Federal Judge Sets Hearing on Request to Refer Dan Kasaris and Mark Bennett for Criminal Prosecution

  • January 28 inquiry to Review Evidence of Criminal Activities by Senior Assistant Ohio Attorney General Dan Kasaris and recently fired federal prosecutor Mark Bennett
  • Prosecutor Dan Kasaris calls filing “frivolous” and seeks Sanctions
  • First Amendment claims at issue after Ohio Attorney General Dave Yost’s Office threatened journalists and bloggers with prosecution and imprisonment


Following threats to imprison journalists and bloggers, a First Amendment suit was filed against Ohio Attorney General Dave Yost and Senior Assistant Ohio Attorney General Daniel Kasaris, Viola v. Yost, et. al., Case No. 2:21-cv-3088, S.D. Ohio.  During the litigation, documents obtained from the Department of Justice and the Mahoning County Prosecutor’s Office evidenced a well-orchestrated campaign by Kasaris to imprison Tony Viola and others, based on statements made on Blogs and in the news media detailing Kasaris’ sexual relationship with government Kathryn Clover, and his own cousin, Kelly Connors.

Viola alleged an unconstitutional abridgment of free speech, and that all claims made concerning the affair between Kasaris and government witness Kathryn Clover are true, as are claims that Kasaris directed his Office Manager Dawn Pasela to record a series of post-indictment conversations with Viola to gain insight into defense’s trial preparation, then threatened Ms. Pasela with prosecution after she offered to testify about misconduct committed by Kasaris.   Ms. Pasela did not appear in court and was found dead in her apartment by her Father shortly after her scheduled testimony.

Kasaris has not denied the allegations but asked the court to order Viola “to cease using photos of the Kasaris family” (motion for sanctions at p. 3).  Kasaris also objected to the publication of his wife Susan’s Facebook posts concerning his marital infidelities, porn addiction and abusive behavior, while also asking the Court to stop Viola, who “mailed post cards to an unknown but believed to be a large number of people” Kasaris motion at page. 6.  (To view the postcards, please visit www.FreeTonyViola.com, October 2, 2021 Blog). 

Kasaris posed for photos with his girlfriend, Ms. Connors, who send them to Viola or posted them on social media, while Kasaris’ wife Susan’s Facebook messages were provided by Kasaris sister in law Kelly Patrick.  Viola argues there can be no expectation of family privacy by a politician, especially when Kasaris’ own wife and other family members are on Facebook discussing Kasaris’ porn addiction, alcoholism and serial marital infidelities.  Moreover, Kasaris has served in elective office and recently sought election to the North Royalton city council, and Kasaris himself posed for or posted the photographs in question on social media.  Perhaps more significantly, at no time does Kasaris deny he had an affair with Kathryn Clover, nor does he deny that he ordered Dawn Pasela to intrude into the Plaintiff’s Sixth Amendment right to counsel.  Moreover, many of the documents posted in the FreeTonyViola.com Evidence Locker are emails written by Kasaris himself that he sent to Clover discussing “hand jobs” and “banging in the car” and “massages.”  These communications were produced by the Cuyahoga County Prosecutor or parties to Kasaris communications, and posted on line.

Hon. Algenon L. Marbley, Chief United States District Judge of the United States District Court for the Southern District of Ohio ordered the hearing, which will begin at 3:00 PM, Eastern Time, January 28th, in Courtroom 1 of the the Joseph P. Kinneary U.S. Courthouse, 85 Marconi Boulevard, Columbus, Ohio 43215.  Judge Marbley’s order also states that “Counsel should be prepared to answer questions raised by the Court.”

Kasaris requested the Court sanction Viola for filing what he called frivolous litigation, Viola countered that the court should make a criminal referral to the Department of Justice, asking the US Attorney in the Southern District of Ohio to investigate criminal activities of Kasaris and his colleague Mark Bennett, which are supported by evidence presented to the Court in this case and includes:

  • Intrusion into the Sixth Amendment Right to Counsel

Prior to the first trial, Prosecutors Bennett and Kasaris directed their office manager, Dawn Pasela, to pose as a graduate student studying criminal justice and working with local defense attorneys on similar cases and record a series of post-indictment conversations with Tony so Bennett and Kasaris could obtain confidential defense trial strategy information.  Ms. Pasela also donated finds towards Tony's legal fees so prosecutors could use her cancelled check to identify the law firm's bank account.  Then, the FBI tracked investigative expenses and identified potential defense witnesses -- who were promptly threatened with indictment if they testified for Tony's defense.

