Published May 10, 2008 02:32 am - CONNEAUT — Jacob Chicatelli’s fellow councilmen were discreet Friday when asked about on his guilty verdict on a drunken-driving case.
Conneaut council mum on Chicatelli verdict
Refusing blood test was the clincher, says juror
By MARK TODD - Staff Writer - mtodd@starbeacon.com
Star Beacon
CONNEAUT — Jacob Chicatelli’s fellow councilmen were discreet Friday when asked about on his guilty verdict on a drunken-driving case.
Three members — Council President James Jones, Ward 1 Councilman Dave Campbell and Ward 4 Councilman Tony “Dino” Julio — declined comment on the matter. Ward 2 Councilman Charles Lewis, Ward 3 Councilman Greg Mooney and Councilman-at-Large Chris Castrilla could not be immediately reached for comment.
After a two-day jury trial, Chicatelli — an at-large councilman — was found guilty of operating a motor vehicle under the influence, as well as the companion charge of OMVI and refusing a chemical test with a prior conviction.
The trial stemmed from an arrest made early on the morning of June 23. As a repeat offender, Chicatelli will ultimately spend 10 days in jail — the mandatory sentence — and another 36 days of house arrest
Chicatelli was arrested on an identical OMVI charge in December 2004.
The crime isn’t serious enough to remove the veteran lawmaker from council under provisions of Conneaut’s charter government, said Law Director Lori Lamer. OMVI isn’t a crime of “moral turpitude,” the standard specified in the charter, she said.
“It’s not considered a crime of moral turpitude,” Lamer said.
Based on his sentence, Chicatelli stands to be absent from several council meetings — but not enough to run afoul of the charter. A member may be removed if he misses three consecutive months of meetings without being excused by council, according to the charter.
Chicatelli’s jury of six women and two men deliberated nearly five hours before reaching a verdict Thursday night. One of the jurors, who asked not to be identified, said all but one member was ready to vote to convict soon after entering the jury room. The majority gave that person plenty of time to re-examine testimony and exhibits, the juror said. The hold-out eventually agreed Chicatelli was guilty.
The panel was very curious why Chicatelli refused a blood test knowing a good result would exonerate him, the juror said. “We all asked why would he refuse the test at the hospital?” the juror said.
Chicatelli testified he refused the test because he did not want personal medical information to become public knowledge.
The jury also discounted a photograph, reportedly of Chicatelli’s legs, that depicted incisions. Chicatelli testified leg pain from a surgical procedure two months prior to his arrest caused him to do poorly on field sobriety tests.
The panel wanted more proof the photo was authenticity, the juror said. “How were we supposed to know those were his legs?” the juror said.