Judge tells Jimmy Dimora's defense team to report back to court Wednesday morning

AKRON, Ohio - The federal judge in Jimmy Dimora's corruption trial has yet to formally rule on a motion by the defense asking for a delay in the trial, but it appears the trial will go on without delay as his attorneys scramble to line up witnesses.

Dimora's defense team had asked for a two-day delay in the trial, after prosecutors rested their case a week earlier than anticipated.

The appearance of a defense team that's behind-the-curve became more apparent through the content of a conference call released Tuesday evening. The call was between Judge Sara Lioi, defense attorneys Bill and Andrea Whitaker and federal prosecutors.

The docket states the call determined defense attorneys did have a few witnesses ready to testify Tuesday. But the judge agreed "to not require a full day of testimony" because "witnesses could not be contacted and were unavailable to testify," the docket reads.

The conference call foreshadowed what actually happened in court - the jury was dismissed shortly after the lunch break Tuesday, because the defense was not ready with its next witness.

Defense witnesses who were called either gave brief testimony lasting only minutes, or did not testify before the jury at all.

One witness, Joseph Randazzo, pleaded Fifth Amendment privilege and never spoke before the jury.

Randazzo is the president of Financial Network of America. Attorneys from both sides questioned Randazzo about introductions his company received to county agencies. That's when he invoked his Fifth Amendment right against self-incrimination.

Randazzo has not been charged, but his father Charles was, and his father already has pleaded guilty . Charles Randazzo is the founder of Financial Network of America.

"The court is satisfied that he is properly invoking the Fifth Amendment," Judge Sara Lioi said after the lunch break.

The only other witnesses called on the first day of Dimora's defense was Deborah Shaw, a real estate coordinator for Cuyahoga County, and former county administrator Jim McCafferty.

The judge explained the early dismissal to jurors by starting off with a little humor.

"It looks like you just brought a full cup of coffee in," said Lioi to some courtroom laughter. "My apologies... situations like this do happen in trials from time to time," she said. "We appreciate your patience."

Once the jury left, the judge spoke Dimora's defense attorneys on their preparation.

"I'm hoping that nothing transpires over the evening," Lioi said. "I hope everything goes smoothly, as far as preparation."

No one knows except Dimora and his attorneys who will get called to the stand as the defense presents its case.

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