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Feds file motion to dismiss Dimora from second trial

5:36 PM, May 18, 2012   |    comments
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AKRON -- Late Friday afternoon, federal prosecutors asked the court to dismiss all of the charges pending against former Cuyahoga County Commissioner Jimmy Dimora in his second trial scheduled to begin Oct. 17.

The court has not ruled yet on the motion.

In asking for the dismissal, federal prosecutors said they are "...mindful of the expenses that all parties, the court, victims and attorneys will expend..."

They said any conviction on any of the four counts he is facing in that trial would likely not result in any further prison time.

"...the sentences applicable in Dimora II, if convicted, are shorter than the ones applicable already in Dimora I.." and as far as forfeitures, there is nothing left for the government to seize as far as assets, as they are already gone from the first conviction.

"The Government believes the equities tip in favor of dismissing Defendant Dimora from the Dimora 2 indictment...."

The prosecutors are mindful that "...witnesses must expend for a second trial, and believes that preserving resources should be a factor in considering whether the interests of justice warrant dismissing Dimora from Dimora 2. .."

Federal prosecutors would still have an Oct. 17 trial for the bribery and conspiracy charges against former Doan Pyramid Electric president Michael Forlani, of Gates Mills.

"The Dimora 1 trial began in early January and concluded on March 9, 2012, with the jury returning guilty verdict on all, but one scheme...." prosecutors said.

"On March 22, 2012, the Court issued a Trial Order in Dimora 2, scheduling an October 17, 2012 trial date. When balancing the resources required to litigate Dimora 2 with the interests of justice in securing appropriate punishment for the crimes and obtaining restitution for the victim(s), the Government believes the equities tip in favor of dismissing Defendant Dimora from the Dimora 2 indictment...." prosecutors said.

WKYC-TV

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