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In the five months since she was released from
prison, Cindy George has left her palatial home to go to Mass,
meet a few times with girlfriends and attend her daughter's high
school graduation, her lawyer said.
She will remain in self-imposed seclusion
despite the Ohio Supreme Court's decision Wednesday not to review
the reversal of her conviction for plotting with one lover to kill
another, the lawyer said.
That ruling closes the case.
"She was very happy but wants to be able to
have life calm down for the kids and the rest of the family," said
her attorney Bradley Barbin. "You need a low profile for that."
George, 53, who faced national media scrutiny
during her murder trial and release, will not sue the Summit
County prosecutor's office for wrongful prosecution, Barbin said.
"There is not a mean bone in her body," he
said. "People really never got the untold story of Cindy George."
In a written statement, George said, "With this
decision and the closure it provides, it is time that we as a
family move forward with our lives."
Prosecutors, who maintain George plotted with
lover John Zaffino to kill her former lover Jeff Zack, are
disappointed George is free.
"The justice system was created with appellate
rights and this office respects the legal system and therefore,
accepts the decision of the Supreme Court," Prosecutor Sherri
Bevan Walsh said in a statement.
Zack, 44, of Stow, was fatally shot in the face
on June 16, 2001, as he sat in his sport utility vehicle at a gas
pump. Witnesses saw a motorcycle and driver with his face obscured
by a dark helmet leaving the scene.
Zaffino, 40, was arrested about a year later.
He was convicted of murder in 2003 and sentenced to life in
prison. All appeals have failed.
George was arrested in January 2005.
She did not testify in her trial before Summit
County Common Pleas Judge Patricia Cosgrove. Cosgrove ruled that
George was guilty of complicity to commit aggravated murder and
sentenced her to life in prison without a chance of parole for 23
years.
George served 16 months before she was released
March 22 after the 9th Ohio District Court of Appeals ruled that
the circumstantial evidence presented by prosecutors, including
telephone records, letters and financial documents, was not
sufficient to prove her guilt beyond a reasonable doubt.
George's husband, Ed, and their seven children
have provided unwavering support, Barbin said.
She has remained sequestered in her Medina
County home by choice, preferring to spend time with her children,
he said. She has undergone counseling.
"She has a very strong faith and believes in
her family," Barbin said. "And she wants to thank all the people
who were willing to support her despite those who rushed to
judgment and found it so easy to kick someone when they are down."
Ohio.com
June 16, 2001
Jeff Zack, a 44-year-old Stow businessman and
former paratrooper in the Israeli army, is shot execution-style at
a gas pump in the parking lot of BJ's Wholesale Club on Home
Avenue. Witnesses say the black-clad shooter was on a Ninja-style
motorcycle with lime-green trim.
June 16, 2002
A year has passed and police have made no
arrests. They know Zack had enemies; he fought with his neighbors;
he was an unfaithful husband and had been involved in some
questionable business dealings.
Sept. 25, 2002
John F. Zaffino, 36, of Chippewa Township, is
charged with aggravated murder. Police say Zaffino was the
black-clad motorcyclist.
Feb. 26, 2003
The Zaffino trial opens. Assistant Summit
County Prosecutor Michael Carroll tells jurors that Jeff Zack's
love affair with the wife of a prominent Akron restaurant owner
ultimately led to the murder. He says Cynthia George, wife of
Tangier owner Ed George, had a long affair with Zack that ended in
May 2001, nine months after she found another paramour in Zaffino.
Carroll alleges Zack's dissatisfaction with the breakup led him to
harass Ed and Cynthia George and feud with Zaffino. The
dissatisfaction, he said, also led to Zaffino's plan to kill the
Stow man.
March 7, 2003
Cynthia George is called to testify. She
invokes her Fifth Amendment right against self-incrimination.
March 11, 2003
Trial ends with Zaffino's attorney arguing that
the evidence against his client is circumstantial. Zaffino
maintains his innocence. Jurors take less than four hours to
convict Zaffino.
