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See the criminal complaint and affidavit in the case against Councilwoman Twanda Carlisle, in pdf format. |
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Pittsburgh Councilwoman Twanda Carlisle was arraigned this morning on three charges of theft by deception, three charges of criminal conspiracy, three charges of violation of the state Ethics Act, five Election Code violations, and three charges of failing to file required financial disclosures.
The charges, presented in a seven-page criminal complaint filed with District Judge Charles A. McLaughlin's office, detail what appears to be a four-person conspiracy to siphon city taxdollars through "consultants" to Ms. Carlisle. The complaint says she "diverted" $43,160 through consultants Darlene Durham, Lee Otto Johnson and Sheryl Pinson-Smith "for her own personal benefit."
The next steps are a fingerprinting scheduled for 7:40 tonight, and a preliminary hearing to occur at the judge's office on April 19, unless it is waived. Ms. Carlisle was released on her own recognizance after agreeing to attend that hearing.
Ms. Carlisle had no comment upon entering and leaving Judge McLaughlin's office, other than to say she did not steal city money.
"Lots of times, people, you know, they're ultimately responsible for where the money goes, but it's always not their doings," said Ms. Carlisle's attorney, Patrick Thomassey. "Who's responsible for their deposits? Who's responsible for writing checks? Those are things we're going to find out down the road. ... Naturally it's the duty of the candidate, but a lot of times that's not the person who actually does it.
"I've had a number of meetings with the prosecutor's office, along the road, so we'll see what happens," he said, adding that he did not know whether he would waive his client's right to that hearing.
The councilwoman is "doing very well, and she's still going forth with her campaign," said Ms. Carlisle's mother, Constance Parker. "The people will make the call on that."
She then made comments suggesting that a bias against African-American women may be at work, citing radio personality Don Imus' recent comments about the Rutgers University women's basketball team.
"And also, you know, if you look at our society, any time you have a person come out and say, 'rough, tough, nappy-headed hos,' this is what our society thinks of women, women as a whole," Ms. Parker said. "So it's really a dangerous type situation, how we can be handled when things happen. ... It's difficult, but we'll make it through, because we've got greater powers."
An 18-page presentment filed at Judge McLaughlin's office by the Allegheny County Investigating Grand Jury, which has been reviewing the matter, also recommended charges of conspiracy and theft by deception against the three alleged co-conspirators.
Detectives from the District Attorney's Office visited City Council's offices today, looking for Ms. Pinson-Smith, armed with an arrest warrant. She was not at work today, council sources said.
Police arrested Mr. Johnson today, and were believed to be interviewing him, with an arraignment expected this afternoon or tomorrow, according to Judge McLaughlin's office.
An affidavit filed by Det. William Miller of the Allegheny County District Attorney's Office indicates that on 50 occasions, Ms. Carlisle made cash deposits into her personal bank account at Dollar Bank within one day of one of the consultants cashing a city check. On 13 other occasions, she made cash deposits within two days of one of the consultants cashing a city check.
Mr. Johnson, who owns a Penn Hills home jointly with Ms. Carlisle's mother, was paid $27,195 for an 85-page study on health issues that consisted of reports written by other entities and an essay on race and religion. The affidavit indicates that Ms. Carlisle told Det. Miller that she "was not actively requesting" a report from Mr. Johnson "until the news media questioning occurred in the Spring of 2006."
At that time numerous media outlets requested Mr. Johnson's report. That led the city Law Department to refer records of some $178,000 in spending by Ms. Carlisle's office to District Attorney Stephen A. Zappala Jr.
Ms. Carlisle, according to the affidavit, sent Ms. Durham blank professional services invoices when Ms. Durham lived in Houston. The councilwoman told the detective that on some occasions, she typed Ms. Durham's name on a blank invoice, and twice in 2003 she even signed Ms. Durham's name on an invoice. Ms. Durham, according to the affidavit, "did not complete any studies or submit anything tangible" for the payment she received from the city.
City records reviewed by the Post-Gazette show that Ms. Durham received $43,545 in city funds.
Sheryl Pinson-Smith, who now works in Ms. Carlisle's City-County Building office, got $30,740 in city funds, according to city records. The affidavit says she also did not submit any supporting documentation for the consulting work the councilwoman has said she did.
The theft, ethics and conspiracy charges all stem from those three consulting arrangements.
The Election Code charges indicate that in 2003, 2004 and 2005, she failed to report campaign contributions and expenses as required by law.
The three financial disclosure charges relate to deposits made into Ms. Carlisle's personal bank account totalling $38,310 that were either gifts or indirect sources of income, according to the complaint, and should have been reported to the state.
The perjury and Election Code charges can each bring terms of 5 years imprisonment and a $10,000 fine, according to the complaint. The penalties associated with the other charges are not specified.
Ms. Carlisle, 48 and of East Hills, was a staffer to her predecessor, current county Recorder of Deeds Valerie McDonald-Roberts, before being chosen as councilwoman in a 2002 special election. She won a full term easily in 2003, but faces seven rivals in the May 15 Democratic primary.
