MAHONING COUNTY Ex-prosecutor says clerical error adds 2 years to his prison term

YOUNGSTOWN -- Former Mahoning County Prosecutor James A. Philomena says a clerical error has him serving two years more in a state prison than he should be, and he wants it to be corrected.
Philomena, 56, began his sentence in July for bribery and perjury, to which he pleaded guilty in October 2001. He said prison officials gave him paperwork indicating that his release date is March 25, 2007, but he says that's incorrect.
In court documents, Philomena said his actual release date should be April 30, 2005.
philomena was sentenced to six years in prison for the state charges, but visiting Judge Richard Markus ordered that the first four years be served concurrently with a four-year sentence he was already serving in federal prison for similar charges.
Once the federal sentence was completed June 30, Philomena was immediately taken to a state prison to serve the remaining two years of his state sentence.
Philomena says the Ohio Department of Rehabilitation and Correction has failed to give him credit for 21 months of the federal prison sentence he served before pleading guilty to the state charges.
He has filed a motion in Mahoning County Common Pleas Court asking Judge Markus to clarify his judgment entry, enabling him to be released in April 2005.