CLEVELAND, Ohio -- Former Cuyahoga County Auditor Frank Russo's damaging testimony helped put away his long-time buddy, former Cuyahoga County Commissioner Jimmy Dimora, and a couple of Cuyahoga County common pleas judges.
In return for his help, federal prosecutors were asked to petition the court to reduce Russo's 22-year sentence. Russo has been locked up for more than two years, and still there's been no hearing on the sentence reduction.
"I think it could be read into that they (federal prosecutors) may not be done with the investigation or they're not ready to close it yet, and they don't want to shut the door on Frank Russo's information and availability," said Dean Valore, a former federal prosecutor and law professor.
Rule 35 allows for a sentence modification for a defendant's cooperation and testimony. Federal prosecutors say U.S. District Court Judge Sara Lioi simply hasn't scheduled the hearing yet.
But Valore says it's up to prosecutors to push the issue and to get the hearing scheduled. Valore believes prosecutors aren't prepared to present evidence that would lead to a shorter sentence for the former county auditor.
"There may be some loose ends that need tightening," said Valore. "It's an unusually long time for the motion for a Rule 35 hearing to be pending."
Russo remains locked up in a federal prison in Loretto, Pa.
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