POMEROY — A mistrial in a jury trial of Jacques Daboni versus the state of Ohio has been accepted by Judge Carson Crow.
As of Oct. 14, a new trial is set for Nov. 16-18.
Daboni’s new legal council is Jason Holdren, an attorney from Gallipolis. The trial was initially set to begin at 9 a.m. Wednesday but was delayed until 1 p.m. During that time, Holdren was allowed a private counsel with his client, and told the judge and the prosecuting attorneys that because of the deterioration of the relationship between Daboni and his most recent lawyer, Byron Lee Potts, of Colombus, that he wanted a mistrial.
It was revealed that Daboni’s most recent lawyer was fired Friday, when Potts’ office received a phone call from Daboni’s sister at 1:40 p.m. Oct. 9, who told Potts that Daboni had terminated his services. Carson also revealed that Daboni had two prior attorneys whose services he had also terminated. His previous attorneys are listed as Stephen Paul Ames, of Gahanna, and Kerry Robert Toy, of Athens.
Holdren said that because Daboni was without council familiar with his case and had just been given new council Wednesday, that he would declare a mistrial. Holdren said his decision also came from the inconvenience of the witnesses from out of county who had been in the area for two days without taking the stand. Carson also said that the most recent motion hearing from Potts was made Oct. 7, and stated that motions must be made at least seven days prior to the trial, deeming the Oct. 7 motion too late.
The state requested leniency regarding the new court date, as many witnesses from the Bureau of Criminal Investigation are traveling from Logan. Crow said he did not like to have to set any dates in stone due to changing schedules and inconveniences, but gave mid-November as the current time for a new trial.
Jeremy Fisher, assistant prosecuting attorney, spoke on behalf of the state and his colleagues, Meigs County Prosecuting Attorney Colleen Williams and Bill Gilkey of the Major Crimes Task Force. Fisher said that the state wishes to revoke Daboni’s $1 million dollar bond, saying that they had just learned Wednesday from a source that since his new bond was set in September, Daboni had allegedly threatened someone, although it was not made clear who.
Holdren asked for a timeline of this alleged event, and Fisher said the incident occurred sometime between Sept. 28-29. Fisher said the state had received the information from the Secret Service. The bond was originally set around late June/early July, he said.
A motion hearing regarding the revoking of Daboni’s bond has been set for Friday at 9 a.m. Evidence regarding the allegations of threats will be brought in at that time.
Reach Lindsay Kriz at 740-992-2155 EXT. 2555.
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