March 17, 2003
Zaffino is sentenced to life in prison. Neither
police nor prosecutors will comment on when, why or whether
Cynthia George will be charged. Akron police Lt. David Whiddon
does say that George remains a suspect in Zack's murder and that
the department's investigation is ongoing.
Dec. 31, 2003
9th District Court of Appeals upholds the
Zaffino conviction.
Nov. 17, 2004
A&E's American Justice series airs an hour-long
show about the Zack murder titled ''Who Whacked Zack?'' The show
focuses on Cynthia George and questions whether more arrests will
be made. Prosecutors cite a lack of evidence.
Jan. 10, 2005
Cynthia George is arrested and charged with
complicity and conspiracy to commit aggravated murder.
Nov. 10, 2005
George's five-attorney defense team says after
talking with potential jurors for three days that George cannot
get a fair trial in Summit County because of pretrial publicity.
The lawyers opt instead to try their case before Judge Patricia A.
Cosgrove.
Nov. 14, 2005
The trial opens with defense attorneys saying
George had no motive to kill Zack after breaking up with him a
month before the murder.
Nov. 23, 2005
Testimony ends with Ed George announcing his
support for his wife and attorneys giving final arguments.
Cosgrove announces she will deliberate over the four-day
Thanksgiving holiday and deliver her verdict at 11 a.m. Nov. 28.
Nov. 28, 2005
Cosgrove acquits George of conspiracy to commit
aggravated murder for an aborted hit on Zack's life at a local
park, but finds George guilty of complicity to aggravated murder.
She sentences George to life in prison without parole for at least
23 years. George's attorneys promise an appeal.
Nov. 30, 2005
Cynthia George is transported to the Ohio
Reformatory for Women in Marysville.
Dec. 15, 2005
Trial lawyers file appeal with the Ninth
District Court of Appeals.
March 23-24, 2006
George's trial lawyers Michael Bowler and
Robert Meeker are replaced by Columbus attorneys Bradley Davis
Barbin, Max Kravitz and Jacob Cairns.
Jan. 3, 2007
Cynthia George's new lawyers argue for a
another trial, saying that her trial lawyers had conflicts that
warranted removal from the case.
March 21, 2007
Ninth District Court of Appeals, in a 2-1
ruling, says that there was insufficient evidence to convict
George, effectively allowing her to go free.
Aug. 29, 2007
The Ohio Supreme Court declines to accept an
appeal from Summit County prosecutors. Barring the high court's
reversal of its own decision, George will remain free and can
never be tried again. A wrongful death lawsuit against the Georges
and Zaffino by Zack's family is scheduled for trial in November.
BY Katherine Ramsland - TruTV.com
Lover's Triangle
Jeff Zack typed the name "Cynthia George" into
a search engine. After a ten-year extramarital love affair, she
had broken up with him. They'd had their troubles of late, but he
had not expected to lose her. Now he was trying everything of
which he could think to reconnect. If he realized that she was
involved with another man, he either did not know or did not care
how dangerous that person might be. He was persistent.
It was the morning before Father's Day, and as
he performed his obsessive search, Zack's wife and son were in
another room nearby, unaware of what he was doing. Without any
explanation to them, he left home. He didn't even take time to put
on his shoes. But he usually went out on Saturday mornings to
purchase supplies from BJ's Wholesale Club to fill his various
vending machines. It was his routine, so they thought nothing of
it.
He drove his Ford SUV to Home Avenue in Akron,
Ohio, and stopped at a gas pump to refuel. He did not know that
someone waiting for him was now watching him.
The other man involved with Cynthia George knew
Zack's regular visit to the store and was in the parking lot,
seated on a motorcycle. Anyone who noticed him would have seen
that he was dressed all in black and had even shielded his face
with a dark visor. He looked like some sort of Ghost Rider,
strangely out of place on a summer day. But he was all too real.
He touched a holstered revolver, recently purchased, to reassure
himself it was ready.
