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Feds want judge to deny Dimora hearing on release

1:27 PM, Apr 10, 2012   |    comments
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AKRON -- Federal prosecutors want U.S. District Court Judge Sara Lioi to deny convicted former Cuyahoga County Commissioner Jimmy Dimora's request for a hearing on his motion to be released from federal custody until his July 25 sentencing.

Dimora's attorneys said they wanted a hearing because of medical factors regarding Jimmy Dimora's continued stay in a federal correctional center in Youngstown.

Dimora, 56, of Independence, was immediately taken into custody March 9 after being convicted on 33 of 34 charges against him.

In a response filed Tuesday afternoon, prosecutors said that "none of the factors cited by Defendant Dimora warrants a hearing. Medical Issues Defendant Dimora has failed to establish a need for this Court to hold a hearing on his medical issues. Defendant Dimora did not identify any new medical condition that was not disclosed in the initial pretrial services report in September 2010."

"...Most of the medical records provided date from 2003 to 2005. Clearly, none of those medical conditions prevented him from traveling to New Orleans with Kevin Kelley and others in 2003, taking a myriad of gambling trips to Detroit, Windsor, Niagara Falls, West Virginia, and Pennsylvania from 2003 through 2008, and attending the Las Vegas trip in April 2008. The most recent medical records are nearly two years old and reflect common, treatable conditions."

Dimora's attorneys filed his medical reports under seal but federal prosecutors disclosed some of the information in their response.

"One report from Dr. Flores dated June 11, 2010, contains a diagnosis of a condition which according to the Mayo Clinic's website, can be controlled by lifestyle changes to diet and exercise, including limiting salt, managing stress, and avoiding caffeine. The report indicates that Defendant Dimora began feeling symptoms in May 2010, shortly after Ferris Kleem and Joseph O'Malley pleaded guilty, and shortly before Dimora's own indictment, admittedly, a stressful time."

"According to the Mayo Clinic, the treatment for his condition is mostly lifestyle changes and common medications, which Defendant has not claimed that the Bureau of Prisons is incapable of providing. None of the treatment is so invasive that it requires Defendant's constant presence in this District, and none of the symptoms significantly impair a life activity."

"...release pending sentencing requires the utmost trust. Notably, the report from Dr. Goldstone dated July 19, 2006, contains Defendant's statement that he only consumes approximately 6 alcoholic beverages per week. This statement to his medical doctor is belied by the trial testimony and evidence that Defendant Dimora consumed so much alcohol, so frequently, that Defendant Gabor served as his driver. A Defendant who misleads his treating physician may not hesitate to mislead this Court."

"...many of the medical conditions appear to be common, readily treatable, and did nothing to prevent Defendant from traveling around the country and traveling from Independence to Akron, every day, in the winter, for trial. Indeed, during the course of the two-month trial, Defendant Dimora never requested a recess to address any medical issue. Nothing presented in Defendant's reply justifies further hearing."

Regarding electronic monitoring if released, "...The Court knew that electronic monitoring was an option for Defendant Dimora during the bond revocation hearing. The Court rejected that possibility. The statistics and statements in Defendant's Reply related to electronic monitoring do not support revisiting the Court's decision."

WKYC-TV

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