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Dimora objects to most exhibits court can release

7:46 PM, Mar 30, 2012   |    comments
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AKRON -- Early Friday evening, attorneys for Jimmy Dimora filed his objections to the release of trial exhibits. He has objected to more than half of the exhibits that are under consideration for release.

U.S. District Judge Sara Lioi has not ruled on his objections.

Former Cuyahoga County Commissioner Jimmy Dimora, 56, of Independence, was convicted on 33 of 34 counts including conspiracy, bribery and racketeering on March 9.

He was taken immediately to the Northeast Ohio Correctional Center in Youngstown.

He is scheduled for sentencing July 25 and is also scheduled for a second trial on similar charges starting Oct. 17.

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Dimora does not want the following released:

  • Photographs of the inside and outside of his home in Independence

He says these exhibits are all photographs of his home and outdoor areas and depict areas of improvements done to the home. These photographs were heavily used during the course of the trial in the present case and as the second case, identified as Dimora II; Case No. 1:11CR491, will involve allegations of home improvements, the immediate release of these photographs raises a very real risk that the photographs will receive widespread attention and be used in a manner that may undermine Mr. Dimora's due process rights to a fair trial.

His response reads, in part: "Dimora believes that these exhibits implicate the same concerns as the exhibits that this Court has sought to protect until the completion of Case No. 1:11CR491....In addition to protecting an individual's vested interest in receiving due process, this Court also noted the serious danger that exists in tainting the jury pool for the upcoming trial in Case No. 1:11CR491."

"The degree of media coverage in this case has been well documented and a release of these photographs will result in their availability to those within the possible jury pool for the next trial. The widespread availability of these photographs to the public will make it exceedingly difficult, if not impossible, to ensure that Mr. Dimora may be tried by a fair and unbiased jury of his peers in the following trial. Therefore, a release of these photographs before the completion of the trial in Case No. 1:11CR491 will result in exactly what the court seeks to prevent."

  • Photographs and surveillance regarding Las Vegas.

He objects to photographs from Las Vegas used by the Government during the course of trial in the present case. "These photographs also present the dangerous possibility of tainting the jury pool in the pending trial in Case No. 1:11CR491."

"Specifically, the salacious nature of these photographs will be exploited by the media. Representation will prevent Mr. Dimora from obtaining a fair trial by an unbiased jury."

"An example of the danger that these photographs pose is exemplified by exhibit 400-II-1 which depicts Suzzanne Michaels driver's license photograph. Initially, this photograph directly implicates the privacy concerns of a third party which this Court sought to protect in the March 22, 2012."

"Additionally, the release of this photograph will serve only to bias any future jury members in Case No. 1:11CR491 as Michaels was accused of being a prostitute during the course of trial in the current matter and the release of her picture carries the serious risk that it will be exploited in a salacious manner."

"The Las Vegas trip has already become a focus for negative media comment and salacious exploitation. The release of these select photographs carries the risk of additional salacious exploitation and widespread coverage of that exploitation."

  • Financial account information

He objects that these exhibits reflect financial records presented during the course of trial in the current case. As this Court has noted the subject of the trial in Case No. 1:11CR491 will be substantially similar to the issues presented in the trial of the current case. As the Government used these financial records in an inculpatory fashion for the charges in this case, it is likely that they will attempt to use these records for the same purpose in Case No. 1:11CR491."

"If Mr. Dimora is to receive a fair trial by an unbiased jury in Case No. 1:11CR491, these financial records should not be disclosed as they will be reported by news sources that directly reach the jury pool for the pending trial. A release of these records will have the effect of tainting the prospective jury pool by allowing access to pertinent evidence that will be at issue in Case: 1:10-cr-00387-SL"

"If any potential jurors are to consider Mr. Dimora's guilt or innocence in Case No. 1:11CR491, they should not be able to read about the particulars of financial documents used in a substantially similar prosecution."

  • Attachment to search warrant

Dimora objects to the disclosure of exhibit 1836 which is the attachment to the search warrant of Mr. Dimora's office. This document is not subject to public disclosure. Additionally, this document involves many of the people that will likely be the subject of the trial in Case No. 1:11CR491. It also involves the names of many people not charged with or accused of criminal activity and, thus, raises the risk of harm to innocent third parties."

WKYC-TV

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