When he spotted Jeff Zack's car at the gas
pump, he rode over and pulled up behind him. Getting off the bike
as if preparing to fill it, the dark biker walked calmly instead
to the passenger-side window of Zack's SUV, lifted the gun, and
fired a single shot. It shattered the glass and hit Zack square in
the head. He slumped over onto the steering wheel in a spray of
blood that covered the inside of the windshield and driver's
window.
Carolyn Hyson, the pump attendant, stood only a
few feet away, too surprised to move. The biker appeared to look
right at her, although she could not see his face through the
visor, before remounting to roar away. Afterward, she was amazed
that he hadn't shot her as well. Clearly, this was a calculated
hit.
Once she was able to act, Hyson shakily called
911 to get the police and an ambulance there. She was able to
describe to responding officers the Ninja-style gray-and-black
motorcycle with lime-green stripes, and the heavy-set man with a
gun who had ridden it. However, for Zack, it was too late. At the
age of 44, he was dead, killed by a single copper-jacketed
hollow-point bullet.
The biker made a call before he rode over the
state line to Pennsylvania, where he intended to establish an
alibi and get rid of the bike. Having purchased it recently, he
apparently had only one use for it.
It took detectives only a day to connect Jeff
Zack with Cynthia George, who was married to the wealthy owner of
the Tangiers Restaurant. They even knew that one of her seven
children had probably been fathered by him. However, she already
had a lawyer and he blocked their inquiries. They also learned
about Cynthia George's new paramour, John Zaffino, but he had an
alibi: he was at a car show that day in Pennsylvania.
Nothing about this case was going to come easy.
In fact, over a year would pass before police had a solid piece of
evidence. In the meantime, they learned what they could about the
victim. This case was heavily covered in the Akron Beacon Journal
and Cleveland Plain Dealer, as well as by the A&E series, American
Justice because the woman with whom Zack had been involved was the
wife of a prominent businessman, well-known in the community. The
case proved to be a sordid Midwestern version of the lifestyles of
the rich and famous. In fact, the intrigue would grow more
complicated the more was learned about the adulterous web of
Cynthia George.
Unfaithful Husband
Investigators learned that Jeff Zack had a few
enemies, according to reporters. He was a difficult man with a
sharp temper, who often fought with neighbors over trifling
things. He'd also had a few business dealings that could have
inspired someone to shoot him, and he'd hit on several married
women and had been unfaithful to his wife. In short, there were
several suspects for this crime, but little evidence linking any
of them to the shooting.
Abandoned as a child by his biological father,
Zack had taken the name of his stepfather. He was educated,
multi-lingual, and successful as a stock broker. Tall and
handsome, he had a reputation as a womanizer, as well as for
defying the law. In 1981, he'd been convicted in connection with
an illegal escort agency in Arizona, and in 1996, he had grabbed
an adolescent girl in a hardware store and kissed her. At the
time, he'd been married for ten years to his wife, Bonnie Cook.
When his firm in Arizona had been caught mishandling money in
1991, he had moved to Akron to start over. It wasn't long before
he spotted Cynthia George at the Tangier bar. He was instantly
obsessed.
In her late thirties at this time, Cynthia was
a small-town girl and aspiring beauty queen. Blonde and slender,
she was also quite flirtatious and married to Ed George, fifteen
years her senior. Nevertheless, she still caught the eye of other
men. By some accounts, she freely hit on them.
In front of Bonnie, Zack acted openly enthralled, and she could
see trouble ahead. It wasn't long before he was embroiled with
Cynthia in an adulterous affair. Even so, the Zacks and Georges
became friends. Zack often came over to the George home on
weekends to take Cynthia on bike rides or for walks. He also
called her so frequently on the phone it was difficult to believe
he didn't realize how obvious he was being. Perhaps he did not
care.
Yet Bonnie would later say she did not
actually know they were having an affair until years later, in
1998, when she overheard one of Zack's conversations. She
confronted him, and he apologized and promised to change. He said
he would stop the affair but not his friendship with Cynthia.
