MAHONING COUNTY Mistaken release of inmate leaves judge dumbfounded

The judge ordered the sheriff into his chambers to discuss the mistake.
By DAVID SKOLNICK
VINDICATOR STAFF WRITER
YOUNGSTOWN -- The usually talkative Judge R. Scott Krichbaum acknowledged he was at a loss for words when he found out a Youngstown man he sentenced to two years in a state penitentiary was mistakenly released by the Mahoning County Sheriff's Department.
"Judge orders defendant to penitentiary; sheriff lets defendant go. Wow," Krichbaum said at a hearing Wednesday in common pleas court.
"It's beyond a mistake. It's outrageous that this could ever happen. Something has to be done. This just can't happen."
On April 13 Judge Krichbaum sentenced Brian James, 29, of Republic Avenue to two years on a felonious assault conviction. James was being held in the county jail pending transfer to Lorain Correctional Facility when he was released Monday.
"I'm not holding this against you," the judge told James. "If you're in custody and someone who supposedly is in charge of keeping you in custody tells you to go home, I think I would leave, too. The trouble is what's happening with the sheriff's office letting you go. It's intolerable."
Meeting with sheriff: After the hearing, Judge Krichbaum had his bailiff call Sheriff Randall Wellington into his chambers for a private meeting.
The judge said he is particularly perturbed because a similar situation occurred with a minor offender in the past year, and Wellington assured him it would not happen again.
While waiting for the sheriff, the judge told The Vindicator: "I'm in disbelief; that's why I can't say anything more."
Upon leaving the meeting with the judge, Wellington said, "I'm going to find out what happened. I'm sure there's some explanation. I just don't know what it is. I'm sure it can be explained. I'll get to the bottom of it."
Taken to courthouse: According to Judge Krichbaum and James' attorney, Michael J. Rich, James was taken by deputies to the courthouse Monday.
He sat in the security office for a while, then was brought back to the jail and told by deputies that he was free to go but that he had to go to the adult parole authority to meet with a parole officer.
While out, James called Rich, who contacted the court about the error. Parole officials also called the court after James came in for a parole visit.
It is not known why James was brought to the courthouse, but the judge said he has heard there was another Brian James in the county jail at the same time, who was supposed to be in court. Jail officials, however, said there has been only one Brian James there in recent weeks.
After the judge ordered James back to the county jail, he told three deputies in his courtroom: "Please make sure you take this man and lock him up.
"Give him a card or paint it on his forehead that says, 'Do not release.' Somebody dropped the ball, and that is something we cannot allow to occur."