Federal prosecutors have a few things to say about Jimmy …
Posted: 09/15/2010
CLEVELAND - Cuyahoga County Common Pleas Judges Bridget McCafferty, 44, of Westlake, and Steven Terry, 58, of Cleveland, were indicted Wednesday in the FBI corruption probe.
McCafferty faces a one-count indictment. McCafferty is charged with making a false statement to law enforcement. If found guilty, she faces a $250,000 fine and five years in prison. She was released on $50,000 bond.
Terry pleaded not guilty in federal court. He faces conspiracy to commit mail fraud and honest services mail fraud. Terry faces 20 years in prison and $250,000 fine. He was released on $50,000 bond.
Terry was arrested at his home. McCafferty was working out at a gym when she was notified of the indictment and turned herself in at FBI headquarters.
According to the indictment, Dimora bribed McCafferty and Terry to influence litigation (cases) in their respective courtrooms.
In the indictment, investigators allege wiretaps show Terry took bribes and kickbacks from Dimora to give Dimora's business associates and certain construction companies "secret advantage" in litigation to "enrich himself."
And that Dimora is heard calling Terry asking him to deny certain motions, Terry calls back saying "I took care of those two issues that we talked about."
In the indictment against McCafferty, investigators said she gave "special consideration" to cases that would benefit Frank Russo and Dimora.
"We are saddened by the developments but the work of the court continues. We are aware of the charges and that the judges were taken into custody. We have contacted the Ohio Supreme court which will inform us how to proceed," said Nancy Fuerst, the Presiding and Administrative Judge of the County Common Pleas Court.
Ironically, McCafferty had a fundraiser scheduled for Wednesday evening. It was canceled.
McCafferty, who was elected to the Cuyahoga County Court of Common Pleas, is serving her second term as an elected official. She holds the distinction of being the youngest ever elected Judge in the Court of Common Pleas in Ohio, according to her website.
The Cuyahoga County Court of Common Pleas released a statement on Wednesday that said both judges have been disqualified from performing their duties. The Ohio Supreme Court has been notified about the indictments and the court will appoint a visiting judge to preside of the two judges' dockets.
Eight people were arrested by the FBI Wednesday, including Cuyahoga County Commissioner Jimmy Dimora.
The FBI, IRS and The U.S. Department of Labor are all involved with this ongoing investigation. An indictment is a charge and not a evidence of guilt.
The Cleveland Metropolitan Bar Association issued a statement from President Michael N. Ungar on Wednesday about the arrests of these two judges:
This is unquestionably a sad day for the Cleveland legal community. The allegations leading to the arrests of two Common Pleas Court judges are appalling. We must keep in mind the presumption of innocence that is afforded to all defendants - and judges are no exception. However, if these two judges are indeed guilty as charged, then they should be afforded no special treatment and should be treated like any other criminal defendant.
Fortunately, this is not a reflection of the overall quality of our local judiciary, which remains very high.
A judge's role is to be a fair and impartial arbitrator of conflicts - one who respects and follows the law, and is above influence. The vast majority of our judges respect that concept and practice it every day in their courtrooms. Despite today's arrests, the legal community has enormous respect for the legal system in Northeast Ohio and has confidence in those who continue to serve it.
Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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