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Death investigation figures into Green Tree mayor's race
Wednesday, October 28, 2009

The Green Tree mayor's race likely will turn on the borough's handling of a dispute over the death in May of former state Supreme Court Chief Justice Ralph Cappy.

In the last two months, the borough has spent more than $14,000 to defend itself before the Civil Service Commission against a police officer's grievance over discipline he received following the Cappy case.

In addition, Green Tree has paid $6,000 of what will likely be a much larger bill to a separate law firm to determine who leaked a police report on the Cappy case to the Post-Gazette.

Mayor Vince Abbato, a Democrat, defended the decision to spend the money on the internal investigation. He takes a hands-off approach to managing the police department while challenger and former mayor Chuck Hammer, a Republican, believes the mayor should provide direct oversight of the department.

"What came out of the department shouldn't have," Mr. Abbato said. "I believe you have to keep the integrity of the department."

"Sometimes, it's the price of doing business. I don't know if you can let certain things go."

There have been no conclusions yet on how the report was leaked, and it is unclear how much money will be spent to find out.

Mr. Hammer, who previously served three terms as mayor, has taken the debate over the Cappy incident and ensuing fallout as an opportunity to blast Mr. Abbato.

This week, Mr. Hammer sent mailings to 2,150 households -- every registered voter in Green Tree -- telling them that the handling of Justice Cappy's death and subsequent punishment of the police officer who wrote the incident report has caused "a dark cloud," to form over the borough.

Other fliers have been mailed anonymously to borough residents over the past several months questioning Mr. Abbato's actions as mayor.

For his part, Mr. Abbato is critical of his opponent turning what's happening in the police department into political fodder.

"It's kind of a crime that it got to that," he said. "It shouldn't have gotten political."

On May 1, Justice Cappy was found dead at his Green Tree home by U.S. Magistrate Judge Lisa Pupo Lenihan.

After she called police, she refused to provide her name or any identification to police on the scene. Instead, according to a police report written by Patrolman Charles Kern, she was difficult and rude, calling him a "jerk," several times.

On May 4, Green Tree police Chief Andrew Lisiecki wrote an e-mail to all officers and administrative staff reminding them that he was the only person authorized to release information from the department.

Officer Kern responded with an e-mail that the chief classified as insubordinate, insolent and disrespectful.

As punishment, the chief recommended -- and borough council agreed -- to a two-day suspension, along with a psychological evaluation.

Officer Kern challenged the discipline and in August had a hearing before Green Tree's Civil Service Commission. There has not yet been a ruling on the case.

Meanwhile, attorney James G. Seaman sent letters last month to every police department employee, including the mayor and chief, advising them he had been engaged by the borough and would be interviewing them about the "unauthorized release," Officer Kern's report.

Mr. Hammer, who served as mayor from 1995 to 2006, criticized the handling of the situation with Officer Kern.

"I think an officer is getting penalized for doing his job," Mr. Hammer. "It's given Green Tree Borough a black eye. I think this whole thing has been mishandled by the management."

Mr. Hammer described himself as "very pro police." If elected, he said he would return to operating under Green Tree's home rule charter, which tasks the mayor with few day-to-day responsibilities other than running the police department.

But the current mayor defended his hands-off approach, saying that he has a capable police chief who should be in charge.

Paula Reed Ward can be reached at pward@post-gazette.com or 412-263-2620.
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First published on October 28, 2009 at 12:00 am
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