Government argues against Jimmy Dimora's release, says sentencing can be moved up

CLEVELAND - Jimmy Dimora must stay in prison before his sentencing date despite any medical conditions. That's what federal prosecutors have argued in response to the former commissioner's request for release due to health issues.

Dimora has argued his new health issues are so severe he cannot be considered a flight risk. His attorneys also argued releasing Dimora would save the government money by receiving health care through a private institution.

Federal prosecutors pointed out in the response filed Wednesday morning that quality health care can be found throughout the world, and they said they still consider the former political powerhouse a flight risk.

Prosecutors also said Dimora "was able to actively participate in a lengthy trial, which involved his daily travel from Cleveland to Akron and long days of trial and after-hours trial preparation."

The filing continued, "Dimora's motion is laden with maybes, possibilities, and unsupported conclusions, not diagnoses, treatment plans and prognoses."

Defense attorneys had said in their motion for release that Dimora had an aneurysm and "further treatment may be extensive depending on the results."

With regard to the lump in Dimora's throat, his release motion read, "Care for the mass is required immediately in the event that the mass in cancerous."

Prosecutors argued in their reply that the aneurysm test results were not included in Dimora's motion, and neither were results on the mass.

The government turned the tables on Dimora, with regard to the claim that release would save the public money.

Prosecutors said they had "no objection to the Court expediting the presently scheduled July 25, 2012 sentencing date, so that Defendant could be transferred to a Bureau of Prisons Medical Center where he could receive treatment for his medical conditions."

On March 9, a federal jury found Dimora guilty on 33 of 34 counts following a 37-day trial in the Cuyahoga County corruption investigation. He was convicted of accepting bribes of cash, sexual favors and home improvements.

Earlier this month, the government motioned to drop the charges against Dimora that would take him through another trial in October with codefendant Michael Forlani.

A judge has not yet ruled on that motion, and it's not clear when a ruling may come on Dimora's release request.

In an earlier, separate motion for his release, Dimora's attorneys argued his family and friends in Cuyahoga County would keep him in the region. In her ruling on that motion, U.S. District Court Judge Sara Lioi wrote Dimora's "apparent lack of concern for his family" was just one reason she considered him a flight risk.

The government's response filed Wednesday was signed by U.S. Attorney General Eric Holder, and Assistant U.S. Attorney Antoinette Bacon and others.