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Peters Township asks Supreme Court to resolve stalemate over autopsy records

By Mike Jones 4 min read
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Washington County District Attorney Jason Walsh speaks at a news conference in October 2022 while Coroner Timothy Warco listens behind him in this file photo. [Mike Jones]

Peters Township and Washington County officials are asking the state Supreme Court to force county Coroner Timothy Warco to turn over autopsy reports to law enforcement, claiming his refusal to do so is hindering death investigations.

John Smith, who serves as Peters Township’s solicitor, filed the “king’s bench” petition Thursday night hoping to fast-track a decision from the high court on the stalemate between Warco and police over the release of his death investigation findings.

“We remain hopeful that the Supreme Court will accept this case and provide finality to these issues in order to ensure that Washington County’s criminal justice system is no longer hindered by disputes and positions that serve to impact the district attorney’s and municipal police department’s ability to fully perform their mandated obligations to the citizens of the county,” Smith said in a written statement.

The disagreement stems from Warco’s assertion that he should have access to investigative records from police in order to help determine the cause and manner of a suspicious death. But police departments and county District Attorney Jason Walsh have successfully argued in previous court hearings that the coroner’s office is not a law enforcement agency, meaning it is not entitled to those criminal investigative files under state law.

In response, Warco has either refused to turn over autopsy and other reports to police departments and the district attorney, or has required a $700 payment for them. In November, detectives with the district attorney’s office executed search warrants at Warco’s office to retrieve investigative materials for five suspicious deaths that happened in the county.

In December, the township filed a lawsuit against the coroner in Washington County Court of Common Pleas, and the case is currently before Judge Michael Lucas. The king’s bench petition could fast-track the situation and get a resolution sooner rather than later.

“In the instant matter, the Washington County Coroner, has been at odds, and remains at odds with the Washington County District Attorney and municipal police departments over interpretation of the law and to what information the Coroner should have access to fulfill its statutory duties,” Smith wrote in his filing. “While Pennsylvania law recognizes and requires a good working relationship between those parties to ensure the proper and efficient administration of justice, ongoing disputes have and continue to disrupt and compromise the proper enforcement of law in Washington County with regard to homicide cases.”

Walsh and county solicitor Gary Sweat joined the petition in an effort to find a resolution to the ongoing situation. Walsh and Warco have been at odds for the past two years, and there has been little cooperation between the two row offices that typically work in synergy with one another.

“It’s obviously sad that law enforcement collectively in Washington County along with the county itself has to file such a pleading because the coroner’s office refuses to do their job,” Walsh said. “We’re trying to do anything and everything to seek justice and force the coroner’s office to do their job.”

Timothy Uhrich, who serves as the coroner’s solicitor, said he was served with the petition Thursday night, but he declined comment because he did have time to thoroughly review it.

Sweat briefed the county commissioners on the situation during their Wednesday morning agenda-setting meeting and said he hoped this would finally bring a resolution to the matter.

“We’re at a log jam about (the coroner’s office) charging for autopsy reports,” Sweat told the commissioners. “We need to get this resolved once and for all.”

It’s not known if or when the state Supreme Court might review the case and make a decision.

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