April 30--Allegheny County prosecutors on Monday dropped charges against a state prison guard in Pittsburgh accused of abusing inmates, the third such case to be dropped or thrown out this year.
Sean Storey, 27, of Mt. Washington, one of seven SCI-Pittsburgh guards prosecutors charged last year, was accused of simple assault and official oppression. Charges remain against four guards.
"It became clear as we prepared for the case that the statements of the witnesses were going to be inconsistent with the facts as they were originally presented," said Mike Manko, spokesman for District Attorney Stephen A. Zappala Jr. "One of the witnesses to the alleged assault was not in the facility at the time. Another witness' description of Storey didn't match with Storey's dimensions."
Attorney Chris Capozzi said his client remains suspended from his job but would like to get back to work, whether it's his old job or a new one. Prosecutors charged Storey in November, but the state Department of Corrections suspended him before then.
A DOC spokeswoman declined to comment.
The investigation should never have targeted Storey, Capozzi said.
"It ruined his life. He's a decorated Marine Corps veteran, and he returned home and got a good job as a corrections officer," Capozzi said. "He was accused of a crime he didn't commit, and it took authorities over a year to recognize that."
During preliminary hearings in January, district judges threw out the charges against former guards Kevin Friess, 32, of Bellevue, and Brian Olinger, 32, of Washington.
"Any case in which your defendants are traditional figures of authority, like a police officer or guards, the cases are difficult because you're asking the jury to turn the world upside-down. These are usually the good guys," University of Pittsburgh law professor David Harris said.
The cases against guards Harry Nicoletti, 60, of Coraopolis, Tory Kelly, 40, of Hopewell, Jerome Lynch, 35, of the North Side, and Bruce Lowther, 34, of West Newton, are pending.
"Anytime there's a case with inmates, it's a fluid situation," Zappala said. "It's good that the public knows any prosecution -- not just the ones that are problematic -- is an ongoing review."
Authorities accused Nicoletti of being the ringleader and charged him with dozens of counts of sexual assault, indecent assault, solicitation, terroristic threats and related charges in attacks over two years on more than 20 inmates at SCI-Pittsburgh in Woods Run, including the rape of a transsexual male. Most of the victims were targeted because they were convicted of sex crimes against children, investigators have said.
Copyright 2012 - The Pittsburgh Tribune-Review
