Hide Article Text (OCR)
THE MASSILLON NEWSJUNE 29, 1977 THREEJudges study Tilton Thompson appealsAkron and Cleveland judges are studying the convictions of Myron Tilton and Gary Thompson in connection with the deaths of three Massillon firemen at the La Cuisina Restaurant Nov. 30, 1975.Appeals Judge William Victor and retired appeals Judge Oscar Hunsicker, both of Akron and Appeals Judge John Corrigan of Cleveland heard arguments in the dual appeal in Canton after judges of the Ohio Fifth District Court disqualified themselves.The fifth district jurists are David D. Dowd and Norman J. Putman, both Massillonians and former county prosecutors, and Leland Rutherford of Mount Vernon.The visiting judges are studying written briefs in the case and reviewing them in light of the arguments presented.Thompson, 33, and Tilton, 36, both of Canton, are serving lifeprison terms imposed after a three-judge panel headed by Stark County Common Pleas Judge William A. Morris found them guilty of aggravated murder last July.Allegedly the restaurant fire was set by Tilton, Thompson and Fred Dalesandro, who turned state’s evidence and is serving a 5-year term for arson.Dalesandro testified that they were to be paid by restaurant owner Louis J. Battista through his manager, Joseph Paone.Last September a Stark County Common Pleas Court jury acquitted Battista and Paone of all charges in the fire and deaths.During the Battista-Paone trial James Michael Scott, once an informer for federal law enforcement agencies, was arrested on a murder charge in the shooting death of James Tilton, Myron’s brother. Taped “confessions” in that case were played for the Battista-Paone jury.Attorneys Ralph Ross and Joseph Calabretta, who represented Thompson and Tilton in the appeal, alleged six errors in the trial.They claimed errors included an allegation that Scott had perjured himself in the Thomp-son-Tilton trial when he claimed he did not know where Jim Tilton was. He has been missing since May 1975.Ross argued that Scott’s testimony as corroboration to Dale-sandro’s was needed to sustain a conviction.Ross also claimed that his appeals clients had been denied effective counsel, because Harry Schmuck, who represented them along with Public Defender Thomas Borcoman in the trial, was involved in a conflict of interest.In the later trial, George Bevington testified for the prosecution that he had supplied gasoline to Dalesandro for his farm machinery on Nov. 28 and 29, 1975. He said he was advisedby Schmuck to go to the prosecutor with the information after learning about the gas-fueled explosion.Ross also alleged that technical errors in the trial were made concerning cross-examination, and in interpretation of the intent in the aggravated murder statute.No verdict is expected for at least a month./n______a •
Newspaper Details
Massillon News
Massillon, Ohio, US
Wed, Jun 29, 1977
Page 14
Full Page
Clipped by
Danielle Z.
AL, USA 25 Mar 2025
Other Publications Near Massillon, Ohio
Massillon Daily Independent
Massillon Item
Massillon News
Massillon Independent
Evening Independent
