Suit Seeks Order Compelling Prosecutors to Report Misconduct in Tony Viola's Criminal Case

Tony Viola was tried twice on identical charges by a multi-jurisdictional Task Force, proved his innocence at a second trial yet remains in federal custody.  Newly filed litigation asks a federal judge to order prosecutors, including U.S. Attorney Justin Herdman, to report the following misconduct in Tony’s case:

  • The FBI shifted evidence proving Tony’s innocence from the U.S. Attorney’s Office to the multi-jurisdictional task force location, then pled ignorance to evidence at that location.
  • Prosecutors Dan Kasaris and Mark Bennett directed the Task Force’s Office Manager, Dawn Pasela, to pose as a graduate student studying criminal defense offering to assist Tony’s defense team.  Ms. Pasela recorded a series of post-indictment conversations with Tony, and donated money towards his defense, so prosecutors Mark Bennett and Dan Kasaris could obtain confidential defense trial strategy information.
  • Prosecutor Bennett stated in writing that government witness Kathryn Clover lied at Tony’s first trial.  Not only did Bennett fail to withdraw the false testimony, he and Kasaris continued using Clover’s false testimony in several other proceedings until, finally, Clover recanted her federal court testimony at Tony’s second trial then took the Fifth Amendment -- as a government witness!
  • A myriad of attorneys and prosecutors know that Kasaris and Clover had a romantic relationship for several years and exchanged hundreds of spicy e mails, including one where Dan Kasaris professed his “endless love” for Clover. 

     The Code of Federal Regulations, the Rules of Professional Conduct and the American Bar Association all require attorneys to report – not cover up – misconduct by prosecutors.  This newly filed litigation asks a federal judge to issue a declaratory judgment that defendants are obligated to report misconduct that came to light at Tony’s second trial.  The complaint, which includes attachments proving all allegations, is available in the evidence locker, Viola v. Yost, et. al., 1:20-cv-765, N.D. Ohio, Judge Pamela Barker presiding.

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