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Smithfield’s former mayor, Patricia Freeland, sentenced to 30 days in jail, six months in prison

Former Smithfield Mayor Patricia Freeland listened during a sentencing hearing on Monday in Jefferson County Common Pleas Court. A jury in October found Freeland guilty of theft in office, insurance fraud and failure to remit wage taxes to the state. Visiting retired Judge Judge John M. Solovan sentenced Freeland, 74, to 30 days in jail and six months in the Eastern Ohio Correction Center. — Mark Law

STEUBENVILLE — Former Smithfield Mayor Patricia Freeland was sentenced Monday by visiting retired Judge John M. Solovan to 30 days in the county jail and then six months in the Eastern Ohio Correction Center.

In October, a Jefferson County Common Pleas Court jury found Freeland guilty of theft in office, insurance fraud and failure to remit wage taxes to the state.

Solovan admonished Freeland, saying she at first wanted to do what was best for the village but then her actions turned criminal by committing the insurance fraud and not paying the wage taxes to the state.

Two of the charges stemmed from a break-in at the village’s wastewater building in July 2009. Pumps were reported stolen, but a state auditor’s office investigator said the pumps were damaged and not taken. The village submitted an insurance claim, with testimony showing Freeland handling the paperwork on the claim. Testimony showed an invoice for pumps installed in 2008 was combined with an August 2009 quote for pumps, which weren’t purchased, onto one document. The forged document was submitted and an insurance company made partial payment for the pumps, which were never installed. The money, $8,539, was deposited into the village’s general fund.

State law requires municipal officials to collect and remit wage taxes of employees. Solovan told the jury ignorance of the requirement is not a defense.

Federal and state wage taxes weren’t remitted from 2001 through 2014.

Solovan ordered Freeland to make $8,539 in restitution to the insurance company.

Solovan said Freeland must report to the county jail on Jan. 9. He also ordered Freeland placed on monitored house arrest if she is released early from the Eastern Ohio Correction Center. She has to perform 240 hours of community service within six months of her release from the correction center.

Freeland will be on probation for three years. She faces 30 months in prison if she violates the terms of probation. She is barred from holding public office in the future, the judge said.

Freeland took the stand during her sentencing hearing and said she let her pride rule her. She said the job was overwhelming with the village’s financial condition and she was unable to accomplish the things she wanted to do.

Freeland, prior to sentencing, said she was sorry for the embarrassment she caused her friends and family.

Special state prosecutor Stephanie Anderson said Freeland was not motivated out of personal malice, adding it was clear Freeland loved the village. Anderson said it was apparent to others that Freeland was running her own personal kingdom and that Freeland blamed others when she was faced with the charges.

Anderson said the state had no recommendation for sentencing.

Defense attorney Francesca Carinci said Freeland has “owned up” to what she did.

“She didn’t do these things to be queen of Smithfield. She truly loved Smithfield,” Carinci said.

Freeland has multiple health problems and a prison sentence wouldn’t be appropriate, Carinci said.

Current Smithfield Mayor Diane Holcombe testified the village still is dealing with wage tax issues. She said the village has a current debt of $1.3 million, mainly from the village’s faulty sewage treatment system, adding it is hard for a village with only 860 residents. She said the residents have lost faith in village leaders, and two council seats remain open because no resident is willing to serve.

Solovan noted the presentence investigation showed Freeland still was in denial of the charges against her even after the verdict.

“After you became mayor, you became a criminal. The people of the village need to know and trust public officials are honest. The love of the village is not justification of criminal activity when you are a public official,” the judge said.

Two former village clerks in Smithfield pleaded guilty on March 22 to an amended charge that they failed to remit employees’ wage taxes to the state.

Deborah Coconougher, 51, 218 W. Warren St., Cadiz, and Janice McCoy, 56, 240 Hill St., Rayland, pleaded guilty to the charge when it was amended from a felony to a misdemeanor.

McCoy testified in Freeland’s trial.

Solovan on Monday gave McCoy a four-month suspended jail sentence and placed her on probation for two years. McCoy has to perform 160 hours of community service within six months.

Anderson said McCoy received no training to be village clerk and only did what she was told to do by Freeland.

McCoy, prior to sentencing, said she regrets what happened.

“I just did what I was told to do,” she said.

Solovan said McCoy was negligent in exploring her legal duties as clerk. He told McCoy she listened to and followed a person (Freeland) that didn’t have her best interests in mind.

Coconougher’s sentencing is pending. She is expected to testify in the Jan. 17 trial of Smithfield Police Chief Robert Mieczkowski, 59, 532 Bantam Ridge Road, Wintersville, who was indicted on one count of having an unlawful interest in a public contract from April 2013 to October 2014. Mieczkowski is on leave as chief. He is charged with selling the village police department an SUV and accepting payment.

 

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