LISBON - The aggravated murder trial of Nicholas Carosiello could be delayed again after his defense attorney, Dominic Frank, filed several motions in August, including one asking to be allowed to withdraw from the case.
Carosiello, 33, Church Alley, Chester, W.Va., is charged with aggravated murder, possession of drugs and three counts of tampering with evidence. The charges include two firearm specifications, and all stem from the alleged shooting death of his estranged wife, Holly Carosiello, in August 2011.
The case is scheduled to go to trial for two weeks beginning Sept. 29 in Columbiana County Common Pleas Court.
A hearing has been scheduled before Judge Scott Washam on Wednesday to look at each of Frank's motions.
In his motion to withdraw as counsel from the case, Frank cited a lack of funds by Carosiello and his family to pay for a proper defense. Without the necessary money, Frank said he has been unable to secure the services of an investigator, expert witnesses and independent laboratory tests. Additionally, Frank, who works with Betras, Kopp and Harshman LLC, said he needs additional support staff and technical assistance to properly challenge the evidence the prosecutor's office will be introducing against Carosiello.
Frank said he has encouraged Carosiello to provide more funds and believes at this point the defendant would be better off applying for a public defender if it is found he qualifies. If a public defender is appointed, the county would be responsible for paying the cost of Carosiello's expert witnesses and tests.
Frank, who has been representing Carosiello on the case since his initial court appearance in August 2013, has also filed several other motions since the beginning of August. One asks for the suppression of statements made by co-defendants from the case, Jamie M. Adkins, Johnny P. Paroda, Joshua L. Rudder, Dustin R. Green, Anthony Carosiello and Martina Michael. All of the co-defendants have already pleaded guilty to charges related to their actions on and around the date of Aug. 12, 2011.
Other motions include requests to suppress certain statements made by Carosiello to Columbiana County Sheriff's Office detectives on Aug. 13, 2011 and standard motions to disclose any additional evidence which shows the involvement of others besides Carosiello.
Additionally, a motion has been filed to exclude the prosecutor's office from introducing photographs of Holly Carosiello, including graphic photographs of the autopsy, which Frank notes will inflame the jury.
Another motion requests the release to the defense of all the audio and video evidence, such as recorded statements and any taped additional conversations with the prosecuting attorney or assistant prosecuting attorney Carosiello believes were attempts to threaten, harass or coerce him.
Frank also filed a request for jurors to be questioned separately and out of the hearing of other prospective jurors in order for them not to be influenced by the answers of others, including answers they may give when asked about their exposure to the case.