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The retry of the corruption case against state Sen. Jane Orie and her sister Janine will be separate this time around.

An Allegheny County Common Pleas judge this morning agreed to sever the trials of state Sen. Jane Orie and her sister Janine Orie, who were scheduled to go to trial at the end of this month on charges they misused the senator's legislative staff to run an election campaign.

The trial for the Republican from McCandless still is set to begin Feb. 27. The trial for Janine Orie has not been rescheduled.

Attorney James DePasquale, who represents Janine Orie, had asked that his client be tried separately since the two sisters were initially charged. Judge Jeffrey A. Manning had repeatedly denied the request until this morning during a pre-trial hearing.

He referred to the additional charges filed against Jane Orie in the summer, alleging perjury and forgery that prosecutors say arose out of the mistrial in the case last year.

"I don't want to do this three times," Judge Manning said. But he continued, "I'm concerned I'm doing a disservice to both defendants by keeping these cases joined."

After the hearing, Mr. DePasquale said he believed trying the sisters together was unfair, especially with the additional charges against the senator.

"I just thought that would have been too prejudicial for Janine," he said. "I've always thought it would be better for my client to be severed -- from Day One.

"Better late than never."

Later today, Judge Joseph M. James, who supervises the grand jury, will hold a hearing on a motion by Jane Orie's attorney asking that a special prosecutor be appointed to investigate a possible leak in the grand jury.

William Costopoulos has accused the prosecution of releasing information that another sister in the case, state Supreme Court Justice Joan Orie Melvin, received a letter indicating she was a target of the grand jury.

Assistant District Attorney Lawrence Claus has denied the allegation.

Justice Orie Melvin has not been charged. Her attorney, J. Alan Johnson, did attend this morning's hearing.

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