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Dimora appeals denial of release to higher court

4:29 PM, May 7, 2012   |    comments
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AKRON -- Monday afternoon, former Cuyahoga County Commissioner Jimmy Dimora filed notice that he is appealing the judge's denial of his request for release from prison.

Read appeal to higher court in related links.

Through his attorneys Bill and Andrea Whittaker, Dimora appealed to the U.S. Court of Appeals for the Sixth Circuit in Cincinnati.

Dimora has been in federal prison at the Northeast Ohio Correctional Center in Youngstown since he was convicted on 33 of 34 counts on March 9.

On March 20, he asked U.S. District Judge Sara Lioi to be released prior to his July 25 sentencing and his still-scheduled second trial set to begin Oct. 17. (Prosecutors have said they are just waiting for all of the approvals from higher-ups to dismiss the charges that would be tried inthat Oct. 17 trial.)

Related article: Jimmy Dimora asks to be freed before sentencing

Dimora, 56, of Independence, filed for release from federal custody and a new trial just weeks after his conviction. He even asked for a hearing on the subject of his release and filed medical considerations under file with the court.

In an April 23 opinion and order, Lioi denied him a new trial and also denied his release from custody.

In part, the opinion concluded that "...The Court cannot find that defendant Dimora has established by clear and convincing evidence that he does not pose a flight risk. Dimora is facing considerable time in prison, he has divested himself of two of his most valuable assets -- his interest in his house and his retirement account -- and he is facing the prospect of a drastic change in lifestyle in the form of incarceration for a potentially lengthy period of time."

"Based on all of these factors, and after weighing the evidence submitted by Dimora in support of release, the Court must conclude that he poses a significant risk of flight, and denial of his motion is appropriate."

Read Lioi's original opinion and order in related links

 

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