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Source: Pittsburgh Post-GazetteOct.文件倉 22--A state appeals court this morning heard arguments in the pending criminal case against former Allegheny County Councilman Charles P. McCullough.Mr. McCullough, 58, of Upper St. Clair was charged in 2009 with stealing nearly $200,000 from an elderly woman for whom he served as a trustee power of attorney. Also charged is his sister, Kathleen McCullough, who served as a companion to Shirley Jordan, earning $60 per hour.The brother and sister are charged with conspiring to steal Jordan's money.The case, which has been postponed at least eight times, is on hold as Mr. McCullough's attorney, Jon Pushinsky, appealed a decision by the trial court denying his motion to dismiss the charges.Allegheny County Common Pleas Judge Donald E. Machen denied the motion in March 2012.Mr. Pushinsky this morning argued to the Pennsylvania Superior Court that the charges against his client are prohibited because the issues at hand were decided in a court of equal jurisdiction -- Allegheny County Orphans Court -- in 2008, and that the district attorney's office was a party to that action. According to Mr. Pushinsky, the prosecution should have filed a petition to reopen the case, which can be done for up to fiv存倉 years, and it failed to do that.But Assistant District Attorney Keaton Carr argued that his office was not a party in the orphans court matter, that orphans court does not handle criminal matters and therefore Mr. McCullough's argument falls."This was not a mistake by Charles McCullough and Kathleen McCullough," Mr. Carr said.In his argument this morning, Mr. Pushinsky also said that all of the expenses approved by Mr. McCullough as power of attorney were approved by either PNC Bank or Northwest Bank, which held Ms. Jordan's accounts. Those were then upheld by Orphans Court Judge Lee Mazur."Once orphans court saw there was no problem with these transactions, the commonwealth cannot prosecute him," Mr. Pushinsky said.But Mr. Carr disagreed."Just because you fool everyone, and you don't look at the document closely, doesn't mean it's valid," he said. "He still had a duty to be acting in the victim's interest."Making political contributions and donating to charities to curry favor for himself is not in her best interest."Paula Reed Ward: pward@post-gazette.com or 412-263-2620.Copyright: ___ (c)2013 the Pittsburgh Post-Gazette Visit the Pittsburgh Post-Gazette at .post-gazette.com Distributed by MCT Information Services儲存