  • Witness Intimidation leading to the Death of Ms. Pasela

Following the jury verdict at the first trial, but before federal sentencing or the start of the second trial, Ms. Pasela provided Viola with exculpatory evidence prosecutors failed to produce before the first trial.  Ms. Pasela offered to testify at Tony's second trial about prosecutorial misconduct.  Bennett, Kasaris and other law enforcement officials all threatened Ms. Pasela with indictment and federal prison if she appeared in court.  Ms. Pasela was found dead in her apartment shortly after her scheduled testimony, but no inquiry into the circumstances surrounding her death has ever been conducted.

  • Romantic Relationship between Kasaris and Government Witness Kathryn Clover

Family members and colleagues of Assistant Ohio Attorney General Dan Kasaris alleged that he had a romantic relationship with government witness Kathryn Clover, who testified in a dozen criminal matters.  These individuals provided sworn affidavits (which were attached to the initial complaint) and copies of private Yahoo emails from Kasaris (affixed with his official signature) to Ms. Clover that discuss “hand jobs” and “banging in the car.”

In addition to 600 pages of Kasaris-Clover emails, Kelly Patrick, the former sister in law of Kasaris, provided the undersigned with nearly 150 pages of Facebook messages from Kasaris’ wife Susan, complaining about Daniel Kasaris’ affair with Kathryn Clover and the her decision to throw Kasaris out of the family home on Beckenham in North Royalton.

  • Knowing use of perjured testimony to “win” convictions

Federal Prosecutor Mark Bennett stated in writing that government witness Kathryn Clover “provided false testimony” at criminal trials, yet continued utilizing her as a witness in a dozen other proceedings, USA v. Clover, 10-cr-75, Docket # 46.  According to Bennett, using her false testimony “was in the interests of justice” and that withdrawing her false statements “jeopardized the outcome of the case.”

  • Government Admissions of Making False Statements about Evidence

Both the FBI and the Department of Justice recently admitted making false statement about evidence and that it discovered 10,000 documents in the FBI records system that the FBI had not been previously aware of, Viola v. Department of Justice, Case: 18-2573, Third Circuit, Document: 99 Page: 2. Assistant U.S. Attorney Michael Colville said the Justice Department “regrets those inaccuracies and the resulting inconvenience.”

  • Hidden Exculpatory Evidence may Affect 1,000 Criminal Cases

The multi-jurisdictional Task Force that prosecuted Viola also prosecuted 1,000 other American citizens, but evidence Viola presented at that second trial likely exonerates most if not all Task Force defendants, particularly in cases where Kathryn Clover testified.

  • Newly discovered evidence of wrongdoing by prosecutors

Within the previous 60 days, the FreeTonyViola.com investigative team has obtained new evidence that former Assistant United States Attorney Mark Bennett was recently fired for serious misconduct by the U.S. Attorney in Cleveland, while the Pasela family is providing additional documents and information about misconduct committed by Kasaris and Bennett.

ABOUT FREETONYVIOLA.COM:  FreeTonyViola.com’s mission is to shine a bright spotlight on the ‘win at all costs’ tactics, prosecutorial overreach and misconduct the United States Department of Justice employs when prosecuting American citizens.  Tony Viola was investigated by the Cuyahoga County Mortgage Fraud Task Force, a multi-jurisdictional task force comprised of state, local and federal agencies, and prosecuted in parallel federal and state cases. He lost the federal case but won the subsequent state trial.  The website, originally created to solicit leads for Tony’s investigative team, has evolved into a tool to keep the public informed about critical developments in his case, and to share information that could potentially assist others who have been wrongfully ensnared by our criminal justice system.  For additional information, visit http://www.FreeTonyViola.com; friend us on Facebook at https://www.facebook.com/tony.viola.9212; or follow us on Twitter @TonyViola.