DA argues against staying apology
PITTSBURGH — If disgraced Pennsylvania Supreme Court Justice Joan Orie Melvin doesn’t have to send out signed pictures of herself in handcuffs to apologize for her campaign corruption conviction, she should be subject to a more serious sentence that could include prison time, a prosecutor argued Tuesday.
The Superior Court last week agreed with Melvin’s attorneys to delay the apologies because they could be construed as self-incrimination. The defense has argued making Melvin send out the photos and a letter of apology to every judge in the state would be unfair while she appeals her conviction and sentence.
But Allegheny County District Attorney Stephen Zappala Jr. argued in response that Melvin was ordered to apologize in large part because sentencing Judge Lester Nauhaus said her “arrogance is stunning.”
Along with the apologies, Melvin was also ordered to spend three years on house arrest, work at a soup kitchen three days a week and fined $55,000.
The DA argued if the apology is voided, then Nauhaus should be given a chance to resentence Melvin — this time, possibly to prison.
Nauhaus “should be given the opportunity to stay the entire sentence, should he choose to do so, because it may be that without the rehabilitative benefit of an apology letter, appellant (Melvin) can only be rehabilitated by incarceration in a state prison,” Zappala wrote.
On the day Melvin, 57, was sentenced Nauhaus had court employees photograph her in handcuffs, and ordered her to sign copies of the picture along with a handwritten apology and send them to the state’s judges.
Melvin was convicted, along with her sister and former aide Janine Orie, of misusing the state-paid employees of a third sister, former state Sen. Jane Orie, and Melvin’s former Superior Court staff when Melvin campaigned for the Supreme Court in 2003 and 2009.
Janine Orie, 59, is serving a year on house arrest for illegally directing both of her sisters’ staffs to do the political work.
Jane Orie, 51, is serving 2½ to 10 years in prison for her separate conviction last year.
