Former justice makes appeal
NEW CASTLE — An attorney whose office prosecuted former Supreme Court Justice Joan Orie Melvin briefly took her side Tuesday, telling a state appeals court panel that it was bizarre and offensive for her to be ordered to send autographed apology photos of herself in handcuffs to every other judge in the state as part of her corruption sentence.
But the lawyer, Deputy Allegheny County District Attorney Michael Streily, also told the Superior Court judges that he’ll suggest Melvin be sent to prison if they overturn all or part of her punishment and order her resentenced by her trial judge.
“This judge did the most bizarre thing I’ve seen in 29 years,” Streily said, referring to his time as an attorney.
Melvin’s attorney, Patrick Casey, argued the sentence and underlying conviction were illegal and asked the three-judge panel to overturn both.
The panel heard the appeal in Lawrence County, where Melvin was convicted last year and sentenced to three years’ probation, a $55,000 fine and community service in a soup kitchen. Judge Lester Nauhaus also ordered Melvin to send the apologies, written on copies of a picture he ordered taken of Melvin in handcuffs minutes after imposing the sentence.
Melvin’s attorneys contend that ordering their client to apologize while her case remains on appeal violates her right against self-incrimination.
Streily has said that argument is irrelevant because Melvin apologized for her conduct before sentencing. But Streily made clear he disagreed with the picture aspect of the apology when Superior Court Judge Christine Donohue suggested the panel might at least overturn that portion of the sentence.
Streily contended, however, that Nauhaus didn’t sentence Melvin to prison because he felt the shaming photographs would sufficiently address what Nauhaus called Melvin’s “stunning arrogance” in using her state-paid staffers, and those of her sister, then-state Sen. Jane Orie, to run Melvin’s campaigns.
