Philomena deserves every bit of prison time, prosecutor says

Philomena accepted bribes while prosecuting and now wants out of jail early.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A prosecutor said he believes James A. Philomena got what he deserved for his lies and corruption and doesn't deserve to get out of prison early.
"He engaged in a set of criminal acts that are without comparison in the annals of Ohio's history," Special Prosecutor John R. Mitchell wrote in court documents. "His sentence was commensurate to his acts and he should be required to serve the remainder of his prison time."
Philomena, a former Mahoning County prosecutor, is about to complete a four-year sentence in federal prison in Milan, Mich., for racketeering and bribery.
Once that sentence is finished, the 55-year-old ex-prosecutor is to be taken directly to a state penitentiary to serve time for state charges of bribery and perjury. He pleaded guilty to those charges in October 2001 and was sentenced to six years in prison.
Visiting Judge Richard Markus allowed the first four years of Philomena's state sentence to be served concurrently with his federal time, which expires June 30. However, he'll still have two years left to serve on the state charges once the federal sentence is completed.
Philomena filed a motion earlier this month asking that he be granted shock probation for his state sentence, even though he has yet to serve a day in a state prison.
He argued that since his sentences are concurrent, he's already served enough time to qualify for shock probation and shouldn't have to go to state prison.
Philomena said in his request that he has been assaulted by federal prison inmates who found out he is a former prosecutor, and he said it will only be worse for him in a state prison.
In a response filed Friday in Mahoning County Common Pleas Court, Mitchell said Philomena breached the public's trust and doesn't deserve a break.
Lies and corruption
Mitchell wrote that Philomena accepted bribes to fix cases while he was county prosecutor and that he lied to a county grand jury when questioned about the case-fixing.
"He adopted a defiant attitude," Mitchell wrote, "an attitude that was completely at odds with the penitent facade he now offers."
Mitchell said in his response that at the time Philomena was accepting bribes, he was the highest law-enforcement official in Mahoning County and was seeking the office of Ohio attorney general.
Judge Markus could not be reached to say when he will rule on Philomena's request.