A legal analysis conducted by the Beaver County Clerk of Courts has concluded that District Attorney David Lozier was wrong in his assertions that a Beaver Police dash cam video depicting Officer Jeff Wijnen-Riems’ arrest of James Edward Cicco was improperly filed in her office.

District Attorney Lozier sent a letter to Common Pleas Judge Dale Fouse and Clerk of Courts Judy Enslen on March 29th, accusing defense attorney Gerald Benyo of misconduct for filing a copy of a dash cam video that captured the August 2016 arrest of James Cicco. Lozier alleged that Benyo had improperly filed the video with the Clerk of Courts in violation of rules of procedure for the purpose of creating a record that could be obtained by the public. Attorney Benyo insisted he filed the video as an exhibit because he referenced it extensively in motions before the court and wanted to properly maintain the record in the event he had to seek appeals on behalf of his client. Benyo said his filing was routine and in no way violated rules of court.

“My office is in charge of maintaining exhibits for the court, with just a few exceptions such as narcotics, firearms, and biological hazards,” Clerk of Courts Judy Enslen told the Beaver Countian. “This video is an exhibit of court that was properly filed with my office […] A legal analysis concluded the video is a judicial record.”

Enslen said her office stores exhibits in various locations based on different factors, including the size of the item, and that the Beaver Police dash cam video has been kept in a safe because it is contained on a small flash drive. She told the Beaver Countian that as the video was correctly filed with her office, she will be maintaining proper custody of the exhibit.

The Pennsylvania State Supreme Court has held that the public has a presumptive right of access to judicial records, including court exhibits (See: Commonwealth v. Upshur; Appeal of: WPXI, Inc.). Enslen told the Beaver Countian that because District Attorney Lozier has raised objection to the video’s release in his letter, as informal as that objection may have been, the court would likely use its discretion to allow him an opportunity to argue the matter before it would provide a copy of the exhibit to the public.

The State Supreme Court has determined that a judge can withhold release of a court exhibit to the public if one of the parties to the case files a motion to seal and can show an overriding interest that outweighs the public’s presumptive right of access. District Attorney Lozier insists the court should not release the video solely by asserting that it could taint a potential jury pool in the case, an argument that has been explicitly rejected in other cases that have appeared before the Supreme Court. Examples of exhibits where courts have determined overriding interests outweighed public disclosures include exhibits consisting of autopsy photographs or personal information of victims such as social security numbers.

The Beaver Countian has been consulting with attorneys on how best to proceed on behalf of the public, which could include seeking the video through a “motion to intervene” in District Attorney Lozier’s case against James Cicco, or separately seeking the video and potential financial civil penalties against the District Attorney under Pennsylvania’s Right-to-Know Law. The Beaver Countian has also been exploring possible legal options available in the federal court system that could see issues of access addressed in more systemic ways.

District Attorney Lozier has been resisting the public release of the dash cam video for months as two separate judges in Beaver County have together responded to pretrial hearings in the case by dismissing the dozens of felony charges filed against James Cicco.

Beaver Patrolman Jeffery Wijnen-riems had alleged that Cicco resisted arrest, assaulted him, grabbed a hand drill, and taunted his K-9 partner during an encounter on August 19th. Eyewitnesses alleged the officer was aggressive and used unnecessary force against a man who they say was clearly trying to surrender. Cicco suffered gruesome injuries during the arrest as a result of Wijnen-riems deploying his police K-9 on the man — police dash cam video of the incident played in court appears to show the dog mauling Cicco while he is handcuffed. An investigation into the incident by the Pennsylvania State Police found no criminal wrongdoing on the part of the officer. Beaver County Judge Dale Fouse subsequently ruled there was no evidence to sustain charges that Cicco had resisted arrest or taunted a police dog.

47 COMMENTS

  1. maybe before Lozier accuses people of misconduct he should learn what the fuck he’s talking about

    RELEASE THE DAMN VIDEO YOU STUPID ASS!

     
  2. Your move now Stonewall. What other legal bullshit you going to pull out of your ambulance chasing ass. I bet I could beat him in court without a law degree. He doesn’t know shit from shinola. Hot his degree from the crackerjack box like JImmy C is.

