Orie appeal to delay corruption retrial
PITTSBURGH — Republican state Sen. Jane Orie’s Superior Court appeal has indefinitely delayed her retrial on public corruption charges that had been scheduled to begin Monday.
Orie’s attorney today appealed an Allegheny County judge’s refusal to bar the retrial on double jeopardy grounds and the judge’s refusal to remove himself from the case. Manning also refused to delay the retrial he scheduled for Monday after declaring a mistrial in her first trial last month.
But as part of his order, Manning also says jury selection will be delayed while the Superior Court decides whether to accept the defense appeal.
That means the retrial is on hold at least until later next week and possibly for months if the Superior Court accepts the appeal and orders the trial delayed in the meantime.
Orie is scheduled to be retried on conflict of interest and other public corruption charges alleging that she used her legislative staff to do campaign work for her and her sister, State Supreme Court Justice Joan Orie Melvin.
Allegheny County Judge Jeffrey Manning declared a mistrial March 3 while jurors were deliberating in her first trial. The mistrial came after prosecutors pointed out that two defense documents used to discredit a key witness were likely forgeries.
Orie’s attorney, William Costopoulos, wrote in his appeal that the state Superior Court should recuse Manning from the retrial. Costopoulos said the judge’s decision to declare the mistrial was hasty and ill-considered.
Costopoulos said a retrial would violate Orie’s constitutional right against double jeopardy, which prevents a defendant from being tried twice on similar charges.
All parties in the case remain under a gag order Manning imposed and are not allowed to comment on the appeal.