Nonetheless, he remained obsessed, and it showed. Cynthia, too,
made frequent calls to him. Apparently, despite her palatial home
and wealthy lifestyle, she was bored. The nanny, Mary Ann Brewer,
said that Cynthia was away from home much of the time, while Ed
was the one who took an active role with the children. She
described Cynthia as self-absorbed. The idle rich can prove easily
bored, and even illicit affairs can grow stale.
The New Man in Her Life
Journalist Phil
Trexler reported in the Beacon Journal that Cynthia had met
unemployed trucker John F. Zaffino in 2000, and was soon involved
with him. Zaffino, 36, was known to have an aggressive temper,
especially when he drank. His first wife had left him after six
years, despite the son they shared. His second marriage, to
Christine Todaro, lasted only a few months, although he apparently
would later keep in touch with her.
Cynthia
became involved with Zaffino after he started taking her out for
walks, but she also kept up her affair with Zack. It was nine
months before she apparently decided in May 2001 that she no
longer wished to continue the relationship with Zack. She asked
him to leave her alone. He was not one to be so lightly cast
aside. He continued to call her. As she would tell it, she tried
to end the relationship many times over at least three years, but
he always threatened her.
Ed George became
perturbed by the constant phone calls to his home. He called a
friend on the police force to report them and to ask what to do.
He suspected Zack, but the caller frequently hung up. He did not
want a public investigation, so there was no follow-up. Still, he
suspected that his wife was at the heart of this trouble.
Cynthia apparently kept both Zack and Zaffino on the line,
literally at the same time, according to phone records. While
Zaffino spoke with her by cell phone, she would sometimes use a
second line to talk to Zack. No one else would learn what they
were all saying, but the tension was building.
However, Zack soon met yet another woman during a plane trip and
spent a week with her out of town. He seemed to have moved one. By
the next month, though, Zack was dead.
The Tip
A reward was offered about
information, and a tipster sent police to a woman who once had
been married to John Zaffino. She admitted that she'd been privy
to an odd conversation. In 2001, Zaffino had told her he'd just
beaten up a "white-haired Israeli." Then she read about the murder
of Jeff Zack, who was described as a former Israeli paratrooper
with silver-gray hair, and wondered if there was some connection.
She called Zaffino in the middle of the night and, as she put it,
he said, "Well, let's just say the guy's going to have a hard time
parting his hair from now on."
Investigators
then learned that Zaffino had recently made a motorcycle purchase,
although he had introduced himself to the dealer as John Smith. He
had mentioned that he did not plan to keep the bike for long. To
show the police the kind of bike that "John Smith" had purchased
on May 24, the dealer went to the Internet and did a search. He
came up with an identical bike for sale in McMurray, Penn.
It wasn't long before investigators put two and two together and
realized it was the same bike. The purchaser had bought it in May
and then taken it across the state line to sell it to another
dealer. That led them to Zaffino's first wife, whose fiance owned
the dealership. They had taken it in exchange for child support
that he owed. The ex-wife described how her former husband had
come during the night, eager to be rid of the bike, and had even
placed tape over the green stripes.
The
"coincidences" were coming hard and fast. While this discovery
wasn't solid evidence, it was strongly suggestive, and Zaffino
became the primary suspect.
Christine Todaro
agreed to wear a recording device and tape calls made to him,
beginning in June 2002. This lasted three months, over which time
Zaffino grew increasingly more paranoid. He even suspected her of
wearing a wire and warned her not to talk with the police. He
never admitted to anything directly.
Soon the
police found phone records that destroyed Zaffino's alibi. A
friend had said that Zaffino was at a car show about 40 minutes
away when Zack was shot. However, the records showed that he was
calling the friend on his cell phone at that time, rather than
being at the show. He actually had arrived at the show some two
hours after the shooting. There was reason to believe that the
witness corroborating the alibi had been intimidated into making a
false statement.
