Judge again denies Dimora release pending his appeal ruling

1:08 PM, Oct 5, 2012   |    comments
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AKRON -- U.S. District Judge Sara Lioi has said no to former Cuyahoga County Commissioner Jimmy Dimora's request for release from prison pending the outcome of his appeal.

According to the Federal Bureau of Prisons, Dimora, 57, is still "in transit" between the Northeast Ohio Correctional Center outside Youngstown to the Butner Federal Correctional Complex near Raleigh-Durham, N.C.

On March 9, after a 37-day jury trial, the jury returned 37 guilty verdicts against Dimora relating to 33 of 34 counts in which he was charged. He was acquitted by the jury on one count.

On July 18, Lioi denied Dimora's motions for a new trial and for a judgment of acquittal.

On July 31, Lioi sentenced him to 336 months (28 years) in prison on the various charges for which he was convicted.

In her ruling Friday, Lioi also says that there was an ulterior motive by Dimora in this most recent release request.

In a ruling Friday afternoon, Lioi also said that, in this most recent request for release pending his appeal, "...While Dimora makes passing reference to a request for release pending appeal, the focus of this motion appears to be an attempt to place into the record the proposed exhibits that this Court refused to admit at the conclusion of the sentencing hearing."

Lioi added that "During the sentencing hearing, counsel for defendant Dimora made vague reference to a stack of documents on counsel table that counsel stated included copies of letters of reference that Dimora had written for various individuals during his tenure as a public official. With equal ambiguity, Defense counsel also referenced two additional documents during the sentencing hearing: the first document counsel referred to as the 'Blake Report,' and the second document counsel referred to as the 'Integrity Report.'"

"After the Court had concluded the sentencing hearing and announced its sentence, defense counsel moved to admit these documents as sentencing exhibits. The government objected, and the Court took the matter under advisement. The following day (August 1, 2012), the Court denied the request because the documents were never properly identified or authenticated."

Among other charges, Dimora was found guilty of RICO conspiracy, conspiracy to commit mail and wire fraud and honest services mail and wire fraud, Hobbs Act conspiracy and Hobbs Act extortion, bribery concerning programs receiving federal funds, tax fraud, obstruction of justice, and destruction of records.

Lioi had recommended in her sentencing that Dimora be housed at Butner's Medical Center for his physical problems.


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