
Gondor
and Resh Leave Jail
New trials set for March, April
By Ed Meyer
Beacon Journal staff writer
January 19, 2007
RAVENNA - Randy Resh and Bob Gondor,
who won new trials in the Ohio Supreme Court for a 1988 murder they
insist they did not commit, were granted bond Friday during separate
hearings at the Portage County Courthouse.
Gondor was the first to be released from the
county jail at 1:15 p.m. in a remarkably poignant day that was not
without its difficulties.
After posting a $10,000 cash bond set by Common
Pleas Judge John A. Enlow, Gondor walked out of a secure area inside
the jail, stepped into the lobby with a broad smile and embraced his
mother, Julia Farago of Barberton.
But Resh, who was given the option of a
$250,000 property or surety bond by Judge Laurie J. Pittman in the
first hearing, was not released until early evening.
His lawyers had encountered problems showing
two family homes in Mantua had a combined value of double the bond,
($500,000) -- a situation not resolved until Gondor's brother, Jim,
pledged the Mantua home of their late father.
The finishing touches on that paperwork were
done just minutes before the clerk's office closed, avoiding another
weekend behind bars for Resh.
``We just got it in,'' Jim Gondor said.
Bob Gondor will be staying at that home as he
awaits a new trial. His trial was scheduled for April 18. Resh's was
scheduled for March 27.
Resh, 43, and Gondor, 42, were tried separately
and convicted of participating in the August 1988 kidnapping, attempted
rape and murder of Connie Nardi, 31, of Randolph Township.
However, after years of appellate proceedings,
the Supreme Court vacated their convictions in a unanimous decision on
Dec. 26 and ordered new trials based on ineffective defense lawyers.
Justice Paul E. Pfeifer, who authored the
23-page high court opinion, cited four categories of potentially
exonerating evidence that the trial lawyers never used.
``Without the benefit of that evidence,''
Pfeifer wrote, ``this Court finds that the verdicts are not worthy of
confidence.''
It was the same finding -- ``not worthy of
confidence'' -- that visiting Judge Charles J. Bannon used in July 2002
when he issued the first orders for new trials.
And when Gondor finally walked out of the jail
-- free for the first time in more than 16 years -- he referred to
those findings in his first comments to reporters waiting for him in
the jail lobby.
Finally, asked by a television reporter if he
killed Nardi, Gondor replied firmly: ``No.'' He said he was innocent.
And he said his lifelong friend, Resh, was likewise innocent.
``We did not participate,'' Gondor said, ``in
any way, shape or form in the death of Connie Nardi. And that will come
out in the second trial.''
Moments later, Gondor and his mother,
stepfather, brother and several friends walked out into the heavy
snowfall and drove straight to his father's home.
Gondor had said in the immediate aftermath of
the Supreme Court ruling that the first thing he planned to do if he
was released would be to visit his father's grave at Westlawn Cemetery
in Mantua. His father, a machinist until he was incapacitated in an
auto accident in 1997, died in 2002, four months before Bannon issued
his new trial orders.
But that plan was put on hold.
``The bond conditions were straight home, so we
decided it would be more prudent if we just went home,'' Gondor said
Friday night.
When he arrived, he said, he went immediately
to the back yard and stood there for about five minutes, trying to
remember things he last saw when he was in his 20s.
``Things have changed. Everything looks smaller
now,'' Gondor said. ``I guess a lot has changed.''
The remarkable day -- supporters wore orange
ribbons, filled both courtroom seating sections to capacity and spilled
into the hallways -- began with Resh walking into Pittman's court
shortly before 9 a.m. He was wearing orange-striped county jail
clothes, shackled at the wrists and ankles.
Assistant Portage County Prosecutor Thomas R.
Buchanan had the first say. He asked Pittman for a $1 million cash
bond, saying Resh posed a danger to the community and was more of a
flight risk now than before his original trials.
Now that Resh knows the ``weight of evidence''
the state has compiled against him, Buchanan reasoned, the risk of his
running away is far greater.
But in short order, Pittman went against the
prosecution's recommendations, set Resh's trial date and a hearing date
sometime next week to consider a defense motion to consolidate both
trials.
``There is no reason for (further) delay,''
Pittman told the packed courtroom. ``That would be unjust.''
Buchanan, who strongly objected to Resh's
defense lawyer's trying to rebut the evidence that Buchanan said the
state had compiled, followed the same pattern at Gondor's hearing, also
asking for a $1 million cash bond for him.
But unlike his tone at Resh's hearing, Buchanan
appeared more subdued as he repeated his arguments.
In Enlow's court, there were nearly 60 in
attendance, including about 10 Portage County lawyers and courtroom
personnel allowed to stand in the rear of the courtroom.
Afterward, Jim Gondor fought back tears as he
tried to describe his feelings driving into town from his Florida home
Thursday night.
There was no gloating.
``We're preparing. We're ready to go forward,''
he said.
But perhaps the most touching moment of the day
occurred as Resh left the courtroom escorted by sheriff's deputies.
There were more than 40 supporters in the gallery. Many were waving to
him, and someone said: ``See you at home, Randy.''
Mike Resh said after the hearing that his
brother will be living at their parents' home, a ranch-style residence
on two acres in Mantua.
He dismissed the notion that his brother would
run away.
``He's never flinched from his innocence,''
Mike Resh said. ``For 16 years, he's fought for this moment. He isn't
going anywhere.''
Under terms of both bonds, Resh and Gondor must
remain under house arrest with electronic monitoring and have no
contact with the victim's family.
Efforts to contact Nardi's ex-husband, Michael
N. Nardi, have been unsuccessful.
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