Former DA asks court to unseal parts of grand jury testimony
Former Washington County district attorney Steven Toprani, his chief detective, Michael Aaron, and the county have asked Washington County Court to unseal “limited evidence and testimony” in a 2009 grand jury proceeding because they believe it will help them in a federal suit brought by a former Smith Township police officer.
The county’s first investigative grand jury, empaneled in the summer of 2009, heard testimony from Derek Atif Dayoub, who was the subject of two criminal prosecutions while he was employed as a Smith Township police officer through April 2009.
One of Dayoub’s criminal prosecutions stemmed from Dayoub’s arrest and the use of pepper spray on John Dvorsak. The second was related to Dayoub’s “interaction” with a McDonald’s restaurant employee, Brandon Lancaster.
Court documents filed last week in Washington County Court showed the initial grand jury investigated both the Smith Township and Burgettstown police departments. The filing described incidents involving Dayoub, Lancaster and Dvorsak as “ancillary” to the grand jury investigation.
During the course of his investigation, Toprani entered into an agreement with Dayoub that said he would allow assault charges against the officer to be dropped in exchange for his testimony before the grand jury “regarding misdeeds that were occurring within Smith Township.”
Toprani and Aaron believe there is a transcript and immunization order that corroborate their reasons for agreeing to dismiss the charges against Dayoub.
In April 2011, Judge John DiSalle granted the motion to dismiss under the condition that Dayoub had paid $1,612 in restitution for injuries Dvorsak suffered. Last fall, Dayoub had his criminal records expunged, and in December, the former police officer filed a civil case in U.S. District Court, Pittsburgh, alleging malicious prosecution, malicious abuse of process and conspiracy to interfere with civil rights.
Defendants in the case, along with Toprani and Aaron, are former Burgettstown police chief George Roberts, McDonald police Officer William Nimal, Washington County and Burgettstown Borough.
Dayoub claims in the suit that “the criminal charges brought against him, and subsequently dismissed, were all part of an elaborate conspiracy based in Dayoub’s political ‘allegiances’ and Syrian descent,” the attorney for the former Washington County prosecutor, his chief detective and the county states in her petition.
In the federal suit, Dayoub denies the criminal charges against him were dismissed in exchange for his cooperation in giving testimony before the grand jury, “and it appears he is denying that he gave any testimony at all,” Toprani and Aaron allege.
Toprani, Aaron and Washington County “adamantly deny Derek Dayoub’s characterization of his arrests and criminal prosecution,” according to the petition to unseal grand jury records filed by their attorney, Patricia Monahan.
In the Lancaster incident, a surveillance video shows what took place between Dayoub and the McDonald’s employee, according to the document filed in Washington County Court. There also are recorded statements of Lancaster, the McDonald’s manager and two other witnesses to the incident.
In the Dvorsak incident, there are related documents, statements, complaints and reports.
After the court hears testimony in Toprani’s and Aaron’s petition, it can release “to another investigative agency” the previously secret proceedings the grand jury heard, they state in their recent petition.
Toprani and Aaron, in the federal case, face not only damages that Dayoub claims in excess of $75,000, but punitive damages as well.
“The grand jury investigation into Smith and Burgettstown police departments is no longer ongoing, and the evidence and testimony sought is not subject to an ongoing criminal prosecution,” the attorney for Toprani, Aaron and Washington County stated in their petition, adding that Toprani’s successor, Eugene Vittone, does not oppose their request. Gianni Floro, the lawyer representing Dayoub, also consents to their request, Toprani and Aaron stated.
Floro did not immediately return a call for comment Monday morning.
The latest entry on the federal court online docket shows there was an unsuccessful attempt to resolve the case this month under a mandatory program.
Smith Township hired Dayoub as a part-time police officer in 2007.