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  Lawyers for Former Cleveland Diocese Cfo Joseph Smith Worry Pope's Visit May Prejudice Jury

By Damian G. Guevara
Plain Dealer
April 16, 2008

http://www.cleveland.com/news/plaindealer/index.ssf?/base/cuyahoga/1208334909154400.xml&coll=2

This week's first American visit by Pope Benedict XVI will energize millions of people, spur protests by some and - a local defense lawyer believes - prejudice a Cleveland jury.

Lawyers for Joseph Smith, the former chief financial officer of the Cleveland Catholic Diocese, asked a judge to push back the start of Smith's trial on corruption charges by one week.

U.S. District Judge Anne Aldrich ruled Tuesday to change the trial date to May 12. Jury selection for Smith's trial in U.S. District Court was scheduled to begin Monday, one day after the pope celebrates a Mass at Yankee Stadium.

Publicity about the event and the pope's preceding U.S. tour is likely to leave Northeast Ohio Catholics rapturous, attorney Philip Kushner wrote in a brief filed Monday.

He argued that if Benedict's visit mobilizes the flock, the faithful will be on duty to defend and protect the church - and may show bias in favor of government witnesses including priests and former Bishop Anthony Pilla.

Smith is accused of taking $784,000 in kickbacks and faces a host of corruption charges. His co-defendant, Anton Zgoznik, was convicted of similar charges in October after a trial.

To reach this Plain Dealer reporter: dguevara@plaind.com, 216-999-4128.

 
 

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