At the end of September,
Zaffino was arrested and charged with aggravated murder. The
police were confident that he was the black-clad man on the
motorcycle, and a search of his home produced cell phone bills
with many calls to Cynthia George. Then bank records were obtained
which indicated that she had withdrawn $5,300 just before Zaffino
had purchased the gray-and-black Honda CBR 1000 motorcycle and
some helmets for that amount. There were also calls between them
on June 16, before and after Zack had been shot, and a few days
later, when Zaffino had taken the motorcycle to Pennsylvania.
Investigators later surmised that there had been a plan in place
as early as May to lure Zack to a remote area, because a police
officer had come across Zaffino at Cuyahoga Valley National Park,
with an empty holster in his car. A few days later, someone found
a .32-caliber pistol in the nearby park. Zaffino had purchased a
.32-calibre not long before that, which he couldn't produce. Later
in the month, after this incident, he had also purchased a .357
Magnum, which took hollow-point bullets similar to the one that
had killed Zack. The circumstantial evidence was strong enough for
a case.
The Dark Rider's Trial
Zaffino went to trial
on February 26, 2003. Assistant Summit County Prosecutor Michael
Carroll offered evidence for his theory that Zaffino had snuffed
out Jeff Zack because of Zack's inability to let go of Cynthia
George after she ended their affair. He argued that Zack had made
harassing phone calls to the George residence and had become
involved in a feud with Zaffino over Cynthia. Since Zack had not
gone away quietly on his own, Zaffino then plotted to get rid of
him permanently. He'd made an aborted attempt in May and completed
the act in June.
On March 7, Cynthia George was
brought in to testify, but instead of clarifying her role, she
invoked the Fifth Amendment, citing her constitutional right to
not incriminate herself. Her husband did likewise.
The prosecution's best witness was Christine Todaro. She testified
about Zaffino's response to her question about the man he'd
assaulted. The tapes of her subsequent conversations with him
while wearing a wire were played for the jury.
Zaffino's attorney, Lawrence Whitney, claimed that the evidence
proved nothing. It was circumstantial at best. Truthfully, there
was no smoking gun and no eyewitness who could identify the
shooter. Zaffino did not testify on his own behalf or admit to an
affair with George. He remained mum.
On the same
day as closing arguments, though, after a four-hour deliberation,
the jury convicted Zaffino of aggravated murder. He declined
comment and was then sentenced to life in prison, without the
possibility of parole for at least 23 years. However, Zack's wife,
Bonnie, addressed Zaffino during the sentencing, accusing him of
being merely a fall guy, taking the heat while Cynthia George
continued to live her opulent lifestyle. Zack's son asked him,
"Was it worth it?" Both apparently wanted him to speak out and
reveal the whole truth.
The question remained
whether Cynthia George would be charged with anything, but at that
time the police would not reveal their next move, except to say
she was indeed a suspect and that they were continuing to
investigate the possibility that more than one person had been
involved with Zack's murder.
In December 2003,
the District Court of Appeals upheld Zaffino's conviction, but
Zaffino remained uncooperative.
Nearly a year
later, the A&E Network aired a show about the case, "Who Whacked
Zack?", which focused on the possible extent of Cynthia George's
involvement. The pressure was on to make an arrest, and the police
were in fact building a case.
On January 10,
2005, while Cynthia was out shopping at a Bath and Body Works
store, she was placed under arrest and charged with both
complicity and conspiracy to commit aggravated murder. Taken to
Summit County Jail, her bond was set at $10 million. She would now
have her own day in court. Given her status in the community,
interest in the trial was great.
The Woman in the Middle
Cynthia, now 50, sat
quietly during her arraignment, as her attorney, Michael Bowler,
asked for reduced bail, which was denied. He told reporters that
his client was "disappointed." She maintained that she had no
involvement with the shooting of Jeff Zack. Prosecutors said they
had new information that had allowed them to indict her.
