(WJW) – Attorneys for former Cuyahoga County Commissioner Jimmy Dimora say he should be released from prison early after a judge tossed out two of his convictions last month.
They also argue that the judge should shorten Dimora’s sentence even more because of his age and deteriorating health.
The 12-page document was filed in U.S. District Court in response to Judge Sara Lioi vacating two of Dimora’s 32 federal corruption-related convictions.
In the court documents, his attorneys say not only should his sentence be lowered, but they claim Dimora is so sick that he should also be eligible for house arrest.
In 2012, Dimora was convicted of numerous bribery-related federal crimes and sentenced to 336 months, which equals 28 years, behind bars.
Last month, Judge Sara Lioi vacated two of Dimora’s convictions on extortion and conspiracy to commit extortion.
Because of that, his attorneys say the monetary loss Dimora is responsible for dropped from nearly $452,000 to more than $417,000, placing him in a lower sentencing range of 19 and a half to 24 years.
On top of that, attorneys say the 66-year old Dimora’s health has deteriorated to an unusual degree, which the court should consider in reducing his sentence even further.
They argue, “elderly offenders pose so low a risk to the public that long or otherwise harsh sentences have little to no utilitarian benefit.”
According to court records, Dimora has a heart defect, an intestinal disorder, an inner-ear equilibrium problem and needs a knee replacement.
Attorneys say, “he suffered a stroke, is diabetic and is in a wheelchair.”
They also argue he is at high risk for catching COVID and “has contracted COVID twice, once became very ill, but has survived.”
Dimora is currently serving time at a federal medical center in Massachusetts for inmates with advanced medical needs.
The court documents claim 93% of offenders similar to Dimora receive sentences lower than the guidelines, and three quarters of them receive sentences of 12 years or less.
Dimora’s attorneys also argue that, due to his age and poor health, serving the remainder of his time in home confinement may even be warranted.
Dimora’s current release date is set for Feb. 11, 2036.
A re-sentencing hearing is scheduled for June 8.
We reached out to the U.S. Attorney’s office, but a spokesman says they have no comment on the case.