A suspended Toledo councilman who sought nomination for sheriff last year is asking a federal court judge to consider the admissibility of statements of fellow councilmen amidst allegations they conspired in a bribery and extortion scheme, according to a motion filed on Tuesday.
Defense attorney Richard Kerger, on behalf of Gary Johnson, is asking U.S. District Court Judge James Carr to set a pretrial evidentiary hearing to review the admissibility of statements made by any of his alleged co-conspirators. Unless there is a factual basis for such statements, they should not be accepted as evidence, the defense attorney argues in a motion to determine admissibility of co-conspirator statements.
If a conspiracy can be established by prosecutors, whatever one co-conspirator said can essentially be used against the other one, Mr. Kerger told The Blade on Tuesday.
“Mr. Johnson maintains the government cannot prove his participation in the conspiracy pleaded in the indictment,” Mr. Kerger wrote in his motion. “The extensive discovery disclosures by the government fail to reveal any evidence of his participation in a conspiracy. Literally none.”
Mr. Johnson and colleagues Tyrone Riley, Larry Sykes, and Yvonne Harper, face bribery and extortion charges for allegations that $34,260 changed hands between Toledo business owners trying to win council approval for various matters.
“There is no evidence of interaction outside of city council functions,” he said. “The only common dominator is the use of the same confidential source in the separate investigations. The negligible evidence of Mr. Johnson’s participation in a conspiracy favors a pretrial determination.”
In March, Mr. Kerger also asked the government to provide a bill of particulars, or the facts that support the indictment. Mr. Kerger claims the indictment only speaks of “generalities” but nothing to support the alleged conspiracy.
As of Tuesday afternoon, a bill of particulars had not been filed by the government.
The allegations against Mr. Johnson stem from his campaign for Lucas County Sheriff while he was a sitting councilman, accepting money and in turn offering support through his votes as a city councilman, according to the 41-page indictment.
A pretrial hearing is scheduled for July 14.
First Published June 1, 2021, 8:06 p.m.
