TOLEDO, Ohio — The trial for former Toledo City Council member Gary Johnson will not begin as planned on Jan. 9.
In a dramatic Tuesday afternoon hearing in the courtroom of District Court Judge Jeffrey Helmick, Johnson’s co-counsel David Klucas was removed from the case because he could possibly be called as a witness during the trial. Judge Helmick offered the defense an opportunity to have additional counsel appointed.
Lead counsel Richard Kerger said the defense is asking for the appointment of a co-counsel and for a continuance, meaning a likely extended delay.
When asked when he expected the trial to begin, Kerger said: "That is unknowable. We need to get new counsel on board and then the date will be set. We can be ready for trial in April."
Johnson is accused of taking a bribe in exchange for a favorable vote on council. During the hearing, it was revealed that he accepted $2,000 on April 22, 2020. The defense claims he believed it was a campaign contribution and when he realized that there could be legal ramifications for accepting it, he took the money to his attorney – Klucas. Prosecutors contend the money was not a political contribution, but rather a bribe.
Depending on the government’s presentation, the defense could possibly call Klucas as a witness to testify about his meeting with Johnson. After Tuesday's hearing, Kerger told WTOL 11 that it is not known where the money is.
The Model Rules of Professional Conduct for lawyers prohibits a lawyer acting as counsel and witness in the same trial, except for rare occasions. In sustaining the government’s motion to have Klucas removed, Judge Helmick said it was best to disqualify him and have him available later as a witness.
"David is an exceptionally fine lawyer and was dedicated to handling the charges against Gary. We were a good team," Kerger said.
Federal prosecutor Michael Freeman had opposed allowing Klucas to remain as co-counsel, arguing that it was unfair for him to have access to all the evidence before appearing as a witness. And he told Judge Helmick that he wanted a "clean" trial and no later questions about Klucas' potential dual role in it if he is called as a witness.
Judge Helmick agreed, saying his decision had nothing to do with Klucas' ability as a lawyer. Instead, he said it was important not to taint his image as a potential defense witness.
Johnson was one of four Toledo City Council members arrested in 2020 and charged in the federal corruption case. The three other defendants, former council members Tyrone Riley, Larry Sykes and Yvonne Harper pleaded guilty in December to accepting bribes during their time in office in return for legislative support, according to the U.S. Department of Justice.
The three made a surprise appearance on Dec. 16 before Judge Helmick to make pleas. Both Riley and Sykes pleaded guilty to one count of Hobbs Act extortion under official color of right, which means a public official wrongfully took money or another valuable not owed to them or their office.
Harper pleaded guilty to one count of Hobbs Act conspiracy. Riley, Sykes and Harper are scheduled to be sentenced in June 2023. The charges the three face all carry up to 20 years in prison, up to $250,000 in fines and up to three years of supervised release.
Their arrests in 2020 came after an FBI investigation that led authorities to accuse the elected leaders of taking bribes in exchange for votes on business before city council. Federal investigators claim tens of thousands of dollars changed hands in the scandal.
Local attorney Keith Mitchell also was charged in 2020. Mitchell died in 2021 before facing trial.
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