The lawyer for former Westmoreland County Sheriff Jonathan Held argued Tuesday that not enough evidence exists to warrant the continued prosecution of the now-private citizen on public corruption offenses.
Held, 45, of Hempfield is awaiting a second trial for allegations he directed on-duty staffers to participate in reelection campaign activities while he was in office. A jury in December 2018 failed to reach a verdict in the case.
“We are seeking the barring of a second trial based on insufficient evidence in the first trial,” defense attorney Ryan Tutera told a three-judge panel of the state’s Superior Court, which heard appeal arguments in Pittsburgh.
Held, a then-two term Republican sheriff, insisted at trial he was the victim of political vendettas by adversaries who worked in the office.
Jurors initially returned a guilty finding on two offenses, a felony count of conflict of interest and a misdemeanor theft charge. That verdict was negated after one juror publicly changed his vote in the courtroom and additional deliberations failed to bring the case to a conclusion.
Visiting Senior Common Pleas Court Judge Timothy Creany of Cambria County, who has presided over the case, declared a mistrial. Prosecutors with the state Attorney General’s Office said they will retry the case.
Prosecutors contended uniformed sheriff’s deputies, at Held’s direction, solicited items for the political fundraisers, used office computers to catalog donations and assigned staffers to other chores that publicized reelection efforts in 2015.
Tutera argued that evidence presented at trial more than 14 months ago was based on inconsistent testimony from 15 witnesses and that prosecutors failed to present any detailed evidence of the cost of Held’s would-be crimes.
Senior Deputy Attorney General William Stoycos said the case should be allowed to continue because some, if not most, of the jurors in the first trial found there was enough evidence to convict Held.
“The question the court must ask is does the evidence empower any rational juror to find we could not prove guilt beyond a reasonable doubt. In this case, all but one juror voted guilty,” Stoycos argued.
Democrat James Albert defeated Held in November to become sheriff.
The appeals court judges will issue a ruling at a later date.
