For the first time since his indictment last July, businessman Anthony Cafaro appeared in court.
Only this time, it was to hear the state explain why corruption charges against him and others had to be dismissed.
"For this case to continue with the unresolved issues that remain and the additional resources that would become necessary, we'd be in much the same place a year from now," special prosecutor David Muhek told visiting Judge William Wolff Jr. in Mahoning County Common Pleas Court.
Muhek said that after the indictment was filed, the state immediately began its obligation to supply discovery materials. About six months ago, it was informed the tapes existed and requested a six-month extension in court to obtain more information and materials.
Special prosecutors told the judge they were having trouble obtaining thousands of hours of FBI recordings that could be related to the Oakhill case. Among those named in the indictment was developer Anthony Cafaro Sr., who retired from his family-run company last December, and his sister Flora, who is an executive with the company. Current Mahoning County Commissioner John McNally, Auditor Mike Sciortino and former Treasurer John Reardon were also charged.
They were all accused of conspiring with each other to keep the county from buying Oakhill back in 2006.
"We're asking for a dismissal under rule 48-A and a dismissal against all parties to all charges," Muhek said.
But the defense argued the tape issue was simply a smokescreen for a weak case.
"That if the FBI had even one tape that supported this prosecution then the state prosecutors would have it and use it," said Atty. Marty Weinberg.
"From the very beginning this case has been a politically motivated prosecution," Anthony Cafaro Sr. said following the hearing.
Over the last month, defense lawyers have been making accusations of their own against Mahoning County Prosecutor Paul Gains and his staff for their roles in the Oakhill case even though Gains had recused himself from it. Monday was to have been the start of a week-long hearing into the misconduct allegations.
"And make no mistake about it, Paul Gains lost today," Cafaro attorney George Stamboulidis said.
And while defense lawyers argue this case is finished, Gains thinks there's more to come.
"I don't care what the defense in this case allege. I put my faith in the Justice Department and the FBI that has the tapes and have investigated this matter and that they'll do the right thing," Gains said.
But a spokesman for the U.S. Attorney in Cleveland refused to comment Monday afternoon and said Oakhill is not their case.
Cafaro officials released statements following the dismissal.
"We are gratified that the special prosecutors decided to bring to an end a prosecution that we always believed was without merit," said the Cafaro Co. co-president, Anthony M. Cafaro, Jr.
"The company has steadfastly maintained that its taxpayer lawsuit challenging Mahoning County's purchase of Oakhill and related conduct was a lawful exercise of a right granted to it under Ohio law, and this dismissal now confirms that fact," said William Cafaro, also a co-president.
Stamboulidis and Weinberg said Cafaro has been a pillar of the business community for over 40 years and opposed the Oakhill purchase in good faith. It said his opposition was correct, "as Mahoning County has incurred over $15 million in unnecessary costs for the Oakhill facility as it struggles in difficult economic times."
"While no citizen, who as wrongly accused as Mr. Cafaro was, can undo the damage to his reputation, he is grateful that each and every allegation contained in the now-dismissed indictment has been withdrawn," the statement said.
