Somerset DA Thomas' defense attorney calls sex assault case 'political'

SOMERSET — Describing the sexual assault case against Somerset County’s suspended district attorney as “political,” Jeffrey Thomas’ defense attorney suggested on Friday that he might raise issues about whether the Pennsylvania Office of Attorney General should be prosecuting the case.

Following a pretrial hearing, defense attorney Ryan Tutera offered hints at part of Thomas’ defense in the case, proposing questions that would ask potential jurors whether they support the #MeToo movement and whether they have provided support for local political parties or for former District Attorney Lisa Lazzari-Strasiser’s campaign.

Lazzari-Strasiser, defeated by Thomas in a 2019 election for the county’s top prosecutor seat, has worked in the attorney general’s office since 2020. She no longer works as a prosecutor, either in this case or any others statewide, instead leading a Conviction Integrity Unit that examines questionable sentences handed down years ago to assess whether those punishments were fair.

But with Thomas’ former opponent working for Attorney General Josh Shapiro, Tutera indicated on Friday that he plans to “raise questions” to potential jurors — and perhaps to the court — “over whether this is the appropriate body to handle this process.”

Tutera did not mention the issue during a brief hearing before state Supreme Court-appointed Cambria County Senior Judge Timothy Creany while prosecutors were also present Friday, instead discussing the matter with media afterward.

As of Friday afternoon, no motions were filed raising the question. But Thomas’ team has time. Creany has set an April 20 deadline for attorneys on both sides of the case to raise any issues that would have to be sorted out prior to a trial.

“We are going to be looking into (potential motions) and go from there,” Tutera said.

He added that Thomas wants the case tried by a jury of local residents, adding that many like him and think the state’s case against him “stinks.”

Creany was appointed to oversee the case last fall at the request of Somerset County President Judge D. Gregory Geary to avoid potential bias, because Thomas spent the previous two years working in the same courthouse as all of Somerset County’s judges and prosecuted cases before them.

Thomas faces sexual assault, indecent assault and strangulation charges, among others, accused of unlawfully entering a Windber woman’s home with alcohol in September and sexually assaulting her.

State police said the woman knew Thomas on a professional basis and that she told him to stay away. According to a criminal complaint, Thomas — who is currently suspended from practicing law — only agreed to leave after she promised she would not call the police.

Tutera has said the woman instead wore a “wire” — a court-approved recording device — to confront Thomas about her allegations two days later.

Staff with Shapiro’s office in Harrisburg noted that Thomas worked regularly with their office before charges were filed against him, noting that he referred eight cases to them on conflict of interest and resource referrals during his 20 months in office.

“Our office had a good working relationship with his office before these charges were filed,” Shapiro’s office wrote in a statement Friday. “Our track record proves that we show no fear or favor when holding people who break the law accountable for the crimes they commit.”

Creany has set an April 29 hearing to discuss any motions in the case that could be filed.

Both sides have submitted proposed questionnaires that will be reviewed and approved by the court before prospective jurors would be brought to the courthouse in an attempt to seat a panel of 12 jurors to hear the case.

The review process for the questionnaires is standard in jury trials, as are court- approved questions, which both parties use to determine if residents can agree to listen to evidence in the case and render a fair verdict.

Those questions routinely include asking potential jurors whether they have any prior relationships with anyone involved in the case. In this proceeding, that would include Thomas, the alleged victim and any attorneys in the case.

Tutera is asking Creany to also include questions about whether people have supported Lazzari-Strasiser, Shapiro or either the Somerset County Republican or Democratic parties. He also proposed asking people if they ever have been represented by Matthew Zatko, a Somerset lawyer who has previously represented the alleged victim in the case when she filed a protection order against Thomas last fall.

Creany told both sides’ attorneys he will review the proposed questionnaires, but also encouraged them to provide full lists of anyone who might be called on to testify as witnesses in the case before those pretrial measures can be finalized.