Prosecution rests its case against Dimora; Defense takes the helm to prove Dimora's innocence

AKRON, Ohio - Federal prosecutors at 9:40 a.m. on Tuesday morning rested their case against former county commissioner Jimmy Dimora.

U.S. District Court Judge Sara Lioi appears to have denied a Dimora defense counsel motion to delay the trial for two days, although the issue was not addressed in open court. There was also no entry on the matter on the court's electronic filing system as of 9:45 a.m., although a reference was made during procedural discussions to a conference call held by parties to the case on Monday evening.

Dimora's attorney, Bill Whitaker, requested the delay on the basis that federal prosecutors estimated they would rest their case on February 27 or 28, but instead called their final witness last Thursday, February 16.

Jurors were seated at 9:35 a.m. after more than an hour of procedural discussions including a lengthy bench conference with the judge and attorneys in the case. Subsequent bench conferences were held off and on throughout the morning, substantially delaying the progress of testimony.

Deborah Shaw, a real estate coordinator for Cuyahoga County with prior work experience in the construction industry, was the first person called by defense attorneys to testify on behalf of Dimora. Shaw testified that D-A-S contractor Steve Pumper was brought into the Courthouse Square Renovation Project by another contractor and that she was not aware that his company was doing free work at Dimora's home at the time D-A-S was involved with the county renovation contract.

Following Shaw, attorneys for both sides of the case questioned Joseph Randazzo, a financial planner, without jurors present. Randazzo, who was asked questions about introductions the Financial Network of America received to county and local government agencies. Randazzo pleaded Fifth Amendment privilege and was temporarily dismissed without testifying before jurors, but was told to remain present as he may be recalled later in the day.

Charles Randazzo, the founder of Financial Network of America, previously testified about his role in seeking Dimora's help in getting his deferred compensation programs in city and county government agencies. Joseph Randazzo is the president of the company.

Former county administrator Jim McCafferty took the stand around 11:40 a.m. McCafferty served more than 28 years in the county's Department of Children and Family Services prior to serving as a county administrator.

Dimora defense attorney Andrea Whitaker asked McCafferty if he ever received a call from Dimora about Steven Pumper, a contractor and friend of Dimora who was seeking a county neglect investigation of his ex-wife. Pumper previously testified his ex-wife was drinking heavily and he asked Dimora's help in initiating an investigation in order to have his children removed from his ex-wife's custody.

McCafferty testified he never talked with Dimora about the case and that when Pumper called he was referred to the county hotline to file his complaint.

Defense attorney Andrea Whitaker began to ask McCafferty about county contracts being awarded to lowest bidders when the prosecution made the objection. Following a bench conference, no further questions were asked and McCafferty was dismissed.

The jury was dismissed to lunch at 12:15 p.m. with a notice from the judge that she might dismiss the jury for the day after their return at 1:30 p.m. The judge indicated there were issues to addressed during their absence but she was unsure of whether or not jurors would be dismissed early.

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

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