AKRON BEACON JOURNAL
Prosecution Moves For Mistrial In Resh Case
Wed, Apr. 04, 2007
By Ed Meyer
Beacon Journal staff writer
RAVENNA - The state moved for a mistrial late today in the case of Randy Resh following an assertion before the jury that the prosecution's star witness -- in prison for the murder in question -- was offered favorable treatment for his testimony.
Mike Cardew/Akron Beacon Journal
Defense attorney Gregory Robey, left, and defendant Randy Resh look over a photograph during the third day of testimony in the Resh's retrial in Judge Laurie Pittman's court Wednesday April 4, 2007, in Ravenna, Ohio.
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During cross examination of the mother of Troy Busta -- the first man charged and convicted in the 1988 murder of Connie Nardi -- the defense brought out a recorded phone conversation in which the mother told her son she felt the offer was on the table from Portage County Prosecutor Victor V. Vigluicci.
As Resh defense lawyer Mark B. Marein was questioning Kaye Busta, Marein brought out that Troy Busta had called his mother from Chillicothe Correctional Institution, and his mother promptly informed him: ``Randy and Bob are back in Portage County.''
Continuing with his question, Marein then said Kaye Busta told her son that,``reading between the lines'' of her conversation with Vigluicci, the prosecutor ``could do something'' for him if he testified against Resh.
A recording of the Chillicothe phone call, on Dec. 27, was obtained by the defense under subpoeana and ensuing court order by Common Pleas Judge Laurie J. Pittman, who is handling the Resh's retrial.
The Ohio Supreme Court, in a unanimous decision issued on Dec. 26, vacated the convictions of Resh and his lifelong friend, Bob Gondor, and granted them new trials.
Today's development occurred on the second day of witness testimony in the presentation of state's evidence against Resh.
As assistant county prosecutor Thomas R. Buchanan left the courtroom minutes before closing time, he said he would put the motion for a mistrial on record because Resh's defense lawyers had not provided him a tape of the Dec. 27 phonecall in advance of Kaye Busta's testimony.
Defense lawyer Gregory Robey said Buchanan made the motion for a mistrial in Pittman's chambers during a break after Kaye Busta left the stand.
Busta, 39, who is serving a life term for the murder, has his next parole board hearing scheduled for July 2008.
Ed Meyer can be reached at 330-996-3784 or emeyer@thebeaconjournal.com.
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