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10-387 - United States of America v. Dimora et al


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10-387 - United States of America v. Dimora et al
February 14, 2011
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Opinion and Order: The defendant's motion to suppress evidence of intercepted wire communications (Doc. No. 132) is denied, and the defendant's motion to suppress evidence from the search of her office (Doc. No. 130) is denied as moot. In addition, the defendant's motion to compel the production of progress reports (Doc. No. 127) is denied, and the defendant's motion for the production of a written summary of the government's expert witness (Doc. No. 155) is granted. Judge Sara Lioi on 2/14/2011. (P,J)
March 16, 2011
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Opinion and Order as to Bridget M. McCafferty: The defendant's motion to dismiss the indictment or to compel the government to elect on the grounds of duplicity (Doc. No. 135), the defendant's motion to dismiss the supplemental indictment for failure to state an offense (Doc. No. 198), the defendant's motion to dismiss the supplemental indictment or to compel the government to elect among various counts on grounds of multiplicity (Doc. No. 199), and the defendant's revised motion for a bill of particulars (Doc. No. 200) are DENIED. The Court has now ruled on the sufficiency and propriety of the Indictment and Supplemental Indictment. These documents together, however, present duplicative charges for five of the statements. As such, as to those five statements, the charges are duplicative and multiciplicitous, and the government must select or elect so that only one charge remains as to each statement. The government shall have leave until March 17, 2011 at 1:00 pm to file a motion to dismiss those charges it does not plan to prosecute. Judge Sara Lioi on 3/16/2011. (P,J)
March 20, 2011
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Opinion and Order as to Bridget M. McCafferty: The Court finds that the government's proffer is sufficient to preliminarily establish the existence of a conspiracy to deprive others of money and property in violation of 18 U.S.C. Section 1349, as well as violations of state law and, therefore, the government may introduce statements of James Dimora and Steve Pumper through testimony and recorded conversations as co-conspirator statements under Fed.R.Evid 801(d)(2)(E). (Related Doc # 214). Judge Sara Lioi on 3/20/2011. (P,J)
March 20, 2011
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Opinion and Order as to Bridget M. McCafferty: On the basis of the foregoing authority, the portion of the defendant's motion made on the first morning of trial and prior to commencement of jury selection, which seeks the exclusion of the government's representative, S.A. Oliver, during the testimony of other investigating agents, is overruled. Judge Sara Lioi on 3/20/2011. (P,J)
March 22, 2011
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Opinion and Order: The defendant's motion to exclude the testimony of the government's expert, Lori Brown, on the subject of the Code of Judicial Conduct and the Ohio Rules of Professional Conduct (Doc. No. 216) is denied in part and granted in part. For the reasons set forth, the government will be permitted to elicit testimony regarding the standards set forth in the Ohio Code of Judicial Conduct and the Ohio Rules of Professional Conduct as they relate to the defendant's actions and conversations regarding cases that she presided over. The government will not be permitted to elicit testimony regarding whether the defendant violated the standards. Judge Sara Lioi on 3/22/2011. (P,J)
July 14, 2011
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Memorandum Opinion as to Bridget M. McCafferty: Defendant's motion for new trial (Doc. No. 270), motion for judgment acquittal (Doc. No. 272), and motion for arrest of judgment (Doc. No. 273) are denied. Judge Sara Lioi on 7/14/2011. (P,J)
August 13, 2011
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Opinion and Order as to Bridget M. McCafferty : The defendant's renewed motion for a continuance of the conditions of release pending appeal, or, in the alternative, for a delay of the date when she must report to begin serving her sentence, is denied. (Related Doc # 385). Judge Sara Lioi on 8/13/2011. (P,J)
October 25, 2011
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Opinion and Order: For all of the foregoing reasons, and subject to the government's continuing discovery obligations, the above-mentioned discovery motions (Doc. Nos. 416, 418, 419, 420, and 421) are denied. Judge Sara Lioi on 10/25/2011. (P,J) (Main Document 529 replaced on 1/9/2012) (P,J).Opinion and Order: For all of the foregoing reasons, and subject to the government's continuing discovery obligations, the above-mentioned discovery motions (Doc. Nos. 416, 418, 419, 420, and 421) are denied. Judge Sara Lioi on 10/25/2011. (P,J) (Main Document 529 replaced on 1/9/2012) (P,J).
