Unusual:  A Pennsylvania appeals court has rebuked Donna Jo McDaniel, a Pittsburgh judge, over her handling of a sex offense case—the sentencing was too harsh!  A three judge panel of Pennsylvania’s Superior Court concluded the sentence McDaniel imposed was unreasonable, not justified by the record and further that several of the judge’s statements at sentencing were untrue.  A resentencing was ordered for the defendant.  The appellate court didn’t stop there and went on to criticize McDaniel’s sentencing in a number of other sex offense cases, seeing a pattern of unduly harsh sentences.  Congratulations to the defendant and his lawyers at the Allegheny County Public Defender – Elliot Howsie, Brandon Ging, and Jamie Schuman.  Have a look at the Pittsburgh Post-Gazette report which has lots of details.  Also below is a link to the appellate court’s decision.  Judge McDaniel was in the news in 2012, an article linked below indicates the judge’s daughter was her executive assistant and that at least three other relatives worked in the courthouse.  –Bill Dobbs

 

 

Pittsburgh Post-Gazette | Jan. 15, 2017

Superior Court questions whether Common Pleas judge is over-punishing sex offenders

 

By Paula Reed Ward

 

Excerpts:  The Pennsylvania Superior Court questioned whether a veteran Allegheny County judge is meting out overly harsh sentences in sex assault cases in a strongly worded opinion ordering that a defendant be resentenced.  In the 36-page opinion last week, the appellate panel suggested that Common Pleas Judge Donna Jo McDaniel, who presides over sex offender court, has shown a pattern in those types of cases.

 

“We note our awareness of a possible emerging pattern in this particular sentencing court of routinely sentencing sex offenders in the aggravated sentencing range and/or outside the guidelines,” wrote Superior Court President Judge Emeritus John T. Bender.  “The appearance of bias, and doubt regarding a court’s commitment to individualized sentencing, both rationally emerge when such a pattern of routine deviation from sentencing norms is demonstrated by adequate evidence.”

 

In Bernal’s appellate brief, filed by the Allegheny County Public Defender’s office, his attorneys listed 14 cases currently on appeal — 10 for sexual offenses —  in which Judge McDaniel sentenced the defendants to serve the maximum possible penalty and ran multiple sentences consecutively.

 

Although the court did not go so far as to remove Judge McDaniel from the case against A.S. -— saying it did not have the authority to do so on its own -— it did suggest that he is able to ask for her to recuse herself from the resentencing. “in which context he may seek to develop a record of a pattern of bias, if one can be demonstrated by competent evidence.”  MORE:

http://www.post-gazette.com/local/city/2017/01/15/Pennsylvania-Superior-Court-questions-whether-Allegheny-County-Common-Pleas-judge-is-over-punishing-sex-offenders/stories/201701120030

 

Pennsylvania v. A.S.

Pennsylvania Superior Court, Case No. 1366 WDA 2015

Decision filed Jan. 9, 2017:

http://www.pacourts.us/assets/opinions/Superior/out/J-A26001-16m%20-%2010294558015213337.pdf?cb=1

 

Pittsburgh Post-Gazette | Jan. 22, 2012

In Common Pleas courts, family ties are everywhere

Expert: It’s legal, but ‘looks very bad’

 

By Paula Reed Ward

 

Excerpts:  Walk in to Allegheny County President Judge Donna Jo McDaniel’s courtroom on any given day, and you will likely encounter her tipstaff, who also serves as her executive assistant and just happens to be her daughter.  If you need to inquire about jury service, you could speak with the assistant director of jury operations — Judge McDaniel’s son-in-law.  And if he can’t help you out, you could talk to his boss in the county office building: Judge McDaniel’s other daughter.  And, in the event you need information about paying costs or restitution for pretrial services, you could speak with Judge McDaniel’s other son-in-law.

No fewer than four relatives of the top judge in the county work for the court system.  MORE:

http://www.post-gazette.com/local/region/2012/01/22/In-Common-Pleas-courts-family-ties-are-everywhere/stories/201201220307

 

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