State Rep. Jeff Habay's 2003 campaign finance report included "substantial violations" of state election laws and should be reviewed by prosecutors, a judge has ruled. The report did not include employer information for nine donors who gave more than $250 each, failed to record more than $10,800 in payments and contributions, did not disclose a $6,000 donation from the House Republican Campaign Committee and did not properly account for three expense checks, Commonwealth Court Judge Robert Simpson said in a ruling Thursday in Harrisburg. The judge ordered the problems corrected within 60 days and referred the case to the Allegheny County District Attorney's Office. The violations were the result of negligence and were not intentional, Simpson said in a 29-page opinion. But the judge chastised Habay and said his testimony "was guarded, and at times, he appeared confused." Habay's lawyer, John Sheridan, nonetheless doubted county District Attorney Stephen A. Zappala Jr. would prosecute. "Many people every year make mistakes on their tax returns. The only ones where there's a criminal prosecution is when someone does it intentionally to deceive the government," Sheridan said. Simpson's ruling came two days after Habay's election to a sixth term and less than two weeks after the lawmaker waived a preliminary hearing on charges he used his state-paid legislative staffers to campaign. Zappala's office already is reviewing a state Ethics Commission finding that Habay improperly used state employees and resources on his campaigns -- and then lied about it under oath. The commission ordered Habay to pay the state $13,000 in restitution and referred the case to the Attorney General's office, which in September filed criminal charges accusing Habay of misusing public funds and violating ethics laws. Zappala spokesman Mike Manko said he didn't know whether Simpson's ruling would lead to prosecution and that it was unlikely to affect the current investigation. The $6,000 from the GOP campaign committee was used on an unpaid legal bill from a law firm Habay hired in 2002 to challenge a Democratic opponent's nomination. That money is in addition to $9,100 House Republicans spent to cover Habay's legal fees during the ethics probe and related matters and a $15,600 legal bill paid to defend him in the audit case. Simpson's ruling caps an effort by five North Hills residents to have a court audit Habay's campaign finance records. The judge found two of those petitioners to be biased against Habay and threw out their testimony. The opinion found most of the 15 complaints leveled against Habay to be negligible or unfounded. George Radich, whose testimony was thrown out, said he nonetheless was pleased by the outcome. "We got the referral to the DA, which we had asked for, and (the judge found) that there were substantial violations," said the former Habay volunteer and husband of an ex-Habay staffer. The judge also ordered Habay to pay for court costs, plus $62 for expenses racked up by Radich and the other four petitions. Habay's woes A look at state Rep. Jeff Habay's legal troubles: June 17: State Ethics Commission releases 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 is fined 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. Thursday: Commonwealth Court Judge Robert Simpson finds "substantial violations" in Habay's 2003 campaign finance report.
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