Former Allegheny County Councilman Charles McCullough is in the custody of the sheriff’s office this morning — more than five years after he was sentenced to prison for stealing from an elderly widow.
The 66-year-old from Upper St. Clair reported to the courtroom of Common Pleas Judge David R. Cashman Tuesday morning to begin serving his 2½- to 5-year prison term imposed for five counts each of theft and misapplication of funds. McCullough’s adult son and daughter and a priest were present.
His wife, Commonwealth Court Judge Patricia McCullough, was not there. She is running for state Supreme Court in this year’s Republican primary. She has served on Commonwealth Court since 2010.
A perjury case, filed on the heels of his initial conviction, stemming from McCullough’s testimony was withdrawn by the prosecution on Tuesday.
McCullough, dressed in a black blazer and black Nike sneakers, thanked the people who have supported him as he was led away in handcuffs.
Whether he’d actually be incarcerated still seemed largely in question when, after McCullough had already been taken by a sheriff’s deputy to the courthouse bullpen, Cashman summoned him back to the courtroom.
Then, Cashman went on the record to tell McCullough that he is eligible for a 25% reduction in his minimum sentence, under a state program for non-violent offenders, bringing his minimum to 22½ months — down from 30.
“I like that,” McCullough said.
“I presumed that you might,” Cashman responded.
McCullough then raised the issue of recent health problems and again asked the court if he could serve his sentence on house arrest.
Last week, McCullough filed a motion to modify his sentence, noting that he tore his rotator cuff in his right shoulder this winter and requires surgery. Attached to the motion were a letter and medical records from his doctor suggesting that the state prison system does not have the capability of performing the surgery and rehabilitation properly.
Cashman said he had no jurisdiction over the matter, and the state Supreme Court denied the request on Monday.
When Cashman referred to the medical records as “supposition,” McCullough said, “These aren’t supposition. They’re facts.”
Cashman responded, “They’re your facts, not mine.”
Still, the judge left open the idea of having a hearing in 90 days to take testimony on the issue. Until then, McCullough will be imprisoned.
Cashman ordered him to be taken to the State Correctional Institution at Camp Hill for processing.
McCullough said his medical concerns have created extenuating circumstances that require a change in his sentence.
“I don’t care whether they’re extenuating,” Cashman said. “I’m not making a deal with you.
“We’ve been doing that for 13 years.”
McCullough was initially charged in 2009 with taking money from an elderly woman for whom he had power of attorney.
It took until 2015 for the case to go to trial. Senior Common Pleas Judge Lester G. Nauhaus presided over a bench trial and found McCullough guilty of stealing $50,000 from the estate of Shirley Jordan. McCullough used the money for political contributions and for a charity his wife was involved in.
As McCullough’s sentencing approached, he filed a motion seeking to remove Nauhaus from the case, alleging that the judge had improper conversations about the case with a secretary in the courthouse. McCullough also alleged that he felt pressured to have a bench trial instead of going before a jury.
There was a hearing on the matter before then-President Judge Jeffrey A. Manning. McCullough’s motion was denied, but on the day of sentencing in December 2015, Cashman appeared to preside, saying that Nauhaus had stepped aside for medical reasons.
Cashman ordered McCullough to serve five consecutive six- to 12-month sentences. However, he allowed him to remain free pending appeal.
Over the course of the next five years, McCullough filed motion after motion alleging corruption, prosecutorial misconduct and seeking a modified sentence.
When he again asked for house arrest on Tuesday, Assistant District Attorney John Fitzgerald objected.
“The commonwealth feels the sentence imposed was appropriate at that time and remains appropriate now,” he said. “He’s not the only state prisoner with health issues.”
Paula Reed Ward is a Tribune-Review staff writer. You can contact Paula by email at pward@triblive.com or via Twitter .
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