NILES — City council voted Wednesday to pass a resolution to petition the Ohio Parole Board to request convicted killer Fred Joseph serves the rest of his sentence.

Joseph was convicted in 1983 of the killing of Niles police officer John Utlak in 1982 and sentenced to 30 years to life in prison, but could get a parole hearing in September. The legislation passed unanimously by council comes after Senate Bill 256 was signed by Gov. Mike DeWine, eliminating life-without-parole sentencing for juvenile offenders.

The law creates new parole eligibility provisions for those who committed offenses under the age of 18 and makes it possible for juvenile killers to be released in the future. Joseph was 17 when he killed Utlak.

At a previous meeting, council heard from retired Niles police officer and current Vienna police Chief Bob Ludt, who asked council to contact the parole board and object to the possibility of Joseph’s parole. Council President Bob Marino Jr. recommended a resolution in support of Joseph’s continued incarceration.

“That kind of behavior is certainly not tolerated for any individual, not only in the city but across the country. The resolution that was passed I fully support, and hopefully the incarceration time is enough for (Joseph) to reflect on what he did and realize his heinous crime,” Mayor Steve Mientkiewicz said.

From a legal standpoint, Law Director Phil Zuzolo said the resolution has no legal effect, but signifies the city’s support for continued incarceration.

“As city representatives, it says they want him to stay in prison,” Zuzolo said.

First Ward Councilman Doug Sollitto has been a state corrections officer for more than 30 years, and said Joseph has not been rehabilitated due to numerous reports of poor behavior as well as assaults on some of the prison staff.

“Everyone comes in at medium-level security. Depending on how you do at that facility, individuals can either go to minimum-security or rise to maximum or super-maximum facilities,” Sollitto said. “He’s had more than 10 assaults on staff and has risen from medium security to one of the highest-level facilities in the state. As heinous as his crime was before he went to prison, he’s been predatory since he went to prison and has been to the rules and infraction board for rule violations over a couple dozen times. He’s now guarded at one of the highest-level prisons in the state.”

ANOTHER CASE

A second individual, Jacob LaRosa, is in prison for murdering 94-year-old Marie Belcastro when he was 15. Under SB 256, LaRosa also could be given leniency for the rest of his sentence. On Wednesday’s agenda, legislation was presented to council to oppose any chance at parole for LaRosa, but Sollitto addressed council and said doing so at this moment won’t be as impactful because LaRosa doesn’t have a chance to appear before the parole board for another eight years.

Sollitto told council due to the nature of LaRosa’s crime, including other felonies, his first parole hearing could be what Sollitto calls “flop,” meaning LaRosa wouldn’t make parole.

“He probably, realistically, won’t have a chance until he hits 20 years (in prison),” Sollitto said.

Sollitto added the legislation is premature in the sense that LaRosa’s hearing isn’t for quite some time.

“While I agree we should do everything we can to stop LaRosa from getting out, this resolution is very premature,” Sollitto said to council. “I would think we should revisit this when we get closer.”

After hearing what Sollitto had to say, council voted unanimously to table the resolution for a later date.

nhawthorne@tribtoday.com