Pittsburgh Councilwoman Twanda Carlisle's defense against theft charges became more difficult yesterday when alleged co-conspirator Darlene Durham pleaded guilty to transferring $19,480 in city money to the embattled official.
Ms. Durham, 47, of McKeesport, stipulated to a 14-paragraph agreement in which she admitted taking payment for services, then almost immediately giving the bulk of the money to Ms. Carlisle in cash -- on one occasion in a $5,000 chunk. She's expected to reiterate her claims at the trials of the councilwoman and two other alleged co-conspirators, set to start Oct. 29, in return for a recommendation that she be given only probation.
Ms. Durham "made some poor decisions, for which she entered pleas today," said her attorney, Gary Gerson. "But in the larger scheme, she was a victim ... She will testify, if needed. She'll testify truthfully, and at length."
The plea agreement is the first court-sanctioned record of how the alleged scheme worked, noted Council President Doug Shields.
"It is going to be a difficult situation" for Ms. Carlisle, Mr. Shields predicted. "Now this is a matter of record, not conjecture. ... She's going to have to seriously consider advice of legal counsel as far as whether this goes to trial."
Ms. Carlisle would not comment. "You'd need to talk to the lawyer," she said. Her attorney, Patrick J. Thomassey, could not be reached.
Ms. Carlisle faces a 17-count corruption charge involving city checks totaling $101,480 to the alleged co-conspirators. Ms. Carlisle then deposited smaller amounts in her bank accounts, over time shifting $38,310 to her personal account, and $4,850 to her campaign account, according to the Allegheny County investigating grand jury.
The charges against her include theft by deception, criminal conspiracy, failure to file financial disclosures and violations of the state Ethics Act and Election Code. Ms. Durham faced felony charges of theft by deception and conspiracy, as do Sheryl Pinson-Smith and Lee Otto Johnson, who have pleaded not guilty. Ms. Pinson-Smith still works in the councilwoman's office.
Ms. Durham's charges are now reduced to misdemeanors, and she will be sentenced Jan. 15. The district attorney will recommend probation, though Common Pleas Judge John Zottola is not bound to accept that suggestion.
Ms. Durham received $33,745 from the city for her consulting work, and kept $14,265, according to the agreement. Prosecutors consider that amount to be legitimate payment for her services. She will not be asked to pay restitution.
The plea agreement said Ms. Carlisle began requesting money when Ms. Durham was living and working in Houston, researching community development strategies for the councilwoman. She received a visit from Ms. Carlisle, who then allegedly asked Ms. Durham to pay her travel costs.
Then, over six months spanning 2003 and 2004, Ms. Durham moved back to Pittsburgh to work as a $150-an-hour consultant to the councilwoman. She did not keep records of her hours worked.
Ms. Carlisle repeatedly said she was "short of money, or that she needed money" for her campaign account, according to the agreement, and a $5,000 payment was made in January 2004. Ms. Durham worried that she would end up paying taxes on far more money than she actually kept.
Mr. Gerson said Ms. Durham got fed up with the situation and quit consulting for Ms. Carlisle.
In court, Ms. Durham offered only short answers to Judge Zottola's questions as she pleaded. Asked whether she was pleading because she is, in fact, guilty, she said, "Yes, I am."
Mayor Luke Ravenstahl, who referred Ms. Carlisle's spending to city lawyers for review last year when he was president of council, precipitating the turnover of documents to the district attorney, would not comment.
Mr. Shields said reforms made last year make it less likely that council members can conceal kickback schemes. He said he now personally signs off on all council spending.
He noted that under the city charter, Ms. Carlisle does not need to resign unless she is convicted or pleads guilty to a felony.
Ms. Carlisle, 48, of East Hills, lost the May Democratic primary, meaning her term is done at the end of the year. She has been a city employee since 1994, working as a council aide before winning the seat in a 2002 special election.
