AKRON -- Federal officials say that Jimmy Dimora's request for release from federal custody prior to his sentencing July 25 is based on unsupported medical reasons and should be denied.
U.S. Attorneys Antoinette Bacon, Anne Rowland and Nancy Kelley say in their response that attorneys for Jimmy Dimora are now asking for his release on medical grounds, as well as four other reasons.
"Four of the five grounds for relief cited by Defendant Dimora were raised at the bond hearing and rejected by this Court. The new ground, Dimora's health, is an unsupported conclusion. Considering that the only new issue is unsupported by affidavits, medical documents, or even specific facts, this Court should continue to order Dimora detained without further hearing," their response reads.
U.S. Attorneys said Dimora's request for release because of his "strong ties to the community" are exactly what led to his convictions in the first place "....association with Cuyahoga County enabled the criminal conduct that led to his convictions."
His ties to cities in Cuyahoga County also led to his convictions, and "...enabled him to commit further crimes."
U.S. Attorneys also cite the fact that most of his friends that he claims would keep him from leaving the jurisdiction have either pleaded guilty and are awaiting sentencing or awaiting trial themselves.
"Friends and family members such as these, who were willing to help him obstruct the investigation, are more likely to help Dimora flee than to serve as an incentive to remain in the District," the response reads.
"...Lori Dimora took messages from those seeking her husband's help fixing County court cases... Rather than helping to keep Dimora on the straight and narrow, his family and friends helped Dimora commit crimes. Dimora's assertion that his family ties would keep him in this District is belied by his personal behavior. He repeatedly engaged in conduct showing an utter disregard for his family's welfare. He modeled despicable conduct for his children and demonstrated total disrespect for his wife. At a hearing, the Government would play additional calls demonstrating that he put his own desires ahead of his family's wishes and encouraged his children to deceive others for their own benefit.." the response reads.
"Considering their role in his criminal activity and/or inability to prevent him from committing crimes, this Court should not trust that Dimora's friends and family are motived to or capable of ensuring his appearance at future proceedings. This Court has considered Defendant's relationship with his family and friends in revoking his bond, and further hearing on this issue is not necessary."
"Dimora repeatedly proclaimed his innocence to the media, claiming that he would be exonerated at trial. Dimora's stated belief that the jury would acquit him of all counts in the indictment explains his prior compliance with pretrial supervision."
"Now that a jury convicted Dimora on all but one count and he faces a minimum guidelines range of 235-293 months incarceration, Dimora's incentive to comply with supervision has disappeared. Considering that Dimora faces a long term of imprisonment, has not been employed for over two years, has not looked for work or performed volunteer work (to the best of the Government's knowledge), has agreed to forfeit a substantial part of his assets, has adult children (one of whom moved out of state), has been convicted of trying to fix court cases, Defendant Dimora has failed to establish clear and convincing evidence that can satisfy this Court that he will appear for future proceedings."
Regarding Dimora's medical needs, the reponse reads, "...The only new issue presented in Dimora's motion was that his poor health would prevent his flight. Dimora's motion fails to identify any particular physical impairment, fails to include medical documentation and fails to explain how any alleged impairment would prohibit his flight. None of the medical needs identified by pretrial services at the time of Dimora's arraignment supports Dimora's release from incarceration. Dimora's alleged medical condition did not prevent him from committing crimes and did not prevent him from traveling to commit crimes (i.e. Las Vegas, Niagara Falls, Windsor). The Government knows of no special medical attention that the U.S. Marshals Service has been required to provide. In fact, the U.S. Marshals Service placed Defendant Dimora at a facility that is in close proximity to a medical center. Furthermore, his physical health did nothing to prevent Dimora from riding to Court every day on time and sitting through long days of testimony. If Dimora is healthy enough to drive from Cleveland to Akron, during the Northeast Ohio winter, sit through full trial days, and return back to Cleveland, then he is presumably healthy enough to drive to Canada, Mexico or another location to avoid the reach of this Court."
"Defendant Dimora does not require daily use of specific, sterile medical devices that may be difficult to locate outside the United States. He is ambulatory and mobile. Within a matter of hours, he can cross the border into Canada."
"To conclude, this Court has already found that Defendant Dimora failed to present clear and convincing evidence that he will appear at future proceedings. His motion simply recycles the previous arguments made to and rejected by this Court. The only new ground, Defendant Dimora's health, is presented in conclusory fashion and fails to provide the Court with sufficient facts to warrant a hearing. Therefore, his motion should be denied without a hearing."