October 28, 2011
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Opinion and Order as to James C Dimora and Michael D Gabor: The defendants' motions challenging the Indictment (Doc. No. 298, 414, 415, 427, and 428) are denied. Judge Sara Lioi on 10/28/2011. (P,J) (Main Document 530 replaced per order filed 7/2/2012 to correct stylistic and typographical errors.) (P, S). Modified 7/2/12.Opinion and Order as to James C Dimora and Michael D Gabor: The defendants' motions challenging the Indictment (Doc. No. 298, 414, 415, 427, and 428) are denied. Judge Sara Lioi on 10/28/2011. (P,J) (Main Document 530 replaced per order filed 7/2/2012 to correct stylistic and typographical errors.) (P, S). Modified 7/2/12.
October 31, 2011
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Opinion and Order as to James C Dimora and Michael D Gabor: Defendant Dimora's motions to change venue and sever (Doc. Nos. 409, 412), as well as Defendant Gabor's motion to sever (Doc. No. 426), are denied. Defendant Dimora's motion for expanded voir dire (Doc. No. 410) is granted in part. Judge Sara Lioi on 10/31/2011. (P,J) (Main Document 531 replaced on 11/4/2011) (P,J).Opinion and Order as to James C Dimora and Michael D Gabor: Defendant Dimora's motions to change venue and sever (Doc. Nos. 409, 412), as well as Defendant Gabor's motion to sever (Doc. No. 426), are denied. Defendant Dimora's motion for expanded voir dire (Doc. No. 410) is granted in part. Judge Sara Lioi on 10/31/2011. (P,J) (Main Document 531 replaced on 11/4/2011) (P,J).
December 16, 2011
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Opinion and Order: Defendant Dimora's motion for consolidation with case 1:11CR491 [Doc. No. 538] is denied. Because the Court will not consolidate these two matters, Dimora's motion to continue the trial date in Dimora I (1:10CR387) [Doc. No. 539] is also denied. Judge Sara Lioi on 12/16/2011. (P,J)Opinion and Order: Defendant Dimora's motion for consolidation with case 1:11CR491 [Doc. No. 538] is denied. Because the Court will not consolidate these two matters, Dimora's motion to continue the trial date in Dimora I (1:10CR387) [Doc. No. 539] is also denied. Judge Sara Lioi on 12/16/2011. (P,J)
December 28, 2011
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Opinion and Order as to James C Dimora and Michael D Gabor: Defendant Dimora's motions to suppress evidence from the searches of his office and home, to compel production of grand jury transcripts and identification of confidential informants, as well as the motions of Defendants Dimora and Gabor to suppress evidence of intercepted wire communications, are denied. (Doc. Nos. 417, 422, 423, 424, 484). Judge Sara Lioi on 12/28/2011. (P,J)Opinion and Order as to James C Dimora and Michael D Gabor: Defendant Dimora's motions to suppress evidence from the searches of his office and home, to compel production of grand jury transcripts and identification of confidential informants, as well as the motions of Defendants Dimora and Gabor to suppress evidence of intercepted wire communications, are denied. (Doc. Nos. 417, 422, 423, 424, 484). Judge Sara Lioi on 12/28/2011. (P,J)
December 30, 2011
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Opinion and Order as to James C Dimora: Defendant Dimora's motion to dismiss Counts 2 and 16 of the Indictment due to the alleged unconstitutionality of Section 1346 and the alleged insufficiency of the Ohio bribery statutes to support an honest services fraud claim is denied. (Doc. No. 568). Judge Sara Lioi on 12/30/2011. (P,J)
January 2, 2012
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Opinion and Order denying defendant Dimora's motion to dismiss indictment for a violation of defendant's right against double jeopardy. (Doc. No. 570). Judge Sara Lioi on 1/2/2012. (P,J)
January 4, 2012
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Opinion and Order: The Court's ruling on the parties' various motions in limine is set forth in the attached order. (Doc. Nos. 532, 533, 534, 535, 536, 537, 561). Judge Sara Lioi on 1/4/2012. (P,J)Opinion and Order: The Court's ruling on the parties' various motions in limine is set forth in the attached order. (Doc. Nos. 532, 533, 534, 535, 536, 537, 561). Judge Sara Lioi on 1/4/2012. (P,J)
January 6, 2012
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Opinion and Order as to James C Dimora denying motion to stay these proceedings pending the outcome of the interlocutory appeal. (Doc. No. 604). Judge Sara Lioi on 1/6/2012. (P,J) (Main Document 606 replaced on 1/9/2012) (P,J).
