Ex-county councilman guilty in theft case
Sent widow’s $50K to candidates, charity
Charles P. McCullough, a former Allegheny County councilman and solicitor, was found guilty Friday of illegally cutting checks on behalf of an elderly widow to local Republican candidates and to a charity his wife ran.
Mr. McCullough, 60, of Upper St. Clair, was acquitted of the remaining 14 of 24 counts in his theft trial, which began in April, stemming from charges filed in 2009.
Mr. McCullough was accused of stealing from Shirley H. Jordan, who was worth $14 million and had dementia, when he possessed power of attorney over her affairs and was a co-trustee of her trust fund in 2006 and 2007.
Before Senior Common Pleas Judge Lester G. Nauhaus announced his verdict in the nonjury
trial, Mr. McCullough declined to testify on his behalf or present character witnesses. He left the courtroom without speaking to reporters.
“My heart goes out today to Mr. McCullough and his family,” defense attorney Jon Pushinsky said after the verdict was returned.
Mr. Pushinsky declined to talk about the possibility of an appeal or Mr. McCullough’s sentencing, which is scheduled for Nov. 9.
District Attorney Stephen A. Zappala said in a statement: “I am pleased that this defendant, an attorney retained to protect Mrs. Jordan’s financial interests, is being held responsible for what I consider an egregious misuse of trust.”
Judge Nauhaus found him guilty of the 10 charges related to $40,000 in contributions made to local Republican candidates and a $10,000 donation made to Catholic Charities — five third-degree felony theft charges and five second-degree misdemeanor counts of misapplication of entrusted property. Third-degree felonies are punishable by a maximum of 3½ to seven years imprisonment; second-degree misdemeanors carry a maximum sentence of one to two years.
During his closing argument Thursday, Mr. Pushinsky said cutting checks to candidates wasn’t prohibited by the power of attorney document or the 1996 trust that Mr. McCullough oversaw. But assistant district attorney John Fitzgerald countered that once Mr. McCullough became involved, Ms. Jordan’s interests became “alarmingly aligned” with his.
And although Mr. Pushinsky said that making a charitable contribution was in Ms. Jordan’s interest, Mr. Fitzgerald said testimony showed she had never made such a large contribution or any donation to Catholic Charities, which Mr. McCullough’s wife ran at the time.
Mr. McCullough’s case languished for years with postponements and questions about jurisdiction. Ms. Jordan died in 2010.
The investigation began after former Pittsburgh Post-Gazette reporter Dennis Roddy wrote in a story published April 13, 2007, that $40,000 had been donated in Ms. Jordan’s name to local Republican candidates.
“For me, it was an interlude. For Chuck McCullough, it was eight years,” Mr. Roddy said. “I’m beginning to wonder if he hasn’t served his sentence already.”
Mr. McCullough reported to police that the reporter had acted inappropriately
Judge Nauhaus found him guilty of ... five third-degree felony theft charges and five seconddegree misdemeanor counts of misapplication of entrusted property.
while interviewing Ms. Jordan, but witnesses confirmed Mr. Roddy’s account of the conversation. Mr. Roddy testified during the trial.
“The Post-Gazette stood firmly behind me and my reporting on this and did so all the way up through the McCullough trial, and that speaks very highly of the newspaper’s commitment to public-interest journalism,” he said. “I’m really grateful that the paper stood with me when I was facing these accusations.”
Some current members of Allegheny County Council recalled Mr. McCullough as a knowledgeable professional during his tenure from 2007 to 2011 and earlier as solicitor under former county Executive Jim Roddey.
An at-large Republican, Mr. McCullough was a vocal critic of then-county Executive Dan Onorato’s administration over regulation and control of funding of county entities such as the Port Authority and the airport authority and revenue from the county drink tax.
Mr. McCullough filed a lawsuit against the county, prompting a Common Pleas Court judge in 2009 to rule that the county had to spend all excess revenue from the drink and car rental levies only on the Port Authority.
Councilman Charles Martoni, D-Swissvale, sat next to Mr. McCullough and remembered him as a “vocal” and “active” member of the part-time legislative body.
“I had a nice relationship with him. I feel real bad about the whole thing. I don’t know the details on the charges,” he said.
Councilman Nick Futules, D-Oakmont, said he was “always a gentleman with everyone on council.”
“I have nothing ill to say about him. I think he was a good guy on council,” he said. “Now, what he did outside of council — I can’t really comment on that.”