Sentencing Postponed For Former County Councilman Guilty Of Stealing From Elderly Woman

PITTSBURGH (KDKA) - Sentencing was postponed today for a former county councilman convicted of stealing money from an elderly woman's estate.

Charles McCullough was found guilty over the summer.

McCullough was convicted of 10 counts, including theft and misapplying entrusted funds.

He was accused of using his power of attorney to divert $50,000 from an elderly client to, among other things, support political candidates.

He arrived at court for sentencing on Monday with a big entourage, many of whom planned to testify on his behalf as character witnesses. Former county coroner Cyril Wecht was among them.

Many of his supporters had prayer before the sentencing hearing.

But his new defense attorney Megan Will, from Somerset County, filed a motion asking Judge Lester Nauhaus to remove himself from the case, alleging bias and improper communications during the trial. She would not comment to reporters.

Defense attorney Phil DiLucente, who is not affiliated with this case, says the timing is very unusual.

"This is extremely odd," said DiLucente. "In my career, I never remember a lawyer asking for a recusal post-trial, pre-sentencing, so it does beg the question will the judge be able to be objective with regards to all that has taken place because it is so highly unusual."

The sentencing was delayed, but when it happens, former McCullough's County Council colleague Matt Drozd will testify as a character witness.

"I was going to remind the judge of this," said Drozd. "If he had any idea that he thought he was going to incarcerate Mr. McCullough, along with a lot of people that are not hardened criminals and a threat to society. Because what they should be doing is putting them into community service."

Sentencing was put off till Dec. 17. By then, the judge wants specifics from the defense about their concerns, but it's still up to him as to whether he'll stay on the case.

Late this afternoon, Mike Manko, spokesman for Allegheny County District Attorney Steve Zappala issued the following statement:

"This pleading raises serious legal implications for the judge, the defendant's former attorney and the defendant himself. It also is significant that the defendant has alleged possible violation of the Code of Judicial Conduct. A fair reading of the arguments, if true, as alleged by the defendant, establish that the people of this Commonwealth were to be denied a fair and objective forum to determine the accused criminal culpability in such a serious matter, the financial exploitation and abuse of a 90-year-old woman."

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