Pittsburgh Post-Gazette

CPRB asks judge to enforce subpoenas of 3 officers

- Pittsburgh Post-Gazette

The Citizen Police Review Board on Monday asked a judge to force three Pittsburgh police officers to honor its subpoenas to testify about an incident involving a suicidal woman who was taken to jail instead of a hospital.

But a lawyer for the police said the board is an agency of the city, not an independen­t body, and has no lawful subpoena power.

Allegheny County Common Pleas Judge John McVay Jr. listened to argument but did not indicate when he would rule.

The board filed a petition last month to force officers Matthew Gardner, Nicholas Papa and Christophe­r Rosato to comply with subpoenas to answer questions about a March 2015 incident in which a complainan­t said the officers took a suicidal woman to the county jail, where she was held on charges of threatenin­g the officers, instead of a psychiatri­c hospital for treatment.

The board issued subpoenas for them to appear at a Jan. 26 hearing. One officer refused to appear and two others showed up but would not testify.

Attorney Christophe­r Cimballa, representi­ng the officers, said that according to the collective bargaining agreement that police have with the city, officers cannot be compelled to testify before the CPRB.

The board argues that previous judges have indicated that the CPRB has the authority to subpoena officers to appear at public hearings.

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