City man, family sue county, DA
A Washington man and his parents are suing Washington County, the district attorney’s office, Assistant District Attorney Michael Fagella, Judge John DiSalle and attorney Peter Marcoline III, claiming they violated the man’s civil rights.
Cameron Reihner and his parents, Jennifer and Bill Reihner of Erie, filed the lawsuit June 5 as paupers in U.S. District Court in Pittsburgh. The family claims Cameron Reihner was denied his civil rights during his January 2014 jury trial because of the actions of the defendants in the lawsuit.
The saga began with a late-night meal June 23, 2012, at Denny’s restaurant on West Chestnut Street in Washington, and an argument among groups of people who did not know each other.
After the argument with brothers Jonathan and Steve Irizarry, Cameron Reihner and his friends were escorted from the restaurant. They then banged on a restaurant window and motioned for the Irizarrys to step outside. Later, Cameron Reihner and his friends followed the Irizarrys to their home in Houston.
According to court testimony and documents, Steve Irizarry went after the car that followed them home and stopped in the parking lot of a West Pike Street business. Jonathan Irizarry said he joined his brother in the parking lot and was approached by Reihner, who was carrying an aluminum bat, and beaten. He said he suffered the loss of peripheral vision in his left eye, a broken nose, other facial fractures and a broken ankle, on which he wears a brace.
After a two-day jury trial, Cameron Reihner was found guilty on two counts each of aggravated assault, simple assault, disorderly conduct and harassment and one count each of reckless endangerment and possessing an instrument of crime. He was sentenced 8 3/4 to 17 1/2 years in a state prison and ordered to pay the victim $17,103 toward medical bills.
Reihner’s co-defendant, Troy L. Wilson, 23, pleaded guilty last year before DiSalle to one felony count of aggravated assault and was sentenced to 2 to 4 years in prison. DiSalle also ordered Wilson to pay $12,000 in restitution to the brothers, attend drug and alcohol counseling and undergo anger-management counseling. Wilson also was ordered not to have contact with the victims and their family.
Fagella represented the district attorney’s office, and Marcoline represented Cameron Reihner throughout the trial. The family retained attorney Michael DeRiso shortly after Cameron Reihner was found guilty.
Shortly before Reihner was sentenced, it was determined that he was tried in county court on charges that a district judge had dismissed. On Oct. 17, 2012, District Judge David Mark tossed the charges relating to a confrontation alleged between Steven Irizarry and Cameron Reihner because of a lack of evidence.
DeRiso attempted to secure a new trial for Cameron Reihner because of the error, but DiSalle rejected the request. DeRiso has filed an appeal of that ruling.
The civil lawsuit alleges that Marcoline and Fagella negotiated on which charges to withdraw and which to bring to trial. The family claims the negotiating was done without Cameron Reihner’s knowledge or permission.
The family alleges that Marcoline, DiSalle and Fagella violated Cameron Riehner’s 14th Amendment right to a fair trial. They also allege that DiSalle acted outside the scope of his duties as judge and helped the prosecution win the case.
Washington County Solicitor J. Lynn DeHaven said he is aware of the suit. DeHaven said the county and district attorney’s office should be represented by the county’s insurance carrier. DiSalle is being represented by the Administrative Office of Pennsylvania Courts. Marcoline did not return calls for comment.
The Reihners are seeking a jury trial and damages in excess of $1 million.