A Common Pleas judge Friday granted a former Allegheny County councilman’s request to remain free pending his appeal to state Superior Court.

Judge David R. Cashman, however, denied Chuck McCullough’s post-sentence appeal in which he claimed that there was insufficient evidence for him to be found guilty of theft.

McCullough, who was joined in court by his family and dozens of supporters, had no comment afterward.

McCullough was found guilty of writing $50,000 worth of checks for political donations on the accounts of an elderly widow for whom he had power of attorney. He was found guilty of five counts each of theft and misapplication of property and sentenced in December to serve 2½ to 5 years in prison.

Defense attorney Adam Cogan said Friday that McCullough’s appeal will not be frivolous and there are real issues that will be scrutinized by the appellate court.

The defense also argued to Judge Cashman that even though the case took more than six years before it was completed, that was because it was a “complicated, white-collar case.”

“The delay was a product of intense litigation,” Mr. Cogan said.

But assistant district attorney John Fitzgerald said it resulted from McCullough’s “obstructionist conduct” throughout the case.

“He got a ruling he didn’t like, he took it to Superior Court and it languished,” Mr. Fitzgerald said. “It’s once again showing no respect for the court process, for the court system.”

Judge Cashman ordered McCullough, who has new charges of perjury and obstruction pending, to turn over his passport and not leave the jurisdiction.

First Published: February 5, 2016, 3:30 p.m.
Updated: February 6, 2016, 4:23 a.m.