...that Judge Nauhaus had improper communications with Mr. McCullough’s previous defense lawyer, Jon Pushinsky, in which the judge relayed through a mutual friend that Mr. Pushinsky should “go nonjury” for the trial.That part didn't go so well for our Chuck:
Mr. McCullough claimed in his petition that he wanted a jury trial but feared repercussions by Judge Nauhaus.
President Judge Jeffrey A. Manning denied McCullough's petition to recuse Judge Lester G. Nauhaus from his sentencing when one witness after another cited rules of evidence, attorney-client privilege or protected sources to avoid testifying at an evidentiary hearing.But that's not really the bad part.
“There's absolutely nothing on the record at all to indicate Judge Nauhaus was in any way not impartial ... aside from what was in your petition,” Manning said. “Without evidence, those claims are now scurrilous.”
The day after former Allegheny County Councilman Chuck McCullough lost his bid to have the judge on his case removed, he is to face new criminal charges of perjury and obstruction.I would have thought someone with a JD would have known that was coming.
Mr. McCullough is to turn himself in today at Pittsburgh Municipal Court. He received notice of the new charges Thursday; they apparently stem from his waiver earlier this year of his right to a jury trial both in writing and during an oral colloquy before Common Pleas Senior Judge Lester G. Nauhaus.
In those statements, Mr. McCullough said he waived his right to a jury trial voluntarily and free from any threat, but that waiver contradicts his recent claim that he made the nonjury decision under duress.
But I'm not a lawyer so what the heck do I know??