Lawsuit dismissed against DA, judge and coroner over handling of child鈥檚 body
A lawsuit against three high-ranking Washington County officials accusing them of withholding the decomposing body of an infant for several months – claiming it was still evidence in a homicide case – was dismissed earlier this month after a judge decided they had immunity with their positions.
Senior Judge Dominick Motto dismissed the lawsuit against District Attorney Jason Walsh, Judge John DiSalle and Coroner Timothy Warco in a 21-page decision filed June 16 in which he wrote they were immune from litigation while acting in the capacity of their official duties.
Jordan Clarke, who is charged with homicide in the death of his 11-week-old son Sawyer in May 2022, filed the lawsuit against the three officials claiming they used the court system to keep custody of the child’s body under the guise of preserving evidence in the criminal investigation. Clarke’s civil attorney, Noah Geary, filed the lawsuit Dec. 13 in Washington County Court of Common Pleas claiming Sawyer’s body was withheld for seven months in 2022 until it became badly decomposed and delayed the family from holding a proper funeral and burial.
In his decision, Motto said DiSalle acted “within the scope of his duties at all times as a judge” when he signed multiple court orders at Walsh’s request directing Sawyer’s body to be transferred from the custody of the Allegheny County Medical Examiner’s office to the Washington County coroner’s office, which performed a second autopsy and held the remains indefinitely. Motto said Walsh was also “entitled to high public official immunity” since he was acting within the scope of his duties as district attorney. In addition, Motto said Warco should also be immune, but he added that he did not think the coroner acted egregiously.
“This Court finds that Coroner Warco’s conduct did not rise to the level of extreme or outrageous,” Motto wrote in his order. “Coroner Warco was acting pursuant to court orders which he was obligated to follow.”
Geary said Wednesday that he disagreed with the decision because the lawsuit and oral arguments he made before Motto during an April 23 hearing denied that the public officials were entitled to immunity.
“He went outside that and considered different arguments that the defense attorneys made,” Geary said. “Under the law, (Motto) had to limit his review to just the allegation I made in the lawsuit. Nowhere in there are they entitled to any immunity. … The judge considered things he wasn’t even allowed to consider, throughout his opinion. He had guidelines and he went far outside those guidelines.”
Geary said he is preparing an appeal to the state Commonwealth Court and would file it soon in order for the appellate court to consider reviving the lawsuit.
Clarke, 39, is accused of assaulting his son on May 23, 2022, while caring for the boy at his McMurray home. Sawyer died the following day after being taken to a Pittsburgh hospital for treatment. Clarke was charged two weeks later with homicide and other felony counts, and Walsh announced he would seek the death penalty if the defendant is convicted of first-degree murder.
Geary, who was Clarke’s previous defense attorney before filing the lawsuit last year, contends that his client tripped on a plastic bag and fell while holding Sawyer, fatally injuring the boy.
An autopsy in Allegheny County was unable to determine the manner of the boy’s death, prompting Walsh to request a court order from DiSalle, who was president judge at the time, to have Sawyer’s body brought back to Washington County for a second autopsy in which Warco’s office determined the manner of death as homicide.
DiSalle’s order required Warco’s office to hold onto the boy’s remains until the criminal case was adjudicated despite capital homicide cases typically taking years to conclude. Geary eventually pushed for the boy’s body to be released to the family, and a court order on Dec. 15, 2022 – nearly seven months after Sawyer died – allowed the child’s remains to be returned, although the body had badly decomposed by then and the grieving family had already waited months for a funeral.
“What they did with this little boy’s remains were vile and despicable,” Geary said.
Reached for comment Wednesday, Walsh said he was not surprised the lawsuit was dismissed.
“As I stated (when the lawsuit was filed), all of Noah’s shenanigans are meritess,” Walsh said. “I’m not surprised it’s dismissed because it’s the right legal ruling with the other lawsuits. It’s his reputation.”
Geary has represented several other clients who have filed lawsuits against Walsh and DiSalle claiming they abused their authority. Many of those cases are still pending or on appeal.
“He obviously has something personal against me. I don’t have anything personal with him,” Walsh said. “I’ve never had a bad conversation with him. I don’t know what his deal is. … He’s anti-law enforcement …”
Warco declined comment Wednesday because of the possibility that the lawsuit dismissal could be appealed, while DiSalle did not return a phone call seeking comment on the case. Geary has until July 16 to file an appeal with Commonwealth Court, and he said he expected to file his notice in the coming days.
“We’re definitely appealing,” Geary said.