Former Leechburg police chief Michael Diebold ordered to prison for failing to register as sex offender
Despite an impassioned plea to serve his sentence on house arrest, former Leechburg police Chief Michael Diebold will spend 18 to 36 months in prison for failing to properly register as a sex offender.
Diebold, 44, pleaded guilty in December 2018 to soliciting sex online from a state trooper posing as a 14-year-old girl.
He was sentenced to serve nine to 23 months in jail and three years on probation. He also was required to register under Megan’s Law as a sex offender.
But, in January 2020, state police in Armstrong County charged him with two felony counts of failing to provide accurate information when he registered.
Diebold pleaded guilty to the charges in October before Armstrong County Judge James J. Panchik.
At Tuesday’s sentencing hearing before Panchik, defense lawyer Dan Joseph provided the court with a stack of medical documents chronicling conditions that will be difficult to treat “in a prison setting.”
“I know it’s the policy of this county that house arrest is not available for those who have been convicted of the crimes that Mr. Diebold has been convicted, but there is no state law prohibiting it,” Joseph said.
He said exceptions to the policy have been granted in the past, and, “I feel Mr. Diebold has good reasons to meet that exception.”
In seeking leniency, Joseph said Diebold has significant medical problems as a result of the 2017 loss of part of his left arm during a fireworks explosion. Those conditions include a bacterial lung infection, heart valve problems and a golf-ball size ulcer that will require surgery to remove.
Diebold requires “a lot of drugs that won’t be available in a prison setting,” Joseph said. “It would be best to keep him local and to give serious consideration to placing him on house arrest.”
Panchik said it was “interesting” that the medical reports submitted into evidence included an opinion from a physician that Diebold “would be better served by being placed on house arrest.”
“Quite a legal conclusion from a medical doctor,” the judge said. “But I’ll accept it.”
Joseph noted that Diebold had an exemplary record in law enforcement and community service before his arrest and has taken steps to address his problems. Those steps include attending court-ordered sex offender therapy and church-sponsored family counseling with his ex-wife.
Joseph said psychologists determined Diebold is a low risk for being a repeat sex offender and that he volunteered to undergo a polygraph test that “showed no deception whatsoever.”
“No one has been hurt,” Joseph said. “He never accosted anybody and never had any contact with a minor.”
Diebold’s conviction as a result of the sting operation also required he refrain from using the internet for anything other than work.
But he was arrested again in December 2019 on charges that he violated the terms of his release by using a social media site to contact a woman and send her inappropriate photos from his phone.
Authorities accused him of using his cellphone while meeting with a probation officer to access a website devoted to fetishes, bondage and sadomasochism.
In his tearful plea to be allowed to serve his sentence at home, Diebold told the judge his problems stem from the fireworks accident that took his arm.
“I’m very sorry for the conduct after my accident,” he said. “I spent about two years in a downward spiral, and I’m finally digging myself out of the hole.
“I owe a huge apology to everyone, including this court, all my friends in law enforcement who probably feel a little betrayed and shame because of my actions, and especially my friends, family and community.”
Diebold said house arrest would allow him to continue to repair the relationship with his son, run his home-based appliance repair business and assist with his family’s apartment rental company.
“I’ve been doing everything I can to contribute back to society and continue on this path to recovery,” Diebold said. “I know I’m screwed up. I know I was a hot mess. I’m trying to do my best to reach the top level again.”
In ordering Diebold to serve his 18- to 36-month term in prison, Panchik said he took his work and community service history as well as his medical condition into consideration, but pointed out that Diebold agreed to the terms in a plea bargain.
The judge denied a request by Joseph that Diebold be allowed to report to prison after his surgery.
“I’ve not permitted that in the past,” the judge said. “No.”
Diebold was escorted from the courtroom by sheriff’s deputies to be turned over to the state Corrections Department for processing.
Tony LaRussa is a TribLive reporter. A Pittsburgh native, he covers crime and courts in the Alle-Kiski Valley. He can be reached at tlarussa@triblive.com.
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