NAACP Asks DA to Prosecute in Miles Case

Representatives of several community groups met with Allegheny County District Attorney Stephen Zappala today, to ask him if he would prosecute the three Pittsburgh Police Officers involved in the January 12, 2010 beating of 18-year-old Jordan Miles.

NAACP’s national legal counsel Kim Keenan says she asked Zappala repeatedly when he would prosecute the officers.

"Lawyers are very good at saying they 'really can't say,' and the DA was exceptional in that regard," says Keenan. "Despite many questions in many ways, he could not give us a timeline, but he did indicate that he had three people in his office working on it."

Keenan says she will do whatever it takes to keep attention on the case, including holding public hearings and more meetings with Zappala.

Keenan says Zappala told her he would look “fully and fairly” at the evidence of the Miles incident, including grand jury testimony.

The group at the meeting included leaders of the regional, state, and national chapters of the NAACP, and the heads of local groups such as the Black Political Empowerment Project and the Black & White Reunion.

Those groups have been steadily advocating for the prosecution of the three policemen in question since the beating happened, almost 18 months ago. The officers were on paid administrative leave for more than a year after the incident. They were reinstated this May after a federal investigation of the case resulted in no charges.

Zappala had said in the past that he would not take action until the federal investigation had finished.

McCullough Fails Write-in Bid

The Allegheny County Elections Department says former County Councilman Chuck McCullough did not get enough votes in the May primary to put his name on the November ballot as the Republican nominee for District Attorney. McCullough needed 500 votes. He received only 103 of the total 1,510 write-in ballots cast. Current District Attorney Stephen Zappala, who is a Democrat, picked up 296 write-in votes from Republicans. There were 1,111 write in votes cast or “scattered” candidates.

Zappala received 104,165 votes in the Democratic primary and will run unopposed for the District Attorney’s seat in November. 696 write-in votes were cast in that primary race.

McCullough launched his write-in efforts just days before the primary. He also was running in the County Executive race. He lost that bid to D. Raja 32,486 to 12,819.

The elections department will launch a recount Wednesday of the ballots cast in the Democratic Commonwealth Court Primary election. That race is being recounted statewide. Katherine Boockvar edged out Barbara Ernsberger by just 2,116 votes or .341%. The slim margin triggered an automatic recount. In Allegheny county Ernsberger gathered 79.952 votes compared to 23,277 for Boockvar.

City Council Examines Nuisance Properties

The Allegheny County District Attorney warned about high crime rates in the Hill District during a post agenda meeting today at City Council. The meeting, which focused on nuisance properties and crime, was hosted by Councilwoman Theresa Kail-Smith and included the City Solicitor and District Attorney, as well as members of the Bureau of Building Inspection, the Law Department, Pittsburgh Police, and Red Five Security.

District Attorney Stephen Zallapa says that crime in the Hill District is concentrated to the housing projects of Addison Terrace, Bedford Dwellings, and Reed Roberts. He says that between January and September 2010 the Hill District saw a large amount of crime. "The Mayor had made it clear to me and the City Solicitor has made it clear to me that if it's necessary to take neighborhoods back block by block, that's what we will do. We have received substantial assistance from other agencies within the city."

Zallapa says that success has been achieved in the Hill District with the razing of Reed Roberts. Since the residents have started their move, crime in the area has decreased 90%. He did point out that the crime rates in other neighborhoods might have increased due to a cut back a few years ago by the Housing Authority in its police capabilities.

City Solicitor Daniel Regan says that their major concern of the quality of life for the residents effected by nuisance properties. He says that the March 2010 creation of the Nuisance Property Task Force has been helpful and cause for inter department coordination.

Zappala says that he would like to see a change made in how Addison Terrace is operated, citing that the Housing Authority needs to create a workable plan. He says that if correct actions are made, crime can be reduced by 75-80%.

Grand Jury Investigates Orie's Office

An Allegheny County grand jury is reportedly investigating whether a worker in State Senator Jane Orie's North Hills office was employed for campaign purposes. The Post-Gazette report that an aide to the Republican senator was questioned for 8 hours by the grand jury. Orie's attorney Jerry McDevitt told the paper that the questioning followed surveillance of Orie's staff and office. McDevitt said investigators raided Orie's office two weeks ago...taking computers and laptops. According to McDevitt, the investigation began after an intern in Orie's office contacted the district attorney alleging campaign work for State Supreme Court nominee Joan Orie Melvin, Orie's sister, was being done out of the senator's office.

