JAMES PHILOMENA Judge's ruling shortens jail term

All of Philomena's federal prison sentence counts toward his state sentence.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A judge has granted former Mahoning County prosecutor James A. Philomena's request to correct a clerical error that will shorten his prison sentence.
However, it's up to the Ohio Department of Rehabilitation and Correction to decide just when Philomena will be released.
Philomena, 56, is serving a six-year sentence in a state penitentiary for bribery and perjury, to which he pleaded guilty in October 2001.
Visiting Judge Richard Markus ordered at that time that the sentence be concurrent with a four-year sentence Philomena was already serving in federal prison for similar charges. His order stated that the state sentence begin retroactively on the same date Philomena began serving his federal sentence. That way, Philomena's four-year federal sentence would also count as the first four years of his six-year term for the state charges.
Philomena was released from federal prison in July and was taken immediately to a state prison to serve the last two years of his six-year sentence. He said the ODRC did not give him retroactive credit from the beginning of his federal time, and instead gave him credit only for the time he served in federal prison after pleading guilty to the state charge.
Philomena contended that his date of release from state prison should be April 30, 2005, but that his paperwork from the state listed a release date of March 25, 2007. He asked Judge Markus to clarify the issue.
Most recent ruling
In a two-page ruling handed down this week, Judge Markus said Philomena should get credit toward his state sentence for all of his federal prison time, not just part of it. However, he said there is still a discrepancy as to just when Philomena should get out.
Philomena still says it should be in April 2005, but the state says it should be Jan. 5, 2006.
The judge said it will be up to the ODRC to determine when Philomena began serving his federal sentence and release him six years from that date.
bjackson@vindy.com