State Rep. Jeff Habay, R-Shaler, was convicted yesterday of conflict of interest arising from allegations that he used his legislative employees to work on his election campaign for the state House.

The Common Pleas Court jury of six men and six women, who deliberated for four hours, failed to convict him on a second charge, theft of services.

Martha Rial, Post-Gazette State Rep. Jeff Habay waits for the elevator door to close after leaving the courtroom where a jury found him guilty of conflict of interest but not guilty of theft of services. Click photo for larger image.

After the verdict, Mr. Habay, who called himself a "blue-collar kid," said he would not resign his seat. "I have stood up for the people of my district over and over again," he said. "I've taken on corrupt leadership in this county."

He also spoke out against those who he claimed were responsible for the "witch hunt," against him, saying he was targeted in part because he did not always follow the Republican party line.

He specifically named U.S. Sen. Rick Santorum, R-Pa., and his state director, Keith Schmidt, as well as Allegheny County District Attorney Stephen A. Zappala Jr., a Democrat, and former county Chief Executive Jim Roddey, a Republican.

"I was the first test case for Rick Santorum," Mr. Habay said. "I will not resign my office. I will fight this to the Nth degree."

Anthony Krastek, senior deputy state attorney general, said he will ask for a sentence in the standard range allowed in the criminal code, which could be anything from probation to nine months in jail.

"By statute, he'll lose his pension," Mr. Krastek said, "and I suspect he'll lose his job."

House leaders will follow the state constitution in dealing with Mr. Habay, said Stephen Miskin, spokesman for House Majority Leader Samuel H. Smith, R-Punxsutawney.

It reads: "All civil officers shall hold their offices on the condition that they behave themselves well while in office, and shall be removed on conviction of misbehavior in office or of any infamous crime."

Throughout his case, Mr. Habay's defense was that some of the people who worked for him volunteered with his campaign, and that the work they did was during their lunch breaks or in the evenings. He said they still worked their 37¹/₂-hour work week as they were paid to do.

John Elash, Mr. Habay's lead defense attorney, said the prosecution tried to make his client look like "a thief in the night," who stole from all of the people in Pennsylvania.

But he countered that the representative served his constituents well, and that's why they kept electing him.

"He did what he thought was right," Mr. Elash said. "Is that the type of person who steals money from the people of Pennsylvania?"

The prosecution said it was.

"The defendant would have you believe he's so popular, so electable, he didn't need to commit this crime," Mr. Krastek said.

Yet, he continued, even when Mr. Habay ran unopposed, he held fund-raisers.

"He didn't rely on volunteers," Mr. Krastek said during his closing argument. "It's interesting the people Mr. Habay calls 'volunteers' are your employees."

After the verdict, Mr. Habay wondered how the jury could split the decision when both counts were "essentially the same charges."

Mr. Krastek couldn't explain the jurors' decision either. He did call Mr. Habay engaged in "a pattern of activity" that began in 1997. The conflict of interest charge comes from the state Ethics Act, which was re-enacted in 1998 -- during Mr. Habay's tenure in the House.

The 39-year-old, six-term legislator, faces more than a dozen additional state felony charges in February, including retaliation against witnesses and intimidation of witnesses.

Mr. Habay complained yesterday about the expenses he's incurred to fight the criminal charges, saying that his is a one-income family, since his wife, Nubia, lost her job with US Airways. He said he's had to sell personal belongings to pay his attorneys. Despite that, he said, he'll continue to fight.

During his heated comments following the verdict, Mr. Habay also cautioned youngsters in Allegheny County who might be considering politics as a future occupation.

"The powers that be will try to crush you and stomp you," he said. "The people of my district know this is a farce."