An Allegheny County judge on Thursday sealed certain court documents and motions relating to the case against state Sen. Jane Orie, who was charged a day earlier in a grand jury presentment.
The unusual move was made by Common Pleas Court Judge John Zottola, who was the supervising judge over the grand jury that returned the politically charged indictment.
Ms. Orie, a McCandless Republican, and her sister are accused of using staff on the state payroll to help run the campaign of another sister, Supreme Court Justice Joan Orie Melvin.
Jane Orie was charged by the district attorney's office on Wednesday with 10 counts, including theft of services, tampering with evidence, conspiracy and violating the state ethics act. The charges were recommended by a grand jury presentment that was returned April 1 and unsealed on Wednesday.
Ms. Orie has said that the charges against her are a vendetta by District Attorney Stephen A. Zappala Jr. because of the senator's political stance regarding expanded casino gambling.
The court documents that were sealed include motions by Ms. Orie's previous defense attorney, Jerry McDevitt, asking Judge Zottola to prohibit the district attorney's office from investigating the senator because of several conflicts of interest.
The court documents had been filed with the Allegheny County Department of Court Records, where they normally would be available for public review.
However, when the Pittsburgh Post-Gazette two weeks ago attempted to review files in that case that were not under seal, Department of Court Records officials denied access to it. County officials said they had to clear the request with Judge Zottola.
The newspaper last week filed a motion to intervene, asking Judge Zottola to provide access to the records in the docket that were not under seal.
A hearing on the matter was held Thursday morning. It was originally scheduled for Monday afternoon, however the judge rescheduled it without explanation.
"We are at a loss as to why access hasn't already been granted to the public to those unsealed records," said W. Thomas McGough Jr., who represents the Post-Gazette. "It creates the appearance access was being denied pending the return of the presentment."
During Thursday's hearing, prosecutors argued to Judge Zottola that they believed that everything in the docket was to be under seal, and that grand jury secrecy requires it.
Included in the sealed documents is a March 29 order by Judge Zottola. It is unclear what the order says or what it refers to.
Mr. McDevitt, who attended the hearing, disagreed with county prosecutors.
"At no time was I instructed that anything should be filed under seal," he said to Judge Zottola. "There's never been any order, any time, any place, anywhere to seal those publicly filed motions."
Previously in the case, Mr. McDevitt asked the state Supreme Court for a stay in the grand jury proceedings in Ms. Orie's investigation. He also asked that the petition for a stay be filed under seal. The Supreme Court granted that request, but it denied his request for a stay in the proceedings.
In making his ruling Thursday, Judge Zottola referred to that March 17 Supreme Court order, which simply read, "Motion for Leave to File Under Seal is granted." The judge ruled that all previous matters in the case will now be under seal.
"The Supreme Court, in my estimation, sealed those documents," the judge said. "That's my belief, my position, and I have nothing more to say on the matter.
"I may be wrong, and I may be told I'm wrong."
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