An Allegheny County public defender was arrested Monday on charges that he gave inaccurate information to a judge's staff about whether his client had appeared for trial in a sex assault case.
Andrew Capone, 29, of Highland Park, was arraigned Monday night on charges of hindering apprehension and obstructing the administration of law. Court records show Mr. Capone, who could not immediately be reached, was released on nonmonetary bond.
Mr. Capone represented Jeffrey Derosky, 44, of Imperial, who was charged by Allegheny County police with sexually assaulting a child and other crimes. Mr. Derosky was scheduled to go to trial Jan. 12. Four days later, he was found dead of a self-inflicted gunshot wound in West Virginia.
A detective with the county sheriff's office wrote in a criminal complaint that Mr. Capone told a staff member for Judge Donna Jo McDaniel that Mr. Derosky "had not appeared at court." The judge's tipstaff told investigators Mr. Capone asked several times that day whether his client had checked in and stated that "the last time he saw his client was when they met on the Friday before the trial," the detective wrote.
While searching for Mr. Derosky, the sheriff's office contacted his girlfriend, Karen Blystone, 57, of Findlay, with whom Mr. Derosky lived.
Ms. Blystone told a detective she and Mr. Derosky went to the courthouse the morning of his trial and met with Mr. Capone, who told them the Allegheny County district attorney's office was offering him a plea deal that would require him to serve five to 10 years in prison.
"Karen Blystone stated that Jeffrey Derosky informed Andrew Capone that he needed time to think about it and would get back to him," the detective wrote. She said the two left the courthouse and "she knew that a criminal bench warrant would be issued." She told officials she left Mr. Derosky at an old, closed hotel bar and had not seen him since. She also said he did not have a gun when she last saw him.
The detective contacted the judge's staff again and asked them to clarify whether Mr. Derosky had come to the courthouse for trial. Confronted with the information from Ms. Blystone, Mr. Capone said he "was unsure how to answer that question and believe that it would violate attorney/client privilege," the detective wrote. He said Mr. Capone told the judge's staff that Mr. Derosky and Ms. Blystone had come to court for the trial, he informed them of the plea deal and Mr. Derosky then cursed and said, "I'm out of here." Mr. Capone told the staff he went to another courtroom and when he returned about 10 minutes later, Mr. Derosky was gone, according to the complaint.
The sheriff's office charged Ms. Blystone, who could not immediately be reached, with hindering apprehension and obstructing the administration of law. She was arrested Jan. 15 and released from the Allegheny County Jail five days later.
Deputies received information Jan. 16 that Mr. Derosky was at a motel in Parkersburg, W.Va., and contacted police there. When Parkersburg officers entered the motel room, they found Mr. Derosky dead of a self-inflicted gunshot wound to the head. A handgun that was registered to him was lying nearby.
Allegheny County spokeswoman Amie Downs said all cases assigned to Mr. Capone, who she said was an assistant public defender, "have been reassigned to other attorneys while this matter is pending. His current status with the office is under review."
Liz Navratil: lnavratil@post-gazette.com.
First Published: January 27, 2015, 4:41 p.m.
