Allegheny County judges say they rarely give away guns used in crimes.
A Pittsburgh Tribune-Review poll of 10 of the 13 judges assigned to the criminal division reveals only a couple of instances when guns used in crimes were not destroyed.
Gun giveaways appear to be the focus of a federal grand jury investigation. Deputy Sheriff Gim Yee, who previously worked almost exclusively in Judge Jeffrey A. Manning's courtroom, was ordered by a federal grand jury to produce documents related to firearms that have passed through his hands since 1996, including those from the judge.
Neither Manning nor Yee would comment on the probe.
According to judges, the practice of giving firearms to attorneys, cops and court officials after a case was closed ended years ago.
While most guns end up being melted down after a judge signs a post-verdict motion, defendants who weren't convicted often show up a couple of weeks later to ask the justice hearing motions for the weapon's return.
"I get maybe one request every two weeks or so to return a firearm to the owner. I ask the District Attorney's office if there is any legal reason to deny the request, and if there is not, then I order it returned," said Judge Kevin G. Sasinoski about his rotations on the motions bench.
No law prevents judges from signing an order to give a gun away.
"I've been on the bench for eight years, and I've never done that," Sasinoski said.
In most cases, judges receive a form from District Attorney Stephen A. Zappala Jr.'s office to return, forfeit or destroy the guns used in a crime.
If a gun is ordered to be destroyed, the destruction is typically handled by the law enforcement agency that seized it. A stolen gun can be returned to its owner. A defendant who is acquitted can have a weapon returned, although judges said that happens less frequently.
Zappala prohibits his prosecutors from receiving guns because he prefers to have the guns destroyed, said spokesman Mike Manko.
Administrative Judge Donna Jo McDaniel said no protocol exists among judges to ban the practice.
"I've been asked for guns. I say no," McDaniel said.
McDaniel said she only gave one gun away -- to a tipstaff's son who was in the Secret Service -- about 15 years ago.
"I've never done it, and nobody's asked for it," said Judge Anthony M. Mariani, a former defense attorney who joined the bench last year. "When I was practicing, it was known to happen."
Judge John A. Zottola said that in the 14 years he has been on the bench, he may have given guns to someone other than the owner. But he said he did not recall a specific instance.
"In the past, I've had people ask for guns, and I said no," said Judge Lawrence O'Toole. Most often, the person requesting a gun was a police officer who knew it was valuable, he said. After he consistently turned down such requests, people stopped asking, he said.
"I have never given a gun to anybody -- ever," O'Toole said.
Judge Kathleen Durkin would not comment. Judge Randal Todd did not return calls.
Acting Sheriff William Mullen is revising an office policy to prohibit deputies from accepting guns from judges.
"It's been in the making for a while," Mullen said. "First of all, if that gun gets back into the street it would be an embarrassment. We don't want to put extra guns on the street. Another issue is that it's not the deputy's gun. The deputy is not the rightful owner."
The new policy is similar to one used by Pittsburgh police.
Sgt. Mike Tracy, who heads the department's Firearms Tracking Unit, said all firearms are disposed of as outlined in court orders -- either destroyed or returned to the last proven owner after a background check. The department forbids officers from accepting weapons involved in crimes.
In the late 1980s, then-District Attorney Bob Colville banned prosecutors from seeking guns from judges. Colville implemented the policy after his top deputy was accused of brandishing a gun at his wife during a dispute. The prosecutor, who resigned, had received the weapon from a judge after convicting a man of murdering his wife.
Colville, now a Superior Court judge, recalled "one or two instances in eight years where I recall signing an order for a police department to get a weapon."
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