A local attorney is alleging an improper search of his client’s jail cell was conducted in the ongoing investigation into the homicide of Aliquippa resident Rachael DelTondo.
BEAVER — A local attorney is alleging an improper search of his client’s jail cell was conducted in the ongoing investigation into the homicide of Aliquippa resident Rachael DelTondo.
According to a motion for sanctions filed by defense attorney Gerald Benyo, the jail cell of Wayne Cordes was searched on May 29 by members of the Beaver County Detectives Bureau and the Aliquippa Police Department.
Legal documents as well as a personal item found in a Bible were seized, according to the document.
The warrant used to search Cordes’ Beaver County Jail cell was sealed. According to Benyo, the seal also prohibits him from viewing the document.
Cordes was arrested in November by the Aliquippa Police Department and charged with a series of crimes including aggravated assault and robbery. He is scheduled to go to trial on the charges in July.
Cordes was incarcerated at the time of DelTondo’s killing in May, and is not considered a suspect in the case, according to the motion.
Because the warrant was sealed, it is unclear why Cordes’ cell was searched by investigators. However, according to Benyo, the documents seized from his cell related to his upcoming trial.
Cordes’ then-defense attorney Steven Valsamidis was not informed about the search by the Beaver County District Attorney’s Office prior to the execution, according to Benyo.
The documents are typically called discovery and include criminal complaints, witness information, statements and photographs. Benyo said the documents also contained Cordes’ handwritten notes and personal thoughts about his own case, as well as notations made while discussing the case with Valsamidis.
According to court records, Valsamidis filed a motion on June 1 to withdraw as Cordes’ attorney for the upcoming robbery and assault trial. Benyo officially began representing Cordes on June 7, records show.
In part, the motion filed by Benyo points out that both the investigating police department as well as a prosecuting agency have taken into evidence Cordes’ information regarding the defense he planned to use at trial.
Because of this, Benyo alleges Cordes’ rights were violated. The search, approved by the Beaver County District Attorney’s Office, “rendered it impossible to afford Wayne Cordes a fair trial.”
By filing the motion, Benyo has asked for a hearing before a judge related to his requests, which include that the documents be returned to Cordes and the search warrant be unsealed.
“I want a definitive answer given by the district attorney to the court as to how Mr. Cordes can receive a fair trial now that his legal documents and private communications intended for his attorney were seized,” he said.
Benyo also asked that “all documents concerning the search warrants issued in the homicide case referenced about be made available and open for public inspection.”
In response, the district attorney’s office filed a motion directing the clerk of courts not release any of the requested documents.
Beaver County District Attorney David Lozier called the motion “frivolous” and said the items seized from Cordes’ jail cell was taken within the scope of a valid search. He also said items taken from the jail cell do not relate to Cordes’ upcoming trial.
“Things are sealed for a purpose,” Lozier said, in response to the motion filed by his office.
Benyo is under a court issued gag order regarding all information related to the DelTondo homicide investigation. Because of that, he was unable to answer questions related to the case, including when the gag order was issued.
A court date for the motion for sanctions has not yet been set.