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Orie to receive sentence today

PITTSBURGH — A judge was set to decide today whether former state Sen. Jane Orie deserves prison for her conviction on campaign corruption and forgery charges, as well as how much she must pay in various monetary penalties.

The 50-year-old Republican was convicted of five felony counts involving theft of service and conflict of interest for using her state-funded staff to perform political fundraising and campaign work and nine related misdemeanors. She resigned her seat last month.

Assistant District Attorney Lawrence Claus was expected to argue she deserves to go to prison, though he’s stopped short of saying for how long in court documents filed so far.

Allegheny County Judge Jeffrey Manning is expected to sentence Orie to incarceration.

However, questions remain about whether Orie must pay up to $2 million in restitution, as well as legal fees spent on her behalf by the state GOP caucus.

Prior to sentencing this morning, the judge gave attorneys time to confer about the disputed matters.

Manning last week froze Orie’s state pension account, containing about $90,000, and another account containing about $100,000 of what the prosecution claims are unused campaign funds. Claus wants Orie to surrender that money to help repay whatever penalties the judge imposes.

Orie was convicted in March on the theft and conflict of interest charges pertaining to the misuse of her staff, as well as evidence tampering for hiding some documents during the investigation and, finally, forgery and more evidence tampering charges for introducing bogus documents to discredit a witness at her first trial last year, which prompted Manning to declare a mistrial.

Although Manning could sentence Orie to probation, house arrest or a county jail term under state sentencing guidelines for the five felonies — the most serious charges she faces — Claus was expected to argue for a sentence in the “aggravated” guideline range, which could result in a state prison term. Claus argued at trial that Orie, a former prosecutor for the state attorney general and the same district attorney’s office that has now convicted her, had to know she was committing a serious fraud on the court when she introduced the forged documents last year.

Orie’s attorney, William Costopoulos, has argued Orie shouldn’t be responsible for the GOP caucus legal bills, most of which pertain to legal advice about how to comply with search warrants for e-mails and other electronic records used to prosecute Orie.

Claus’ request for the separate $780,000 penalty is based on the DA’s calculations that Orie received at least $260,000 worth of free political work from her state-funded staff and, under the crimes code, should be made to repay triple that amount. Costopoulos has argued the free work was worth about $25,000 — and further that the DA has no claim to her pension or campaign funds to pay such a penalty.

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