Dimora wants full hearing on why he should be freed

12:22 PM, Mar 29, 2012   |    comments
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AKRON -- Thursday morning, former Cuyahoga County Commissioner Jimmy Dimora responded to federal prosecutors who have told U.S. District Judge Sara Lioi that she should not grant Dimora's request to be freed from prison until his July 25 sentencing and through his next trial scheduled to start Oct. 17.

Dimora, 56, who has been in the Northeast Ohio Correctional Center in Youngstown since his March 9 conviction, wants Lioi to set a hearing "...to establish by clear and convincing evidence that he meets the conditions for release...and does not present a danger to any person or the community and is not likely to flee..."

Related: "Feds answer Dimora request to be freed with "No"

Read Dimora's response by clicking on the Dimora's response link

Dimora's attorneys Bill and Andrea Whitaker refuted prosecutors' claims that "...Dimora's alleged contacts with judges, including former Judge Bridget McCafferty, have a direct bearing on the factors..." under which he could be freed.

The Whitakers said Dimora showed up on time every day for trial, no longer has a financial interest in his Independence home "...and  it is the focal point of Mr. Dimora's immediate family and further evidence of his life-long ties to Northeast Ohio. The home will remain in his family during the period while Mr. Dimora awaits sentencing and trial..."

Dimora and former Gates Mills businessman Michael Forlani are scheduled for trial on corruption and racketeering charges starting Oct. 17.

The motion continues "...Mr. Dimora and his wife have been married for many years and together since high school. Mr. and Mrs. Dimora also have three children, all of whom reside in the Northern District of Ohio (the government's claim that one child resides out of the state of Ohio is inaccurate). Two of Mr. Dimora's children currently live in the family's residence while the other resides only minutes away in Cleveland."

The Whitakers also stressed that Dimora's "..elderly mother, his sisters and his in-laws. These ties to Northeast Ohio all weigh in support of the contention that Mr. Dimora will not flee upon release pending sentencing in this matter. The government also fails to acknowledge Mr. Dimora has an extensive network of friends and family located in the immediate area who were not charged with the commission of any crimes..."

"...Dimora has every incentive to continuing to comply with any standards set for a release pending sentencing and his second trial as his behavior will have a direct impact on his future...."

"Mr. Dimora's family would be willing to put up the remainder of their equity in the Dimora residence as well as any other assets for Mr. Dimora's release. This demonstrates that the family does possess an incentive and motivation to ensure that Mr. Dimora will appear to all future court dates. The use of the Dimora residence as collateral also indicates that, despite the government's arguments, the Dimora family is dedicated to ensuring that Mr. Dimora adheres to orders and direction of this Court."

One of prosecutors' queries in their motion to deny him release was that his attorneys cited a medical condition but the feds said they were unaware of any medical condition that Dimora had.

Bil Whitaker responded Thursday that his medical conditions would be addressed at a full hearing and he asked to file a list of those conditions with the court under seal in advance.

"...These medical conditions would impede Mr. Dimora from living the type of lifestyle necessary to an individual fleeing the governemnt.."

The Whitakers also requested electronic monitoring while Dimora is free would be more economical "...For example, one estimate places the cost of electronic monitoring to be between $5 and $25 per day, compared with $50 per day average cost of incarceration."

"The active form of monitoring makes certain that Mr. Dimora's whereabouts would be accounted for at all times and parties would be notified immediately of any attempt to abscond monitoring. The use of such a system would allow Mr. Dimora to actively participate in the preparation of his defense for the pending trial..."


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