Philomena to serve 6 years for bribery

In exchange for the plea, prosecutors dropped several charges.
By DAVID SKOLNICK
VINDICATOR POLITICS WRITER
CLEVELAND -- James Philomena, who admitted he fixed criminal cases for a fee, committed the worst kind of bribery imaginable, said the judge who sentenced the former Mahoning County prosecutor to six years in prison.
"I have difficulty perceiving any form of bribery worse than that of the chief prosecuting officer who controls the criminal justice system," said Visiting Judge Richard Markus, a judge who is retired from Cuyahoga County Common Pleas Court. He is overseeing Philomena's state case.
Corruption by someone such as Philomena, who served as county prosecutor from 1989 to 1996, brings the state's entire justice system into question, the judge said.
"I consider this one of the more difficult tasks I've had as a judge in the state of Ohio; not because it was a difficult decision, but because it shakes my confidence in what we are all doing when I hear that the chief law enforcement officer has thrown aside the justice system for his own personal interests," Judge Markus said.
Guilty plea: Philomena, 54, formerly of Canfield, pleaded guilty Wednesday in common pleas court here to three counts of bribery and one count of perjury. In exchange for the plea, prosecutors agreed to drop the other charges facing Philomena: nine counts of bribery, one count of perjury and one count of engaging in a pattern of corrupt activity.
Under sentencing guidelines, Judge Markus could have sentenced Philomena to two years for each of the three bribery convictions and five years for the perjury conviction. The judge chose to sentence Philomena to the maximum for each of the bribery convictions, but to have them run concurrently. He also sentenced Philomena to four years for the perjury conviction to run after he serves the bribery conviction.
Previous conviction: Philomena is already serving four years at a federal prison camp in Alabama after being convicted in September 1999 of bribery, perjury and engaging in a pattern of corrupt activity in a federal case against him. He reported to prison in December 1999.
Judge Markus said Philomena's six-year sentence will run concurrently with his federal sentence -- and gave him credit for the 22 months he's already served. Upon Philomena's release from federal authorities, he will serve the remainder of the state sentence at an Ohio penitentiary.
Stephen Garea, Philomena's attorney, had asked for house arrest, probation or community service for his client.
Before his sentencing, Philomena, whose trademark red hair is now thinning and mixed with gray, said he was going to be released from the federal prison to a halfway house Jan. 2 after completing a drug abuse program. But Special Prosecutor A. Steven Dever said that plan is no longer an option and Philomena will serve his time in a prison cell. Philomena would be eligible for early release from the state charges after serving five years, Judge Markus said.
Case-fixing: Federal authorities say Philomena conspired with some local attorneys and others to fix cases while he was county prosecutor. The state convictions stem from three bribes, totaling $27,500, that he took between June 1, 1990, and Oct. 1, 1994, to fix the cases of a drug dealer, a Mahoning County employee accused of stealing air conditioners from the county, and a noted local burglar with organized crime connections, Dever said.
Before the judge sentenced him, Philomena admitted he made mistakes.
"I've helped pollute the Mahoning Valley, and I feel I must help cleanse it," he said. "I've embarrassed my friends and family and the voters who voted for me. I betrayed justice. The people of the Mahoning Valley were embarrassed for things they had nothing to do with. I apologize to those people."
Philomena said he has been a model prisoner and the time behind bars has changed him.
"The person standing before you is quite different from that person years earlier," he told the judge. "I can't say I'm glad that this happened to me, but I can't say it hasn't benefited me. I now appreciate things I took for granted."
Philomena is cooperating with federal prosecutors who are handling cases of others charged in the case-fixing conspiracy. Philomena will testify in the ongoing federal trials of two of his former associates: James A. Vitullo, a former assistant county prosecutor, and Russell J. Saadey, known as Champ, a former prosecutor's investigator.
Drug abuse: Judge Markus said Philomena admitted years of serious drug abuse. The judge said Philomena bought about a dozen illegal drugs -- including marijuana; cocaine; amphetamines, such as black beauties and white crosses; painkillers such as Vicodin; anti-fatigue drugs such as Xanax, and other prescription drugs -- from street dealers.
Philomena also drank two to three glasses of wine or two to three shots of vodka daily, Judge Markus said.
Philomena said the drug and alcohol treatment he is receiving is working and he has been clean and sober for about two years.
"I can see the light at the end of the tunnel," Philomena told the judge before sentencing. "I ask that you not push me further into that tunnel so I cannot see the light. The time has come for me to attempt to put my life back together."
skolnick@vindy.com