SHARON City police, mayor call lawsuit groundless
A probe by the district attorney found no evidence to support the complaint.
By HAROLD GWIN
VINDICATOR SHARON BUREAU
SHARON, Pa. -- City police and the mayor say that a lawsuit filed against the city and department alleging misconduct by investigators in a home-invasion case is groundless.
Jody Gabriele, 41, of Elm Avenue, who is serving time in a Pennsylvania prison, filed the lawsuit in June alleging that police seized and developed two rolls of film he was carrying with him at the time of his arrest.
The film contained nude photos of his wife at the time, and Gabriele alleges the police misused those photos. He and his wife have since separated and he said police may still have copies of those photos.
He's seeking $4 million in damages.
"There was nothing done improper on that [investigation] whatsoever," Mayor David O. Ryan said Thursday, noting that the district attorney's office investigated Gabriele's complaint and found no evidence to support it.
A police spokesman said the city hadn't received any official correspondence on the lawsuit as of Thursday but that the city became aware of Gabriele's allegations at some point last year.
The spokesman also said the district attorney's office investigated the complaint and found no improper behavior by officers.
District attorney's letter
James Epstein, Mercer County district attorney, in a letter to Ryan dated March 18, 2003, said his office had concluded its investigation into the matter and found "no credible evidence" that the officer who handled the film committed any criminal acts with the seizing of evidence in the case.
The matter is closed, Epstein wrote.
The case began Oct. 20. 2001, when Gabriele and Edward Boles, also of Sharon, forced their way into a North Water Avenue home and began beating a resident, Michael Harris, with a baseball bat in an effort to rob him.
Police said Harris was able to get a gun and fired several shots at the pair, striking Boles, who later died of his injuries.
Gabriele fled but was arrested several days later. He pleaded guilty to a misdemeanor charge of making terroristic threats and was sentenced to 18 months to three years in prison. That sentence hasn't begun because Gabriele already was serving time in Pennsylvania in an unrelated case.
gwin@vindy.com