Motion to suppress wiretap evidence in suspended Somerset County DA's case withdrawn

David Hurst, The Tribune-Democrat, Johnstown, Pa.
·2 min read

Jul. 28—SOMERSET, Pa. — Attorneys representing suspended Somerset County District Attorney Jeffrey Thomas are withdrawing their motion seeking to prevent jurors from hearing about wiretap evidence in court.

Defense attorneys had been granted a five-day extension to file a brief with court-appointed Cambria County Senior Judge Timothy Creany supporting their argument that the wiretaps were used unlawfully — and a form of "trespassing."

Instead, Creany indicated, Pittsburgh attorneys Ryan Tutera and Eric Jackson Lurie decided to withdraw their motion, which apparently clears the way for recordings of two of Thomas' conversations to be used as evidence in his upcoming trial on sexual assault charges.

According to court proceedings and previous filings, those conversations include a phone call Thomas made from his residence, and a meeting and "confrontation" at a Richland Township restaurant a day later with the woman he is accused of sexually assaulting.

Both conversations occurred a few days following the alleged assault, after the Windber woman contacted police.

The woman agreed to wear a recording device at the restaurant, court documents show.

Prosecutors from the state Office of Attorney General previously argued for the recordings to be permissible as evidence.

During a June hearing on a list of court motions, Senior Deputy Attorney General Tomm Anthony Mutschler said Pennsylvania judges have approved phone call tappings that were executed in the same manner at least 27 times.

Tutera was contacted Wednesday about the decision to withdraw the evidence suppression motion, but had no comment.

The wiretapping motion was just one of a long list Creany has sorted through last month.

Among them, the judge barred defense attorneys from using "conspiracy theories" as a defense in court.

In a separate moves, the judge has also sided with Thomas' attorneys in other motions, including one prohibiting the Office of Attorney General from bringing up allegations of previous bad "acts" by Thomas that never resulted in criminal charges a year earlier.

"A case should be proven on its (own) facts," Creany told attorneys during the June 16 hearing.