Trial date set for former Greene DA, chief detective
A trial date has been set for a former Greene County district attorney and his former chief detective who are alleged to have used their positions to go after political foes.
David Russo, 49, of Holbrook, and Zachary Sams, 41, of McDonald, are now scheduled to stand trial beginning Oct. 13. Both appeared in Greene County Court of Common Pleas for a hearing Monday.
During his term as district attorney, Russo, with the help of Sams, is accused of engaging in malicious prosecutions and investigations against a number of Greene County officials, including county solicitor Eugene Grimm and former county commissioner Mike Belding.
Russo was defeated after one term in 2023, losing to current District Attorney Brianna Vanata in the Republican primary.
A hearing on the defense’s motion for a change of venue was set for July 21. In his motion, Russo’s attorney Stephen Stallings argued Russo would be unable to get a fair trial in Greene County due to negative publicity and his status as a well-known former public official.
Deputy Attorney General Heather Serrano argued in her motion that there was no evidence presented to show the pre-trial publicity had met the standards required to move the proceedings, which include demonstrating the publicity was “sensational, inflammatory, and slanted toward conviction.”
Senior Judge John Wagner, who is presiding over the case after the recusal of both Greene County judges, told defense attorneys his gut feeling was that he wouldn’t grant the change of venue “unless you can demonstrate that we can’t seat a jury.”
Both sides were given a deadline of Sept. 14 to submit questions they wanted asked of prospective jury members. Wagner told the attorneys he would be presiding over the jury questioning himself, though he would consult the attorneys if there had been anything missed.
“The most effective thing I can think of that will move it along is to keep the three of you quiet, because you’ll muddy it up,” he said, addressing the attorneys for both sides.
The two sides were also seeking discovery for evidence they believed could be exculpatory. Lawrence Bolind, Sams’ attorney, said after the hearing he was looking for an in-camera review of grand jury testimony from someone who had testified that an attorney from the governor’s office had told Russo conduct relating to an election was “criminal in nature.”
Serrano said Monday she had no problems turning over testimony, but had waited until a trial date was certain to avoid running afoul of statutory guidelines.
By June 30, Wagner ruled, the attorney general’s office should also provide a list of any witnesses who the defense didn’t know about through discovery. Serrano said she didn’t know of any.
Wagner said by the June 30 deadline, the attorney should submit a brief on what portions they agree about, in order to clarify what would need to be settled at the July 21 hearing.
Sams and Russo face misdemeanor charges of retaliation for past official action and official oppression, each paired with conspiracy charges.
Russo is also charged with a felony count of conflict of interest and a misdemeanor count of misapplying entrusted government property.