Attorney wants Masontown chief to answer questions about computer use
The attorney for a Masontown councilman alleged in federal court filings that members of the borough police department have used work computers to look up adult websites.
The filing came as part of a suit by John Stoffa II and Rose Stoffa against the borough, its police department and several others. Stoffa II is on borough council, and claimed police unlawfully searched the couple’s home in January and seized various items, after he suggested the department and its computers should be audited.
Their attorney, Charity Grimm Krupa, alleged the search occurred after Stoffa, in his capacity as council president, voiced allegations of “seemingly corrupt and unethical actions” in the police department.
The suit was filed earlier this year, but in a recent filing, Krupa asked a judge to compel borough police Chief Joseph Ryan to answer questions about himself and the department.
Among the things requested were admissions about the days, dates and time Ryan worked, that he had a conversation with the borough’s mayor about officers viewing pornography while on duty, and that he also accessed adult websites while on duty. Krupa contended officers and Ryan used borough equipment to access the inappropriate content.
Ryan declined comment on the filing.
The requests were made earlier this year, but Krupa said a borough attorney objected to them, claiming the information is not relevant to the civil suit, calling it “an instrument of annoyance, embarrassment and oppression.”
Krupa contended the information is relevant to the Stoffa’s suit.
“Clearly, if the chief of police in a small municipality is accessing adult websites and adult social media websites while on official duty, the citizens of that municipality and certainly the members of borough council have a right to discuss such unethical behavior and the discussion of the same would not amount to criminal activity on behalf of the plaintiff, John N. Stoffa II, as implied in the affidavit of probable cause to the search warrant,” she wrote.
Krupa indicated both sides tried to resolve the dispute without intervention from U.S. District Court Judge Peter J. Phipps, but had a fundamental disagreement over the issues and were unable to do so. That, she wrote, led to her filing the motion in court.
In an order, Phipps said the request would be addressed during an in-person status conference in his chambers Thursday.
The judge also ordered no further discovery-related motions would be permitted without prior court approval. Phipps’ order said disputes about what information would be released should be directed to him by attorneys for both sides.
In addition to the borough and its police department, the suit names Councilman Harry Lee, former council member Frank McLaughlin, Mayor Toni Petrus, Ryan and Masontown police Officers Alexis Metros and Thomas O’Barto as defendants.