Allegheny County Jail inmate records videos from inside jail, has them posted to YouTube

A man awaiting trial on a rape charge may no longer represent himself in court after he used recording equipment inside Allegheny County Jail to make multiple videos — including a sample opening statement — and posted them on YouTube.

James Taric Byrd, 44, has been incarcerated while awaiting trial in the case, which already has been the subject of multiple appeals and lengthy delays, since 2015.

He is separately awaiting sentencing in federal court after he was found guilty of gun and drug charges by a jury in July. The U.S. attorney’s office in that case is asking for a life sentence given Byrd’s lengthy criminal history and prior behavior — including the assault of his previous attorney during jury selection.

Byrd was supposed to begin picking a jury in the rape case before Allegheny County Common Pleas Judge Alexander P. Bicket on Tuesday. However, citing his actions in recording and posting the videos, the prosecution asked for a postponement to ensure the alleged victim’s safety.

The judge granted the request.

“I believe the victim has every right to be concerned for her safety — not only in this courtroom, but out in the community,” Bicket said.

Jail spokesman Jesse Geleynse said jail administrators were made aware of the videos on Jan. 12. Allegheny County Police immediately launched an investigation that is still ongoing and alerted the court.

Geleynse said the jail then immediately suspended Byrd’s electronics privileges because of security concerns.

“Byrd is currently on investigative status and is housed on the jail’s restricted housing unit,” Geleynse said.

Assistant District Attorney Alexa Roberts said Byrd posted — or had someone post for him — at least 15 videos to YouTube in the past week.

Posted under the name “Corruption in the Burgh,” the videos include two that were specifically identified in court. One of the posted videos has 624 views.

Roberts said that in one video, titled “Corrupt Prosecution of Wrongfully Accused Black Man, Pittsburgh PA part 1,” Byrd identified the alleged victim by name and provided her home address.

The prosecutor described the video as being similar to an opening statement to a jury in which Byrd gives a “highly inflammatory rendition of facts and repeated attacks on (the alleged victim’s) claims.”

Roberts told the court that she believes the videos were meant to harass and intimidate the alleged victim and dissuade her from testifying.

“It appears it is his intent to contaminate the jury pool,” she said. “This interferes with the parties’ rights to an impartial jury and a fair trial.

“This has caused yet another delay to this case that has been pending for years.”

Byrd was initially arrested by McKeesport police in February 2015 and charged with gun and drug charges. Police said they found 20 stamp bags of heroin in his truck.

He was then charged months later with rape of an unconscious victim. As part of the prosecution, the district attorney’s office said it planned to use a recorded jailhouse conversation between Byrd and the woman, with whom he’d had a relationship, during which he described the sexual assault in graphic detail.

Byrd initially argued that he didn’t know the conversation was being recorded, and therefore it should have been suppressed.

However, the state Supreme Court disagreed with Byrd, and the recording will be permitted at trial.

On Tuesday, Byrd did not appear for the hearing in his case. He refused to participate unless it was in person, but because he is currently on suicide watch at the jail and wearing a protective suicide vest, he could not be transported.

Arrangements were made for him to participate in the hearing via video teleconference, but Byrd refused to leave his cell, and the hearing went on without him.

During the proceeding, Roberts told the court that she fears for the alleged victim’s safety from both Byrd and those who support him.

“He has evidently misused the court-provided technology to create these videos,” she said.

Bicket signed a court order on April 27, 2021, giving Byrd a laptop to use in jail to prepare for trial. That computer was in addition to one he had been provided in his federal case to review discovery.

In the state court order, Bicket specified that the laptop was to be used to allow Byrd to listen to audio discovery — including recorded jail calls — that had been provided by the DA’s office on discs.

“It is further ordered that the laptop computer will be provided by the Allegheny County Jail,” the order said. “The laptop computer will be a county-issued device and will have no access to the internet.”

In July of that year, Bicket signed another order increasing Byrd’s time to use the laptop to prepare for trial to 10 hours per week.

According to jail policy, laptops are provided via court order by federal, county and private attorneys.

“(They) must comply with all jail policies and procedures,” Geleynse said. “All laptops are screened by the agency which provides the laptop, whether it be federal or county. The camera should be disabled. All files and folders should be set to read only. Discs and thumb drives are not permitted.”

The jail would not say how the videos were made or posted to YouTube.

The rape case against Byrd has been pending for nearly seven years. During that time, he went through at least four defense attorneys. Then, on July 7, 2021, the judge granted Byrd’s request to represent himself. Bicket assigned defense attorneys Thomas N. Farrell and Lisle Weaver to serve as standby counsel.

On Tuesday, Bicket granted the prosecution’s request revoking Byrd’s right to represent himself, finding that he violated the standards of conduct for defendants representing themselves.

“The videos are intended to intimidate the victim in this case,” the judge said.

Farrell and Weaver will now represent Byrd at his trial.

During the hearing, Farrell told the court that he and Weaver had nothing to do with the videos that were posted.

“We cannot control our clients,” he said.

But, Farrell also added, “We think we have a very strong defense.”

In the nearly 26-minute YouTube video of Byrd giving his opening statement, he said that the case involves a three-way love triangle.

“You have been selected as America’s jury in my criminal trial,” he begins. “This case and the evidence therein will most likely be conscience shocking (as it) involves some arguably immoral acts of sex and exposes things that may very well be criminal.”

Byrd said that it would expose “high levels of public corruption, cover-ups, manufacturing and tampering with evidence, perjury and unlawful detention.”

The video, which according to YouTube was posted five days ago and had 152 views, includes a 16-minute audio recording of a jail call between Byrd and the alleged victim.

“It’s my position it didn’t happen,” he said. “Don’t take my word for it. Take the evidence for what you want it to be.”

Byrd posted another video that was referenced during Tuesday’s hearing. That one, which runs 51 minutes, had been viewed 194 times as of Tuesday afternoon. In it, Byrd secretly recorded a video meeting with Michael DeRiso, his attorney in the federal case.

In the first few minutes of the video, it shows Byrd setting up a recording device and aiming at the video monitor. He positions his chair off to the side to ensure the screen can be captured and spends several seconds setting up his positioning and looking back at the recording device. He also appears to position a piece of paper to cover the recorder.

“I’m glad you reached out,” DeRiso said to start the meeting.

“I’m not gonna just let them set me up,” Byrd said.

The two then go on to discuss Byrd’s sentencing scheduled in federal court on Jan. 31.

On Friday, after he learned about the video being posted, DeRiso filed a motion in federal court asking to withdraw as Byrd’s attorney.

“There has been a breakdown in the attorney-client relationship,” DeRiso wrote.

The U.S. Attorney’s office objected.

“The defendant’s conduct, while illegal and reprehensible, is hardly surprising and there is nothing about that conduct that would warrant allowing defense counsel to withdraw,” the government wrote. “The intent of the defendant is clear. Byrd wants to remain in custody at the Allegheny County Jail and avoid the maximum-security prison that should await him when he is finally sentenced.”

On Monday, DeRiso changed his mind and filed a motion saying he would continue to represent Byrd.

“I think it’s in the client’s best interest and to keep things moving in court,” he said on Tuesday afternoon. “Everything is done, and after reviewing those videos, there was nothing that affects my representation of him.”

Still, he added, ”When that happens, it’s disappointing.”