A county district judge has for the second time dismissed felony charges filed against Aliquippa’s suspended assistant police chief alleging he texted obscene materials to a minor.
Read the full article HERE.
Channel 11 has uncovered new details about alleged corruption in the Aliquippa Police Department.
Reporter Amy Marcinkiewicz spoke with Steve Townsend, the attorney for Joe Perciavalle, the former police chief who is facing charges for allegedly sending sexually explicit messages to a 17-year-old girl.
Click HERE for the entire story.
By Shelly Brandbury – firstname.lastname@example.org
“It’s over,” attorney Steven Townsend said of the relationship. “It wasn’t very strong to begin with. But certainly after the charges came out it ceased to exist.”
The connection between Mr. Cain, Kane and Richards has not been previously reported. Mr. Townsend said he was not sure when the pair’s relationship began, but posts on Kane’s Facebook page suggest the relationship was going on in 2016, which is when Kane put up a photo of herself in a close embrace with Mr. Cain, along with comments about how Mr. Cain was her boyfriend and “the love of my life.”
An attorney for the suspended Aliquippa assistant police chief has motioned for a charge dismissal hearing ahead of the scheduled May 6 trial, has notified the judge he intends to call District Attorney David Lozier as a witness, and has asked to have the Beaver County District Attorney’s Office disqualified from prosecuting the case.
Joseph Perciavalle faces a misdemeanor charge of corrupting a minor and a felony violation of the Wiretap Act.
Defense Attorney Steven Townsend included with his motion a copy of the disputed recorded conversation between Perciavalle and Police Chief Donald Couch, who is also suspended. The recording had previously been played in its entirety in open court by prosecutors during a preliminary hearing for Perciavalle on Dec. 4.
Townsend wrote that he will call Lozier to testify at the hearing, which will make him a witness and that he is legally prohibited from prosecuting a case in which he is a witness.
“As such, it is respectfully requested that this Court disqualify the Beaver County District Attorney’s Office from prosecuting this case,” he concluded.
Click the link below to listen to Nick’s story
For 18 months, I had been accused of crimes I did not commit’: Former Duquesne University basketball player talks about rape charges being dropped
Below is the real story and why the DA had evidentiary issues.
K. B. is no longer an “alleged victim of sexual assault”. She wasn’t a victim September 2017 and certainly is not a victim now. K.B. was not forced to accept the plea agreement. She chose to accept the offer as recommended to her by the Commonwealth.
Nicholas Washington never asked for a plea agreement and was prepared to go to trial. The unsolicited offer was submitted to Mr. Washington’s by the District Attorney’s Office, days before trial was to begin. The Commonwealth encouraged K.B. to accept the plea because her unsubstantiated claims were simply incredible and the evidence did not support her story.
It was her idea to go back to the dorm room, with the intent to have consensual sex. It was K.B. who told the police she never said no.
K. B. did not want to expose herself to the truth in open court so she read her victim impact statement, knowing she would not be subject to cross examination. That cross examination would have included questions regarding her own statements on the night of the incident. It would have included statements she gave to the police, which were stipulated to by the prosecution, that Mr. Washington was innocent of the allegations and had done nothing wrong.
Whether you are a prosecuting attorney or a defense attorney, we are all bound by certain ethical duties. As a prosecutor those duties include, refraining from prosecuting a charge that the prosecutor knows is not supported by probable cause. If there had been probable cause, there would have been absolutely no reason to withdraw the charges. Had the Commonwealth believed her story, that alone could have provided support to proceed in the prosecution. Had this case proceeded to trial it would have been clear that Ms. Battin fabricated her story. It would have been abundantly clear that what she alleged was completely false.
If the justice system failed, it failed Nick Washington. For 18 months his life was put on hold. Between the time of the allegation and the day conveying an offer nothing had changed. Probable cause to support the charges never existed.
Mr. Washington pleaded guilty to a disorderly conduct, which is the lowest level, non-sexually related misdemeanor in Pennsylvania. Mr. Washington pleaded guilty despite his innocence, only due to the inherent risks of going to trial as a young black man.
It took almost a year to obtain justice, but finally the case was dismissed. Ms. Busia was wrongly charged with a number of serious felony offenses by an over zealous officer. She lost her job, had to fight for her unemployment, and has suffered unimaginable embarrassment from the start. After succeeding in her unemployment hearings and a lot of hard work and patience, Ms. Busia’s case is over. The entire case was withdrawn by the Allegheny County District Attorney’s Office as we were prepared to pick a jury on January 16, 2019.
Case against man charged with killing 2 people outside gas station headed to trial
AMBRIDGE, Pa. – The case against the man accused in the shooting deaths of two men who he said were part of a group that attacked him at an Ambridge gas station last month will move forward.
Brandon Lee Richardson, 31, was surrounded by supporters Friday during a preliminary hearing.
The judge heard testimony from two Ambridge police officers who told the judge they saw multiple shell casings, blood and a bullet hole in a silver sedan.
The prosecutor played surveillance video for the judge that the defense attorney said showed Richardson being jumped while standing at the back of his car and being beaten, kicked and punched.
Richardson’s attorney, Steve Townsend, said his client fired only after the group of five walked away and two came back and continued the assault. Brandon Everett and Lamar Seymour died in the shooting.
According to Townsend, Richardson didn’t know the people who allegedly jumped him, and everyone involved was at a bar in the evening, but nothing happened there.
Richardson, who Townsend says has stage 4 prostate cancer, was held for trial on all charges.
Pennsylvania Use of Force: Title 18 Pa.C.S.A. Sec. 505
Use of force in self-protection.
(a) Use of force justifiable for protection of the person.—The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.
(2) The use of deadly force is not justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat;
John Paul, is the founder of the Beaver Countian and an investigative journalist. If you want to keep up on the corruption or anything relevant in Beaver County, please click on the link above.
Investigative Report: Aliquippa Officer Claims DA Lozier’s Office Retaliated After He Provided Evidence Of Corruption
It took a while to receive the decision, but it was well worth the wait. A client appears for an unemployment compensation hearing as the employer appealed the benefits. The employer’s key witness, who received a subpoena, failed to appear and failed to provide any reason for not appearing. During the hearing, the employer tried to elicit hearsay testimony to support their allegations of willful misconduct. However, the referee correctly excluded the testimony as the witness was not present. The referee indicated a decision would be forthcoming. Approximately 2 days later, employee received notice that the hearing was being reopened to allow the witness to testify.
Pursuant to the Board Rules, reopening a case is strictly defined, and in this case imporoper. However, over objection the referee conducted the hearing and ultimately denied the employee benefits.
Not being discouraged, we filed a review of the referee’s decision to sua sponte, reopen the case and obtained the benefits the employee rightly deserved. See the Board’s decision below.
If you have an unemployment issue please contact: Steven C. Townsend
An Aliquippa district judge recused herself Tuesday from two criminal cases against an Aliquippa assistant police chief, delaying the preliminary hearings that were scheduled to begin in the Beaver County Courthouse.