Nov 14, 2025 By Mike Jones 5 min read

A judge in Washington County denied petitions from the district attorney asking the court to force the coroner to turn over autopsy reports without charging fees, ruling that it instead is a civil matter and should not be attached to the criminal court, while she also pleaded with the two warring sides to find “common ground.”

President Judge Valarie Costanzo swiftly denied the petition Thursday brought forward by District Attorney Jason Walsh over concerns about a $700 fee charged by Coroner Timothy Warco, who the prosecutor claims has been withholding autopsy reports and other records in multiple homicide cases that are harming investigations and court proceedings.

“These are active prosecutions the commonwealth has,” said Deputy District Attorney John Friedmann, who appeared before Costanzo during Thursday morning’s hearing at the Washington County Courthouse.

But Costanzo questioned why the motion was brought to her court under the criminal docket of active homicide prosecutions rather than through a lawsuit to allow a civil court judge in the courthouse decide the matter.

“I understand your dispute. It’s pretty clear,” Costanzo said. “It seems to me it’s a civil dispute about fees, and you’re bringing it as a criminal matter.”

The Coroner’s Act of 1955 allows for a $700 fee to be charged to “nongovernmental agencies,” which are usually insurance providers or other businesses trying to determine liability in a person’s death. That fee is not supposed to be charged to fellow government agencies such as district attorneys and police departments, but Warco’s solicitor, Timothy Uhrich, admitted charging those departments was a “novel approach” to recoup autopsy expenses. He added that the coroner’s office is under “no obligation” under the law to turn over autopsy reports to police or the district attorney.

“There is no mandate for us to provide anything,” Uhrich said.

Costanzo did not address that claim directly, but instead focused on the complaints about the fees in the district attorney’s motion and how it was more suited for civil court.

“The crux of this dispute is whether the coroner’s office can assess fees to the district attorney’s office,” Costanzo said while denying Walsh’s motion to compel. “I am not ruling on the merits. This is a civil case.”

She then suggested that Walsh and Warco find a way to work out their disagreements outside of the courtroom after bitter fighting between the row offices has led to a lack of cooperation and communication over the last two years.

“This court would like for nothing more than these two parties to find common ground,” Costanzo said. “I think the people of Washington County would also like nothing more.”

Walsh filed the motion to compel discovery Nov. 5 in multiple cases in which the district attorney said they have been unable to get cooperation from the coroner’s office for death investigation reports. The same day the motion was filed, police officers from Washington, Canonsburg and state police accompanied the district attorney’s detectives in executing a search warrant at the coroner’s office to seize copies of autopsy records in four deadly shootings and a fatal overdose.

Outside the courtroom after the hearing, Walsh said he was unsure what course of action he would take next, raising concerns that a lawsuit over the situation could be tied up in appeals for years. He did not say whether his office would continue filing search warrants of the coroner’s office to retrieve death investigation reports for every homicide case that crosses his desk.

“We’re going to do whatever we have to do to protect our criminal cases,” Walsh said. “What are we going to do for the homicide tomorrow? What are we going to do to ensure justice for the victims?”

Earlier in the hearing, Costanzo denied attempts by Peters Township’s solicitor John Smith to have the municipality intervene on the district attorney’s petition over concerns that the township police department is unable to obtain death investigation records from the coroner without incurring the fee. The township was arguing that it has not been able to get the autopsy report for the August death of a young child, who has not been publicly identified, as police are trying to investigate the case.

“You want to intervene in a criminal case?” Costanzo asked Smith.

“For the limited reason that this (situation) will impact us,” Smith responded.

Costanzo then asked if Smith knew of any case law allowing a municipality to intervene in a criminal matter – the petitions submitted by the district attorney’s office were related to several criminal homicide cases – but he acknowledged there was no legal precedent.

“Because none exists,” the judge said. “I’m happy with your candor with the court that you have no authority.”

While Smith said Peters Township and its police department could be affected by the situation between the district attorney and coroner, Costanzo was unmoved and denied the motion to intervene because the municipality has “no legal authority” to join the criminal cases.

“Seems like a civil matter to me,” Costanzo said. “This is clear cut.”

“We felt it necessary to at least bring our position to the court,” Smith said.