AKRON -- Not unexpectedly, federal prosecutors told U.S. District Judge Sara Lioi in a filing Wednesday morning that she should deny convicted former Cuyahoga County Commissioner Jimmy Dimora's latest release request that cited new medical reasons.
They also said they would agree to an earlier sentencing date than July for Dimora so that he could immediately receive medical treatment at a federal prison medical center.
Lioi is expected to rule within a few days.
"...expediting the presently scheduled July 25, 2012 sentencing date, so that Defendant could be transferred to a Bureau of Prisons Medical Center where he could receive treatment for his medical conditions," the response suggests.
Prosecutors were responding to Dimora's latest release request because of a mass found in the back of his throat while he was hospitalized for three days following a May 4 fall at the Northeast Ohio Correctional Center in Youngstown.
Doctors at St. Elizabeth's in Youngstown found a mass in Dimora's throat that needs further medical examination to see if it is cancerous or not, his attorneys said.
Related story: Dimora wants release after prison fall sends him to hospital
Dimora, 56, of Independence, has been at NOCC since he was found guilty March 9 on 33 of 34 counts, including bribery, conspiracy and racketeering.
Dimora's attorneys cited the cost to the BOP for his medical treatment if he remained in prison until his July 25 sentencing, saying that Dimora's own personal medical insurance would pay for any treatment and save the BOP money.
To that, prosecutors responded, "If the costs of medical treatment during incarceration were an appropriate factor, then wealthy defendants could buy the keys to the cell block by purchasing medical insurance, while the poor would remain incarcerated."
The response also stated, "Dimora's motion is laden with maybes, possibilities, and unsupported conclusions, not diagnoses, treatment plans and prognoses."
Dimora's attorneys previously said Dimora had an aneurysm and "further treatment may be extensive depending on the results."
Referring to the mass in his throat, "Care for the mass is required immediately in the event that the mass in cancerous."
To which prosecutors argued in their response that the aneurysm test results were not included in Dimora's motion and neither were results on the mass.
Prosecutors said Lioi has twice ruled that Dimora failed to overcome the presumption of detention following his convictions.
Dimora filed a notice of appeal on May 7, challenging Lioi's bond ruling.
The U.S. District Court of Appeals for the Sixth Circuit just issued the expedited briefing schedule. Dimora's brief is due on May 29, the prosecutor's response is due June 12, and Dimora's reply brief will be due 17 days after prosecutors file.
On May 18, 2012, before Dimora filed his brief in the Sixth Circuit, he filed a renewed motion for release from detention in this Court.
To which prosecutors replied, "He is re-petitioning this Court and appealing this Court's prior rulings. Dimora's latest attempt to gain release from incarceration raises two claims, neither of which warrants his release. First, he contends that his new health issues are so severe that they will prevent his flight, and second, he argues that he would save the government money by receiving treatment through a private institution. Neither of these arguments overcomes the presumption of detention."
Prosecutors cited a possible flight risk if Dimora was released.
"Dimora's latest motion failed to identify any new medical condition that would physically prohibit his flight. Dimora's Motion is laden with maybes, possibilities, and unsupported conclusions, not diagnoses, treatment plans and prognoses," they wrote.
At this juncture, Dimora has not provided a definitive diagnosis or a treatment plan. Without this critical information, the Court cannot make determinations essential to a risk of flight analysis, such as Defendant's mobility, and the availability of quality treatment outside the United States."
"Dimora failed to meet his burden of demonstrating that he is not a risk of flight, and therefore, his renewed motion for bond should be denied. Trial evidence revealed that even persons suffering from severe illnesses can muster the strength to travel."