Judge denies Yavorcik bid to dismiss Oakhill corruption case - WFMJ.com News weather sports for Youngstown-Warren Ohio

Judge denies Yavorcik bid to dismiss Oakhill corruption case

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CLEVELAND, Ohio -

The judge assigned to the Oakhill corruption case has for now, shut down an attempt by one of the defendant's to have his case dismissed on the basis that his constitutional right to a speedy trial was denied.

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

Cuyahoga County Judge Janet Burnside, who has been assigned to the case, asked the prosecutor and defense attorneys to provide critical information needed to insure that the defendants would be guaranteed speedy trials under the law.

Yavorcik's attorney used the opportunity to file a motion seeking dismissal of the charges on the basis that 855 days had passed between the dismissal of a similar indictment in 2011, and the issuance of the latest indictment in May. The motion argued 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 in Mahoning County was dismissed when prosecutors could not obtain as evidence, conversations taped by the FBI. A recent court filing indicates that the prosecution now possesses that evidence

One day after the Yavorcik's motion for dismissal was filed, Judge Burnside denied it. She wrote in her order that Yavorcik's brief failed to provide critical information needed to determine at time when the countdown would begin to insure a speedy trial.

The judge pointed out that time does not run from the date of an indictment, but time starts to run once there are charges filed against the defendant and the defendant is in custody for those charges.

Judge Burnside says as an example, Yavorcik's motion gives no information as to when, if ever, Yavorcik was in custody for the charges.

The judge writes that not all defense filings affect speedy trial time, and notes that Yavorcik's motion doesn't state which specific filings would affect determination of speedy trial criteria.

Judge Burnside found Yavorcik in default of her order to present a simple valid calculation, so she can compare his position with that of the prosecution on when the speedy trial time clock should start ticking.

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

As of Thursday morning, the Cuyahoga County court docket did not indicate that such motions have been filed.

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