January 9, 2012
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Opinion and Order: Defendant Dimora's motion to dismiss the indictment for vindictive prosecution or, in the alternative, to conduct discovery on the subject of vindictive prosecution, is denied. (Doc. No. 571). Judge Sara Lioi on 1/9/2012. (P,J)
January 13, 2012
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Opinion and Order: Defendant Dimora's motion to dismiss Count 9 of the Indictment for failure to state an offense (Doc. No. 560) is denied. Judge Sara Lioi on 1/13/2012. (P,J) (Main Document 630 replaced on 1/17/2012 to correct signature date.) (P, S).
March 22, 2012
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Opinion and Order as to James C Dimora and Michael D Gabor: The Court grants, in part, the media's request for the immediate release of all trial exhibits. (Doc. No. 749). The government shall, within three business days of the issuance of this opinion, file, for review by defendants and approval by the Court, a list of all exhibits that it believes meet the criteria set forth in this opinion for immediate release. If the government desires further guidance from the Court as to the propriety of releasing specific exhibits, it may seek it at that time. Each defendant shall, within three business days after the government's list is filed, in turn file any additional objections he has to release of any of the exhibits on the government's list. Any such objections must state the specific exhibits objected to and the exhibit-specific grounds for each objection. (Related Doc # 754). Judge Sara Lioi on 3/22/2012. (P,J)Opinion and Order as to James C Dimora and Michael D Gabor: The Court grants, in part, the media's request for the immediate release of all trial exhibits. (Doc. No. 749). The government shall, within three business days of the issuance of this opinion, file, for review by defendants and approval by the Court, a list of all exhibits that it believes meet the criteria set forth in this opinion for immediate release. If the government desires further guidance from the Court as to the propriety of releasing specific exhibits, it may seek it at that time. Each defendant shall, within three business days after the government's list is filed, in turn file any additional objections he has to release of any of the exhibits on the government's list. Any such objections must state the specific exhibits objected to and the exhibit-specific grounds for each objection. (Related Doc # 754). Judge Sara Lioi on 3/22/2012. (P,J)
April 23, 2012
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Opinion and Order: Defendant Dimora's motion for release from detention pending sentencing and a second trial is denied. (Related Doc # 756). Judge Sara Lioi on 4/23/2012. (P,J)
May 25, 2012
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Opinion and Order as to James C Dimora: Defendant Dimora's renewed motion for release from detention pending sentencing and second trial based on new medical concerns (Doc. No. 889) is denied for lack of jurisdiction. Judge Sara Lioi on 5/25/2012. (P,J)
June 21, 2012
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Memorandum Opinion and Order: Taking into consideration all of the relevant factors, and accepting at face value Gabor's asserted ties to the community, close family relations, and compliance with pre-trial bond conditions, the Court finds that Gabor cannot satisfy the burden of demonstrating by clear and convincing evidence that he is not a flight risk. Therefore, defendant Gabor's motion for release pending sentencing is DENIED. Judge Sara Lioi on 06/21/12. Related documents 893 and 898. (H,KR)
July 12, 2012
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Memorandum Opinion: Viewing the evidence in a light most favorable to the government, a rational juror could have found beyond a reasonable doubt the essential elements of each crime for which Gabor was convicted. As such, he is not entitled to a judgment of acquittal. In addition, because the guilty verdicts are not against the manifest weight of the evidence, taking into consideration the nature and the strength of all of the evidence and the credibility of the witnesses, and justice does not otherwise require a new trial, he is not entitled to a new trial. His motions for a judgment of acquittal and for a new trial, therefore, are DENIED. Related documents 785,786,865, 866. Judge Sara Lioi on 07/12/2012. (H,KR)
July 18, 2012
