New trial called for in corruption probe amid questions about Frank Russo's mental health and drugs

CLEVELAND - Attorneys for former Cuyahoga County Judge Bridget McCafferty are seeking a new trial after learning former auditor Frank Russo was seeking psychiatric counseling and prescribed anxiety medication that may have affected his testimony during McCafferty's corruption trial.

Last March, a federal jury found McCafferty guilty of lying to FBI agents about whether she spoke with Russo about cases in her court and whether Russo attempted to influence the outcome of those cases.

She's expected to be sentenced next week, but her defense attorneys filed a motion for a new trial claiming they were not informed that Russo had agreed to seek psychiatric counseling just days before he was scheduled to testify in McCafferty's corruption trial.

Her lawyers it is key information they should have been made aware of before the trial began so they could have questioned Russo directly during their client's trial.

During an evidentiary hearing before U.S. District Judge Sara Lioi Monday, defense attorney Michael Murray quoted from reports filed by a pre-trial services representative assigned to Russo's case last year after Russo agreed to plea guilty to corruption charges.

Those reports indicated that Russo agreed to seek psychiatric counseling on March 14 -- just eight days before he testified against McCafferty as part of a plea agreement.

Russo also admitted that he "occasionally took anxiety medication."

But Russo denied that taking medication interferedwith his mental faculties, ability to tell the truth or understand what what was going on around him when asked by federal prosecutors if his ability to testify was in any way diminished.

Judge Lioi is expected to issue a written ruling on the request for a new trial by the end of the week.