UPDATED: Alleging prosecutorial misconduct, Cafaro defendants ask judge too dismiss charges
YOUNGSTOWN, Ohio - Defense attorneys for retired mall developer, Anthony Cafaro, Sr., his sister Flora Cafaro and three Cafaro owned properties are laying the groundwork for a hearing on July 11th in the Oakhill public corruption case. Anthony Cafaro vehemently denies the charges against him and is determined to clear his name.
On Friday, Cafaro's attorneys filed a 106-page document asking visiting Judge William H. Wolff, Jr. to dismiss the indictment due to prosecutorial misconduct and vindictiveness. Lawyers for the defendants are also requesting that the grand jury transcripts be released. They say the grand jury was tainted and that Mahoning County Prosecutor Paul Gains abused his power by working behind the scenes to allegedly control the grand jury investigation and secure a criminal indictment against all seven defendants because they all challenged him publicly.
Prosecutors allege Anthony Cafaro tried to influence public officials to block the move of Jobs and Family Services from a Cafaro owned property to the Oakhill Renaissance building. But some of those who opposed the move say they simply felt buying an old hospital with liens and back taxes was a money pit and not a good use of taxpayer dollars.
In July of 2010 the grand jury issued a 73-count indictment against seven people including the Cafaros, County Commissioner John McNally and County Auditor Michael Sciortino. The charges include bribery, perjury, conspiracy and money laundering.
But Cafaro's Attorneys contend it was Prosecutor Gains who abused his authority, allegedly concealing his Chief Assistant Prosecutor, Linnette Stratford's involvement as an investigator. They say Gains deliberately stored documents related to the investigation at a location other than his office and used non-public e-mail addresses, allegedly trying to avoid public records requests.
21 News even spotted Prosecutor Stratford at a recent Oakhill court hearing sitting with the Special Prosecutors on the case, even though her boss, Paul Gains, recused himself and his staff from the investigation, citing a clear conflict of interest.
Cafaro attorneys including John McCaffrey and Ralph Cascarilla of Cleveland, George Stamboulidis of New York, Martin Weinerg of Boston, and J. Alan Johnson and Cynthia Reed Eddy of Pittsburgh say, "it is a very real miscarriage of justice, and the only party who can expose the prosecutor's abuses and secure justice for the victims is this court."
The defense alleges Gains was angered that Anthony Cafaro had the backbone and the economic resources to challenge him publicly and throw support to Gains' political opponents. The Cafaro defense team, that also represents Cafaro's sister Flora and Cafaro properties, also believe Gains had a vendetta and used the full power of his public office to manufacture crimes where none existed.
For the first time, the lawsuit filed by the defense reveals that the alleged bribe of the public officials in the case was not cash, but reportedly free legal services related to a taxpayer lawsuit opposing the Oakhill purchase.
Prosecutor Gains say he can not comment on the filing, and that he is not investigating the case. Special Prosecutor Paul Nick, who is now the new Director of the Ohio Ethics Commission denies the allegations and says he will respond when it's appropriate in court.