Case Facts:

This office has received notice that Mark Badilo and Jeff McClure are scheduled for a parole hearing in March for the murder of Timothy Badilo on February 24, 1988. Timothy Badilo was the brother of Mark Badilo and was in a janitorial cleaning business with his older brother in 1988. Apparently, their business, Northeastern Maintenance, was having financial problems and Mark Badilo planned, with a friend and associate, Jeff McClure, to murder Tim Badilo to enable him to take over the business.

From all accounts the victim was ambushed by Badilo and McClure at McClure's mother's home with the victim first being struck in the head with a pool cue stick and then beaten and/or strangled to death. Following the murder, the victim's body was put in the trunk of his own car, a 1987 Pontiac STE, and driven from place to place. Though the victim's body seemingly was handled with a "Weekend at Bernie's" mentality, that similarity abruptly ended when these merciless killer's burned Tim Badilo's body to a crisp in the trunk of the car two (2) days later. Because the body was burned beyond recognition, no identification of his body could be made. Instead dental identification was made of Tim Badilo.

Though the Badilo murder case was unsolved and a cold case file for over three (3) years, a break in the case in May of 1988 resulted in the successful prosecution of Badilo and McClure. The break in the case came about when a material witness came forward after reading a local newspaper article in the Warren Tribune about the unsolved case. This witness contacted Officer Todd Coonce (presently chief of that department) of the Hubbard Township Police Department to tell what he knew about the crime. It was Hubbard Township where the arson of Badilo's car and body occurred. It was learned from him that before the murder he was asked by Mark Badilo to help in the murder plan. The witness declined to take part in the killing. It is emphasized that the witness was threatened to be killed by both Badilo and McClure if he would say anything to authorities.

Because the witness was conscience ridden and feared he could be harmed by Badilo and McClure, he decided to come forward. The Hubbard Township Police Department at this time requested the assistance of Trumbull County Homicide Investigation and Prosecution Unit. The writer of this letter met with Officer Coonce and the witness at the Trumbull County Prosecutor's Office on May 20, 1991. The witness agreed to fully cooperate with authorities to the extent that he would put his life in danger and wear a hidden transmitter on his person and meet with one of the killers, Jeff McClure, and talk about the murder.

At this time the Trumbull County Sheriff s Department and the Howland Police Department were requested to provide assistance in the investigation to the Hubbard Township Police Department. Lt. Philip Borger, Det. Lt. William Lesho, and Det. Phillip Eckenrode of the Trumbull County Sheriff s Department, along with Det. Paul Monroe of the Howland Township Police Department, joined Todd Coonce as the investigators in the case. Without question, the clandestine work done by these officers working together resulted in the strongest cold case file prosecution I have ever seen in my career as a prosecutor. It surely was the quickest. Additionally, the quality of the forensic evidence was outstanding. Video and audio tapes were obtained along with photographic evidence, including video taped confessions from both killers, Mark Badilo and Jeff McClure. In summary, it took just three (3) days of intense investigative effort to solve the Tim Badilo murder case and charge all those involved.

After reviewing this case and discussing the present circumstances with Chief of Police Todd Coonce of Hubbard Township and Chief of Police Paul Monroe of Howland Township (jurisdiction where homicide occurred), it is our view that we must strongly object to the parole of both Mark Badilo and Jeff McClure at this time for the following reasons:

(1) The evidence of premeditation in this senseless murder is overwhelming (eg. "around two weeks before Tim's death .. I plotted his death." Per Mark Badilo's handwritten confession of May 23, 1991);

(2) The pure brutality of killing one's brother and another's friend is beyond imagination;

(3) The gross abuse of the body of the victim by a relative and a friend was and is incomprehensible;

(4) The attendance of and grieving of Mark Badilo at the funeral of his murdered and destroyed brother is acting at its highest height of pretense;

(5) All of the above given factors in our opinion clearly show that the totality of the circumstances surrounding the crime and its aftermath, that if punishment is to fit the crime in these cases, then the defendants need to serve substantially more time in prison; and

(6) Lastly, as pointed out in this letter, the successful prosecutions of the defendant's only took place because of the courageous cooperation of the witness. These offenders know that he is the man that turned them into the police. He is the man Badilo and McClure threatened to kill. He is the person that society has a duty to protect. His protection and the protection of others is guaranteed if these offenders remain behind bars. Bottom line-a man who can kill his own brother and then have his body burned beyond recognition, is capable of doing anything and anyone else who would take part with him in this kind of behavior and action is devoid of conscience and needs warehousing. We therefore believe these cases should be continued for at least ten (10) years.