The Pennsylvania Supreme Court on Thursday declined to take an appeal by former Allegheny County Councilman Charles McCullough — clearing the way for him to begin serving a 2½-to 5-year prison term he received in 2015 for stealing thousands from a widow’s estate.
In a one-page order, the appellate court denied McCullough’s petition asking to appeal his conviction on five counts each of theft and misapplication of funds.
The court also rejected a request to have McCullough’s conviction thrown out over alleged prosecutorial misconduct.
Allegheny County Common Pleas Judge David R. Cashman issued an order in June asking McCullough, 65, to report to his courtroom to begin serving his sentence.
However, McCullough’s attorney filed an emergency motion with the state Superior Court, saying that his client had been granted a stay on his sentence pending appeal, and the Supreme Court had not yet decided that appeal.
The Superior Court, which affirmed McCullough’s conviction in March, granted the stay pending the Supreme Court decision. It noted in its opinion on the issue that the trial court cannot take any action on McCullough’s case until the record is remanded to it.
That should now happen within 30 days.
Prosecutors said that McCullough, who was initially charged in 2009, stole more than $50,000 from an elderly widow he represented in the form of checks written out as political contributions.
It took six years for McCullough’s case to get to trial. He finally did have a nonjury trial before Senior Judge Lester Nauhaus — and was found guilty.
McCullough argued that he felt coerced into having a nonjury trial. He attempted to have Nauhaus recuse himself on the eve of sentencing.
Although Nauhaus refused the request, he ultimately did step aside, he said, because of health reasons. Cashman then stepped in and handled sentencing.
McCullough is married to Commonwealth Court Judge Patricia A. McCullough.
