Boardman attorney's Oakhill corruption conviction sent back to l - WFMJ.com News weather sports for Youngstown-Warren Ohio

Boardman attorney's Oakhill corruption conviction sent back to lower court

Posted: Updated:
Martin Yavorcik Martin Yavorcik
CLEVELAND, Ohio -

Nearly two years to the day since a Boardman attorney appealed his criminal conviction the appeals court has determined that prosecutors filed the case in the wrong county. 

A three-judge panel of the 8th District Court of Appeals in Cuyahoga County ruled Thursday to uphold Attorney Martin Yavorcik's appeal after ordering that prosecutors failed to establish why the case should have been filed in Cuyahoga County. 

Yavorcik was convicted in 2016 by a Cuyahoga County Common Pleas Court Judge in the Oakhill Corruption case and appealed his conviction on charges of engaging in a pattern of corrupt activity, conspiracy, bribery, tampering with records, and money laundering.

In a judgment issued Thursday by the Court of Appeals judges found that only three aspects of the entire Oakhill Corruption case pertained to Cuyahoga County: the fact that Oakhill codefendants Michael Sciortino and John McNally were represented by a Cleveland attorney, that the law firm then allegedly withheld information during a grand jury proceeding, and that a fax was sent from McNally in Mahoning County to the Cleveland law firm. 

In a concurrent judgment, one judge said that the state's attempt to convict Yavorcik in Cuyahoga County was chilling. 

A portion of that ruling states, "The state's position is concerning. At the least, it creates a chilling effect on criminal defendants seeking attorneys in other jurisdictions to represent them, at the risk of creating a venue in another county. But more importantly, taking the state's theory to its logical ends, any criminal defense attorney could be considered a co-conspirator by merely providing legal advice to a person who may have committed a crime." 

In addition to the five years of community control, also known as probation, Cuyahoga County Judge Janet Burnside sentenced the former candidate for Mahoning County Prosecutor to one-year house arrest and ordered a fine of $1,000.

Yavorcik previously told the court that because he has placed his law license on inactive status as part of his sentence, he is relying on family members to provide for his needs.

The Ohio Supreme Court has since suspended Yavorcik from practicing law.

Lawyers who prosecuted Yavorcik responded to the appeal by arguing that Yavorcik was convicted of a first-degree felony and should serve some prison time instead of probation.

Investigators say Yavorcik ran for Mahoning County Prosecutor in 2008 under the assumption he would end the criminal investigation into the Oakhill matter. He also received improper benefits, including cash, according to prosecutors.

Special prosecutors from the attorney general's office now have 45 days to decide if they will appeal the decision to overturn the conviction to the Ohio Supreme Court. 

  • More From wfmj.comHot ClicksMore>>

  • School shooting may not bring change to gun-loving Texas

    School shooting may not bring change to gun-loving Texas

    Monday, May 21 2018 6:34 PM EDT2018-05-21 22:34:50 GMT
    (AP Photo/David J. Phillip). Santa Fe High School graduates bow their heads in prayer during a Baccalaureate service Sunday, May 20, 2018, in Santa Fe, Texas. A gunman opened fire inside Santa Fe High School Friday, May 18, 2018, killing multiple people.(AP Photo/David J. Phillip). Santa Fe High School graduates bow their heads in prayer during a Baccalaureate service Sunday, May 20, 2018, in Santa Fe, Texas. A gunman opened fire inside Santa Fe High School Friday, May 18, 2018, killing multiple people.
    Prosecutor tells seniors graduating from Texas high school where mass shooting occurred: 'You are entering into a war zone in this world, and it's a spiritual war zone'.More >>
    Prosecutor tells seniors graduating from Texas high school where mass shooting occurred: 'You are entering into a war zone in this world, and it's a spiritual war zone'.More >>
  • School shooting victims killed attempting to ward off gunman

