A Latrobe attorney jailed on $250,000 bail is looking to have that amount reduced and his theft case moved out of Westmoreland County.
In court filings Tuesday, John Allen Roth, 69, called the bail amount excessive and unconstitutional, and said he has a meritorious defense.
“Roth needs to be released to conduct the investigation and mount his defense,” he wrote in an emergency motion to modify bail.
Roth has been held at the Westmoreland County Prison since his arrest Thursday on county detectives’ accusations that he exploited an elderly jail inmate from New Kensington to get access to her bank account, stealing $31,300 and then using the money to gamble at a casino, according to court papers.
He is facing nine felony charges including dealing in proceeds of unlawful activities, theft, financial exploitation, deceptive business practices and related offenses.
The 70-year-old inmate reported to Westmoreland County detectives Sept. 4 that there were several unauthorized transactions on her account while she was being held at the county jail. Although she already had an attorney in her cases, Roth offered in March to represent her for a $2,500 fee, police said. The woman reported she signed an agreement and, later, a document that appointed a part-time employee of Roth’s as power of attorney.
At the time those documents were signed, the woman had been deemed incompetent to stand trial, police said.
Bank records showed 14 withdrawals were made from her account between April 23 and Aug. 29 ranging from $100 to $5,000, according to court papers.
The part-time employee told investigators she made withdrawals and gave the cash to Roth, sometimes going to Live Casino in Hempfield with him and the funds, according to court papers. Charges are pending against Roth’s employee.
District Judge Chris Flanigan set the $250,000 bail during Roth’s preliminary arraignment.
In requesting the bail modification, Roth said his lack of a criminal background, history as a practicing attorney since 1979 in the county and family ties to the area should warrant a reduction. He also asked for a change of venue because of his professional relationship with court officials in the county.
No hearing had been scheduled on the motions. A preliminary hearing is scheduled Nov. 21.