State Sen. Jane Orie will face one Allegheny County jury in two criminal cases, a judge ruled on Tuesday.
Common Pleas Judge Jeffrey A. Manning granted a request from Orie's attorney, William Costopoulos, during a morning hearing to join the two cases and then delayed jury selection until Feb. 13. A retrial on her original case was scheduled to begin next week.
"We all feel strongly there should be one more trial to address all the questions and allegations raised," Costopoulos said after the hearing, which Orie did not attend. "Otherwise, two more trials would be a bit much for the senator, and it's a bit much for the commonwealth."
Orie, 49, and sister Janine Orie, 56, both of McCandless, are accused of ordering the senator's staff to perform political work on state time. Janine Orie worked as an aide to state Supreme Court Justice Joan Orie Melvin. Melvin is not charged with wrongdoing.
Jane Orie's first trial ended in a mistrial in March after Manning ruled the defense introduced doctored documents as evidence. District Attorney Stephen A. Zappala Jr. last month charged Orie with 16 new counts, including forgery and perjury, related to the documents.
Assistant District Attorney Lawrence Claus agreed with Costopoulos' request for one trial.
"This assures the next jury hearing the case will have the benefit of seeing the forged documents," Claus said. "We think it will give the jury the appropriate perspective."
Earlier this month, Manning denied a request to join the cases but reconsidered after the former Republican whip waived her right to a preliminary hearing on the newer case yesterday. Manning said he denied the first request because Orie had not yet had a preliminary hearing on the newer charges.
The judge also ruled that potential jurors from Orie's 40th Senatorial District would not automatically be excluded, as they were in the first trial. Any jurors with fixed opinions about the case could be weeded out during jury selection, he said.
Manning said that since the new trial date will not coincide with an Orie election year, potential jurors likely would not be getting bombarded with campaign rhetoric. Orie's first case started less than four months after she was re-elected to the Senate.
The senator has an appeal pending before the state Supreme Court arguing that Zappala's office can't retry her on the first case because of double jeopardy rules. Melvin has recused herself any cases involving her sister or Zappala's office
Read more: Judge approves joining Orie cases - Pittsburgh Tribune-Review
http://www.pittsburghlive.com/x/pittsburghtrib/news/state/s_758927.html#ixzz1ZCuRYFSu