Ex-constables challenge conviction in appellate court

Pittsburgh Post-Gazette

Two former constables convicted of official oppression and simple assault stemming from a 2014 incident in which they were serving a warrant over an unpaid parking ticket have asked the Pennsylvania Superior Court to reverse their convictions.

An attorney for Christian Constantini and Michael Lowman argued before a three-judge panel Tuesday that the men were executing a lawful warrant when the incident occurred and that the courts should not second-guess that arrest.

The constables had gone to the Munhall home of Esther Peyton on Oct. 14, 2014, to serve a warrant for an unpaid $50 parking ticket. They said she was uncooperative and they handcuffed her hands behind her back, pushed her to the floor and dragged her out the front door.

She offered to pay the fine and costs, but they refused.

Both men were ultimately charged by the Allegheny County District Attorney’s office and convicted. They were sentenced to probation.

Throughout oral argument Tuesday, Lawrence Bolind Jr., the men’s attorney, referred to his clients as “police officers” or law enforcement, prompting a strong rebuke by Judge John T. Bender.

“These are not police officers,” the judge said. “These are constables. Why do you keep saying police officers? They’re there to collect a parking ticket and dragged her out by the leg.”

Mr. Bolind responded, “If a defendant is uncooperative, what do you do?”

“I would suggest you never drag someone by the foot out of the house,” the judge answered. “Where did they learn that? Constable school?”

Mr. Bolind questioned Ms. Peyton’s story, noting she had no injuries consistent with what she described.

But Judge Bender countered that the trial judge, Beth A. Lazzara, found the woman to be credible.

The panel questioned why, when Ms. Peyton’s daughter and cousin, the West Homestead police chief, offered to pay the ticket and fees, the constables refused to accept it.

“Tell me what their possible motivation was,” Judge Bender said. “Did they want to get the transportation fees?”

Mr. Bolind said there is no rule that the constables have to accept a check for payment.

“It’s a slippery slope to second-guess all arrests,” he said.