NILES, Ohio - Attorneys for former Nile Mayor Ralph Infante are making a case that the trial of a 56 count indictment against the official should be moved out of Trumbull County. 

The Trumbull County Court has just several days to respond to a motion for a change of venue in the case against Ralph Infante, 62, before trial is scheduled to begin on Monday. 

Infante, who served as mayor of Niles for 24 years, faces 56 criminal charges including engaging in a pattern of corrupt activities, theft in office, money laundering, bribery, tampering with records, gambling, and operating a gambling house.

His wife, Judy Infante, is charged with engaging in corrupt activities, tampering with records, and theft.

The indictment alleges that the criminal activity covered all the years Infante served as mayor of Niles.

It also alleges that he operated an illegal gambling enterprise out of his business, the ITAM #39 Club in Girard.

Now attorneys for the former mayor claim that the potential jury pool has been tainted by not only pre-trial publicity but citizen comments and opinions shared on online news articles. 

Attorneys argue that it is the duty of the court when there is "pervasive" pretrial publicity to either issue a continuance or changing the venue. 

In the motion, Infante's legal team argues, "Certainly in a case that is almost 2 years old and with no chance of publicity dying down, a continuance is not a reasonable solution."

One of the major sticking points is the ability that community members have to not only read the news online, but to comment, post, and share personal opinions and anecdotes. 

"Some of the news coverage shows the antipathy of the community toward the defendant, not for what he has done, but for what he is accused of doing," the motion states. 

Attorney continue the argument by stating, "A relatively new feature in technology is the post, where readers not only read the news but post, usually but not always hiding behind a pseudonym, what they think about the news"

The motion points specifically to an article in which an anonymous commenter under the name "Billdog" responded to an article about the guilty plea of Former Niles Auditor Charles Nader on our print partner The Vindicator's website, saying in part, "Charlie enjoyed that money that allowed him to live the privileged lifestyle. He now knows that state-funded housing would be confining, lack privacy and personal space. He must feel Ralph won't mind the lifestyle of prison. Ralph is a tough guy that often speaks to others like they are peons. Ralph likely will learn what being peed on is like." 

The motion goes on to point to other commenters posting on new forums online. 

"These days, with interactive media, it is not just the media that can spread maliciousness against the Defendant... These days, the public's comments, widely read just as is the media coverage itself, can be brutal."

The court filing argues that the court cannot satisfy themselves by thinking that a jury who has been overexposed to pretrial publicity will be impartial, just because they say they will. 

"Our collective job, the, as lawyers and as the Court, is not to jampack questionable jurors onto a panel, comforting ourselves that despite the jurors' exposure to pretrial publicity, they have given assurances that they can be fair," Infante's attorneys write. 

In addition to the motion requesting the change of venue, Infante's attorneys asked that if it isn't granted, that the court allow attorneys to individually interview each potential juror, while sequestered. The goal is to make sure that attorneys are able to seat an impartial jury for the trial. 

The defense also filed four other motions, asking that two state exhibits be excluded from trial, one witness be excluded, that state evidence, including witness statements and pending charges against other officials, be turned over to the defense attorneys, and more time to file a complete list of witnesses that the defense plans to call. 

A jury trial is slated to begin Monday, April 23rd.