFabio said he wants the cases separated, saying Allen’s testimony will blame his client for Harrison’s death and that will prejudice a jury.

“If you believe Allen, you have to disbelieve Oliver,” DeFabio said.

DeFabio said the court can proceed and determine after trial begins to separate the cases, but that would mean a mistrial would probably have to be declared, and the process will have to start all over again.

Assistant Prosecutor Dawn Cantalamessa said that prosecutors cannot introduce any statements made by Allen because they are self-serving, and Allen cannot introduce those statements, either, she said, for the same reason.

Judge Donofrio said he is not sure if he would admit Allen’s statements as evidence anyway and also said there is no guarantee that he testifies.

He said if Allen does testify, jurors will have to decide if he is truthful or not. He said the jurors are there to find the facts of the case.