YOUNGSTOWN Man drops taxpayer's lawsuit seeking Philomena repayment
The suit sought recovery of bribes Philomena accepted while he was prosecutor.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A Boardman man has dropped a taxpayer's lawsuit seeking repayment of wages, benefits and ill-gotten gains from a former Mahoning County prosecutor.
Samuel Moffie could not be reached to explain why he dismissed the lawsuit, which he'd filed in October 2000 against James A. Philomena.
Moffie's lawyer, Andrew R. Kasle of Columbus, also could not be reached.
Visiting Judge Stephen Yarbrough of Lucas County, who was appointed by the Ohio Supreme Court to oversee the case, said he was unaware of the dismissal, which was filed this week in common pleas court.
Atty. Stephen R. Garea, who represents Philomena, said he's glad the complaint is dismissed but declined to comment further.
Philomena, 55, is serving a four-year federal prison sentence for accepting bribes from attorneys to fix cases while he was prosecutor from 1990 to 1996.
Sought recovery
Moffie's suit sought recovery of Philomena's salary and the cash equivalent of health-care and retirement benefits he received as prosecutor. It also sought recovery of all bribes he accepted.
A total amount was not calculated.
Moffie said at the time that other former public officials would be added to the lawsuit as their corruption cases were completed, but none ever was added.
At the time he filed the suit, Moffie was a candidate for Mahoning County commissioner, but he said the action was not politically motivated.
bjackson@vindy.com
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