Oakhill corruption case suspects raise speedy trial issues - WFMJ.com News weather sports for Youngstown-Warren Ohio

Oakhill corruption case suspects raise speedy trial issues

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CLEVELAND, Ohio -

Two Valley politicians and a lawyer charged in an alleged criminal conspiracy are raising questions as to whether or not prosecutors have violated their constitutional right to a speedy trial.

Youngstown Mayor John McNally, Mahoning County auditor Mike Sciortino and attorney Martin Yavorcik face trial after being accused of conspiring to cover up earlier alleged efforts to stop Mahoning County Commissioners from moving some county offices out of property owned by a local businessman.

Now, Yavorcik's attorney has asked a Cuyahoga County Judge to throw out the charges because 855 days had passed between the dismissal of an original indictment in 2011, and the issuance of the latest indictment in May. The motion argues that state law mandates that no more than 270 days may pass between an indictment and the trial.

The original indictment filed against Yavorcik and others was dismissed when prosecutors could not obtain conversations taped by the FBI. A recent court filing indicates that the prosecution now possesses that evidence.

Attorneys for McNally and Sciortino have also notified the court that they intend to file motions to dismiss certain counts of the indictment based on Ohio's Speedy Trial Act of 1974. 

Prosecuting attorneys say the issue was brought up by the judge, who asked them to calculate a time frame under which the defendants could be guaranteed a speedy trial.

 

 

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