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The following reflects statements former attorney Stuart J. Banks made during interviews with the

Wednesday, October 10, 2001


The following reflects statements former attorney Stuart J. Banks made during interviews with the FBI from mid-1998 through mid-2000:
* The first case Banks could remember fixing with James A. Philomena, Mahoning County prosecutor at the time, occurred in 1991 or 1992 and involved Lazaro Navarro, who faced drug charges and was considered a major drug supplier from Miami. Banks gave $5,000 to $6,000 to Philomena, who dismissed the charges after the sheriff's department lost the evidence.
* Banks charged Vivian Morgan, an employee of the Mahoning County Child Support Enforcement Agency, $9,900 to fix her DUI and aggravated vehicular assault case. The amount negated the need for Banks to fill out IRS forms required for transactions that total $10,000. Banks paid Philomena $5,000 on the prosecutor's boat at Lake Milton, and Morgan pleaded guilty to DUI without the alcohol specification, which made her eligible for probation.
* Banks also charged Keith Franklin $9,900 and Philomena reduced to disorderly conduct the man's charge of carrying a concealed weapon in Austintown. Banks gave Philomena $4,900 or $5,000 and Philomena split it with Vitullo, the assistant prosecutor in Austintown.
* Banks charged Michael D. Hornbuckle $10,000 to $15,000 in 1996 for drug offenses and gave Philomena half in the prosecutor's office. Philomena amended the indictment, which made Hornbuckle eligible for probation.
* In all, Banks estimated that he paid Philomena between $20,000 and $25,000 to fix cases.
* Andrew Polovischak Jr., when elected Youngstown municipal judge, told Banks, "We are going to make some money," and Banks paid for favorable decisions. In all, Banks estimated that he paid Polovischak between $10,000 and $15,000.
* In 1996, Banks paid Polovischak $2,500 to vacate a DUI conviction against John Dunn, a truck driver. Instead, Polovischak transferred the case to municipal Judge Patrick V. Kerrigan. Banks then paid Kerrigan $2,500, and Kerrigan found Dunn not guilty.
* Because of a $250 limit on campaign contributions, Banks gave county Judge Martin W. Emrich $250 then another $250 by showing the contribution in Banks' wife's name. Banks later gave Emrich $1,000 cash for his campaign sometime in 1992.
* Edward Cox, when a 7th District Court of Appeals judge, would refer clients to Banks and expect a referral fee of $600 to $700. Banks paid.
* Banks paid county Judge Fred H. Bailey about $1,000 to fix a case in 1991 or 1992 but didn't remember the case.