AKRON -- Late Monday, attorneys for Jimmy Dimora filed a motion in federal court, asking for a two-day delay in the trial, to have it resume on Thursday Feb. 23 instead of Tuesday Feb. 21.
As of early Monday evening, there was no response from the prosecution evident on the court's official website.
Attorney Bill Whitaker said the reason for the request was that the court and federal prosecutors for more than a year had long said the trial would last three months.
Relying on that, defense attorneys said the government also indicated that it would rest its case on Feb. 27.
Whitaker said the defense had subpoenaed witnesses to begin appearing on Feb. 27.
Then, on Feb. 16, prosecutors told defense attorneys that they intended to rest their case Feb. 21 -- resting their case six days earlier than they previously indicated.
Whitaker said he has been unable to contact some of the defense witnesses, some are now out of town, others could not appear until Feb. 27.
Jurors seated for the trial have been off since the end of court on Thursday Feb. 16, and are scheduled to return to the courthouse at 8:30 a.m. Tuesday.
Once the prosecution rests, the defense was supposed to begin immediately. Defense attorneys said they had been planning for a three-month trial. But when federal prosecutors ended their case after six weeks, they were unprepared to bring their potential witnesses to court in time to testify.
"...the drastic difference in the time previously indicated has created enormous problems in gathering and organizing the defense case..." Whitaker's motion reads.
U.S. District Judge Sara Lioi could not be contacted because of today's federal holiday.