The second sentencing was scheduled because Ralph E. Mirarchi, 69, of Berwyn, was not made eligible for a new state program for which he qualified when he was ordered in July to spend 41/4 to 81/2 years in prison.
Under the Recidivism Risk Reduction Incentive program, Mirarchi could get as much as 10 months shaved off his jail term if he complies with prison requirements.
Given the unusual terms of Mirarchi's plea agreement, that potential reduction sparked spirited debate before Chester County Court Judge Thomas G. Gavin decided to delay the proceeding until Oct. 5.
At that point, the judge could reduce Mirarchi's jail time, depending on whether his wife, Dorothy, has a change of heart.
In April 2008, she reportedly agreed to help repay part of the $1.32 million that her husband admitted stealing from two clients, one of whom was left virtually penniless. By agreeing to that, all parties agreed, Dorothy Mirarchi would reduce her husband's incarceration.
Prosecutor Thomas Ost-Prisco has argued that Dorothy Mirarchi's lavish lifestyle - including a nearly $2 million beach house, high-roller status at the Borgata casino in Atlantic City, and a Lexus - came at the expense of her husband's victims.
Ost-Prisco and John J. Duffy, who represents Ralph Mirarchi, said problems arose when Dorothy Mirarchi, who would retain $500,000 under the agreement for living expenses, hired a New Jersey law firm that has apparently encouraged her not to cooperate.
"I would think 35 years with this man would encourage her to dump these guys to save her husband," Duffy lamented.
Andrew J. Karcich, Dorothy Mirarchi's attorney, could not be reached for comment.
According to Gavin, Ralph Mirarchi said his conversations with his wife since July 27 had been "severely limited" because her attorneys told her prison conversations are recorded.
The judge encouraged him to write his wife a letter explaining that if she doesn't transfer ownership of her Avalon house to the victims, her husband would get a stiffer sentence.
That prompted a protest from Duffy.
"The guys in Jersey will never let that happen," he said, arguing that his client shouldn't be penalized for his wife's behavior.
Gavin disagreed.
"We're punishing the man for putting resources beyond the reaches of the court," the judge said.
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