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Former County Councilman Gets 2 1/2 To 5 Years For Stealing From Elderly Woman

PITTSBURGH (KDKA) – After six years of court battles and a dispute over whether the trial judge was biased, a former Allegheny County councilman was sentenced to jail on theft charges.

But he wasn't sentenced by the judge who presided over his trial, and that started a controversy all its own.

Judge Lester Nauhaus, who presided over years of legal wrangling in the case, was in the courthouse Thursday, and most people expected he would pronounce sentence.

Defendant Charles McCullough tried to get Nauhaus off the case just before the original sentencing date, claiming Nauhaus was biased.

Nauhaus rejected McCullough's claim and refused to recuse himself. But when the hearing began, Administrative Judge David Cashman presided, saying that Nauhaus told President Judge Jeffrey Manning that for health reasons, he wanted another judge to handle sentencing for McCullough.

Cashman told McCullough his breach of trust was fueled by ego and self-interest and sentenced him to 2 1/2 to 5 years.

"I was surprised," defense attorney David Pollock said. "There was no order to the effect that Judge Cashman would be the one imposing the sentence. I thought the sentence seemed heavy handed for an individual that's had 60 years of exemplary record."

McCullough is out on bond for 30 days pending appeal. If no appeal is successful, he reports to jail in late January. The defense thought he was eligible for probation or house arrest.

"Very disappointed," Pollock said. "I'm sure he and his family are quite crushed."

Mike Manko, spokesman for the district attorney, released this statement after the sentencing:

"District Attorney Zappala has made protecting our older citizens from financial and physical abuse a priority in this office. When a lawyer is admitted to the Pennsylvania Bar, he or she takes an oath to discharge their duties with fidelity and to not take money from clients in a distasteful or dishonorable way. Anyone who has ever been in the position of caring for an elderly person would find it unconscionable that anybody, especially an attorney, would use that position of trust for personal gain. Hopefully this verdict and sentence will reinforce how important it is for anyone in a caretaker position to carry out their duties responsibly."

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