The federal jury returned the verdict against Cuyahoga County Common Pleas Judge Steven J. Terry Monday in the Akron court. The judge, who was charged in the county corruption investigation for allegedly fixing a foreclosure case, has been found guilty on three of the five charges he was facing.

By JAMES W. WADE III

Staff Reporters

The federal jury returned the verdict against Cuyahoga County Common Pleas Judge Steven J. Terry Monday in the Akron court. The judge, who was charged in the county corruption investigation for allegedly fixing a foreclosure case, has been found guilty on three of the five charges he was facing.

Terry was found guilty of conspiracy to commit mail fraud and other mail fraud-related charges. 

In a phone interview with the Call and Post Terry said “I am disappointed in the verdict, but I respect the Justice System and the jury’s verdict and I plan to appeal the verdict.”

Terry, who has been on leave, refused a plea bargain offered by federal prosecutors. His case is directly connected to the investigation of government corruption within Ohio's most populous county. The main targets of that probe were former Auditor Frank Russo and former Commissioner Jimmy Dimora.

The most damaging evidence against Terry was wiretapped conversations between Terry and Russo. Prosecutors charged that Terry allowed Russo to influence his court's business – especially regarding a foreclosure case. 

During closing arguments the prosecutor said there are recorded phone conversations between Terry and former Cuyahoga County Auditor Frank Russo that proved Terry was corrupt.

“I did what you wanted in the case. I took care of the issues and denied all motions,” Terry allegedly said to Russo during one of the calls from July 2008.

The defense argued that there’s insufficient evidence to convict Terry. Terry’s attorney told the jury that his client is a smart guy, but naïve and not corrupt. He described the judge as a well-meaning, trusting court official.

Terry took the stand two different days during the trial. He testified that he gave both sides in the case in question equal footing.

Russo, who is facing 22 years in prison after pleading guilty to his role in the corruption scandal, testified earlier this week that he gave campaign contributions to Terry and expected to get benefits, like favorable rulings, in return.

Defense attorney Angelo Lonardo said they tried to present the taped conversations in a different light. "We had hoped the jury would find there was no benefit," he said, adding, "the phone conversations were always the case from day one. They were very difficult." Russo testified that he thought he could influence 10 judges.

Former Judge Bridget McCafferty has also been found guilty on all of her 10 counts. After less than a day of deliberations, a federal jury found former Cuyahoga County McCafferty guilty.

McCafferty, 45, was on trial in federal court for allegedly lying to the FBI in a two-hour conversation that was neither recorded nor videotaped on Sept. 23, 2008, about her actions involving two cases in her courtroom.

In non-legal terms, the 10 charges are that she "knowingly and willfully:"

1. denied that Dimora attempted to influence matters in her court;

2. denied that Dimora attempted to intervene in her cases;

3. denied the involvement of Dimora in any cases in her court;

4. denied telling Pumper she tried to settle the D-A-S lawsuit for less money;

5. denied trying to sway the D-A-S settlement in favor of D-A-S;

6. denied trying to settle the D-A-S case so Pumper could pay less;

7. denied Russo ever spoke to her about any cases in her court;

8. said the only conversations with Russo were about attorneys he knew that told him she was doing a good job in court;

9. said that the closest thing about a case Dimora or Russo ever talked to her about was that a particular attorney appeared in her court; and

10. denied giving Russo any special consideration on any cases in her court.

McCafferty faces up to five years in prison on each count. She will be sentenced on July 8, 2011.

Terry could face 20 years in prison for each count. He’ll be sentenced September 7.