Trial begins for former Cecil police chief
Former Cecil Township police Chief John Pushak’s trial began Tuesday in Washington County Court on charges he took more than $10,000 from a special department account over which he had sole control and used it to gamble.
“This case at its core is about public corruption,” Assistant District Attorney Jerry Moschetta told jurors during his opening statement.
Pushak, 67, faces felony charges of theft and failure to make required deposits and a misdemeanor charge of misapplication of funds.
Pushak’s attorneys maintain he is innocent of those offenses.
One of them, Thomas Brown, said in an opening statement the defense hopes “to provide answers to everything that occurred.”
Pushak was a member of the township’s police department for 38 years, including 32 as chief. He was placed on administrative leave in February 2013 and resigned in April of that year.
State police filed the criminal charges in March 2014, alleging Pushak took money from the federal property account – which was restricted to certain uses, including investigations and equipment – to gamble at Rivers Casino in Pittsburgh and The Meadows Racetrack & Casino in North Strabane Township between January 2010 and January 2013.
The events that eventually resulted in criminal charges against Pushak began following a tip in January 2013 from a township resident to Washington County District Attorney’s office, according to testimony heard Tuesday and court documents.
The resident’s report dealt with funds that may have been missing from the department’s evidence locker and Pushak’s possible involvement. When the office couldn’t confirm the allegation, an investigator contacted Pushak “as a courtesy” to let him know there was no active investigation and the allegation couldn’t be confirmed.
Shawn Bukovinsky, who succeeded Pushak as chief, testified Pushak later seemed “nervous” and “upset” concerning the possible investigation.
On February 14, 2013 Pushak called township manager Don Gennuso and then-Capt. Bukovinsky into his office.
Showing them a “large stack of cash,” he allegedly said the money was from overtime details and needed to go into the general fund, Bukovinsky said.
Instead, Bukovinsky and Gennuso put the money – counted at $5,340 – in the evidence room for safekeeping.
It was after this incident the account came under scrutiny.
Township supervisors voted to commission an investigation of the account Feb 20, 2013, the same day Pushak was placed on administrative leave. He resigned early in April.
Moschetta alleged between December 2009, when the account was created with money from the Drug Enforcement Administration, and January 2013 only three of 31 withdrawals from the federal property account appeared to involve police activity.
Moschetta also said Pushak allegedly diverted money the township received in overtime security details from third parties when those payments should have gone into the general fund.
Moschetta said the prosecution will show Pushak was aware of the restrictions on how the account could be used, but nevertheless conducted the violation.
Brown said the defense isn’t denying many aspects of the case, including that there were “problems” related to the account, but said Pushak shouldn’t be convicted on the criminal charges.
“We will submit to you that any money that may have been missing or unaccounted for was not the result of criminal activity by Mr. Pushak,” he said.
Pushak has been free on his own recognizance since he was arrested on the charges. Court documents indicate he has returned the money in question to the township.