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Motion To Remove Judge From Former Councilman's Theft Case Thrown Out

PITTSBURGH (KDKA) – A judge who found a former county councilman guilty of stealing money from an elderly woman's estate will remain on the case.

Former Allegheny Councilman Charles McCullough was convicted of misappropriating funds from an elderly client and diverting them to political campaigns, but just before sentencing, McCullough claimed Senior Judge Lester Nauhaus made improper efforts to get McCullough to choose a non-jury, rather than a jury trial, and talked to his secretary about the charges for which McCullough should be found guilty.

All parties were summoned to a hearing before presiding Judge Jeffrey Manning. Thursday, prosecutor Steve Zappala explained why.

"Judge Nauhaus is either a witness, and he's going to deny it, or he's complicit in what the defendant has alleged," Zappala said. "Either way, he can't sit as a fact finder in a hearing involving this matter."

Thursday morning, four witnesses were called during a hearing on the actions of Nauhaus during the McCullough case. None of them were able to testify about any substantial issues regarding whether he acted improperly.

When the defense called Judge Nauhaus, the judge's attorney argued he could not be called as a witness and Judge Manning agreed.

Manning then threw out the motion to remove Nauhaus from the case.

One witness, Martin Schmotzer, a friend of McCullough, refused to identify a third party who supposedly had knowledge of a relevant conversation.

When the defense called for McCullough's attorney, Jon Pushinsky, to testify about his conversations with McCullogh, Pushinsky's lawyer objected, claiming he needs a full waiver of attorney client privilege to testify.

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.

Sentencing is now scheduled for Dec. 17.

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