When someone is shot and killed by police in Pennsylvania, local district attorneys are in charge of investigating the case.
Now, some lawmakers want a special prosecutor to handle those cases to avoid perceived bias.
There have been two deadly shootings at the hands of police in the last few months in both Wayne and Lackawanna counties. In both cases, the district attorneys have handled the investigations.
Some in Harrisburg want a law to avoid having prosecutors who work closely with police from having to investigate deadly shootings involving cops.
Last month, an off-duty police officer shot and killed Joseph Molinaro in Carbondale. Any day now, the Lackawanna County District Attorney is expected to decide if that shooting was justified.
In December, three state troopers shot and killed Derek DeGroat near Waymart. The Wayne County District Attorney investigated that case as well.
"My findings are based solely on the question whether or not this shooting of Mr. DeGroat is justifiable," said D.A. Janine Edwards on January 14.
It was justifiable, according to D.A. Edwards. It still doesn't sit well, however, with DeGroat's father, Michael.
"We knew what the verdict was going to be before it was even done," said DeGroat.
That's because some, including DeGroat, believe local prosecutors are too close to police. Some lawmakers have introduced a bill that would require an independent outside investigation if an officer uses deadly force (SB 400).
"I feel it would be hard for the D.A. to be objective when you are working closely, you know who they are, you know their families and what they`re about," added DeGroat.
"Right now if somebody is shot and killed by state police or local police it is the district attorney's office that decides if it will investigate or pass it along to the state attorney general's office. But SB 400 would take that power away from the local district attorneys and pass it on to a special prosecutor in the A.G.'s office.
"Any law that removes decision-making from the local people who are most closely affected by it all need some close scrutiny," said former Wayne County prosecutor Mike Lehutsky.
Lehutsky questions the implication that there's such a cozy relationship between police and the D.A. that he or she is automatically unable to be objective.
"Just because somebody's a police officer doesn't mean you're so closely connected with them and such good friends you're unable to objectively view the case," he said.
In response to the proposed law, Wayne County District Attorney Janine Edwards said:
If a specific case with a certain set of facts warrants a special investigation and prosecution due to a conflict in my office I would respect that and request the Attorney General's office handle it. However I believe, as the elected district attorney for Wayne County, that I am accountable to those who put me in office here. I'm accountable as the chief prosecutor to this county's taxpayers to prosecute crimes occurring here. Simply to say that a police officer is involved in an incident and may be subject to criminal prosecution is not enough for me to shirk my responsibility and accountability to those who elected me.
Senate Bill 400 is still in committee. Its sponsor, Senator Art Haywood of the Philadelphia area, is pushing for the Senate Judiciary Committee to hold hearings on the bill.
