Threats, image of Monessen trial witness posted on social media

A Westmoreland County prosecutor Wednesday said an investigation is underway to learn who took a courtroom photograph of a witness during an attempted murder trial last week, an image that was posted online with an apparent threat.

Assistant District Attorney Adam Barr said it appeared the photo of the alleged victim, who claimed he was shot on a Monessen street in 2017, was published on social media sites along with photographs of rats and apparent threats.

The trial of the two Monessen men charged in connection with the shooting ended in a mistrial last week. Westmoreland County Common Pleas Court Judge Christopher Feliciani ruled prosecutors turned over key evidence too late to defense lawyers in the cases against Joseph “Jo Jo” Heath and Rayshawn Ford.

The mistrial came just as victim Timothy “Boo” Kershaw was set to testify against Heath and Ford. Barr said he learned late last week that Kershaw’s photo was taken when he came into the courtroom to testify just prior to the mistrial being declared. The photo appeared to be taken by someone sitting with Heath and Ford supporters, Barr said.

“If you find out who took the picture, they should be prosecuted,” the judge told Barr during a hearing Wednesday.

The use of cameras and cell phones are barred inside of courtrooms. Barr said it was unclear if county detectives or Monessen police will oversee the investigation.

Meanwhile, both Heath and Ford are expected to be retried later this year. Heath, 29, was charged with 14 counts, including attempted murder, aggravated assault, conspiracy and other offenses in connection with the June 25, 2017 shooting on Summit Avenue.

Ford, 23, was charged with two counts of conspiracy.

In court Wednesday, the judge ruled Heath could be released on bail while Ford, whose bond was reduced to $100,000, will remain behind bars on a detainer issued by another judge pending a separate probation violation hearing.

Feliciani reinstated the $30,000 bond for Heath, which he previously posted. Heath will be confined to his home but will be allowed work release and must adhere to a 10 p.m. curfew, the judge said.

Also on Wednesday, defense attorney Ryan Tutera filed a request seeking to have Ford’s conspiracy charges dismissed, citing double jeopardy concerns.

Tutera wrote that prosecutors withheld new evidence they received from Kershaw just days before the trial was to begin in which he contended Heath and Ford chased him earlier in the night before the alleged shooting. Because of that, a second trial against Ford should be barred, Tutera said.

“All the prosecution had to do was tell both counsels at the very least on the day he learned of the new information or even on the day of jury selection, but before the opening statements so that the defendants could have moved for relief in the form of a continuance to investigate and do their due diligence,” Tutera wrote.

Rich Cholodofsky is a Tribune-Review staff writer. You can contact Rich at 724-830-6293 or rcholodofsky@tribweb.com.