Allegheny County courts bar controversial district judge from presiding over arraignments

In an unusual move, officials have barred a district judge in Pittsburgh from overseeing the stage in court proceedings when bail is first set for criminal defendants.

The decision by Allegheny County court administrators to prevent Xander Orenstein from presiding over arraignments comes after Orenstein earlier this month released on non-monetary bond a man who police said led them on a dangerous, high-speed chase.

The man — who was already out on bond for a different criminal case when he was arrested and then released by Orenstein — did not show up to court Monday for a hearing.

Orenstein, who uses they/them pronouns, has been the subject of similar criticism relating to earlier bail decisions. Last year, Orenstein released a New York man accused of bringing $1.6 million of fentanyl into Pittsburgh. That man fled the Pittsburgh region.

Allegheny County Common Pleas Court administration said that the prohibition on Orenstein is effective immediately.

Joe Asturi, a court spokesman, would not say how long that restriction will remain or what, if any, other measures are planned. Asturi would also not say what prompted the change.

Orenstein, whose courtroom is in the city’s Lawrenceville neighborhood, will continue to work as a district judge in other capacities, including presiding over preliminary hearings Downtown at Pittsburgh Municipal Court, Asturi said.

When reached Wednesday afternoon, Orenstein said it is their policy not to make comments to the media.

The change in responsibilities followed Orenstein’s bond decision in the case against Hermas Craddock.

On April 10, Orenstein arraigned Craddock on charges of fleeing, assault of a law enforcement officer, firearms counts, reckless endangerment and driving under the influence.

Arraignment is the first step in the court process. It is a brief proceeding to notify defendants of the charges against them, schedule a preliminary hearing date and determine whether to set or deny bail.

District judges receive a non-binding bail recommendation from the county’s pre-trial services division.

In the Craddock case, pre-trial services recommended denying bail and keeping the defendant in jail until his preliminary hearing.

Orenstein, however, allowed the defendant to go free without having to put up any collateral to ensure that he appeared at his next court date.

Upon learning of Craddock’s release, the Allegheny County District Attorney’s Office objected and asked that his bond be revoked.

Common Pleas Judge Edward J. Borkowski held a hearing on the issue on Monday. He found that Orenstein’s original bond was inappropriate and revoked it.

However, Craddock did not appear for the hearing, and a warrant has been issued for his arrest.

Allegheny County Sheriff Kevin Kraus said deputies from his office are actively searching for Craddock, 37, of Sharpsburg.

According to the criminal complaint against Craddock, state police tried to pull over Craddock in O’Hara on April 9 after he was seen swerving on Route 28 just after 11 a.m.

A trooper attempted to stop Craddock at a plaza parking lot off Freeport Road, but then Craddock sped off, driving over a curb and heading toward Sharpsburg, the complaint said.

State police said Craddock almost rammed two patrol cars and was seen throwing a gun out the window.

He was eventually arrested inside his uncle’s apartment in Larimer.

At the time, Craddock was out of jail on a $25,000 bond from a previous gun charge. A district judge other than Orenstein set that bond.

The gun case is scheduled for trial in June.

Orenstein was elected in 2021 to fill the magistrate seat that covers Lawrenceville, Bloomfield and Polish Hill. They campaigned on social justice issues, including ending the use of cash bail. Their salary, set by state statute is $109,973.

Orenstein came under fire in September after releasing on non-monetary bond a New York City man accused of trafficking 9 kilograms of fentanyl in the Pittsburgh area.

In that case, Yan Carlos Pichardo Cepeda was arrested at the Greyhound bus station Downtown.

Police said he had 450,000 doses of fentanyl worth $1.6 million and a kilogram of cocaine.

Orenstein granted a non-monetary bond at arraignment, going against a no-release recommendation made by pre-trial services.

The district attorney’s office later filed a motion to have that bond reviewed, but Pichardo Cepeda never appeared for the hearing.

A nationwide arrest warrant was issued for him.

Kraus said Pichardo Cepeda was arrested in New York City on Feb. 10 after a car he was a passenger in was stopped by the New York City Police Department.

Pichardo Cepeda is currently being held at Rikers Island.

On Wednesday, a transportation order was signed by Borkowski, and Kraus said sheriff’s deputies will bring Pichardo Cepeda back to Pittsburgh after he’s released from custody in New York.

“It’s frustrating when individuals who are deemed a threat to public and community safety are immediately placed back into the community with a lack of consideration as it relates to bail,” Kraus said. ”I think those considerations need to be taken very seriously.”