Orie's Office Raided

State Senator Jane Orie, a Republican from Allegheny County, has retained a lawyer after her offices were searched by Allegheny County detectives as part of a county grand jury investigation. Attorney Jerry McDevitt says computers and laptops were seized as well as a computer server. McDevitt says the investigation apparently began a day before the November election when an intern in Orie's office complained to the district attorney's office that political calls were being made from there on behalf of State Supreme Court nominee Joan Orie Melvin, the senator's sister. McDevitt told the Post-Gazette he plans to "unleash hell in December" over the raid at Senator Orie's office. He accuses District Attorney Stephen Zappala of carrying out an overly broad and unconstitutional search warrant.

Woodland Hills May Improve Surveillance

Allegheny County District Attorney Stephen Zappala was recently introduced to a wireless security system that tracks those on parole and probation when crossing into a prohibited area. The system, developed by Conxx of Cumberland Maryland, places antennae around a prohibited area, such as a school, so when a sex offender in the Megan's Law registry crosses its path, the school and local police are alerted. It trips the system through a tracking device a sex offender is required to wear when they do not serve their full sentence. Zappala says it can also be used for drug dealers, to keep them away from playgrounds and schools, and domestic violence cases. He says it would not be a constant monitoring system, but a system that would track those wearing devices that cross into prohibited areas. Zappala recent met with Woodland Hills school board members and police, and they think it's a good idea. An estimate for the system will be released next week, but Zappala says he does not think the system will be incredibly expensive.

UPMC Not to Be Charged in Rooftop Death

Allegheny County District Attorney Stephen Zappala today announced he will not try UPMC Montefiore for the December death of Rose Lee Diggs. Diggs was found dead on the morning of December 2nd on the hospital rooftop where it is presumed she had wandered the night before. Officials say Diggs suffered from dementia and family members say she had a history of wandering. Diggs allegedly wandered up the stairs to the roof top wearing only a dressing gown and slippers. Temperatures dipped to 23 degrees that night and Diggs is ruled to have died from exposure.

Investigators show there may have been a faulty lock on the rooftop door and that an alarm system that should have rang when the door was opened was tampered with.

Despite speculation of an attempted cover-up by the hospital, Zappala says his office lacks sufficient evidence to pursue the case.

Diggs’ family has brought suit against UPMC for wrongful death.

Seven ACORN Canvassers Charged with Voter Registration Fraud

Allegheny County District Attorney Stephen Zappala today charged seven canvassers for the community group ACORN with forgery and related offenses. Zappala alleges the group functioned under a quota system in which workers were required to amass a certain number of registrations to receive pay. This type of system is prohibited by the Pennsylvania Election Code. Zappala says ACORN workers registered themselves several times, falsified information on voter registration forms, switched party affiliations multiple times, and even forged a registration for an election official to meet their quota. Those charged are:

Ashley Lucille Clarke, 21, of Pittsburgh. Clarke faces charges of forgery, solicitation of registration for pay, unsworn falsification of authorities, obstructing the administration of law or government function, interference with voter registration, and impersonating another person in a voter registration application.

Alexis M. Givner, 23, of West Mifflin is charged with forgery, solicitation, unsworn falsification, obstruction, interference and impersonation.

Mario Wyatt Grisom, 28, of Pittsburgh, with forgery, solicitation, unsworn falsification, obstruction, interference and impersonation.

Latasha Leann Kinney, 27 is charged with forgery, solicitation, unsworn falsification, obstruction, interference and impersonation.

Eric Eugene Jordan, 19, of Pittsburgh, faces charges of solicitation for pay and interference.

Eric Lee Jones, 20, of Pittsburgh, is charged with forgery, solicitation, unsworn falsification, obstruction and interference.

Bryan Williams, 22, of McKeesport, faces charges of obstruction and interference.
Two of the workers charged today were already in custody on unrelated offenses.

One of the canvassers had previously been fired by ACORN for forging registrations.
A total of 51 charges of forgery were issued and Zappala says the investigation is not over.

In the past, ACORN has denied offering compensation for signatures.

Judge in Poplawski Case Says Gag Order Not Violated

On April 14th a gag order was issued in the case of Richard Poplawski who is charged with killing three police officers. The order barred police, attorneys and jail employees among others, from discussing the case in public, in a way that would impact the legal process. Six days later the District Attorney’s office revealed that they would seek the death penalty. The Defense attorney called it a violation of the order and sought sanctions.

But according to defense attorney Lisa Middleman, it wasn't the revelation that the DA would seek the death penalty that Defense attorney Lisa Middleman took issue with, but rather the use of the words "as of now, there are no mitigating circumstances" -- meaning that the DA didn't have any evidence at the moment that would compel them to seek a more lenient sentence. Because the defense might give mitigating information during trial, she felt that that jury pool could be tainted by the assumption that none existed. She also believed-though it was never stated-that the families of the victims were covered under the gag order and that the prosecution failed to alert them.