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Memorandum Opinion and Order: Viewing the evidence in a light most favorable to the government, a rational juror could have found, beyond a reasonable doubt, the essential elements of each crime for which Dimora was convicted. As such, with the exception of Count 10 as set forth above, defendant Dimora is not entitled to a judgment of acquittal. In addition, the guilty verdicts are not against the manifest weight of the evidence, taking into consideration the nature and the strength of all of the evidence and the credibility of the witnesses, and justice does not otherwise require a new trial. His motion for a judgment of acquittal is denied, with the exception that the Court hereby dismisses Count 10. Dimora's motion for a new trial is denied in its entirety. Judge Sara Lioi on 07/18/2012. Related documents 782, 859, 874, 875, 882, 902. (H,KR)
October 5, 2012
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Opinion and Order as to James C Dimora: For the reasons set forth in its previous orders denying Dimora's requests for release pending sentencing, and because the Court is unaware of any substantial questions of law or fact that would warrant release at this time, the Court denies Dimora's motion for release pending appeal. (Doc. No. 965). (See Doc. Nos. 867, 895.) As for defendant Dimora's proffer, the Court has already ruled on the admissibility of the referenced documents, both on the record after the sentencing hearing and in a subsequent written order, and no further comment is necessary. (See Doc. No. 956). Judge Sara Lioi on 10/5/2012. (P,J)
June 4, 2015
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Memorandum Opinion as to Michael D Gabor: Defendant's motion to compel the production of the protected materials previously produced in this case is granted, as set forth above, and counsel shall be appointed to assist defendant in the review of the protected materials. (Related Doc # 1092). Judge Sara Lioi on 6/4/2015. (P,J)
October 23, 2015
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Memorandum Opinion and Order as to James C Dimora and Michael D Gabor: Before the Court are several written requests by news organizations to release all exhibits admitted at trial in this matter but not previously released. Given the present circumstances, the competing factors now favor release of the trial exhibits. Within 14 days of the date of this opinion, the government is hereby instructed to review the previously unreleased exhibits and redact sensitive, personal information of any individual, in accordance with Fed. R. Crim. P. 49.1. After the expiration of the time set aside for redaction, members of the media may contact the United States Attorney's Office to make arrangements to obtain copies of properly redacted trial exhibits. (Related Doc # 1077, 1078, 1081, 1082, 1083, 1100, 1101, 1102, 1103). Judge Sara Lioi on 10/23/2015. (P,J)Memorandum Opinion and Order as to James C Dimora and Michael D Gabor: Before the Court are several written requests by news organizations to release all exhibits admitted at trial in this matter but not previously released. Given the present circumstances, the competing factors now favor release of the trial exhibits. Within 14 days of the date of this opinion, the government is hereby instructed to review the previously unreleased exhibits and redact sensitive, personal information of any individual, in accordance with Fed. R. Crim. P. 49.1. After the expiration of the time set aside for redaction, members of the media may contact the United States Attorney's Office to make arrangements to obtain copies of properly redacted trial exhibits. (Related Doc # 1077, 1078, 1081, 1082, 1083, 1100, 1101, 1102, 1103). Judge Sara Lioi on 10/23/2015. (P,J)
January 18, 2016
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Memorandum Opinion: Defendant's motion for discovery (Doc. No. 1109) and motion for counsel (Doc. No. 1113) are denied. Defendant's motion to extend the briefing schedule (Doc. No. 1112) for his Section 2255 motion is granted, as set forth in the Memorandum Opinion. Defendant shall have until March 18, 2016 to file a supplement, the government has leave until May 6, 2016 to file a response, and defendant may file any reply by June 10, 2016. (Related Doc # 1111). Judge Sara Lioi on 1/18/2016. (P,J)
May 6, 2016
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Memorandum Opinion as to Michael D Gabor (5): The Court grants the government's motion, and further grants petitioner's prior counsel permission to discuss with the government the specific allegations of alleged ineffective assistance of counsel raised by petitioner in his Section 2255 motion and supplement. (Related Doc # 1135). Judge Sara Lioi on 5/6/2016. (P,J)