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Uncivil court prosecutor to
apologize for dustup at hearing


By Jonathan D. Silver
Pittsburgh Post-Gazette


Tuesday, May 17, 2005

An internal inquiry by the Allegheny County district attorney's office has determined that a deputy DA violated the courtroom code of civility during a May 6 argument with a public defender.

Deputy District Attorney Mark Tranquilli plans to write a letter of apology to District Judge Rob Wyda, who was on the bench when Tranquilli and Assistant Public Defender James Sheets launched into an angry back-and-forth during a preliminary hearing for a homicide suspect.

Tranquilli and Sheets were arguing before Wyda about whether the suspect should be granted bond when Tranquilli asked the defense attorney if he needed time to "sober up."

Sheets shot back with profanities and told Tranquilli he would beat him up, all while family and friends of the homicide victim and suspect watched.

"We have concluded that although [Tranquilli] may not have violated any rules of disciplinary conduct, he violated the rules of civility," District Attorney Stephen A. Zappala Jr. said yesterday.

Zappala said it was Tranquilli's idea to send Wyda a written apology.

"As far as I'm concerned, at that point our process has concluded," Zappala said.

Zappala had no comment on Sheets' conduct, and neither did Sheets' boss, Chief Public Defender Michael Machen.

"We're looking into this matter, so it's a personnel issue, so basically I can't make any comment on it," Machen said. "I ascribe to the code of civility. That's all I can really say."

The state Supreme Court adopted a code of civility in 2000 that sets down guidelines for attorneys' courtroom conduct. . .





Court Battle Gets Personal

By Jonathan D. Silver
Pittsburgh Post-Gazette

May 07, 2005

Judge tells deputy to separate lawyers


Courtrooms are normally reserved places where quiet and decorum rule. Yesterday, the Pittsburgh Municipal Courts Building had the ambience of a pro wrestling arena when a sheriff's deputy had to intervene between two trash-talking attorneys who nearly came to blows.

In a brief but testy exchange that included profanity, threats of physical violence and intimations of drunkenness, Deputy District Attorney Mark Tranquilli and Assistant Public Defender James Sheets stood toe to toe, face to angry face.

Their argument played out in front of about 10 relatives and friends of homicide victim Jason Dixon and suspect Florray Arnett before District Judge Rob Wyda asked a deputy to step in.

"They're two good attorneys who let things get out of hand," Wyda said after the hearing. "They were both out of line."

District Attorney Stephen A. Zappala Jr. has asked his chief of detectives to open an internal inquiry to determine whether Tranquilli acted professionally. Zappala said that is the protocol when questions arise about an employee's conduct.

"They're standing in my shoes, and I expect them to conduct themselves at the highest professional levels, so it is important," Zappala said, referring to his prosecutors. "There are standing orders -- nobody expresses disrespect to the bench or you don't go in the courtrooms."

Zappala said Tranquilli, who runs the prosecution's homicide unit, contacted his supervisor after the blow-up, saying, "We had an incident."

Chief Public Defender Michael Machen could not be reached for comment.

The dispute began at the end of the hearing after Wyda ordered Arnett held for trial on one count of homicide.

Sheets appealed to Wyda to set bond, considering the circumstances of the fatal shooting of Dixon, 19, on the North Side on April 20, during a domestic dispute.

Sheets said both families believe Arnett shot Dixon by accident and do not want her to do jail time.

"There are children involved. The children need their mother. I've lost a son, but the children still need their mother," Dixon's father, Edward Dixon, 52, of the North Side, said after the hearing.

Tranquilli objected to bond being set. As both sides pleaded their case, Sheets suddenly made an exaggerated gesture before the bench, looking at Tranquilli as he leaned back on one leg and extended his hands, palms up.

"Do you need a minute, Mr. Sheets, to sober up?" Tranquilli asked in response. "Is that what you need?"

"[Expletive] you. [Expletive] you," Sheets shot back.

"Gentlemen, gentlemen," Wyda intoned. "Listen, this is a court of law. You both know each other. Let's not go there. That's enough. My goodness sakes."

With Sheets and Tranquilli staring each other down, Sheets said, "I'm going to knock you the [expletive] out."

"You think so?" Tranquilli asked.

"Deputy," Wyda said, "separate these gentlemen."

The deputy stepped between them. Wyda then denied the request for bond and the hearing was peacefully adjourned. . . 





Monty Clay Settlement

By Milan Simonich
Post-Gazette Staff Writer

February 13, 2004


Three eastern suburbs disclosed yesterday that they paid boxer Ramont "Monty" Clay a total of $27,000 to settle a police brutality lawsuit.

