Jimmy Dimora's defense attorneys ask judge to halt trial for two days

AKRON, Ohio - Defense attorneys for former county commissioner Jimmy Dimora late Monday afternoon requested a two-day recess in the trial, claiming federal prosecutors are resting their case 12 days earlier than they planned on doing.

"The short notice given by the Government that they would rest twelve days earlier than stated has caused scheduling conflicts with potential witnesses that hinders Mr. Dimora's constitutional right to present a case in his defense," attorneys for Dimora argued in a motion for recess made to U.S. District Court Judge Sara Lioi.

The motion, filed by William Whitaker on behalf of the defense team, said federal prosecutors originally represented that their case would not be completed until February 27 or 28. Their motion stated that over the weekend of February 11, the government told all parties they would finish their case on Thursday, February 16.

According to the defense motion, it was also not until Saturday, February 11 that prosecutors announced a major witness would testify on Tuesday, February 14. The motion said that witness, who turned out to be Frank Russo, then testified for two full days.

Dimora's motion said they have subpoenaed "many witnesses" including some to appear a week from Monday on February 27.

The motion said Dimora recognizes litigation is "fluid" but that "...the drastic difference in time previously indicated has created enormous problems in gathering and organizing the defense case."

If not given time to do so, Dimora's "ability to present a defense will be greatly prejudiced," the motion said.

"I can't leave a jury sitting out there while we're doing these types of motions," Judge Lioi told all of the attorneys last Friday afternoon as they battled over procedural matters. Dimora defense attorneys objected to a couple hundred pieces of prosecution evidence but were unsuccessful in getting Lioi to throw them out.

As of 11 p.m. Monday evening, no updates were provided to the court's electronic filing system showing Lioi has ruled on the defense request for a delay. Testimony is scheduled to resume Tuesday morning at 8:30 a.m. when the prosecution is expected to rest its case and the defense should begin presentation of their case.

Dimora and co-defendant Michael Gabor have maintained their innocence of all federal charges.

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