     
  3. This defendant’s civil right have been shredded by Beaver County judges, the DA and the Police. This garbage needs to end. They are all protecting a cop with a long and questionable record. If this video hits the internet along with the 911 call of Officer Shit Stain and the dispatcher joking about the injuries, it’s potentially a scandal that makes national news. The powers that be all know this. One more black eye for Beaver County.

     
      • Did Officer Piggyboy Wijnen-Rimjob proceed carefully, by the book? Does DA Dumbid Lozier proceed carefully, by the book?

        Carefully? Yep, to protect their thieving, incompetent asses.

        By the book? Only when it suits them & their scumbag buddies.

         
  4. Thankyou Ms. Enslen for taking the time to doublecheck things were done right.
    But I’m sorry our idiot district attorney made you do all the extra work.
    Gerald Benyo should sue David Lozier for slandering him in a letter.

     
  5. While much is written about you-know-who, I think that we get a fairly broad picture that ineptness if pervasive in some of the key positions within county government. And I don’t know whether you have noticed but party affiliation has no bearing on knowledge or performance. Mistakes and errors in judgment occur and some of it is attributable to “we always did it this way,” some of it is knee-jerk, some of it is lack of experience and some of it is just CYA. So how about if all of you concerned citizens who post on this site learn the PA County Code and really make a difference by being better informed and better voters? Maybe if this is practiced more often, the next election will see a better slate of candidates and better representation. I sure hope so but then there is a down side…what will JP have to write about?

     
    • “So how about if all of you concerned citizens who post on this site learn the PA County Code and really make a difference by being better informed and better voters? ”

      Duh, because that would take a bit more effort than writing self-serving Internet comments.

       
  6. Lozier wrong??? That is an understatement. That guy was born wrong. Even a broken clock is right twice a day.

     
  7. In my opinion, it all is beginning to look like it is tied into the drug trafficking problem and the law enforcement community protecting their Golden Boy drug dealer shakedown star. Drugs locally are big business and big trouble and a lot is at stake to stop them, even if the law and human rights be damned.

    Or, it could be that they all owe W-R money for tennis lessons in high school.

     
  8. There is No Doubt in My Mind what this Video contains. Regardless of whether or not the public is allowed access to view it, I feel Wijnen-Riems should Not be on Active Police duty. He is a “Loose Cannon.” I don’t care if it’s a “Paid” Administration Leave. At the Very Least, He needs an evaluation by a non-biased Psychologist. As I commented before, in my opinion, it is only a matter of time until his Rage and Sadistic Behavior erupts Again and he Kills someone. We had a family member experience this side of the “so-called” police officer. Was he intoxicated? Yes. Was he running his MOUTH? Yes. Was he Wrong? YES. Did he deserve punishment for his actions? YES. Was he Handcuffed? YES. Did running his mouth warrant being severely BEATEN by this “so called” officer??? Wijnen-Riems, If you’re reading this, I hope that you will FINALLY get the ATTENTION you crave. I would love to replay our “stare-down,” but maybe this time it will be YOU who has to “PAY” for IMPAIRED behavior! Do you Remember SARCASTICALLY telling me my son needs help? Well first off I want you to know, He is Not my son. Secondly, YOU also NEED HELP!! Welcome to the Karma Cafe. There are No Menus. You Will Get Served What You DESERVE!

     
    • Well, Grateful Gal, I hope he gets the Psych. Eval. really soon, because he starts his dog and pony show in the Beaver Area School District Elementary Schools, today, as second banana to Resource Officer Ken Stahl, showing the kids what a fine, safe, police officer he is and how the policeman and his loyal dog are the children’s friends. That’s right, Psycho Cop and his uncontrolled dog are the go-to guys for children who need help from the bad guys who scare them. This is all brought to you by the collective wisdom of the Beaver Area School Board, who apparently have their collective heads up their collective asses too much to read the news and know what’s happening in their own damn town.

       
      • Unbelievable Raven… Considering this “so called” officers history, I would not want him anywhere near my child. He is definitely not someone I feel represents any desirable Qualities of an Honorable Police Officer or for that matter, a decent human being! I also must say, I think the “Dog” was Only Obeying/Following Wijnen-Riems’ Verbal Orders. HE IS THE ONE WHO IS UNCONTROLLED!!

