Yesterday, Delaware County prosecutors argued that Terry McGirth should be removed from office.

In November 2007, McGirth ran for a council seat - seeking elective office is legal - and won the election with 944 votes. At the time, news reports and his opponents revealed that McGirth had been convicted and served time in Chester County for embezzling $100,000 from Davita Inc. in Berwyn, where he worked as a collections representative. He was sentenced to six to 23 months in prison, followed by seven years of probation.

"This defendant, under the constitution, is not eligible to hold office," said Louis G. Stesis, assistant district attorney.

Felonies are considered infamous crimes, Stesis said.

"The voters of the borough made the decision to elect Terry McGirth as councilman," said John F. Lacari, McGirth's attorney, who added that they should make the ultimate decision. He presented identical letters from 37 voters saying they knew of McGirth's past but supported him in the election.

"I don't think 37 people can speak for 11,000," said Dolores Jones-Butler, a Yeadon councilwoman who was at yesterday's hearing. She supports removing McGirth from office.

"Unfortunately, we live in a society where your present and future are defined by your past," McGirth said after the hearing. He said his life had taken a "180-degree turn" since his conviction.

Delaware County Judge George A. Pagano said he would issue his ruling soon.

On Monday, McGirth is expected back in court in another case. He faces trial on misdemeanor charges of indecent assault and harassment. McGirth is alleged to have inappropriately kissed the borough's finance director, Terri Phifer Vaughn, a number of times.

Vaughn was suspended from her position in February and terminated in March.