    School shooting victims killed attempting to ward off gunman

    Monday, May 21 2018 6:34 PM EDT2018-05-21 22:34:31 GMT
    (AP Photo/Fareed Khan). Abdul Aziz Sheikh, center, father of Sabika Sheikh, a victim of a shooting at a Texas high school, shows a picture of his daughter in Karachi, Pakistan, Saturday, May 19, 2018. The Pakistani foreign exchange student is among tho...(AP Photo/Fareed Khan). Abdul Aziz Sheikh, center, father of Sabika Sheikh, a victim of a shooting at a Texas high school, shows a picture of his daughter in Karachi, Pakistan, Saturday, May 19, 2018. The Pakistani foreign exchange student is among tho...
    An outgoing and 'really funny' student who blocked the door to try to prevent the gunman from entering the classroom and an exchange student who aspired to work in civil service were among the 10 people killed at a...More >>
    An outgoing and 'really funny' student who blocked the door to try to prevent the gunman from entering the classroom and an exchange student who aspired to work in civil service were among the 10 people killed at a Texas high school.More >>
  • Toxic cloud caused by Hawaii volcano lava emerges over ocean

    Toxic cloud caused by Hawaii volcano lava emerges over ocean

    Monday, May 21 2018 6:34 PM EDT2018-05-21 22:34:23 GMT
    (U.S. Geological Survey via AP). In this image provided by the U.S. Geological Survey, lava from fissure 20 enters the ocean near Pahoa, Hawaii on Sunday, May 20, 2018. The volcano that is oozing, spewing and exploding on Hawaii's Big Island has gotten...(U.S. Geological Survey via AP). In this image provided by the U.S. Geological Survey, lava from fissure 20 enters the ocean near Pahoa, Hawaii on Sunday, May 20, 2018. The volcano that is oozing, spewing and exploding on Hawaii's Big Island has gotten...
    White plumes of acid and extremely fine shards of glass are billowing into the sky over Hawaii as molten rock from Kilauea volcano pours down a hillside and into the ocean.More >>
    White plumes of acid and extremely fine shards of glass are billowing into the sky over Hawaii as molten rock from Kilauea volcano pours down a hillside and into the ocean.More >>
  • More NewsMore>>

  • Trooper, passerby rescue miracle fawn born on I-76 in Jackson Twp.

    Trooper, passerby rescue miracle fawn born on I-76 in Jackson Twp.

    Monday, May 21 2018 6:26 PM EDT2018-05-21 22:26:14 GMT

    An Ohio State Highway Patrol Trooper from the Canfield Post says it was a birth story like no other. 

    More >>

    An Ohio State Highway Patrol Trooper from the Canfield Post says it was a birth story like no other. 

    More >>
  • Schiavoni says school safety needs to be priority for lawmakers

    Schiavoni says school safety needs to be priority for lawmakers

    Monday, May 21 2018 5:49 PM EDT2018-05-21 21:49:22 GMT
    Sen. Joe SchiavoniSen. Joe Schiavoni

    School safety needs to be a top priority for lawmakers according to State Senator Joe Schiavoni.  Schiavoni is a democrat representing the 33rd Senate District. His statement to 21 News comes on the heels of last week's deadly school shooting in Texas. Senator Schiavoni says he doesn't know how many times our nation has to see the disturbing images of children running from a school building before we pass legislation providing funding to help make schools safer. "I am as ...

    More >>

    School safety needs to be a top priority for lawmakers according to State Senator Joe Schiavoni.  Schiavoni is a democrat representing the 33rd Senate District. His statement to 21 News comes on the heels of last week's deadly school shooting in Texas. Senator Schiavoni says he doesn't know how many times our nation has to see the disturbing images of children running from a school building before we pass legislation providing funding to help make schools safer. "I am as ...

    More >>
  • Gas prices inch up ahead of Memorial Day weekend

    Gas prices inch up ahead of Memorial Day weekend

    Monday, May 21 2018 4:38 PM EDT2018-05-21 20:38:35 GMT
    Have you noticed higher prices at the pump? AAA reports a gallon of gas costs about 50 cents more than it did this time last year. "I think they're way too high," Mike Mazzella said, of Brookfield.  While some local drivers are already frustrated they're paying more, others believe the valley is still better off than other parts of the country. "We've actually done good in this area, because some places, man, the gas is so high," John Krause said, of Lordst...More >>
    Have you noticed higher prices at the pump? AAA reports a gallon of gas costs about 50 cents more than it did this time last year. "I think they're way too high," Mike Mazzella said, of Brookfield.  While some local drivers are already frustrated they're paying more, others believe the valley is still better off than other parts of the country. "We've actually done good in this area, because some places, man, the gas is so high," John Krause said, of Lordst...More >>
Powered by Frankly
All content © Copyright 2000 - 2018 WFMJ. All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms