Buying scandal leads to jail term



The judge said Donofrio should 'look in the mirror' to find the source of his probems.
By ED RUNYAN
VINDICATOR TRUMBULL STAFF
WARREN -- After almost four years of investigation, plea bargains and delays, the first of the Trumbull County purchasing probe defendants is behind bars.
On Monday, Daniel A. Donofrio III, 41, of Brookfield, was sentenced to six months in Trumbull County Jail, two years' probation, ordered to pay a $1,000 fine and perform 200 hours of community service on two misdemeanor theft charges. He has already paid $12,000 in restitution.
Charges
Donofrio, who scrubbed floors in the county's Family Court building and whose role in the scandal involved selling the county two floors scrubbers that were never located, got jail time, apparently because of a failed polygraph test.
The purchasing probe began in 2002 and showed that former maintenance supervisor Tony Delmont took bribes to allow vendors to sell the county overpriced products. Though Delmont said public officials also accepted bribes, none has been charged.
Through his attorney, Damian A. Billak of Youngstown, Donofrio sought to be sentenced to probation, saying he needed to remain free to keep his new job as a regional representative for a Chicago company.
Donofrio said he wanted to remain free so he could celebrate his four-year wedding anniversary with his wife, whom he married just months before the investigation began. The scandal had been a "humongous burden" on him and his family, he said, at one point mentioning how his 70-year-old mother had scraped up $1,500 to help him.
"My response to that is you better look in the mirror and see who caused that hardship," Trumbull County Common Pleas Court Judge Peter said. "You said you thanked them [your family] for their help, but you should be apologizing to them," Judge Kontos said, with Donofrio nodding his head in agreement.
Judge Kontos added that Donofrio could apply for work-release privileges while in jail.
Polygraph
Donofrio had pleaded guilty to the two charges in July and faced possible jail sentences of six months on each and a $1,000 fine. A condition of his plea bargain, however, was that he pass a polygraph test, Assistant Trumbull County Prosecutor Chris Becker said.
Becker recommended the jail sentence to Judge Kontos "in light of the polygraph," he said. "The results of the polygraph are disturbing, given the questions that were asked," Becker said.
The Vindicator obtained a copy of the polygraph report, which was prepared by William D. Evans II, who administered the test in his Akron office May 16.
Evans' report said Donofrio was asked whether he had performed all of the work he had billed the county for, whether he paid any kickbacks to anyone who gave him county work, whether he paid bribe money to anyone who gave him county work and whether he ever knowingly overbilled the county.
"Physiological changes indicative of deception occurred," Evans wrote.
Becker said the results do not indicate on which of the questions Donofrio was untruthful. He said Donofrio was charged for having stolen about $12,000 through the two scrubbers. It is possible Donofrio committed other crimes, he said.
Other defendants
Delmont, of Warren, was sentenced to three years in prison for his role, but arguments are still being heard on whether Delmont is too sick to report to prison. He has cancer, and a doctor wrote to Judge Kontos saying Delmont would die in prison because of the type of care he needs.
Another defendant, Barry Jacobson of Chagrin Falls, has been sentenced to 30 days in Geauga County Jail starting June 19 for having stolen about $200,000 in overpriced products.
Another defendant, Barry Bonchek of Aurora, is scheduled for sentencing June 20.