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Judge finds records admissible in Orie ethics case

PITTSBURGH — Evidence seized from Republican state Sen. Jane Orie’s phone, e-mail and computer records can be used as evidence against her at trial on conflict of interest and other charges for allegedly using her state-funded staff to do campaign work for herself and her sister, Supreme Court Justice Joan Orie Melvin.

Allegheny County Common Pleas Judge Jeffrey Manning announced his decision today at a pretrial conference, though he told a county prosecutor and defense attorneys for Jane Orie and another sister, Janine, that he’ll issue a written opinion on Monday.

Although the conference was meant to clear the decks of legal issues before the trial, two issues emerged regarding delaying the trial, which is scheduled to begin next month.

Manning had planned to start jury selection on Feb. 7 but pushed it back a day because the Pittsburgh Steelers are playing in the Super Bowl the night before.

But the other issue could potentially delay the trial for months.

Jane Orie’s attorney, William Costopoulos, told Manning by speakerphone that he may appeal the judge’s ruling earlier this week rejecting the senator’s claim that the state conflict of interest law used to charge her is unconstitutionally vague.

Among other things, Costopoulos contends the law blurs the distinction between work the senator’s legal staff does for constituents — which might make them want to re-elect her — and outright campaigning and fundraising, which her staff is alleged to have done routinely since 2001.

Costopoulos asked Manning to certify his appeal, meaning that the judge deems the issue so constitutionally important that the trial must be delayed until the state Superior Court can decide the issue. And even if Manning refuses, Costopoulos could still ask the higher court to delay the trial — though that’s less likely under such an appeal.

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