Democracy Has Prevailed.

December 21, 2018

Chuck McCullough Update

Hey, remember Chuck McCullough?

Remember when he was found guilty of "illegally cutting checks on behalf of an elderly widow to local Republican candidates and a charity his wife ran"?

That was 1239 days ago. And Chuck McCullough still hasn't gone to prison for the crimes for which he was found guilty.

In contrast, it was 1239 + 1 days between the attack on Pearl Harbor and the death of Adolph Hitler.

Guess what's happened?

This:
Former Allegheny County Councilman Charles McCullough, who was found guilty of taking money from an elderly widow for whom he served as power of attorney, has scored at least a partial procedural victory in his appeal to the state Superior Court.

In a 2-1 opinion, the panel has ordered that Mr. McCullough's motion to have the trial judge recused from his case because of alleged inappropriate, one-sided conversations he had regarding the defendant, be heard again -- this time with the requirement that the judge and defense attorney be permitted to testify.

Ultimately, Mr. McCullough, who has not yet begun serving his sentence, could receive a new trial, but any such development would be months away.
As I remember it, his appeal is on hold pending this issue.

There's also a separate issue:
Mr. McCullough still faces perjury charges that were filed against him shortly after the hearing on the recusal issue. They stem from his statements to Judge Nauhaus, prior to trial, that he was voluntarily waiving his right to a jury trial, and that the decision to have a bench trial was made on his own free will and free from threat.
Why is this an issue? What's the deal on the perjury?

This is what I wrote on February 19, 2017:
Basically, after the non-jury trial was done, he said he took a judge-only trial because he feared repercussions from judge Nauhaus if he didn't. On the other hand, he said under oath that no one threatened or coerced him into taking the judge-only trial. [Bolding in original.]
By the way, Chuck was arrested more than 9 years ago.

2 comments:

StandingBull said...

So, don't we have to ask ourselves what gives? Surely the legal maneuvering can't be all it is... perhaps some DA overreach and they've been negotiating some mutual way out of this all of this time? At this rate, the SOL may come into play!

Dave B said...

What is going on here? No updates? How long will this go on? It must be an interesting story.