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Opening statements expected to begin Tuesday in federal trial for former Toledo councilman

Gary Johnson accused of accepting bribes in exchange for favorable votes from council.

TOLEDO, Ohio — The federal corruption trial of former Toledo city councilman Gary Johnson is expected to begin Tuesday.

Opening statements and testimony are scheduled to begin Tuesday morning in Judge Jeffrey Helmick's federal courtroom.

Johnson is accused of accepting $3,000 in 2020 in exchange for a favorable zoning request vote from council.

At a hearing in January, Johnson's defense team said Johnson believed he was accepting a campaign donation and when he realized it might not be acceptable, he turned it over to his attorney, David Klucas.

Klucas was originally serving as co-counsel in Johnson's trial, but he was dismissed in January because he could possibly be called as a witness.

The Model Rules of Professional Conduct for lawyers prohibit a lawyer acting as counsel and witness in the same trial, except for rare occasions. In sustaining the government’s motion to have Klucas removed, Judge Helmick said it was best to disqualify him and have him available later as a witness. 

Gregory Gilchrist was later appointed to replace Klucas. He and Richard Kerger will serve as Johnson's defense lawyers.

Johnson is one of four Toledo City Council members arrested in 2020 and charged in the federal corruption case. The three other defendants --  former council members Tyrone Riley, Larry Sykes and Yvonne Harper -- pleaded guilty in December to accepting bribes during their time in office in return for legislative support, according to the U.S. Department of Justice.

In December, Riley and Sykes pleaded guilty to one count of Hobbs Act extortion under official color of right, which means a public official wrongfully took money or another valuable not owed to them or their office.

Harper pleaded guilty to one count of Hobbs Act conspiracy. Riley, Sykes and Harper are scheduled to be sentenced later this month. The charges the three face all carry up to 20 years in prison, up to $250,000 in fines and up to three years of supervised release. 

Johnson is also accused of violating the Hobbs Act.

Local attorney Keith Mitchell was also charged in the case in 2020, but he died in 2021 before facing trial. He was accused of accepting bribes on Harper's behalf.

In May, local businessman Nabil Shaheen pleaded guilty to facilitating a bribe between Riley and a businessman. That bribe involved a favorable zoning vote on a planned internet cafe.

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