Post by Shuftin on Jul 27, 2006 23:05:17 GMT -5
Judge Dismisses Assault Charges Against Man Held In Jail For Over A Year After Gross Misconduct By Youngstown Ohio Police And Mahoning County Prosecutors Paul J. Gains, Dennis Sarisky, Michael Villani, and Marty Desmond
2006-07-22
YOUNGSTOWN, OHIO — A Mahoning County Common Pleas judge has dismissed charges against a Youngstown man who's been in jail more than a year charged with shooting a bar patron in the stomach.
In a judgment entry filed this week, Judge James C. Evans said he found the state's actions — failure to turn over evidence despite numerous requests by the defense — inexcusable. He ordered that Shawn Woodall, 27, of West Chalmers Avenue, be released from jail.
Mahoning County Prosecutor Paul J. Gains said Friday that the judge's sanction, dismissal of the charges, was too severe, and he will appeal. Gains acknowledged that a letter requesting discovery or evidence police had in the case wasn't sent to detectives until May (two months ago) but said police know to turn over evidence without being asked.
"We can't turn over what we don't have," Gains said. "We shouldn't have to request it."
The prosecutor said records show that Woodall's attorney, Lynn A. Maro, received some evidence such as police reports.
Requests
Judge Evans, in his judgment entry, pointed out that Maro requested crime scene photos, criminal records of the defendant and witnesses, list of bar employees, the bullet fragment taken from the victim and more in August 2005 and then asked for sanctions two months ago because she hadn't received it all.
The judge said a review of testimony given by Detective Sgt. Ron Rodway at a recent hearing revealed a lack of communication between the detective and the three assistant prosecutors who had taken turns being assigned to the case. The three prosecutors also didn't communicate among themselves or with Maro, the judge said.
Gains said he only recalls two assistants being assigned to the case — Dennis Sarisky and Michael Villani. Court records also list Marty Desmond as an assistant prosecutor assigned to the case at one time.
Judge Evans said he allowed prosecutors sufficient time to comply with his orders to turn over evidence, and they didn't.
Rodway said Friday that dismissal of the charges is unfortunate. "We had a decent case," he said.
Woodall was charged with felonious assault with a firearm specification. He was accused in the June 12, 2005, shooting of Robert Gonzales at Cyrak's West, a Steel Street bar.
Gonzales, of East Florida Avenue, then 25, was hit in the stomach and listed in critical condition for several days.
Still in jail
Woodall, meanwhile, was still in jail Friday afternoon.
Records show Woodall was convicted in a federal crack cocaine conspiracy case in the late 1990s and sentenced to 92 months in prison. He was released in January 2005 and placed on four years' supervised release. When arrested in June 2005, Woodall's federal probation officer placed a hold on him based on the new charges.
It wasn't immediately clear when the federal hold would be lifted.
2006-07-22
YOUNGSTOWN, OHIO — A Mahoning County Common Pleas judge has dismissed charges against a Youngstown man who's been in jail more than a year charged with shooting a bar patron in the stomach.
In a judgment entry filed this week, Judge James C. Evans said he found the state's actions — failure to turn over evidence despite numerous requests by the defense — inexcusable. He ordered that Shawn Woodall, 27, of West Chalmers Avenue, be released from jail.
Mahoning County Prosecutor Paul J. Gains said Friday that the judge's sanction, dismissal of the charges, was too severe, and he will appeal. Gains acknowledged that a letter requesting discovery or evidence police had in the case wasn't sent to detectives until May (two months ago) but said police know to turn over evidence without being asked.
"We can't turn over what we don't have," Gains said. "We shouldn't have to request it."
The prosecutor said records show that Woodall's attorney, Lynn A. Maro, received some evidence such as police reports.
Requests
Judge Evans, in his judgment entry, pointed out that Maro requested crime scene photos, criminal records of the defendant and witnesses, list of bar employees, the bullet fragment taken from the victim and more in August 2005 and then asked for sanctions two months ago because she hadn't received it all.
The judge said a review of testimony given by Detective Sgt. Ron Rodway at a recent hearing revealed a lack of communication between the detective and the three assistant prosecutors who had taken turns being assigned to the case. The three prosecutors also didn't communicate among themselves or with Maro, the judge said.
Gains said he only recalls two assistants being assigned to the case — Dennis Sarisky and Michael Villani. Court records also list Marty Desmond as an assistant prosecutor assigned to the case at one time.
Judge Evans said he allowed prosecutors sufficient time to comply with his orders to turn over evidence, and they didn't.
Rodway said Friday that dismissal of the charges is unfortunate. "We had a decent case," he said.
Woodall was charged with felonious assault with a firearm specification. He was accused in the June 12, 2005, shooting of Robert Gonzales at Cyrak's West, a Steel Street bar.
Gonzales, of East Florida Avenue, then 25, was hit in the stomach and listed in critical condition for several days.
Still in jail
Woodall, meanwhile, was still in jail Friday afternoon.
Records show Woodall was convicted in a federal crack cocaine conspiracy case in the late 1990s and sentenced to 92 months in prison. He was released in January 2005 and placed on four years' supervised release. When arrested in June 2005, Woodall's federal probation officer placed a hold on him based on the new charges.
It wasn't immediately clear when the federal hold would be lifted.