They were referring to the evidence that Zaffino had planned an
earlier hit on May 8 at the Cuyahoga Valley National Park,
possibly aborted when a park ranger had happened by. Zaffino had
been at the bridge, talking on a cell phone with Cynthia for about
three hours. She was also talking with Zack at the time on another
line. The ranger spotted an empty gun holster and questioned
Zaffino about it. He said he'd left the gun at home and was there
waiting for his girlfriend. Over a week later, a mushroom hunter
came across a .32-calibre pistol in the park. Because Cynthia was
on the phone with Zaffino at the time, this incident was at the
heart of the conspiracy charge.
George was also
charged with complicity in Zack's June 16 fatal shooting. Her bank
and phone records supported the notion that she had known of the
incident and was involved.
At the next hearing,
the bail was reduced to $2 million, and, after her husband posted
10 percent, Cynthia was released. Since she had expected the
arrest and had not fled, the judge decided she was not a flight
risk, as prosecutors insisted. Restrictions were placed on her
limiting how far she could travel. She entered "not guilty" pleas
to the charges and left the courtroom in the company of her
husband and a daughter. They knew that the possibility of her
going to prison until she was seventy hung in the balance.
The Second Trial
Cynthia's trial began in
November 2005. "Hers is a soap opera tale," wrote Phil Trexler in
the Akron Beacon Journal, "Her lover is killed, a second lover is
convicted of the murder, and a love child is the supposed motive."
Her five-member defense team included Robert Meeker and Michael
Bowler, and her trial was expected to last the better part of a
month. Trial-watchers hoped she would try to impress the jury by
testifying.
The evidence against her was largely
the same set of records and circumstances that had convicted her
former lover, John Zaffino. However, this time the gossip was
expected to be juicier, with more details about Cynthia and her
affairs. However, there was one more incriminating detail
revealed: the George family had financed Zaffino's defense. In
fact, Cynthia's attorneys had brokered the deal retaining
Zaffino's counsel.
Assistant Prosecutor Michael
Carroll rarely lost a high-profile case. While he admitted to
reporters that the case was circumstantial, he believed the
totality of the suspicious circumstances would be convincing even
against a wealthy socialite. It had taken jurors less than four
hours to convict Zaffino, and, while Cynthia was not the shooter,
there was good reason to believe she was complicit, if not an
instigator.
During jury selection, Cynthia
brought a book to read, Prayers and Promises for Women, and she
attended the day-long event without her husband. Reporters
described her as being at ease, as if she had nothing about which
to worry.
One new item was a confession Zaffino
had allegedly made to another inmate. Cynthia's attorneys tried to
block it, but the judge allowed it as potential evidence. In
addition, officials had taped phone calls that Zaffino made to his
sisters, which contained incriminating statements that suggested a
conspiracy with Cynthia, and the judge allowed these as well.
But then Cynthia's attorneys surprised everyone by announcing that
they would seek a bench trial, in which a judge would hear the
case rather than a jury. This decision was precipitated by the
judge's refusal to change the venue from Summit County, where the
case had become sensational. The five-member defense team remained
intact, though, and reporters speculated that a plea deal was in
the works; but the attorneys denied it. They expected to prove
Cynthia George's innocence, they insisted, but trial-watchers
believed they had chosen a more difficult route to accomplish this
goal. Nonetheless, there were advantages to a bench procedure.
"They're arguing a fine piece of the law," said one analyst, "and
the judge won't tend to hate George as much as a jury, because
she'll work with the facts, and not passion." In essence, the
defense would be that there was no reason for Cynthia to want her
former lover dead, so there was no motive for her to be involved
in a conspiracy to kill him.
Before the Bench
Michael Bowler made the
opening statements for the defense before Summit County Common
Pleas Judge Patricia Cosgrove. He claimed that Cynthia had ended
the relationship with Zack and had no longer had a problem with
him. "The plan was working, and she could feel good about it." Her
infidelity had been due to her husband's busy schedule, which made
her feel lonely.
Assistant District Attorney
Michael Carroll used much the same strategy he had in the Zaffino
trial: she had a problem and she needed to be rid of it. She found
someone to help her do it. The break-up with Zack had been
difficult, and he would not let go. She and Zaffino had made an
attempt on Zack's life in May, which had been interrupted, and
then completed it in June. Phone records confirmed it, as did
withdrawal from the bank of the same amount of money Zaffino had
used to purchase the motorcycle.
