AKRON -- In separate filings late Monday, Jimmy Dimora asks for acquittal on his previous trial and a new trial.
Dimora, 56, of Independence, was found guilty on 33 of 34 counts on March 9 and taken immediately into federal custody. The counts include bribery, racketeering and conspiracy.
He is scheduled to be sentenced July 25 and is also scheduled to stand trial again starting Oct. 17 with co-defendant Michael Forlani, of Gates Mills, the former president of Doan Pyramid Electric.
The first filing states "...Dimora moves for acquittal on Counts 1-29 and 34-37 on the basis that the evidence was insufficient to sustain a conviction on one or more of the essential elements of each respective offense."
"In addition, Mr. Dimora hereby renews all arguments made in support of his Motion for Judgment of Acquittal pursuant to Rule 29 made after the Government rested and in support of his Motion for Judgment of Acquittal made at the close of the evidence and adopts and incorporates by reference the arguments set forth in his (other) motion for a new trial and his pretrial motions..."
In his request for a new trial, Dimora said he believes that "...these arguments include that many of the alleged acts undertaken by Mr. Dimora were not official acts and were not taken as part of his official duties. For example, conduct alleged in Counts 26 and 27 as it relates to Charles Randazzo and Count 9 as it relates to Gina Coppers."
"In fact, the weight of the evidence demonstrates that Mr. Dimora often acted contrary to the interests of the charged co-conspirators when performing official acts or engaging in acts as part of his official duties."
U.S. Attorneys can respond to both motions before U.S. District Judge Sara Lioi rules on his two requests.