Sins of fathers will haunt children

"In addition to already having served over four (4) years in prison, with two (2) years of federal supervised release and three hundred (300) hours of community service to complete upon release, he has suffered other forms of punishment unique to him that the average person doesn't who stands before a court. His name has been vilified, and he continues to be publicly humiliated in the local newspaper. One reporter, in a vain attempt at being satirical, stooped so low as to name his minor daughter in an article. Can there be any worse punishment? Everyone will always remember what has happened to James Philomena, and he will wear that scar for the remainder of his life. Rhetorically, how much more punishment has to be piled on Mr. Philomena before it's said, that's enough! He has been punished enough!"
So wrote Atty. Charles Dunlap, a well-known criminal defense lawyer in the Mahoning Valley, in a motion filed last week aimed at securing an early release from state prison for James A. Philomena, the former Mahoning County prosecutor who led a case-fixing enterprise that involved an assistant prosecutor, lawyers and a judge.
Philomena pleaded guilty to racketeering and bribery charges in federal court for which he served four years, and he has completed nine months of a two-year sentence in the state pen for bribery and perjury.
Dunlap, who says in his motion that he has known the ex-prosecutor for 25 years, is asking Visiting Judge Richard Markus, assigned to the Mahoning County Common Pleas Court, to consider the fact that his client has been behind bars for more than 1,500 days and that it's time to set him free.
Personal appeal
Philomena filed a similar motion himself last June in an effort to persuade Judge Markus that his federal sentence was punishment enough and that he was a changed man. But the judge didn't buying the tug-at-the-heartstrings plea.
"Nowhere in his [Philomena's] motion does he explain how he has attempted to rectify or how he intends to rectify any part of that damage," Judge Markus wrote, in rejecting the request for shock probation. As for Philomena's contention that he has endured sufficient punishment, the judge noted that "his office discredited the criminal justice system."
Now comes Dunlap also attempting to tug at the judge's heartstrings by not only detailing the many trials and tribulations his client has experienced behind bars, but how his life has been forever changed. With regard to Philomena's effort to rectify the damage he caused to the justice system, Dunlap wrote that the former prosecutor "pled guilty, co-operated and testified on behalf of the government."
It remains to be seen whether Judge Markus finds sufficient contrition in Philomena's guilty plea and his cooperation with and testimony on behalf of the government. He wasn't swayed by that last year.
As for Dunlap's verbal smack at the reporter who "in a vain attempt at being satirical, stooped so low as to name [Philomena's] minor daughter in an article," here's a reality check: The sins of the father are visited upon the daughter or son -- especially if the father is a public figure.
Is it fair? Perhaps not. But as Capri Cafaro, the Democratic nominee for the 14th District Congressional seat, is finding out, having a father (millionaire real estate developer J.J. Cafaro) who pleaded guilty to bribing a congressman (James A. Traficant Jr.) and, therefore, is a convicted felon is a burden that must be borne.
The King lives
Thus, neither Dunlap nor Philomena should be offended by the familial reference in a column by this writer published Oct. 3, 1999. The piece was headlined "'Jailhouse Rock' will be real for James,'" and focused on his impending incarceration in federal prison. Here's what it said in part: "Yesterday's successful attorney is today's crook. So what happened? There are probably as many opinions as there are individuals who paid bribes to Philomena or his factotums to have their cases fixed. Here are some possible explanations, based on this writer's knowledge of the former prosecutor ..."
One of the explanations was as follows: "The King lives ... Philomena is a disciple (that's more than just a fan) of Elvis Presley. He even named his daughter Presley. He never denied owning a pair of blue suede shoes. So great is his love for Elvis, that Philomena probably considers the hit song, 'Jailhouse Rock,' a prayer to The King. And so, how better to honor Elvis' memory than to be able to sing it while sitting in a jail cell?"
If anyone is to blame for whatever pain Presley Philomena has suffered, it is Daddy Dearest.