Bowler put the
whole incident in the context of Cynthia's life. She was raised in
a lower middle-class home but was unable to afford higher
education. She met Ed George, much older than she was, and married
him in 1984. But he was a workaholic, so she took up an affair
with Zack for a decade. After they ended it, he had found a new
mistress. She, in turn, got involved with Zaffino, and they called
each other a lot. That did not prove she was aware of or part of a
plot to commit murder.
Carroll believed that
arguments over a child lay at the heart of Cynthia's motive for
wanting Zack dead. Mary Ann Brewer, a former nanny in the George
home, was aware of Zack's persistence and testified that Cynthia
had felt trapped. They had often argued, especially over her
daughter whom Zack had fathered, and whom he had threatened to
take with him to Israel. Allegedly, George had claimed that she
had been forced to continue seeing Zack in order to keep their
daughter with her. There had also been a threat that Zack might
expose their affair and publicly shame her. DNA had confirmed that
the child had indeed been fathered by Zack, so he'd had leverage.
The prosecutor also entered two letters from Cynthia into evidence
that had been sent to Zaffino in prison. She cried when she heard
them read. The letters confirmed that she and Zaffino had been
lovers and that she was still quite attached to him. She had sent
him a Bible and listed for him some of the saints in the Catholic
religion. She spoke about "true Christianity" and discussed how
often she prayed for him. "Usually, I blow your candle out at
11:30 and take my cross to my bed and say my prayers." She seemed
undisturbed in the letters that he'd just been convicted of
killing her former lover. She also wrote one especially
incriminating thing: she told Zaffino to follow the attorneys'
instructions, because "we cannot make one mistake."
The following day, a damning bit of testimony was presented: the
transcript of a phone call from Zaffino to a sister, demanding
money from the George family to pay for a top-rate attorney like
Johnnie Cochran. "You tell them they will pay for it," he was
recorded as saying. "Just get the checkbook out and don't worry
about it or they will lose their freedom. That was the deal: If
anything happened, they would take care of it. I went through with
my deal. Now it's their turn. They have no choice."
George's defense attorney insisted that Zaffino was referring to
an agreement reached in 2002 that the two would share legal
expenses. In the call, Zaffino never directly implicated Cynthia
in the murder.
A counselor whom Cynthia was
seeing before Zack died testified that she had said that her lover
had grown difficult and she was trying to find a way to get out of
the relationship. He had become obsessive and threatening, calling
her every two hours, which scared her. She could not afford to let
her husband know about either Zack or her new lover, she had
confided, because a divorce would impoverish her. The counselor
suggested she hire a body guard, but she had discontinued her
sessions with him before providing specifics. He did not know the
name of her lover.
Ed George also testified.
Despite her infidelity and the public embarrassment she had caused
him, he defended Cynthia against the conspiracy charge as best he
could. He described the harassing phone calls and constant
hang-ups at his house, and said he had not known until after the
murder that Zack had fathered one of Cynthia's children or that
she had had two extramarital lovers at once. He said he had taken
a marriage vow, for better or worse, and he stood by her and would
remain married.
To the surprise of many who
attended the trial, Cynthia did not take the stand in her own
defense. Zaffino, too, refused to testify, although he had told
his sister that he'd been offered a deal if he would implicate
Cynthia George.
At the end of seven days, the
case went to the judge. By Monday, Cosgrove had found Cynthia
guilty of complicity in aggravated murder. She received a sentence
of 23 years to life, the same as Zaffino's. She was found innocent
of the May 8 conspiracy to commit aggravated murder. Before she
was led to jail, she insisted, "I didn't do it." Then she smiled
broadly for her mug shot at the Reformatory for Women in
Marysville. Many reporters commented on that.