Braddock and Rankin each paid Clay $10,000. Swissvale settled the case for $7,000.

All three towns sealed the settlement and insisted that Clay and his lawyer sign a contract barring them from discussing it.

But the suburban governments changed their position and revealed the terms at the request of the Pittsburgh Post-Gazette. The newspaper's editors argued that payments to settle a municipal lawsuit are public record under state law.

Edgewood, which also was sued in the case, disclosed earlier this week that it paid Clay $5,000 for dropping the lawsuit.

Clay's lawyer, Shawn Flaherty, said yesterday he may ask the U.S. Justice Department to review police conduct in the case.

"In my heart of hearts, I think the actions the police took have got to be investigated by somebody other than the police themselves," he said.

Three days after Clay filed his lawsuit alleging brutality, police from Edgewood, Swissvale and McKeesport began an undercover investigation of him. They eventually charged Clay with selling cocaine to undercover officers.

Rankin Mayor Demont Coleman said he needed a couple of days to familiarize himself with the case and did not know why the settlement had been sealed. "We have nothing to hide, so I can't understand it," he said.

But in reports filed on the drug investigation, police said Clay twice delivered cocaine to undercover officers while driving his jitney.

Clay was not arrested either time.
McKeesport Detective Joe Osinski wrote in a report that Clay also agreed to deliver heroin to an undercover buyer. But police dropped the heroin investigation after Clay told them he could not personally deliver the drug.

For his part, Clay says he never took or sold illegal drugs. He maintains that police called his jitney service for rides and planted informants in the car in the hope of entrapping him.





Monty Clay drops brutality suit
against police in 4 suburbs


By Milan Simonich
Post-Gazette Staff Writer

February 05, 2004

Settlement terms are not disclosed;
Clay says he's focusing on next fight



Four eastern suburbs have paid Golden Gloves boxing champion Monty Clay a secret financial settlement to drop his lawsuit alleging police brutality.

The towns -- Braddock, Edgewood, Rankin and Swissvale -- demanded confidentiality clauses to prevent any terms from being revealed. Arguing that municipal governments are not permitted under state law to keep financial settlements secret, the Post-Gazette yesterday asked for the specific terms.

Clay received about $50,000 to drop the case, though no borough executive or elected official would be precise about the amount. Some said they knew nothing about the settlement or any payment.

Shawn Flaherty, the lawyer who represented Clay, said the agreement was reached within the past two months, but the terms were sealed on demand of lawyers for the suburban governments.

Clay, who turns 23 this month, claimed in the federal lawsuit that he was assaulted by officers from the four boroughs the night of Jan. 19, 2002.

By Clay's account, the attack was unprovoked. He was outside Jay's Auto Detailing Shop in Rankin, about to begin his 11 p.m. shift as a jitney driver. Then, Clay said, 15 to 20 police officers from the four boroughs swarmed the street in response to a report that shots had been fired at the nearby Palisades Plaza housing development.

A handful of officers began questioning Clay. He told them he had not been at Palisades Plaza that evening. Clay said four or five of the officers responded violently.

Though a trained fighter, the 5-foot-2, 130-pound Clay said he never lifted a hand against police. But the officers, he said, handcuffed him, pinned him against a car, called him a racial slur, hit him in the head, shoved snow in his face and grabbed his ponytail with so much force that his neck was injured.

He said the attack left him in so much pain that he was not able compete in the Olympic trials.

No officer arrested Clay that night. Police from the four departments later declined to furnish any reports about the confrontation or discuss what Clay had done.

Only Rankin, where Clay's uncle, William Price III, is council president, acknowledged that some sort of trouble had occurred between police and Clay.

Clay sued the four suburbs on April 24, 2002. Three days later, police from Edgewood and Swissvale launched an undercover cocaine investigation aimed at Clay.



McKeesport detective Joe Osinski, who worked with Edgewood and Swissvale officers, signed investigation reports that said Clay twice sold him cocaine.

Clay was not arrested either time. Police wrote in one report that Clay had agreed to deliver heroin to an undercover buyer. Police said the heroin sale was dropped after Clay said he could not make the delivery personally.

None of the police departments involved would comment. Clay is scheduled to go on trial May 3 in Common Pleas Court. If convicted, he could go to prison for one to three years.

"I don't sell drugs or take drugs. The police tried to set me up because I was suing them," Clay said yesterday.

