MAHONING COUNTY Man gets jail time in bribery

The judge said probation was out of the question and the Poland man must spend some time in the lockup.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A case-fixing scheme involving a former Mahoning County prosecutor brought shame to the criminal justice system.
That's what Judge Maureen A. Cronin of common pleas court said before sending Anthony Gaudio II to jail for trying to buy his way out of a bribery case.
"I think this is one of the most heinous crimes I have seen without bloodshed," the judge said. "The only bloodshed is in the halls of justice."
Gaudio, 51, of Poland Township, was in court for sentencing on a charge of attempted bribery, to which he pleaded guilty earlier this year.
The prosecutor's office recommended that he be placed on probation. Nicholas Modarelli, chief assistant prosecutor, said he was following the recommendation of the Ohio Adult Parole Authority, which conducted a court-ordered background check before sentencing.
Judge Cronin, however, said she could not go along with probation because she believes Gaudio should spend time behind bars. She sentenced him to the maximum of 18 months in prison, then suspended all but 10 days and ordered that he serve the time in the county jail.
She also placed Gaudio on house arrest for six months, and on probation for three years after that.
"What has occurred here is a slap in the face to the criminal justice system and I don't take it lightly," Judge Cronin said.
Reaction: Poland Township fire officials were glad that Gaudio went to jail, though they had hoped for more.
"He deserves to go to prison for much longer," said Tony Sferra, assistant fire chief.
The case goes back to a 1993 fire at Gaudio's former home on Lyon Boulevard. He said it was caused by a lightning strike, but fire officials charged him with aggravated arson after finding evidence that gasoline was used to start it.
Gaudio has denied setting the fire, and said again in court Thursday that he was innocent. He pleaded no contest, though, to a reduced charge of arson, was found guilty, and sentenced to two years' probation in May 1998.
The probation was terminated after only seven months when Gaudio reimbursed the fire department $2,130 for the cost of the investigation.
Gaudio was indicted by a county grand jury on the attempted bribery charge in May 2000. Authorities said he gave money to George Alexander, a former attorney with ties to then-prosecutor James A. Philomena, to have the aggravated arson case fixed in April 1995. Alexander and Philomena have since pleaded guilty to federal charges of fixing cases and are serving prison sentences.
Gaudio's was one of six cases cited by federal authorities when they indicted Alexander for serving as a go-between in the case-fixing scheme.
Sferra said he did not want to see Gaudio walk away on probation a second time.
Fire Chief David C. Comstock Jr. said he was furious that defense attorney James Gentile intends to ask that both the arson and attempted bribery convictions be expunged from Gaudio's criminal record.
Gentile said he's not sure whether he'll make the request now since Gaudio did not get probation.