Feds don't oppose Dimora request to postpone 'Dimora II' trial

12:22 PM, May 2, 2012   |    comments
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 PDF Document: Dimora motion to postpone  PDF Document: Government letter

AKRON -- Just before noon Wednesday, attorneys for convicted former Cuyahoga County Commissioner Jimmy Dimora asked U.S. District Judge Sara Lioi to indefinitely postpone the start date for his second trial, currently scheduled to start Oct. 17.

In an April 25 letter to Dimora's attorneys, prosecutors say they won't oppose the motion and had indicated in previous pleadings that they may be dismissing all the charges against Dimora that he would be standing trial for in October.

In part, the letter reads "...we are in the process of obtaining the necessary approvals to file a motion to dismiss..."

Read the motion and the government's letter in the related links

Dimora, 56, of Independence, was convicted March 9 on 33 of 34 charges, including bribery conspiracy and racketeering. He has been in federal custody since that day at the Northeast Ohio Correctional Center in Youngstown.

His sentencing is scheduled for July 25.

The second trial, which Lioi refers to as "Dimora II," has former Doan Pyramid Electric president Michael Forlani, of Gates Mills, as a co-defendant, charged with bribery and conspiracy.

In asking for the indefinite postponement of Dimora II, Dimora's attorneys wrote "The Government has noted in various pleadings that it will be seeking permission to dismiss the charges filed against Mr. Dimora in (Dimora II)."

In response to a previous motion filed by Dimora, his attorneys quoted prosecutors as saying "...and the concern expressed about exerting resources preparing for a trial that the Government does not intend to pursue, the Government sent a letter on April 25, 2012 in which the Government, recognizing the inherent unfairness of requiring Mr. Dimora to spend time, energy and resources for a case it is actively seeking to dismiss, informed counsel for Mr. Dimora that it would not oppose a motion to continue the trial in this case...for an indefinite time period spanning the period between April 20, 2012 and the unknown date the Government notifies Mr. Dimora as to whether it will move..." to dismiss the charges.


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