Dimora defense battles to exclude more than 100 photos, evidence exhibits in county corruption trial

Prostitute, poolside photos challenged

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Bill Whitaker, Dimora defense attorney. Sketch by Brian Shellito.
Copyright 2012 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Sketches of the Cuyahoga County corruption trial in Akron on Jan. 12, 2012. (Sketch: Brian Shellito)
Copyright 2012 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

6am: Dimora to head to back to court


Photographer: WEWS
Copyright 2012 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Jimmy Dimora to court 1-23-12

Copyright 2012 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Dimora on trial

Copyright 2011 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Posted: 02/17/2012

AKRON, Ohio - It is often said a picture is worth a thousand words. Defense attorneys for Jimmy Dimora on Friday afternoon worked hard to minimize the conversation by objecting to more than 100 prosecution pictures and other exhibits introduced as evidence in the county corruption trial.

Dimora defense attorney Bill Whitaker told U.S. District Court Judge Sara Lioi he objected to between 20 and 30 percent of the exhibits federal prosecutors showed jurors over the first five weeks of the trial. Whitaker objected one-after-another to more than 100 evidence exhibits in an effort to minimize the amount and impact of the government’s evidence in the eyes of jurors, who will soon decide Dimora’s fate.

Whitaker objected to a variety of prosecution exhibits ranging from the driver’s license of a woman previously identified as a Las Vegas prostitute to a weather history report documenting an “Indian summer day.” Judge Lioi admitted both items as evidence, but the mere objections themselves illustrated the importance attorneys on both sides of the case place on each piece of evidence in the trial.

The detail of the objections narrowed down to the language and design of buckets on a prosecution exhibit of “buckets” of funding the Alternatives Agency received from county sources. “I object to the summary with the buckets in it,” Whitaker said.

After discussion, attorneys from both sides agreed to change the name “buckets” to “sources.” Whitaker then noted concerns about the shape of the objects as “deep buckets” but Lioi admitted the graphic in its modified form and said she would appropriately instruct the jury on the graphic.

Whitaker worked to strike transcripts of calls between Dimora and Gina Meuti-Coppers, who prosecutors said had sex with Dimora in exchange for him getting her a full-time job with benefits at Bedford Municipal Court.

“There is no evidence Mr. Dimora performed any official act on behalf of Mrs. Coppers” and the transcripts of the calls are hearsay, Whitaker argued.

Prosecutors argued that the calls established a conspiracy where Coppers was asking Dimora for a job “on the terms, conditions and salary she wanted.” Prosecutors said testimony showed Dimora’s control over the city of Bedford by controlling grants and that he had official influence over public acts in the city.

Whitaker objected to photographs of Dimora, Gabor and members of their “A-Team” at the topless Bare Pool at The Mirage Hotel in Las Vegas, pictures of the group sitting poolside at Dimora’s house, and photos of Dimora associates described by Whitaker as looking like “a bunch of mug shots.”

“The fact that they look like a bunch of mug shots is prejudicial,” Whitaker told Lioi. Lioi admitted the photographs after federal prosecutors told the judge the photographs in question were photos from drivers’ licenses, not mug shots.

“Finding that they were each identified will frankly assist the jury in keeping individuals straight,” Lioi stated as she admitted the photographs.

Whitaker also challenged the admission of a wide, distant outdoor photograph of The Mirage Hotel in Las Vegas.

“For one who has never been to Las Vegas, it was very informative to me because I can’t even conjure up images of buildings like that,” Lioi said in admitting the photograph into evidence against Whitaker’s objection.

Whitaker objected to a number of exhibits based upon his belief they were prejudicial, repetitive, inflammatory or had no probative value. Judge Lioi admitted the bulk of exhibits into evidence against Whitaker’s objections.

Whitaker also objected to all transcripts of wiretap calls, saying they were repetitive.

“The court finds the transcripts are an aide to the jury…and will clearly instruct the jurors that the transcripts are not evidence. The evidence comes from the audio and not the transcripts,” Lioi said in ruling that the transcripts would be admitted into evidence.

Leif Christman, defense attorney for Dimora co-defendant Michael Gabor, objected to one word on a government timeline of alleged activities by Dimora and Gabor. Christman told the judge the word “coded” in one timeline box, which the judge ordered eliminated but admitted the remainder of the chart.

The tedious nature of the process began to wear on some in the courtroom as the afternoon break approached around 3:30 p.m. 

“I’m not sure what is so funny,” attorney Whitaker said as prosecutors Antoinette Bacon and Nancy Kelley were giggling at their table while Whitaker was presenting his objections.

“Counsel, please let’s keep this professional,” Judge Lioi quickly warned the attorneys.

Moments later, Lioi warned the attorneys they might find themselves in court over the holiday weekend if the process did not move forward at a steady pace for the remainder of the day.

“I can’t leave a jury sitting out there while we’re doing these types of motions,” Lioi said, referring to the scheduled return of the jurors next Tuesday morning.

Following the break, the tension lightened briefly

when Leif Christman, attorney for defendant Michael Gabor, made a comment after a prosecutor mentioned Gabor's name in response to one objection in the lengthy series by Whitaker. 

“It’s nice to know you’re still participating, Mr. Christman," Judge Lioi joked, alluding to the dominance of Dimora's attorney Bill Whitaker in the afternoon proceedings.

Defense attorneys for Dimora and Gabor argued count-by-count for a "Rule 29" acquittal judgment based on insufficient evidence to sustain a conviction. Judge Lioi denied the defense motions on the dozens of counts raised, with the exception of a few counts for which the judge will issue a later ruling, and adjourned court around 6:00 p.m.

The trial is scheduled to resume next Tuesday when the defense is expected to take the helm to present their case.

Dimora and Gabor have maintained their innocence of all federal charges.

Continue to follow newsnet5.com and NewsChannel5 for ongoing trial developments.

Copyright 2012 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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