But in the end presiding Judge David Cashman decided that the DA was merely describing the structure and schedule of the case, and had qualified his statement with the words "as of now." He also dismissed the notion that the victims' families had violated the order.

Doctors Argue Taser Risks

The Use of Force Working Group, or taser working group, today met with doctors to discuss taser risks. The group, composed of local law enforcement and legal professionals, posed questions and offered their takes on the testimony. Dr. Joe Suyuma of the UPMC Department of Emergency Medicine testified that it’s best to subdue people showing symptoms of “excited delirium” as soon as possible citing the taser as the best method. However, Dr. Andrew Dennis, a Chicago Trauma Surgeon says tasers could cause catastrophic damage to the heart and could harm those subjects in a state of “excited delirium.” The Use of Force Working group was started by Allegheny County District Attorney Stephen Zappala after several deaths this summer in which tasers were used.

No Charges in Police Shooting Involving K-9

Allegheny County District Attorney Stephen Zappala says he will not pursue charges against two officers involved in the fatal shooting of a suspect in Mount Oliver last May. The officers shot the suspect after the man shot and killed K-9 officer Aulf. Zappala says his investigation found the officers were justified in shooting 19-year-old Justin Jackson of Allentown and he has issued a memorandum to that effect. He says his detectives have spoken to the dead man’s family outlining his position.

Waterfront Cameras may be Just 90-Days Away

Allegheny County District Attorney Stephen Zappala gave Mon-Valley elected officials a few more details on his plan to put cameras at the Waterfront. Zappala is still looking for the $22,000 local match to free up a $100,000 Department of Homeland Security grant to install the cameras. The 2-mega pixel cameras will be mounted at every entrance to the development and they will be hooked into a system with face and licenses plate recognition capabilities. Zappala says the system will help solve crimes, catch criminals and, reduce criminal activity. “Nothing is a better deterrent to crime than knowing you are going to get caught.” Zappala says he hopes to have the system in place in 90 days and then will look to expand onto 8th avenue and then into other communities. The technology will eventually allow business owners to purchase their own cameras and, with permission, place them on the same system using a simple Internet connection. With the number and face recognition software there is no need for an officer to watch the cameras or comb through the video looking for a suspect.

Allegheny County Use of Force Working Group Reconvenes to Discuss Tasers

The Allegheny County Use of Force Working Group heard testimony today from two representatives from Taser International, a major marketer of the conducted energy devices. Peter Holran and Jay Kehoe told the panel how tasers work, what risks are involved in using them, and the success of properly implemented taser programs. Holran says tasers emit a high voltage electric current on the same wavelength as those produced by the brain to cause neuromuscular incapacitation. Kehoe, who has personally been tazed 28 times, compared the sensation to muscle cramps of the whole body. Both company representatives agreed that the purpose of the taser is not to inflict pain on an individual but to incapacitate them until an officer can subdue the suspect.

Kehoe says the tasers come equiped with a laser sight for aiming accuracy, a camera which records from the time the safety on the gun is disengaged until it is re-engaged, and an automatic five-second run time of the electric pulse. The tasers also keep a computerized record of the time, date, and outside temperature of the time they are fired and release a receipt that shows the serial number of the cartridge fired. Kehoe says these components are in place to protect against allegations of improper use.

Allegheny County Medical Examiner Dr. Karl Williams spoke about the medical effects of taser usage. He says that the concept of the taser seems harmless, but cautions about the unknown risks of taser effects on an intoxicated individual.

The Working Group will continue to meet over the next several months, until it comes up with a recommendation for Allegheny County District Attorney Stephen A. Zappala about the use of tasers in local police forces. Currently, about 46 police departments in Allegheny County use tasers as a means to restrain suspects.

Allegheny County Deputy District Attorney Testifies in Congressional Hearing

Deputy District Attorney Laura Ditka gave her testimony at a House Education and Labor Committee hearing concerning the Education Begins at Home Act, a bill which provides at-home visitation from trained family resource personnel to troubled families. Ditka, the chief of Allegheny County's Child Abuse Unit, provided anecdotal evidence of the need for at-home visitation. She also provided statistics on families who already receive the visits. Ditka says that in houses where there has been visitation, 60% of children and 60% of mothers are no longer arrested. She urged committee members to enact the legislation to eliminate child abuse stemming from neglect by uneducated, ill-prepared parents.