Fayette County court assistant, law clerk accused of defrauding widow, late husband

A Fayette County courthouse law clerk and court administration assistant, along with three others, were charged Thursday in connection with a scheme that police said defrauded the widow of a Smock man.

Ryan Joseph Marshall, 30, and Tammy Sue Cable, 51, both of Uniontown, are charged with numerous counts, including corrupt organizations, conspiracy, theft, tampering with public records and related offenses.

District Attorney Rich Bower announced the charges, calling them the saddest of 30 cases against 23 people that were filed as a result of the work of a grand jury that has been seated in the county since February.

“When we started this, we never had any clue how deep the corruption was that we were going to find,” Bower said. “We will continue to pursue all corruption as long as we have to.”

County detectives were notified March 17 by county Register of Wills Jeffrey Redmon about a guardianship document filed before a judge for Elmer L. Kisner Jr. that turned out to be erroneous, according to court papers. The motion was filed March 5. Kisner, 94, died two days later. He was Cable’s grandfather, Bower said. She worked as an assistant to the court administrator at the courthouse.

The discrepancy in the document came to light March 9 when a family member tried to pick it up at the courthouse. Cable asked Marshall to talk to a judge to get the order signed, Bower said.

“The judge, trusting his law clerk, signed the order,” he said.

Investigators learned that Kisner and his wife were hospitalized and placed at separate care facilities Feb. 13. A couple weeks later, Kisner’s wife realized something was amiss. She went to her bank March 5 and learned that $86,000 had been taken out of her accounts.

When she went home, she found their vehicle, numerous pieces of furniture, antiques and other items were missing, police said.

Elmer Lewis Kisner III, 70, of Hiller; his sister, Sherry Lee Walters, 71, of South Uniontown; and her husband, Ernest Andrew Walters, 66, also are facing corrupt organization, theft, conspiracy and related charges. Bower said Kisner III had the power of attorney for his father. Sherry Walters is Cable’s mother.

The Walters switched the title of the Kisners’ car into their names with forged signatures from the Kisners, according to court papers.

Meanwhile, Kisner Jr.’s wife attempted to visit him in a care facility but was told she wasn’t allowed to see him, Bower said. The next day, she learned he had been moved, but no one would say where, he said. No one notified her of his death on March 7, Bower said.

“To this date, she does not know where her husband is buried,” he said.

County detectives found eight recordings on Marshall’s cell phone from inside the courtroom of Judge Steve Leskinen, according to court papers. He additionally is charged with intercept oral communications and unlawful use of an audio device. It was unclear from court papers the nature of the recordings.

Marshall surrendered Thursday and is free on unsecured bail. Cable had not been arraigned. Criminal complaints were provided by authorities Thursday but online court records for the other suspects were not available.

The rest of the 30 cases involved several county employees, including jail guards, and inmates. Some are accused in a conspiracy to bring drugs into the jail and others were charged in connection with alleged involvement in other incidents. Two cases have been turned over to the U.S. Attorney’s office for possible federal prosecution.