Johnny Doc is struggling to find — and pay for — new lawyers as his embezzlement trial looms
Dougherty, who made nearly $500,000 last year according to Labor Department filings, told a federal judge on Monday he was struggling to come up with the cash to pay counsel.
Former labor leader John J. Dougherty said Monday that he’s struggling to come up with the cash to pay lawyers to represent him in his remaining criminal trials.
The ex-union chief — who earned nearly $288,000 last year as the head of Local 98 of the International Brotherhood of Electrical Workers and an additional $171,835 as the leader of the Philadelphia Building Trades Council, according to Labor Department filings — submitted paperwork in early October laying the groundwork for him to possibly receive a court-appointed attorney.
And while he’s said he’d still like to hire counsel on his own, the judge overseeing his cases is growing impatient.
During a hearing in federal court Monday, U.S. District Judge Jeffrey L. Schmehl said he had no intention of postponing Dougherty’s Jan. 23 trial date on charges he and five other Local 98 officials embezzled more than $650,000 from their union. The judge threatened to pick a lawyer for him if the ex-union chief didn’t come up with one soon.
“We have five other defendants in this case, and they’ve been awaiting trial for a long time,” Schmehl said. “This case has to get tried. So I’m concerned right now. Time is running out.”
Dougherty, usually unflappable, appeared guarded in his response.
“I’ve met with multiple lawyers. I’ve tried to gather money,” he said. “I’ve talked with friends and family. … I’ve been working hard to make sure we can move forward. I’ve been pushing hard.”
That unusual courtroom exchange came nearly two months after Dougherty parted ways with his longtime legal counsel at Center City law firm Ballard Spahr, which represented him during his first trial on bribery charges last year.
Both Dougherty and lead attorney Henry E. Hockeimer Jr. have since declined to comment on the exact nature of their falling out.
But sources familiar with the rift have said it stemmed from a disagreement over a guilty plea offer from the government that would have resolved the outstanding cases against Dougherty — the embezzlement trial and an extortion case involving threats he allegedly made to a union contractor who attempted to fire his nephew — with a minimal prison term.
Hockeimer, the sources said, urged Dougherty to take the deal. Dougherty wanted to fight on.
Since then, signs of financial distress have emerged.
In court, the former labor leader has blamed money at least in part for his split with his former lawyers. He’s said he has already paid significant sums to Ballard but still owes much more for its representation during his first trial. The prospect of the two upcoming trials would only add to the bill.
Meanwhile, he lost his combined $459,736 annual salaries from Local 98 and the Building Trades Council when he resigned both posts after his conviction last November.
Then, in February, he put his Moyamensing Avenue home up for sale — a transaction that closed in May at a sale price of $500,000.
And weeks ago he submitted a detailed financial affidavit to the court, a first step in the process of receiving court-appointed counsel. He told the judge Monday that he only did so to avoid being accused of trying to hold up his trial date.
Courts typically only provide lawyers for defendants without means. But Schmehl said during the proceeding that he was considering assigning Dougherty a lawyer under a little-used rule that allows judges to appoint counsel and order a defendant to foot a portion of the bill.
For his part, Dougherty explained his current money crunch by blaming “a health condition at home that’s quite expensive” — a reference to his wife who he has previously described as grappling with long-term medical issues.
He also said his ability to pay could hinge on an ongoing lawsuit that’s currently pitting him against the union he led for nearly three decades.
Last year, Dougherty sued Local 98′s insurance company seeking a payout to help cover his legal expenses. The union has pushed back, saying the policy was paid for by Local 98, not Dougherty, and it needs the insurance proceeds to cover its own legal costs stemming from his indictment.
Union lawyers argued in a recent filing that allowing Dougherty to collect on the insurance policy would be a misuse of union funds for Dougherty’s personal benefit.
In early October, a federal judge remanded the case back to Philadelphia Common Pleas Court, where it remains pending. Earlier in the litigation, a judge in that court sided with Dougherty. The labor leader told Schmehl on Monday that he anticipated the case would end there with another ruling in his favor.
Schmehl did not indicate Monday how much longer he was willing to wait.