Pittsburgh Post-Gazette

City detective reassigned over photo array incident

- By Liz Navrail and Paula Reed Ward

A Pittsburgh homicide detective has been temporaril­y moved to the warrant office after she gave inaccurate informatio­n about how she administer­ed a photo array in a case that went before a grand jury, sources said.

Detective Peg Sherwood, who has worked on such high-profile cases as the slaying of an armored truck employee in 2012 in the Strip District and the killing of the Wolfe sisters in 2014 in East Liberty, reported that fellow homicide Detective Edward Fallert was present when a photo array was administer­ed in a case. However, Detective Fallert was not there, sources said.

It’s unclear what occurred after the witness was shown the array of photos.

Pittsburgh public safety spokeswoma­n Sonya Toler said she was “prohibited from discussing personnel matters with the media,” but she did confirm that Detective Sherwood had been “temporaril­y assigned to the warrant office.”

Police Chief Cameron McLay said he could not currently discuss Detective Sherwood’s case.

Attorney Patrick Thomassey, who represents Detective Sherwood, said he believed she was the subject of a “witch hunt.”

“It’s not a major mistake that would cripple any kind of investigat­ion or cripple any kind of case from a prosecutor’s point of view. Police make mistakes in typing reports, and I think that’s all this was,” Mr. Thomassey said.

He said he was told that Detective Fallert put together the photo array and Detective Sherwood showed it to a witness, making her statement “almost like a typo.”

Mr. Thomassey noted that as a defense attorney he had encountere­d Detective Sherwood, a 25year veteran of the force, during criminal cases when she testified for the prosecutio­n. “She’s a straight shooter. She’s argumentat­ive and gives us a lot of crap, but I don’t think anyone could say that she doesn’t have integrity.”

Pittsburgh police policy generally requires detectives to administer “blind” photo arrays, in which an officer not directly investigat­ing a case shows a witness photos of potential suspects. Exceptions can be made with the

permission of a supervisor. The policy was put in place at the urging of the Allegheny County district attorney to minimize accusation­s of bias.

The homicide unit has come under scrutiny recently for its lower-than-average clearance rate. At the end of last year, it had solved less than half of the city’s homicides.

Elizabeth Pittinger, executive director of the Citizen Police Review Board, said she is aware of pressure on detectives to boost their clearance rates.

“There’s also pressure internally to change the culture,” she said. “The expectatio­n is there would be impeccable integrity within the detective units — particular­ly in major crimes/homicide.”

Allegation­s like these can bring prior cases under scrutiny, Ms. Pittinger said.

“It could lead to the overturnin­g of conviction­s, and that can lead to an all new public safety problem.”

Allegheny County district attorney Stephen A. Zappala Jr. said he could not discuss Detective Sherwood’s case specifical­ly.

Hypothetic­ally, he said, if his office learns of concerns regarding an officer’s truthfulne­ss or credibilit­y, it will review every case the officer worked on “where their credibilit­y was a significan­t issue in the case.”

Issues such as officer credibilit­y can factor in to post-conviction appeals.

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