Robert DelGreco, who took over as Clay's lawyer during the past two weeks, said he was still becoming familiar with the case. But, he said, he believes the case against Clay is based on an unidentified informant with numerous legal problems of his own.

Clay discharged Flaherty from the criminal case in favor of DelGreco, who has represented other sports figures, including Steelers running back Jerome Bettis.

Flaherty said he struggled for a year to force police to turn over tapes of Clay or any other evidence they had. After denying that such evidence of a drug sting existed, police eventually supplied Flaherty with a copy of a videotape.

"It shows Monty pulling into a BP [gas station] and an undercover officer talking to him. There is nothing incriminating," Flaherty said.

Clay said he was taped after police had an informant call him for a ride in Clay's jitney.

Clay had numerous run-ins with police from eastern boroughs after he was charged in the cocaine case. He lost his driver's license after being stopped for speeding. Clay admitted yesterday that he did not pay the fine, saying he was broke at the time.

A two-time state Golden Gloves champion, Clay has since turned pro and started making some money. He is 7-0, with four knockouts, fighting as a lightweight.

He trains in Ambridge now but will not disclose where he is living. He said he fears police.

"I took this settlement to get 'em off my back," Clay said. "It was for peace of mind, so I could start another chapter in my life. But it seems this is a never-ending story, like the twilight zone, because of the criminal case. I have to put it in God's hands."

Some borough officials said they knew nothing about the settlement.

"I don't have the papers or I'd tell you," said Rankin Borough Secretary Patricia DiNinno. "You'll have to call our solicitor."

Flaherty said the confidentiality agreement was insisted upon by lawyers for the four suburbs. Clay said he prefers to focus on his next fight, Feb. 25 in West Virginia.

"I never reflect on my life at 21 or 22," Clay said. "Those are supposed to be best years of your life. For me, they're too painful to think about."






Boxer who sued four boroughs
fights drug charges, injuries


By Milan Simonich
Post-Gazette Staff Writer

December 30, 2002



Two-time state Golden Gloves boxing champion Ramont "Monty" Clay is either a drug dealer or a victim of corrupt cops.

Clay says his life has been hell on earth since he sued four East End boroughs on April 24. He claims their police officers assaulted him for no reason in January, injuring his back, neck and arms, and wrecking his chance of competing in the Olympic trials.

Three days after Clay filed his lawsuit, officers from two of those same boroughs say he sold $100 of crack to a detective posing as a buyer.

Police say they arranged another drug deal with Clay four days later. That time, they say, he sold the undercover officer more crack, and promised he would supply heroin when they met again.

Now Clay, 21, stands accused of two felonies. He is scheduled to go on trial April 28.

He plans a high-risk defense -- namely that police sworn to uphold the law are lying about him to cripple his civil lawsuit.

"How did I become the target of undercover drug officers?" Clay says. "I'm a marked man because I sued the police."

Clay says police used drug dealers to purchase rides in the jitney he drove. When Clay went to pick up his fares, he says, police fabricated stories of his being involved in crack dealing.

Ramont Clay


Police from the four departments Clay is suing -- Braddock, Edgewood, Rankin and Swissvale -- will not talk about the drug case.

"I don't know anything about it, but I couldn't comment anyway because of his lawsuit," said Edgewood Police Chief Paul Wood.



Investigation reports signed by Detective Joe Osinski of the McKeesport police outline the criminal case against Clay.

Osinski, working undercover with Edgewood and Swissvale officers, says Clay twice sold him crack. Osinski gave this account of what happened:

Clay, driving a burgundy Cadillac, brought the drugs to a BP gas and convenience store in Swissvale. The first time Clay arrived alone. Osinski and a police informant who knew Clay from his jitney service got in the Cadillac. Clay handed them crack packaged in a baggie. Osinski paid Clay with a $100 bill.

In the second deal, Clay and a passenger -- police claim they do not know who he was -- drove to the gas station. The other man had crack in three baggies. He handed the drugs to Clay, who in turn passed them to Osinski. Clay pocketed the $200 payment.

Police let Clay go free after both transactions. Osinski planned to arrest him at their third meeting, which was scheduled for May 8. Osinski says Clay was supposed to supply him with $130 worth of heroin and another $200 in crack during that deal.

But police called off the sale when Clay could not make the delivery. Osinski says Clay offered to have his cousin supply the heroin, but the undercover officer declined.

Shawn Flaherty, Clay's lawyer, says Osinski's decision to cancel the meeting shows that police had no interest in stopping drug dealers. Their aim, he says, was to ensnare Clay in a heroin case -- a meatier charge than the crack allegation they had manufactured.