The Untold Story Revealed
After the
verdict, the Beacon Journal carried a story about the downfall of
Cynthia George. Born beautiful, she capitalized on it to advance
herself and her ambitions. She grew up in a small bungalow, a coal
miner's daughter, and she developed a dread of poverty. Yet
neither that dread nor her Catholic piety had prevented her from
acting in a way that threatened her marriage. Apparently, her
desire for attention from men outweighed her other concerns.
Active in her high school, she was unable to afford college, where
she had hoped to study art. She worked a series of mediocre jobs,
but her fortune changed when she met Ed George in 1978. She was on
the dance floor at his restaurant and bar. He had never been
married, and she caught his eye. In 1984, they wed in style before
500 guests, although she came to view him as more a father figure
than husband. He continued to work long hours and was rarely home.
Still, she lived in a million-dollar mansion, a far cry from her
childhood home. Together they had five children and adopted two
more, but even that wasn't enough to keep Cynthia from roaming.
The nanny indicated that she had been more concerned with herself
than her children. She spent a lot of money on clothing and was
obsessed with her appearance.
In December 2005,
Cynthia finally broke her silence to tell her story. The Cleveland
Plain Dealer printed it in detail. Now 52, she explained that Zack
had intimidated and frightened her. She had gone to the Zack home
in 1998 to tell Bonnie about the affair, but instead of finding
her, Cynthia ran into Jeff. She said he punched her in the
stomach, throwing her to the garage floor. Then he grabbed her by
the hair and dragged her up the steps. He pushed her into a closet
and got an AK-47. Placing the end of the barrel in her mouth, he
allegedly said, "You're not playing the game."
She talked about how Zack initially had made her feel special
while her husband had made her the brunt of bad jokes. Zack had
thought she "deserved better." He lied about being an oncologist,
which had soon been revealed, but Cynthia had laughed it off. In
fact, as an operator of vending machines, he had plenty of time
for her, so she did not mind.
But, she claimed,
when she wanted to break it off, he forced her with threats and
intimidation to continue the relationship. He told her that her
life was not her own to decide. He even threatened to hurt her
children if she did not cooperate. He had instructions ready for
her, which included a demanding schedule of calls to him. If she
did not comply, he said, he would terrorize her family and torture
her to death.
She grew depressed and a friend
urged her to enter a beauty pageant. She did so, and came in third
runner-up. She soon met Zaffino, who made her feel better. She
claimed she purchased the motorcycle for him so he'd have a
vehicle with which to rescue her.
Cynthia
claimed she had wanted to testify during her trial, but two of her
attorneys had insisted she not take the stand. While her story
sounded good in places, it was never subjected to a
cross-examination.
George Conviction Overturned
Cynthia then
retained new attorneys, Bradley Barbin and Max Kravitz, who filed
an appeal, claiming that Judge Cosgrove should not have allowed
Michael Bowler and Robert Meeker to represent Cynthia, because
they had brokered the suspicious deal that provided $15,500 from
the Georges to Zaffino and his attorney. Due to this conflict of
interest, the new legal team argued, Cynthia George had been
denied effective counsel and, thus, should receive a new trial.
Bowler and Meeker had argued before the trial that their
involvement was legitimate because the payments were in the
interest of sharing information. Cosgrove had decided that the
agreement would not be prejudicial to the defendant. Now that was
under scrutiny.
But the issue became moot on
March 22, 2007, when the Ninth Ohio District Court of Appeals
voted 2-1 to reverse Cosgrove's conviction of George. The justices
ruled that the evidence was insufficient to prove guilt and
ordered her to be released.
Prosecutors appealed
to the Ohio Supreme Court, but on August 30, 2007, the higher
court upheld the reversal. Cynthia George was declared not guilty
and would therefore, by her constitutional protection from double
jeopardy, be immune from any future attempt to try her for the
Zack murder.
Relieved and happy, Cynthia issued
a statement to the press: "Throughout this storm, our faith has
sustained us. We are tattered and worn but still standing. With
this decision and the closure it provides, it is time that we as a
family move forward with our lives."
Zack's
family believed that justice had not been done.