Judge denies early release

The former prosecutor shamed the criminal justice system, said the judge.
& lt;a href=mailto:bjackson@vindy.com & gt;By BOB JACKSON & lt;/a & gt;
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- James A. Philomena says he has suffered enough for selling justice in Mahoning County, but a visiting judge disagrees.
In a ruling handed down Monday, Judge Richard M. Markus denied Philomena's request for shock probation, saying he sees no true penitence in the former county prosecutor.
Judge Markus wrote in his decision that Philomena "asserts that he has endured sufficient punishment, but his offense discredited the criminal justice system. Nowhere in his motion does he explain how he has attempted to rectify or how he intends to rectify any part of that damage."
Philomena, 55, is locked up in a federal prison in Milan, Mich., for fixing cases during his tenure as prosecutor. His four-year sentence for racketeering and bribery will be completed Monday.
Immediately after his release, Philomena is to be taken to an Ohio prison to serve two years for bribery and perjury, to which he pleaded guilty in October 2001.
Philomena's motion
When Judge Markus sentenced Philomena to six years in prison for the state charges, he ordered that the time run concurrently with Philomena's federal sentence. That means the first four years were served in federal prison, but Philomena still has two years left to serve in a state prison.
Philomena filed a motion earlier this month asking for shock probation from his state sentence, even though he hasn't served a day in an Ohio prison. He argued that since his sentences are concurrent, he's already served enough time to qualify.
Special Prosecutor John R. Mitchell filed a response last week, saying Philomena is not eligible for early release and should be made to serve the remainder of his sentence.
Judge Markus wrote in his decision that Philomena is not eligible to apply for shock probation until he has served at least 180 days in a state prison. That means Philomena's request is premature, so it can't be granted.
In his request, Philomena said he has been assaulted by federal inmates who found out that he is a former prosecutor, and said it will only be worse for him inside a state penitentiary.
But in his nine-page ruling, Judge Markus said Philomena is guilty of "grievous offenses," so he can't walk away without serving any time at all in a state prison.
& lt;a href=mailto:bjackson@vindy.com & gt;bjackson@vindy.com & lt;/a & gt;