         
      • Raven- Grateful Gal, I agree, An “Officer” by definition whether it be U.S Government , U.S Military or in the private sector such as police, shall show respect, thus given respect, that person shall have Morals, Integrity ,self discipline an above all, Honor the Oath that person swore to uphold.
        That person shall stand tall as an Oak, an their foundation shall not be MOVED !!
        Until such time I WILL NEVER call a Patrolman-Patrol Women an “Officer ” until such time that person proves themselves to me .

         
    • 50 felony charges oops it was a clerical error we wernt really serious. Keep a close eye on that video don’t want anything mysterious happening to it.

       
  9. Ugh Mungo read something about potential financial civil penalty?!? So once again Mungo would gladly accept any reimbursement from punitive damages that he has suffered. i.e seeing the same pics of Connie the Con, trying to figure out if lil Tony Guy is really a junior high kid from certain picture angles, If George David really eats peoples fingers. If John Joe is one inch taller or shorter than Guy? If this inept DA is just acting? Or is he really operating on a 72 IQ? So the fact that Mungo has to ponder such painful questions probably entitles him to some sort of financial recompense!

     
  10. Sooooo……Loser Lozier is a moron. What else is new today?!
    Connie the Con goes about her business as usual.
    John-Joe goes about his business as usual.
    Jeffery Wijnen-riems goes about his business as usual.
    Tony Guy goes about his business as usual.
    The people of Beaver County keep getting fucked in the ass as usual.
    Yep, all is well in the Beaver County Shit House.

     
    • Ditto on your comment.
      And yet there are people still saying-HE’S JUST A BLOGGER!
      These are the same people who still thinks that the BCT’s is still a real news source.
      Go figure.

       
    • I Agree… Thank You J.P. and Please Be Careful ~ Watch your Back! Since As of Yet, He hasn’t Faced any Real Consequences, I’m sure he’s not too happy with you Trying to EXPOSE His TRUE Actions… ANGER — HOSTILITY — VIOLENT BEHAVIOR — In My Opinion, He Thinks He Can Do What He Wants! He is “ABOVE” the Law…

       
  11. So the Voters voted a man that was not qualified to hold the office of District Attorney. This man never tried a criminal case. He made a living off of gas drilling and ambulance chasing. Fast forward to now. He is supporting an officer that is clearly out of control. He doesn’t even keep his word from his campaigning. He said he would NEVER slow a drug case to be bargained down. That’s a lie. Do the research and you will find that just last week he bargained a drug case down from 5 charges to 1 and the dealer gets out in 6 months instead of 3 years. Maybe we should protest his actions. Maybe the states Attorney Generals office should investigate why he is protecting a police officer and department that is covering up a police officers criminal activity. Where is the ACLU in this case. Don’t they investigate human rights violation. And this clearly is a violation of human rights.

     
  12. YA BEAVER POLICE LETS USE LITTLE CHILDREN FOR PROPAGANDA TO HELP PROTECT OFFICER BEATS THE SHIT OUT OF PEOPLE AND HIS TRUSTY DOG CUJO!!!

    MADGAR IS NO GOOD!

    SHAME ON BEAVER ANIMAL CLINIC AND DR. MARTONE FOR SPONSORING THIS!!!!!!!!!

    SHAME ON BEAVER TEACHERS FOR DOING THIS!

    RELEASE THE VIDEO LOZIER!!!!!!!!!!!!!

    LET PARENTS SEE!!!

    THANK YOU RAVEN FOR POSTING PEOPLE NEED TO CALL THE SCHOOL!!!

     
    • I listened to that phone call again. The only thing I can say is Robocop and the dispatcher are two sick fuck individuals. I would love to see how a Federal Judge reacts when he hears this recording.

       
      • Yes, and if Psych Cop gets into the elementary schools, he and his poorly controlled dog would be within an arm’s length of small children. If he or the dog is having a bad day, that would be a danger of epic proportions. It is now up close and personal with innocent children.

         

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