Prosecutor accused of withholding evidence again; Lawyer wants case dismissed
It was July of 2021 when a Mahoning County Judge dismissed former Mahoning County Prosecutor Dawn Cantalamessa for withholding evidence in a murder case involving Lavontae Knight. Cantalamessa resigned shortly after.
Knights attorney, Dave Betras, says Cantalamessa has done it again, in a separate murder case for Knight. Betras filed a motion on Thursday to have that case dismissed.
It was December 30, 2018 when Trevice Harris and a woman were kidnapped and shot in the woman's Mercedes SUV which was found at a Shell gas station on Market Street. Harris later died.
Investigators determined Lavontae Knight was the suspect and slapped him with a slew of charges including murder.
With the case set to go to trial March 7th, Betras says Cantalamessa had evidence in the case dating back more than two years and it wasn't turned over until this past Tuesday, February 22.
According to the motion to dismiss the case which was filed on Thursday, evidence was sent to BCI from the woman's Mercedes and Harris' Jaguar. They didn't find Knights DNA, but rather the DNA of another man and the woman was unable to identify the man whose DNA was found.
Betras says because they never received that discovery and evidence, Cantalamessa violated Knights due process rights and the case should be dismissed.
You may recall, back in July, a judge threw Cantalamessa off the murder case where Knight is accused of shooting Joshua Donatelli. Betras cited the same issue - withholding evidence. A trial date for that case has not been scheduled.
In his motion, Betras says it's his belief that Cantalamessa sat on evidence in the Harris case because it would derail her case for Donatelli.
In a statement to 21 News, Betras says, "It has been verified once again that Dawn Cantalamessa has withheld evidence in a case where my client maintains his innocence. It appears that this evidence may actually serve to exonerate a man that has been held in jail for over three years. I will persue all paths that serve to prevent future abuses by Dawn Cantalamessa and those complicit to her disregard of basic constitutional rights."
Cantalamessa, who is now working for the Ashtabula Prosecutors Office and is running for Common Pleas Judge in Trumbull County, tells 21 News, "The allegations in Mr. Betras' motion are as false as he is disingenuous and pathetic. What is clear from the filing is that Mr. Betras is trying to once again squeeze a 2-time accused murderer through the window of reasonable doubt by attempting to try his case in the press. Mr. Betras is using his usual and customary bullying tactics to defame me. Moreover, because I am running for Judge in Trumbull County, he is improperly trying to interject himself into Trumbull County politics. His tactics are typical and unprofessional, but not surprising."
Cantalamessa also says she received a letter regarding her standing to practice law in the state of Ohio. She says her record as an attorney in this state has been and remains unblemished.
"Any statement by Mr. Betras to the contrary should be viewed with skeptical eyes and seen for what it is..someone trying to pervert the interests of justice for personal gain and unfairly influence an election in a county in which he doesn't reside."
Betras said, "In the last case Judge Durkin found her to be less than honest in the case. In this case, I'm just discovering her dishonesty."
A hearing for the motion is scheduled for Tuesday, March 1.