DeWeese out on bail
The state Superior Court ordered former legislator Bill DeWeese released from prison — and gave a Dauphin County judge until Friday to decide if he should remain free as he appeals his theft convictions.
DeWeese, according to a spokesman for the State Correctional Institution at Camp Hill, was released Friday — less than four days into his 2 ½ to 5 year sentence for using taxpayer paid employees to do campaign-related tasks.
In an order handed down Friday, the court wrote that Judge Todd Hoover denied DeWeese’s motion to defer his May 14 prison reporting date while an appeal bond motion was pending. That motion, as well as one for a new trial, was filed on April 26.
Bill Costopoulos, attorney for DeWeese, 62, of Waynesburg, argued to the Superior Court in an emergency motion that Hoover erred, and DeWeese should have remained free until he ruled on the motion for bond.
The Superior Court, in its order, agreed.
“Because the trial court has not yet ruled on DeWeese’s motion for bail pending appeal, we grant DeWeese’s petition for review and order disposition by the trial court of his motion for bail pending appeal. We direct the trial court to dispose of said motion within seven days of the date of this order,” the order reads. “If the trial court refuses to set bail, the trial court must comply with the Pennsylvania Rules of Criminal Procedure … and state on the record the reason for its decision. We reinstate DeWeese’s bail status which was previously set by the trial court prior to his commitment on May 14, 2012.”
DeWeese’s prior bond was $50,000 unsecured, set at the time of his arrest in 2010. Unsecured bond does not require the posting of any money.
Hoover, theoretically, could rule on Monday that DeWeese return to prison to serve the sentence, if he denies the bond motion.
The court noted that, in Pennsylvania, defendants who are sentenced to two years or more behind bars are allowed bail at the discretion of the judge in the case.
The former Greene County lawmaker served in the House for 35 years, including two years as speaker.
In February, a jury convicted DeWeese of conspiracy, conflict of interest and three counts of theft for using public resources for political purposes. He kept his House seat for more than two months because the constitutional ban on felons serving in the state Legislature is not triggered until they are sentenced.
DeWeese resigned from the House on primary election day — the same day Hoover sentenced him and ordered him to report to prison on May 14.
Despite his resignation, DeWeese will appear on the November ballot as the lone Democrat for his former seat in the House.
If he were to win a new term in November, an appellate court would have to overturn his conviction in order for him to return to the House.
The Associated Press contributed to this report.