The Herald, Sharon, Pa.

Local News

September 20, 2012

Toth’s private case in hands of DA

By Joy Leiker Herald Staff Writer

SOUTH PYMATUNING TOWNSHIP — A South Pymatuning Township resident has accused a policeman of intimidation, the latest in a messy back-and-forth between residents and officials.

Kurt D. Toth, 45, of 3710 Orangeville Road, filed a private complaint last month against township Sgt. Richard Christoff.

According to that complaint – Toth provided a copy of it to The Herald – the intimidation issue actually is between Christoff and another township resident, Thomas Lyons.

On Aug. 3, Lyons, a volunteer firefighter, was clearing debris from an automobile accident when Christoff told him that he had violated the wiretapping law by recording township supervisors meetings.

The complaint said, “Christoff reiterated that Lyons had violated (the) wiretapping law, could be charged with a felony, and that defendant Christoff was the only person protecting Lyons from those charges.”

Lyons regularly attends and records the monthly meetings, and he recorded the June meeting, which included a confrontation between Toth and another township policeman, Andreu Foriska. That confrontation has led to criminal charges against Toth, including failing to disperse, disrupting a lawful meeting and two counts of disorderly conduct.

Toth also has filed a civil suit against Foriska for violating his free-speech rights and retaliating against him for exercising those rights by speaking at a supervisors meeting.

According to the complaint Toth filed last month, Christoff knew that Lyons planned to testify on Toth’s behalf in proceedings related to that confrontation.

“As a result of defendant Christoff’s actions, Lyons now fears that he may be prosecuted criminally if he appears to testify on Toth’s behalf or produces his recordings as evidence,” the complaint said.

What happens next with the private complaint will be decided by District Attorney Robert G. Kochems.

Residents can file complaints at a district justice office, just like a police officer must swear that a crime was committed. The only thing that’s different is that before a resident’s complaint is filed in court, it first must be reviewed by the district attorney.

Kochems confirmed he had received Toth’s complaint, and said he had just begun to review it this week.

“I’m reviewing it to determine what I will be able to do with it,” Kochems said.

He may have to ask the attorney general’s office to consider reviewing the complaint because the pending criminal case might make this new complaint a conflict for Kochems.

Kochems said he’ll be making that decision “relatively soon.”

If the DA deems Toth’s complaint valid, it would be filed at District Judge Brian Arthur’s office and would move through the court process like any other complaint.

Toth has had earlier run-ins with South Pymatuning officials. In 2011 he sued the township and two other policemen alleging free-speech retaliation and malicious prosecution over two criminal cases filed against Toth. The parties settled that suit earlier this year, and the township paid Toth $30,000, but didn’t admit any wrongdoing.

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