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Investigations 3News Investigates: New legal team for convicted Strongsville murderer Mackenzie Shirilla seeks new trial A new defense attorney for Shirilla claims a neurological episode, not murder, caused the car crash that killed the teen's two passengers, including her boyfriend. Next up in 5 New Jersey Devils Dropped Game One to The Carolina Hurricanes in Ugly Fashion...No Energy & Multiple Injuries Is it Time to Hit the PANIC BUTTON With Boston Red Sox's Triston Casas?? Author: Lynna Lai Published: 1:14 AM EDT April 18, 2025 Updated: 2:03 AM EDT April 18, 2025 Facebook CLEVELAND — A newly filed court motion is challenging one of Northeast Ohio's most high-profile convictions by introducing medical evidence intended to potentially explain why a Strongsville teen crashed her car at nearly 100 mph, killing two passengers. But while the defense argues that the new evidence could have changed the outcome of her trial, prosecutors say the petition is meritless, and legally improper because it was filed one day too late. On April 3, Mackenzie Shirilla's new defense team submitted a supplemental post-conviction relief petition, alleging her original trial attorney failed to present critical medical evidence that could have changed the outcome of her case. Shirilla, now 20, is currently serving a sentence of 15 years to life after being convicted of murdering her boyfriend Dominic Russo and their friend Davion Flanagan in the July 2022 crash. RELATED: Newly obtained Strongsville police video shows crash damage and arrest of Mackenzie Shirilla The filing in Cuyahoga County Court of Common Pleas includes an affidavit from University Hospitals neurologist Dr. Kamal Chemali, who reviewed Shirilla's post-crash medical data and concluded that the evidence is "consistent with loss of consciousness" at the time of the fatal wreck. He pointed to Shirilla's elevated lactate levels, abnormally low blood oxygen, and complete amnesia after the incident as classic markers of a seizure or similar autonomic event. Chemali's affidavit also draws from a 2018 study on seizure-related crashes, noting that Shirilla’s vehicle trajectory — traveling straight into a building without braking — is characteristic of drivers who suffer sudden unconsciousness. Her legal team argues that this supports their original defense theory: That the crash may not have been intentional, but instead the result of an unanticipated medical episode related to Postural Orthostatic Tachycardia Syndrome, or POTS, a condition Shirilla had been diagnosed with years earlier. Prosecution response: too late, too weak The Cuyahoga County Prosecutor's Office asked the court to reject the original request for a new trial last October, citing both procedural and substantive grounds. Most notably, the state says the original petition was filed one day late. Under Ohio law, defendants have 365 days from the date the trial transcript is filed in their direct appeal to submit a PCR petition. In Shirilla's case, that deadline was Oct. 23, 2024 — but her original petition was filed on Oct. 24. The state argues that this technical error, caused by a leap year miscalculation, renders the defense petition "jurisdictionally barred" under Ohio law. On the merits, the State argues that Chemali's expert opinion is speculative, relies on general studies, and lacks direct examination of Shirilla. In a statement to 3News, a spokesperson for the Cuyahoga County Prosecutor's Office wrote: "We are confident in the integrity of her conviction. Our Brief in Opposition articulates many reasons why this petition should be denied." Ineffective counsel claimed in request for new trial The centerpiece of Shirilla's legal strategy is now a claim of ineffective assistance of counsel, a constitutional argument that, if proven, could result in a new trial or reduced conviction. "Counsel has an ethical obligation to explore various avenues and present a competent and effective defense," said Eric Nemecek, Shirilla's new attorney from Friedman Nemecek Long & Grant LLC in Cleveland. "And in this case ... there were certain things that were not presented that could have been, and quite frankly should have been." The filing contends Shirilla's original trial lawyer failed to: Retain or present a medical expert. Admit medical records documenting her diagnosis of POTS. Introduce text messages that allegedly contradicted the prosecution's argument about intent. Shirilla was convicted in 2023 of murder after prosecutors successfully argued she intentionally crashed her car into a commercial building with Russo and Flanagan inside. Following a bench trial, Cuyahoga County Judge Nancy Russo found Shirilla guilty, citing evidence showing Shirilla accelerated to nearly 100 mph, never braked, and allegedly had a history of threatening behavior. A key moment in the prosecution's case involved a July 17 incident where Shirilla allegedly threatened to crash the car during an argument with boyfriend Russo — evidence the court cited when finding premeditation, the element that elevated charges to murder. However, Nemecek now says newly submitted text messages tell a different story. "There were the text messages and communications about the argument that took place demonstrating that it wasn't necessarily as testified to, and that she may not have been responsible — and in fact was not responsible — for starting that argument or threatening to crash the car," he told 3News Investigates. Nemecek pointed to text messages from July 17 that the original trial attorney failed to introduce as evidence, which flips the narrative on who was threatening whom. In a text exchange between Shirilla and Russo, Russo purportedly offers multiple apologies. Uphill legal battle ahead Post-conviction relief petitions face steep legal standards in Ohio and are rarely granted. To succeed, newly presented evidence must be not only credible, but compelling enough that it would likely change the verdict. "It's an uphill battle," Nemecek acknowledged. "The standards are a lot more stringent, but if given the opportunity for a new trial here, there's reason to believe that the outcome would be different." Adding to the challenge: Russo, the same judge who presided over Shirilla's trial and ultimately convicted her, will decide the petition. What happens next? Prosecutors have until June to respond to the new defense filing, and a decision could follow. Russo could decide whether to hold a hearing to evaluate the new evidence and the claim of ineffective assistance of counsel, or dismiss the petition outright. For Shirilla, who for now won't be eligible for parole until she is in her 30s, this filing represents her first serious effort to undo the convictions since her appeal was rejected earlier this year. If denied, Nemecek says the defense is prepared to continue through the appellate system. "The hope is that having done that work at this point and presenting those issues to the court, the court will see it the same way," he said. In addressing public perception of the case, Nemecek added: "I would just ask anyone who maybe has formed an opinion to read through the pleadings and educate themselves on the evidence in the case, both what was presented and what wasn't, and to keep an open mind." DISCLOSURE: Shirilla's father is a former WKYC Studios employee. He did not work in the news department during his time with the station. Close Ad