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Conviction tossed in counterfeit purse case
A grandmother who was sentenced to three years in prison after being convicted of selling knockoff designer purses in Kirtland has been released early.
The 11th District Court of Appeals ruled this week that Juanita Troisi, 69, of Youngstown should never have been convicted on charges of trademark counterfeiting and possession of criminal tools.
"She was really happy. It was a total shock to her. She was sitting there and a lady came up to her and said, 'Get your stuff. You're going home.' She was like, 'Yeah, right.' "
Troisi was arrested on Feb. 3, 2007, after police raided a purse party she was hosting at the Kirtland Grange, seizing cash and more than 1,700 purportedly counterfeit items from names including Coach,[url=http://nikefree.mobilejeti.com]billige nike free[/url], Louis Vuitton and Gucci.
Lake County Common Pleas Judge Eugene A. Lucci sentenced her to prison in March after a jury convicted her on the two felony charges.
Vitantonio appealed the conviction and sentence on the grounds the verdict is not sustained by sufficient evidence.
In a 21 majority opinion, Judge Cynthia Westcott Rice stated the trial court erred by overruling the defense attorney's motion for a new trial.
In addition, Rice stated the judge should not have allowed a Cleveland police officer to testify as an expert witness that the items were fake since he had never viewed the genuine trademarks. Continued.2
"(The officer's) testimony was both misleading and legally insufficient to prove the ultimate issue," Rice stated in her opinion.
"(His) testimony was improper because it was introduced without a proper foundation."
But Judge Timothy P. Cannon disagreed with his colleagues in a dissenting opinion.
"I believe the state submitted sufficient evidence to sustain Troisi's convictions," Cannon stated.
"Judge Cannon wrote a very good opinion, and I think he was correct," Coulson said.
Troisi had a prior trademark counterfeiting conviction in Stark County from 1999.2
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