"Monty absolutely, positively was set up by the police," Flaherty said.

Clay has no record of drug offenses, and says he never possessed or sold any illegal drugs.

He says he only drove to the convenience store the first time because police and the informant, posing as jitney customers, called him for a ride. Once Clay got there, they canceled the trip. Clay says no drugs changed hands because he had none to deliver.

On the second trip, he says, the same customers asked him to pick up a passenger in Rankin, then drive him to the store. When they arrived, Clay says, the passenger appeared to sell something to the man he now knows to be Detective Osinski. Clay says he never handled any drugs involved in the exchange.

Osinski did not respond to requests for an interview.

"We'll let the courts decide Mr. Clay's involvement in any drug case," said one of Osinski's supervisors, Mark Holtzman, McKeesport's deputy police chief.

Clay says he fears police. He claims officers from East End departments have harassed him since he sued, tailing and stopping him on roadways and in stores.

He enlisted in the Army to escape them, only to see his induction canceled when police notified recruiters that felony drug charges were being brought against him.

Clay says he also lost jobs at two retail stores. The drug charges turned up in background checks, he says, so he was let go after a couple days.

"I thought I was supposed to be innocent until proven guilty. But I can't get a decent job," says Clay, who is certified as an auto mechanic.



To help pay his bills, he turned professional boxer in October.

A 5-foot-2, 130-pound junior lightweight, he won his first two fights with technical knockouts in the first round.

By day he trains for his next fight, which he hopes will be in January. At night he washes dishes at the Original Fish Market restaurant in Downtown Pittsburgh.

Though Clay stays busy and is in fighting trim, his life seems in disarray. He recently postponed an interview in which a Post-Gazette photographer was to take his picture. "My girl scratched up my face," he said. "She went crazy on me."

He made the same charge against police, saying officers from the four departments battered his body and hurled a racial slur at him the night of Jan. 19.

The episode occurred outside Jay's Auto Detailing Shop in Rankin, where Clay was about to begin his 11 p.m. shift as a jitney driver.

Police had received a report of shots being fired at the nearby Palisades Plaza housing development. Clay said police followed three black men to the shop. He refused to give the men a ride, then walked outside.

There, a crush of police from the four boroughs confronted Clay. After he denied being at Palisades Plaza that evening, he says, they attacked him.

Clay claims officers handcuffed him, pinned him against his car, banged his head against the vehicle, shoved snow and ice in his face, cussed at him and called him a racial slur. One officer, he says, grabbed him by his ponytail and snapped his neck.

When Clay boxes, every missed punch causes pain in his elbows. He attributes this to the police assault.

He says his boxing career has been set back because many promoters consider him damaged goods. But he fights on, for money and a sense of purpose.

As a boy, Clay competed in boxing matches run by the Police Athletic League. Back then, he never believed that police would hurt him or lie about him.

"I know better now. I had to actually move out of the town I was living in because of the police."

Clay was listed as a resident of Wilkinsburg when he filed his lawsuit.

Flaherty says that, if Clay is convicted in the cocaine case, he will find it impossible to win his civil suit alleging police brutality.

Clay has a bigger worry. A conviction could send him to prison for one to three years.







FBI Expands Probe To Include More Local Cases
ill Shooting, Mt. Oliver Arrest Added To Federal Review


January 20, 2003



The FBI will add police-related deaths of black men in Pittsburgh and Mount Oliver to an ongoing civil rights investigation of the fatal shooting of an African-American Fayette County child.

Pittsburgh City Councilman Sala Udin said the FBI, which was already reviewing the Christmas Eve death of 12-year-old Michael Ellerbe, has now agreed to look at the Dec. 23 death of Charles Dixon and the Nov. 15 shooting of Bernard Rogers.

Ellerbe was shot in the back while allegedly running from a stolen car during a state police chase in Uniontown. His family's lawyer said a white officer shot the child after the officer's black partner fell and accidentally discharged his weapon.

Dixon, 43, of Altoona, lost consciousness while under arrest at a birthday party at the Mount Oliver fire hall, and died two days later in Mercy Hospital. Borough police said Dixon was drunk at the time of arrest, but his brother has accused the officers of acting with brutality.

Rogers, 26, was shot by Housing Authority officers who were going door-to-door during a drug investigation at Bedford Dwellings in the Hill District. He died of a single shot in the upper chest.

Udin said the FBI was asked to review the three incidents because they would likely be more objective than local authorities.