Public corruption case ends in mistrial
1 juror changed his mind in case against sheriff
A mistrial was declared Friday in the criminal case against Westmoreland County Sheriff Jonathan Held after the jury returned a guilty verdict — and then one juror changed his mind.
“He’s elated,” Ryan Tutera, the sheriff’s attorney, said Friday night. “How can he not be happy about this? This is a political prosecution.”
The state Attorney General’s office accused Sheriff Held in February of directing on-duty deputies to collect political contributions for his 2015 re-election bid. Sheriff Held, 44, of Claridge, has denied the allegations.
Prosecutors have 90 days in which to refile. One count of theft by unlawful taking was dismissed during the week and cannot be refiled, according to Mr. Tutera.
“We will now take the case under close advisement before deciding next steps,” said Joe Grace, spokesman for the Attorney General’s office.
Jurors began deliberating Friday afternoon at the Westmoreland County Courthouse in Greensburg following closing arguments in the case, which began Wednesday.
Mr. Tutera said jurors sent two questions to Cambria County Common Pleas Senior Judge Timothy P. Creany, who was presiding. One asked for a definition of de minimis — so small as to be insignificant — and the other inquired how long it would take before a mistrial could be declared, according to Mr. Tutera.
The surprise ending occurred after the jury deliberated for only several hours. Jurors returned a guilty verdict on charges of conflict of interest, a felony, and diversion of services connected with allegations that the sheriff had county employees work on his re-election campaign on county time and with public resources.
After the foreman read the verdict of guilty on all counts, Mr. Tutera asked that the jurors be polled individually to state their positions.
Mr. Tutera said when they got to Juror No. 6, the man essentially acknowledged that he did not agree with the guilty verdict.
Ultimately, Judge Creany declared a mistrial.
Based on the swing juror’s statements, Mr. Tutera said he believed there were others on the panel who were not settled on a guilty verdict.
“I’m happy to see that somebody stood their ground and didn’t go along just to get along,” Mr. Tutera said. “The juror should be
commended for standing up for his beliefs and what was right.”
In opening statements, Deputy Attorney General Bobbi Jo Wagner told jurors, “What this case is really about is the defendant’s ego. It’s his ego and his belief that he, as an elected official, is above the law.”
Mr. Tutera countered that in his remarks to jurors, rejecting implications that his client pressured workers in the sheriff’s department to help him win re-election.
“He never commanded them to do anything. He never coerced them to do anything,” Mr. Tutera said Friday. “He told them, ‘Do this on your own time. Do not do this on work time.’ They did it voluntarily. They chose to do this on their own.”