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Judge denies Dimora's release from prison, new trial

8:29 AM, Apr 24, 2012   |    comments
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 PDF Document: Judge denies Dimora release

AKRON -- U.S. District Judge Sara Lioi has denied former Cuyahoga County Commissioner's request to be released from federal prison pending his July 25 sentencing and his Oct. 17 second trial.

Lioi also denied Dimora a new trial after he was found guilty March 9 on 33 of 34 counts, including racketeering, conspiracy and bribery.

Dimora, 56, of Independence, was immediately taken into custody March 9 and is at the Northeast Ohio Correctional Center in Youngstown.

Dimora had also asked Lioi for a hearing regarding his release but Lioi did not grant that request.

In her 9-page opinion and order posted just before 6 p.m. Monday, Lioi said that Dimora did not show in the bond hearing in March where he was not a flight risk nor that he had any medical condition that should keep him out of prison pending sentencing.

In part, the opinion concluded that "...The Court cannot find that defendant Dimora has established by clear and convincing evidence that he does not pose a flight risk. Dimora is facing considerable time in prison, he has divested himself of two of his most valuable assets -- his interest in his house and his retirement account -- and he is facing the prospect of a drastic change in lifestyle in the form of incarceration for a potentially lengthy period of time."

"Based on all of these factors, and after weighing the evidence submitted by Dimora in support of release, the Court must conclude that he poses a significant risk of flight, and denial of his motion is appropriate."

"The Court has also taken into account the fact that the extent of Dimora's criminal exposure is not yet fully known, as he still has to stand trial in Case No. 1:11CR439 later this year."

"Taking into consideration all of the relevant factors, as well as the evidence Dimora offered in support of his motion, the Court finds that Dimora cannot satisfy the burden of demonstrating by clear and convincing evidence that he is not a flight risk. Therefore, Defendant Dimora's motion for release pending sentencing and his second trial is DENIED."

WKYC-TV

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