Diebold's attorney questions bail amount, 'confession'

Leechburg police Chief Mike Diebold's lawyer hopes to get him released from jail as soon as possible despite the $500,000 bond that's keeping him there.

And New Kensington-based attorney Duke George said he questions the confession Diebold allegedly made regarding child-sex accusations and some of the evidence that the state Attorney General's Office says it has compiled.

Diebold, 40, of Forks Church Road in Gilpin was arrested Friday after attempting to rendezvous with a 14-year-old girl for sex, according to the state attorney general.

The girl that Diebold allegedly had been communicating with online was actually an undercover state agent, authorities say.

He is charged with unlawful contact with a minor and criminal attempt to commit involuntary deviate sexual intercourse.

George said in a phone interview Sunday with the Tribune-Review he is working to secure the $500,000 bond to have Diebold released from jail.

“Nobody can come up with a half-a-million dollars,” George said. “I'm just so surprised that the bond's so high.”

George said he feels Diebold is being punished with a bond that high, which isn't the point of bond. It's meant to ensure a suspect shows up for their court case.

George said he has represented homicide cases where the bond has been lower than what District Judge Cheryl Peck Yakopec set for Diebold.

George said a typical bond for this type of case is $25,000 to $50,000.

“He's entitled to the same due process as anybody else,” he said.

During Diebold's arraignment Friday night, held before Diebold had a lawyer, Yakopec said she set the bond at $500,000 straight because of the seriousness of the charges.

Straight bond means the suspect would have to come up with that entire amount; in other cases, they only need to come up with a percentage of that amount up front but would lose the entire amount if they skip town.

But Yakopec told Diebold she wasn't sure the community would be safe if he was out of jail.

George said Diebold not having an attorney at the arraignment was why the bond was set so high.

“Unfortunately he was there, he was by himself, and that's what the attorney general asked for,” George said.

Diebold asked Yakopec to reconsider but she declined.

Yakopec was reached by phone Sunday and declined to comment further on the bond, but said she told Diebold on Friday he could ask for it to be lowered at his preliminary hearing.

Lawyer questions certain evidence

George said he was hired by Diebold's family. He declined to elaborate on where his fee was coming from, or if any of the donations given to the family for Diebold's recovery after losing part of his arm in a fireworks accident would be used for his defense.

George had just left Diebold at the Westmoreland County Prison in Hempfield on Sunday and said his client was “doing OK.”

George said Diebold plans to plead not guilty at his preliminary hearing on Jan. 16 in front of Yakopec in Allegheny Township.

“Historically, everybody that I represent at a preliminary hearing pleads not guilty and requests a jury trial,” George said.

George said that's because the defense needs more time to gather evidence and documents that aren't typically available before a preliminary hearing.

George said there are “a lot of problems” with the affidavit, especially the part that includes an alleged confession from Diebold.

George also said he is trying to gather the forensic evidence of online conversations and photos that the attorney general references.

“The way they represented it is not the way it happened,” he said.

George wouldn't elaborate, but said everything would be addressed at the preliminary hearing.

Emily Balser is a Tribune-Review staff writer. Reach her at 724-226-4680, emilybalser@tribweb.com or via Twitter @emilybalser.