DA files 20 criminal counts against Habay
Embattled state Rep. Jeff Habay falsely claimed a political foe mailed him a suspicious white powder, Allegheny County prosecutors charged Wednesday.
A 20-count criminal complaint filed by the county District Attorney's Office is the latest in a series of political and legal woes for the Shaler Republican. It also charges that Habay directed state-paid staffers to do background checks on political opponents and campaign work on public time.
Much of that work came after a March 25, 2004, ruling by the State Ethics Commission that Habay had violated state law by using state-paid workers and facilities for political purposes, court documents state. In many instances, the efforts were aimed at blocking probes into Habay's campaign records.
Calls to Habay were referred to his attorneys, James Ecker and John Elash. Elash could not be reached. Ecker said he had not read the charges and declined comment.
Habay is to surrender next week.
The powder Habay told police he'd discovered while opening mail in his Redstone Drive home on May 5 turned out to be Arm & Hammer baking soda. The lawmaker told police he did not recognize the return address on the envelope, which postal inspectors traced to George Radich, of Shaler, a Habay foe and one of five constituents who called for an audit of his campaign finances.
Postal inspectors searched Radich's Middle Road home, seizing containers of baking powder and Shop 'n Save baking soda, none of it matching that found in the envelope. Inspectors questioned Radich, Habay and Habay's wife, Nubia, before concluding that the lawmaker had lied about not recognizing Radich's address, according to court documents. The postal service spent $8,650 investigating the complaint, the documents said.
"I was definitely taken aback when a powerful Harrisburg politician accused me of something associated with terrorism," Radich said.
Habay also had staffers research court and real estate records of Radich and the others who requested the audit, including Janet Martin, of Shaler.
"I think he should resign," Martin said. "With each (incident) he became more and more dangerous."
Habay's status in the House, where he is serving his sixth term, remains unchanged, said House Parliamentarian Clancy Myer.
"If there is a finding (of guilt) of any kind of felony charge, we would expect that member would resign upon conviction," Myer said.
Habay is charged with six felony counts, including conflict of interest, theft of service, and facsimile weapons of mass destruction.
When convicted representatives do not resign, other House members usually seek removal, Myer said.
House GOP spokesman Steve Miskin and Habay chief of staff Melissa Farabaugh both declined to comment.
"I have been very disappointed at the behavior of Jeff Habay and as a Republican," said former Allegheny County Chief Executive Jim Roddey, an Oakmont Republican. "I'm sorry to see someone from our own party be accused of what he's been accused of. If he's found guilty, he should resign from his office."
Court documents supporting the charges against Habay claim he flouted ethics laws in a series of efforts to thwart probes into his campaign records.
Mike Manko, spokesman for District Attorney Stephen A. Zappala Jr., declined to comment.
In addition to the felony charges, Habay is charged with misdemeanor and summary offenses that include filing false reports, retaliation against a witness, criminal mischief, criminal solicitation, all misdemeanors and harassment.
According to court documents:
Additional Information:
Habay dateline
A look at state Rep. Jeff Habay's legal troubles:
June 17: State Ethics Commission releases a 43-page report finding that Habay violated state ethics laws by using state-paid employees, office and equipment for political purposes and then lying about it. Habay, who received the report three months earlier, is ordered to repay nearly $13,000.
June 30: Allegheny County District Attorney Stephen A. Zappala Jr. announces that he is conducting a criminal investigation of Habay in the wake of the state Ethics Commission's findings.
July 18: Five Habay constituents appear before a Commonwealth Court judge in Harrisburg to ask for an audit of the lawmaker's campaign finances.
Sept. 17: Habay is charged by the state Attorney General's Office with theft of services and conflict of interest for allegedly using state-paid staffers and office facilities for campaign work.
Oct. 25: Habay waives a preliminary hearing on the theft of services and conflict of interest charges. He is warned by Shaler District Justice Robert Dzvonick not to have contact with witnesses. Former legislative analyst Grant W. Stapleton says Habay accosted him Oct. 1.
Nov. 5: Commonwealth Court Judge Robert Simpson finds 'substantial violations' in Habay's 2003 campaign finance report.
