YOUNGSTOWN Judge sentences ex-lawyer for theft
The former lawyer will serve six months in jail, then be on probation.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- When John Zimmerman walked into the courtroom Friday, he didn't look at his former law partners who were sitting in the back of the room, and they didn't look at him.
When he walked out of the courtroom some 20 minutes later, Zimmerman's former colleagues watched and could only shake their heads.
"It's just another sad case and another black eye for our legal community," said Jay Macejko, assistant Mahoning County prosecutor.
Stole from firm
Zimmerman, 55, had pleaded guilty in February to one count of theft by deception, a fourth-degree felony. He stole some $200,000 from the downtown law firm of Manchester, Bennett, Powers & amp; Ullman, where he'd been a partner since 1974.
Zimmerman was back in court Friday for sentencing. Judge Robert Lisotto of common pleas court placed him on probation for two years, but ordered Zimmerman to serve the first six months in the county jail.
Zimmerman was allowed to leave the courtroom with his attorney, J. Gerald Ingram, rather than be handcuffed and taken away by deputies. Judge Lisotto ordered him to report to the jail at noon Monday.
Macejko said he's satisfied with the outcome. Atty. Stephen T. Bolton, president of the firm, declined to comment.
In court, Zimmerman apologized for his actions. He also submitted a two-paragraph written statement to be included with the court record. In his written statement, Zimmerman admitted deceiving his partners and embezzling about $200,000.
"I am sure I can never atone in my partners' eyes for the betrayal of trust," Zimmerman's statement says. "They were my friends, and I betrayed them."
Paid back money
Ingram said Zimmerman already has paid back about $185,000 of the stolen money and has made arrangements to repay the remaining $15,000. He said the firm has two years to continue seeking additional restitution if it finds more instances of theft.
"Mr. Zimmerman has committed a grievous wrong for a lawyer. He can never make up to his law partners, or to the court, or to the [legal] profession what he has done," Ingram said.
Zimmerman has resigned his law license and moved to Florida. One of the conditions of his probation is that he can't leave Ohio without the court's permission. Macejko said authorities will most likely allow him to return there after he gets out of jail, and his probation will be monitored by Florida authorities.
A complaint filed against Zimmerman with the Ohio Supreme Court's disciplinary counsel last year said that since the middle of 1998, Zimmerman devised various schemes by which he would submit bogus requests for reimbursement for supposedly client-related expenses.
The firm terminated Zimmerman's employment March 31, 2002, after discovering the theft.
bjackson@vindy.com
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