Judge denies Jimmy Dimora's 2nd request for release

6:07 PM, May 25, 2012   |    comments
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AKRON -- U.S. District Judge Sara Lioi has denied former Cuyahoga County Commissioner Jimmy Dimora' s latest motion seeking to be released from prison until sentencing in order to receive medical treatment.

Dimora's attorneys filed a new motion on May 18, asking the court to reconsider an April 23 decision in which it also denied his release from prison.

The May 18 motion cited new medical concerns for its basis, including a mass found in Dimora's neck and an aneurysm.

Both medical problems were discovered after Dimora fell at the Northeast Ohio Correctional Center in Youngstown on May 4. He has been held there since his conviction in March.

In turning down Dimora's latest request, Lioi cited the fact that Dimora has appealed the original April 23 denial of release. The case is still pending with the District Court of Appeals.  In her ruling, Lioi writes in part, that such an "appeal divests the district court of jurisdiction to reconsider its judgment until the case is remanded by the Court of Appeals."

Federal prosecutors have repeatedly opposed Dimora's release but have offered to move up the July sentencing date in order for him to be able to receive medical treatment sooner.

In a separate ruling Friday, Judge Lioi also determined that Dimora will not face a second trial later this year and granted a motion to dismiss all charges against him in the so-called Dimora II case.

The trial case against Dimora's co-defendant,  former Doan Pyramid Electric president Michael Forlani, of Gates Mills, will proceed on all charges.


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