Cynthia George

Case record: Cynthia George

Background

Cynthia George was 53 at the time of her release. She faced national media scrutiny during her murder trial and release. Her husband, Ed George, and their seven children provided support.

The offence

Jeff Zack 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.

A written statement from George said: "With this decision and the closure it provides, it is time that we as a family move forward with our lives."

Investigation

Witnesses described the shooter leaving on a Ninja-style motorcycle. Carolyn Hyson, the pump attendant, stood only a few feet away and called 911 to get police and an ambulance there. She described the Ninja-style gray-and-black motorcycle with lime-green stripes and the heavy-set man with a gun who rode it.

Police connected Jeff Zack with Cynthia George within a day. Prosecutors maintained that George plotted with lover John Zaffino to kill George’s former lover Jeff Zack. Prosecutors said George had plotted with Zaffino to kill Zack.

Zaffino was arrested about a year later. All appeals failed for Zaffino.

Investigators learned that the victim, Zack, had enemies and fought with neighbors over trifling things. They also learned he had been unfaithful to his wife and had engaged in some questionable business dealings.

Investigators learned that Jeff Zack had a love affair with the wife of a prominent Akron restaurant owner and that ultimately led to the murder, according to Assistant Summit County Prosecutor Michael Carroll.

Information relating to the planning included telephone records, letters, and financial documents.

Arrest

Cynthia George was arrested in January 2005. She was arrested about a year after Zaffino’s arrest and charged with complicity and conspiracy to commit aggravated murder. She was arrested while shopping at a Bath and Body Works store, and her bond was set at $10 million.

At a later hearing, bail was reduced to $2 million, and she was released after her husband posted 10 percent. Restrictions were placed limiting how far she could travel.

Trial

Cynthia George 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.

At the trial, Cynthia’s five-attorney defense team said after talking with potential jurors for three days that George could not get a fair trial in Summit County because of pretrial publicity. The lawyers opted to try the case before Judge Patricia A. Cosgrove.

The trial opened with defense attorneys saying George had no motive to kill Zack after breaking up with him a month before the murder.

Testimony ended with Ed George announcing his support for his wife and attorneys giving final arguments. Cosgrove announced she would deliberate over the four-day Thanksgiving holiday and deliver the verdict at 11 a.m.

On November 28, 2005, Cosgrove acquitted George of conspiracy to commit aggravated murder for an aborted hit on Zack’s life at a local park, but found George guilty of complicity to aggravated murder. She sentenced George to life in prison without parole for at least 23 years.

Before she was led to jail, George insisted: "I didn't do it."

The verdict period included:

• November 23, 2005: Testimony ended with Ed George announcing his support for his wife and attorneys giving final arguments.
• November 28, 2005: Verdict and sentencing.

Sentencing

George received a sentence of life in prison without a chance of parole for 23 years after being found guilty of complicity to aggravated murder. She was transported to the Ohio Reformatory for Women in Marysville on November 30, 2005.

Appeals

Trial lawyers filed appeal with the Ninth District Court of Appeals on December 15, 2005. On March 23-24, 2006, George’s trial lawyers Michael Bowler and Robert Meeker were replaced by Columbus attorneys Bradley Davis Barbin, Max Kravitz and Jacob Cairns.

On Jan. 3, 2007, Cynthia’s new lawyers argued for another trial, saying her trial lawyers had conflicts that warranted removal from the case.

On March 21, 2007, the Ninth District Court of Appeals issued a 2-1 ruling that there was insufficient evidence to convict George, effectively allowing her to go free.

On Aug. 29, 2007, the Ohio Supreme Court declined to accept an appeal from Summit County prosecutors. Barring the high court’s reversal of its own decision, George remained free and could never be tried again.

The Ohio Supreme Court decision was described as closing the case.

Outcome

George was released on March 22, 2007, after the Ninth Ohio District Court of Appeals ruled that the circumstantial evidence—including telephone records, letters and financial documents—was not sufficient to prove her guilt beyond a reasonable doubt.

