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Sheriff's captain found guilty of lying to federal grand jury
Saturday, September 03, 2005

A federal jury yesterday found Allegheny County Sheriff's Capt. Frank Schiralli guilty of perjury for telling a grand jury that he never kept lists of deputies who bought tickets to fund-raisers for Sheriff Pete DeFazio.

The jury found him not guilty on a second count of lying when he said he never pressured them to buy the tickets.

The two-week trial was the first to develop out of a federal investigation of macing, abuse of power and other illegal activity in DeFazio's office, a probe that began in January.

While the case focused on specific statements Schiralli made to the grand jury, it also provided a glimpse into the scope of the investigation.

U.S. Attorney Mary Beth Buchanan confirmed yesterday that DeFazio, his executive assistant and campaign treasurer, Michael Mullen, and Sgt. Daniel Stehle were all called this week as defense witnesses.

But all pleaded the Fifth Amendment, protecting them from self-incrimination, and did not take the stand.

All are under investigation along with Chief Deputy Dennis Skosnik.

In addition, Schiralli's lawyer, Robert Stewart, said that prosecutors have made it clear to him that a second indictment is coming.

Buchanan would not comment on that claim or any aspect of the investigation. But some of the allegations came out at the trial.

Prosecution witnesses said Skosnik, for example, held a meeting in which he threatened to fire any deputies who did not support DeFazio.

Assistant U.S. Attorney Stephen Stallings also indicated in questioning that cash intended for DeFazio's campaign account was stolen before it got there. Witnesses said the cash had been turned over to Skosnik, or sometimes to Mullen.

The Criminal Investigation Division of the IRS has been tracking that aspect of the case.

In addition, one witness said Schiralli had ordered deputies to do landscaping work at Skosnik's house in North Fayette while on duty. Prosecutors also said in court papers before the trial that Schiralli had ordered deputies to travel to Texas to fix a drunken-driving case, although nothing more about that incident has been revealed.

Buchanan said the Schiralli prosecution was necessary to show that lying to federal investigators "cannot be tolerated" if the grand jury system is to function as it should.

"This case did not set out to prove that Frank Schiralli lied," she said, but once it was discovered that he did, "justice in this case could not be ignored."

Schiralli, 53, of McKees Rocks, had no comment after the verdict and left the courthouse with his family and supporters, many of whom were crying.

Stewart said he plans to appeal. He said Schiralli now faces a possible 15 to 21 months in federal prison and the loss of his job.

Schiralli was charged with two counts of perjury related to his testimony before the grand jury last winter.

In count one, he was accused of lying when he said that he never coerced anyone in the office to buy tickets for DeFazio's campaign events.

Buchanan said she thought her office lost on that count because the jury couldn't reach a unanimous decision on whether the government proved its case. The jury may have felt, she said, that Schiralli truly thought that he had not pressured anyone and so might not have been lying when he testified that he hadn't.

In count two, he was accused of lying when he told the grand jury he didn't keep a list of those who bought tickets or that he ever saw such a list.

But 14 former and current deputies testified for the prosecution that Schiralli kept a written list on his desk of employees who contributed. They all said they felt they had to buy the tickets for fear of retribution.

Even so, they did not provide any specific retaliatory measures taken against them when they didn't, and none said Schiralli directly threatened them. Thirteen witnesses testified for the defense that Schiralli never pressured them to buy tickets and that they never saw him keep a list of those who did and did not buy.

Schiralli will be sentenced Dec. 2.

First published on September 3, 2005 at 12:00 am
Torsten Ove can be reached at tove@post-gazette.com or 412-263-2620.
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