McCullough sentenced to 2 1/2 to 5 years in prison for theft
Former Allegheny County Councilman Chuck McCullough wanted to be a political power broker.
Now he's stocking grocery shelves and could spend time in prison.
Common Pleas Judge David A. Cashman sentenced McCullough to 2 1⁄2 to five years in prison Thursday, followed by three years of probation, for stealing $50,000 from the $14 million estate of his late client Shirley Jordan. The money went to support Republican political campaigns and a charity his wife directed but was returned when the donations were investigated.
“Your actions were fueled by ego and self-interest. ... You've brought shame upon yourself and upon our profession, solely for your own political purposes,” said Cashman before sentencing McCullough to six to 12 months for each of his five felony theft convictions.
Under a program for first-time offenders, he could be eligible for release after about two years.
McCullough testified that his case, which dragged since 2009 through multiple judges, lawyers and appeals, was a humbling experience that led him to take on more volunteer work and a job stocking groceries two days a week.
“I personally apologize to you and the Court of Common Pleas for any undue delay that may be attributable to me and my vigorous defense,” McCullough said. “I certainly meant no harm to Mrs. Jordan.”
McCullough, 60, of Upper St. Clair was county solicitor under former County Executive Jim Roddey and was solicitor for several municipalities, including Upper St. Clair. The Jordan case hung over his tenure as an elected official: He withdrew from the race for an at-large seat on County Council because of a grand jury investigation but won anyway.
He held the seat from 2007 to 2011, when he resigned to run for county executive and lost in the Republican primary as his trial was pending.
His wife, Patricia McCullough, elected to Commonwealth Court in 2009, was among about 50 family, friends and spectators at his sentencing. Some sniffled quietly outside the courtroom afterward, but McCullough and his supporters were otherwise quiet during the hearing.
Judge Lester Nauhaus convicted McCullough in July on five counts each of theft and misappropriation of entrusted funds.
The Allegheny County court and the Pennsylvania Supreme Court rejected McCullough's efforts over the past month to get Nauhaus to recuse himself from the sentencing over allegations of improper behavior. President Judge Jeffrey Manning reversed course and transferred the sentencing to Cashman on Thursday.
Cashman said Nauhaus cited health concerns when he asked Manning to reassign the case; Nauhaus was in the courthouse but declined to comment.
Even McCullough's attorneys were surprised by the sudden switch, said attorney David Pollock, who joined Megan Will and appeals attorney Adam Cogan on the defense team. He questioned whether Cashman could have adequately reviewed the case and its transcript of about 2,500 pages.
“When Cashman came out, I didn't know what to think,” Pollock said. “That sentence was heavy-handed for an individual who's had 60 years of an exemplary record.”
Pollock asked Cashman to consider house arrest, probation and community service, saying McCullough's family could use the support.
McCullough remains free on bond pending appeals and post-trial motions. If none is granted to give him a new trial or sentence, he'll be sent to the state prison at Camp Hill on Jan. 22.
He has a hearing Jan. 4 on charges of perjury related to contradictory oaths he made before trial and his allegations against Nauhaus.
Ten character witnesses — including famed forensic pathologist Cyril Wecht, former U.S. District Judge Robert Cindrich and restaurant owner and lobbyist Kevin Joyce — testified that McCullough had a reputation for honesty, integrity and volunteer work. Many pointed to pro bono work he did in fighting UPMC's decision to close its Braddock hospital.
“He showed up at one meeting like an angel from heaven and told us he was a lawyer,” said Virginia Eskridge, part of Save Our Community Hospitals, a group that unsuccessfully sought to keep the hospital open. “Anybody who was willing to take on UPMC was a gift.”
Assistant District Attorney John Fitzgerald said McCullough's theft “overshadowed” his other service.
“He got political ambitions in his head and found a source of money to satisfy those ambitions,” Fitzgerald said.
Matthew Santoni is a Trib Total Media staff writer. Reach him at 412-391-0927 or msantoni@tribweb.com.