Prosecutors maintained that George plotted with lover John Zaffino to kill former lover Jeff Zack, but they said they were disappointed that George was free.

Prosecutor Sherri Bevan Walsh said in a statement: "The justice system was created with appellate rights and this office respects the legal system and therefore, accepts the decision of the Supreme Court"

George’s attorney, Bradley Barbin, said George would remain in self-imposed seclusion despite the Ohio Supreme Court’s decision. Barbin said: "She was very happy but wants to be able to have life calm down for the kids and the rest of the family," and added: "You need a low profile for that."

Barbin said George would not sue the Summit County prosecutor's office for wrongful prosecution. He said: "There is not a mean bone in her body," and: "People really never got the untold story of Cindy George."

George said in a written statement: "With this decision and the closure it provides, it is time that we as a family move forward with our lives."

Aftermath

The killing of Jeff Zack involved a shooter described by witnesses as arriving on a Ninja-style motorcycle and firing a single shot into Zack’s head.

Zaffino was convicted of murder in 2003 and sentenced to life in prison; all appeals failed.

A wrongful death lawsuit against the Georges and Zaffino by Zack's family was scheduled for trial in November.

Timeline

• June 16, 2001 — Jeff Zack, a 44-year-old Stow businessman and former paratrooper in the Israeli army, was shot execution-style at a gas pump in the parking lot of BJ's Wholesale Club on Home Avenue.
• Sept. 25, 2002 — John F. Zaffino, 36, of Chippewa Township, was charged with aggravated murder.
• Feb. 26, 2003 — The Zaffino trial opened.
• March 7, 2003 — Cynthia George was called to testify and invoked the Fifth Amendment right against self-incrimination.
• March 11, 2003 — Trial ended with Zaffino's attorney arguing that the evidence against his client was circumstantial; jurors convicted Zaffino after less than four hours.
• March 17, 2003 — Zaffino was sentenced to life in prison.
• Dec. 31, 2003 — 9th District Court of Appeals upheld the Zaffino conviction.
• Nov. 17, 2004 — A&E’s American Justice series aired an hour-long show about the Zack murder titled ''Who Whacked Zack?''.
• Jan. 10, 2005 — Cynthia George was arrested and charged with complicity and conspiracy to commit aggravated murder.
• Nov. 10, 2005 — George’s five-attorney defense team said she could not get a fair trial in Summit County because of pretrial publicity; the lawyers opted to try the case before Judge Patricia A. Cosgrove.
• Nov. 14, 2005 — The trial opened with defense attorneys saying George had no motive to kill Zack after breaking up with him.
• Nov. 23, 2005 — Testimony ended with Ed George announcing his support for his wife and attorneys giving final arguments.
• Nov. 28, 2005 — Cosgrove acquitted George of conspiracy to commit aggravated murder but found her guilty of complicity to aggravated murder; she was sentenced to life in prison without parole for at least 23 years.
• Nov. 30, 2005 — Cynthia George was transported to the Ohio Reformatory for Women in Marysville.
• Dec. 15, 2005 — Trial lawyers filed appeal with the Ninth District Court of Appeals.
• March 23-24, 2006 — George's trial lawyers Michael Bowler and Robert Meeker were replaced by Columbus attorneys Bradley Davis Barbin, Max Kravitz and Jacob Cairns.
• Jan. 3, 2007 — New lawyers argued for another trial, saying trial lawyers had conflicts that warranted removal from the case.
• March 21, 2007 — Ninth District Court of Appeals reversed the conviction due to insufficient evidence, effectively allowing her to go free.
• March 22, 2007 — George was released.
• Aug. 29, 2007 — Ohio Supreme Court declined to accept an appeal from Summit County prosecutors.

Other details

Cynthia George was described as having undergone counseling. Her attorney said she had a strong faith and believed in her family.

Barbin also said Cynthia wanted to thank 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.

Cynthia George remained sequestered in her Medina County home by choice, preferring to spend time with her children.