Former Westmoreland deputy sheriff seeks dismissal of sex charges
Aug. 16—A former Westmoreland County deputy sheriff wants a judge to dismiss criminal charges alleging that he solicited sex from female inmates during routine prisoner transfers, claiming there is not enough evidence to support the claims.
In court documents filed Monday, the lawyer for Daniel Gradischek, 34, of Unity argued that prosecutors have so far been unable to present witnesses who claimed they were forced to have sexual contact with the deputy.
"The record is clear that the defendant never had sexual intercourse or deviate sexual intercourse with any of the individuals alleged to have been victims," defense attorney Mike Ferguson wrote.
Gradischek is free on $50,000 unsecured bail as he awaits trial on charges of institutional sexual assault, attempted institutional sexual assault, attempted solicitation, indecent assault and official oppression. Police contend that Gradischek served as a transport deputy who would escort inmates to and from the jail to attend court hearings.
According to court records, witnesses claimed that during transports Gradischek propositioned female inmates, suggested they perform oral sex or grope him in exchange for cigarettes or other tobacco products.
Police claimed that incidents occurred when Gradischek was alone with female inmates in holding cells or inside district court restrooms to uncuff them, in the sheriff's van during trips to the Greensburg courthouse and once at Excela Health Westmoreland Hospital in Greensburg, where an inmate was receiving treatment.
Two women testified during a preliminary hearing last year that Gradischek offered them cigarettes to show him body parts. An investigator claimed at least five other female inmates had been solicited for sex by Gradischek over a 10-year period ending in November 2018.
Gradischek denied the allegations. He was fired in November 2018 during the late stages of the police investigation and a few weeks before the criminal charges were filed.
Ferguson contends the charges should be dismissed because several of the allegations were attributed to women who have not agreed to testify, and specific times and locations of the alleged encounters have not been disclosed.
Assistant District Attorney Adam Barr said he has not reviewed the defense's arguments for dismissal.
"The commonwealth is confident in the evidence and the victims' stories and intends to present this case accordingly," Barr said.
Gradischek's trial is slated to begin in late September.
Rich Cholodofsky is a Tribune-Review staff writer. You can contact Rich at 724-830-6293, rcholodofsky@triblive.com or via Twitter .
