Greene commissioner alleges malicious prosecution in federal lawsuit against DA
Greene County Commissioner Mike Belding is suing outgoing District Attorney David Russo and his lead detective, accusing them of retaliating against him through multiple investigations and criminal charges that he claims were politically motivated.
Attorneys for Belding filed the federal lawsuit in Pittsburgh last week against Russo and former chief detective Zachary Sams claiming they violated his right to free speech and targeted him through malicious prosecution during an ongoing feud between the elected county officials.
The suit specifically cites three investigations initiated by Russo and Sams against Belding since early 2022, the last of which ended with criminal charges over how he handled the casting of lots in March to select the ballot order for the primary election. The case was handed over to the state Attorney General’s office, which withdrew all charges against Belding in May after reviewing the matter.
“Now, I seek vindication as a victim who had false criminal charges brought against me and my constitutional rights violated simply because I spoke up against corruption,” Belding said Tuesday in a written statement. “I am seeking accountability of David Russo and Zachary Sams through this lawsuit that will hold them responsible for abusing the inherent authority of their offices and set a precedent to deter future officials from similar egregious activities.”
The 49-page filing explains the lengthy history of grievances between Russo and Belding since both took office in January 2020. It also calls into question Russo’s fitness to serve in office, including claims he was so intoxicated at the Pennsylvania District Attorneys Association’s annual meeting at Bedford Springs Resort in 2021 that he allegedly urinated off the hotel balcony, prompting him to be escorted from the conference and being barred from attending the following year.
But it goes on to accuse Russo and Sams of wielding their law enforcement power for political retribution against Belding after he spoke out against the district attorney’s office on multiple occasions.
The lawsuit details a disagreement between Russo and the commissioners about who should serve as the district attorney’s victim witness coordinator in early 2022 that eventually led to two different people holding the same role. Russo sent the commissioners a cease-and-desist letter over the stalemate and threatened to take legal action against them if they did not return control of that position to his office, according to the lawsuit. Russo later indicated he was launching a criminal investigation into the matter after the county hired a different person for the position and he hired his own worker to serve in that role in his office.
Subsequent disagreements ensued last year over the county’s distribution of “stop-the-bleed kits” and the formation of a county SWAT team under the supervision of Russo. That prompted Belding to write an opinion piece published in the Observer-Reporter in January that criticized Russo. Two days later, Russo spoke in a WTAE-TV news interview in which he apparently told the reporter that seven former or current county employees were facing criminal charges in various cases while working directly under Belding.
“In fact, under the organizational structure of the county, no one works specifically for an individual commissioner, and not one of the seven defendants referenced by Russo ever worked for Mr. Belding,” the lawsuit states. “On information and belief, Russo made these statements to retaliate against Mr. Belding for his op-ed regarding Russo’s SWAT team.”
In February, Belding posted on his personal Facebook page the results of an audit conducted by the county controller that claimed Russo misused asset forfeiture funds in 2022 to help create the SWAT team. Sams sent a “preservation request” to the county’s information technology department on March 2 asking for all emails sent or received since September 2022 to be preserved, indicating he had launched a criminal investigation over the release of the audit information.
The next day, Belding filed a formal complaint with the state’s Disciplinary Board accusing Russo of making false statements in the television interview, and Russo became aware of the inquiry later that month. Around the same time, the commissioners asked the Attorney General to intervene in the audit, prompting Russo to issue a blistering response to the Observer-Reporter in a March 11 story.
“To say I am furious beyond measure with Mike Belding and his cronies’ fabricated allegations would be an understatement. Belding has surreptitiously and libelously used sensitive government documents in order to attempt to slander my name,” Russo said in his statement. “Belding and his cronies can be sure that this will be answered aggressively and swiftly and lawsuits will be filed against Belding regarding his action and behavior.”
Alexa Gervasi, who filed the federal lawsuit on behalf of Belding, said Tuesday that Russo’s statement showed a clear intention to exact revenge against Belding.
“Government officials cannot abuse their power to retaliate against someone they don’t like, especially when it’s against someone’s speech,” Gervasi said.
The lawsuit claims that’s what happened the following month when Russo and Sams filed criminal charges against Belding and solicitor Robert “Gene” Grimm on April 4 following the botched casting of the lots on March 15 and 23. Belding denied having any pivotal role in how the situation was handled despite him being the chairman of the elections board and having final say over the process.
The lawsuit states Sams “knowingly filed a false criminal complaint and accompanying affidavit” against Belding that the detective knew “contained material misstatements and omissions.” State prosecutors withdrew the case a month later after a spokesman said the charges were “not sufficiently supported” by the facts.
Grimm later filed a complaint against Russo over his handling of the case, and Greene County President Judge Lou Dayich found that the district attorney acted with “willful and gross negligence in the execution of his duty,” leading him to ask the Attorney General to investigate Russo’s actions. It’s not known where that case currently stands.
“Russo’s and Sams’s exclusive purpose in investigating and bringing these false criminal charges against Mr. Belding was to retaliate against Mr. Belding,” the lawsuit states.
蘑菇视频ed by a reporter Tuesday afternoon, Russo said he was unaware of the federal lawsuit and asked for a copy to be emailed to him. He responded with an email, which read, verbatim:
“It is truly sad that in preparing for Christmas and the holidays these individuals had only one thought…collecting a check from the county, and retribution for being charged for the crimes they committed to the county voters. I forgive you for being weak. It what Jesus would have asked of me.”
Both Russo and Belding, each of whom are Republicans, will be gone from public office by next week. Russo lost his re-election bid to challenger Brianna Vanata during the Republican primary in May, while Belding announced earlier this year that he planned to retire when his term expires Jan. 2. Sams, who could not be reached for comment Tuesday, left his position as chief detective over the summer following Russo’s primary defeat.
Belding is claiming his reputation was damaged and is asking for unspecified compensatory and punitive monetary damages from Russo, Sams and Greene County.
“Inherent to many publicly elected offices is significant power, influence and authority,” Belding said in his statement. “Power, influence and authority in the wrong hands, is too tempting to the corrupt not to be misused.”