MAHANOY CITY — The attorney representing suspended Mahanoy City police Cpl. Michael Dissinger said his client was the person who discovered that $10,000 in funds seized during an arrest was missing from the borough police station.
Attorney Joseph P. Nahas of Frackville said the investigation will prove his client to be not guilty.
“Michael Dissinger, we believe, will be vindicated,” Nahas said. “He has never taken anything out of that evidence room. He’s the one who brought everything to light. He was the whistleblower. He was completely cooperative and provided all information to all authorities, including the state police. He clearly has no involvement in any illegal activity.”
Nahas said his client had been actively attempting to upgrade the procedures in the evidence room, which led to discovery of the missing funds that had been seized during the arrest of Daniel J. Bynon III in 2014.
“Corporal Dissinger for some time has been trying to modify and bring up to specs the evidence rooms so he could maintain the sanctity of the chain of custody,” Nahas said. “It hasn’t been up to par for many, many, many years. I’m talking before Dissinger became a police officer. There used to be a key that hung on the wall, and there was access to a key in a box or a desk drawer. They (police officers) did not fill out forms when they handled evidence. When evidence goes from point A to point B, it should be documented who signed it out and who had taken it. That never happened.”
At its April 27 special meeting, the Mahanoy City Borough Council accepted the retirement letter from Police Chief John C. Kaczmarczyk and suspended Dissinger with pay as an investigation of the $10,000 allegedly missing from the evidence area in the municipal building.
The Pennsylvania State Police is investigating the missing money at the request of Schuylkill County District Attorney Christine A. Holman.
Nahas said that Bynon’s case was heard in the county court, with Bynon’s attorney filed to have some of the money returned to his client. The court decided to return $4,000, with the remainder staying with the county.
“So Dissinger goes into the evidence room and he can’t find the money, and he sees other things missing, as well,” Nahas said. “There is evidence that’s clearly not there that should be there. Dissinger goes over the chief’s head to the district attorney’s office and meets with Detective (Kurt) Montz and tells him that the money is not there.”
Nahas said Dissinger told Kaczmarcyk the next day about his contact with the DA’s office.
“He (Dissinger) was completely removed from the situation whereby the chief handled all communications with the DA’s office. Dissinger was completely removed from the investigation in late February.”
Nahas said his client did not take the money and was the one who reported it was missing.
“He didn’t touch the money, didn’t have anything to do with the money, and he was the guy who reported the money missing and reported the flaws in the evidence rooms,” Nahas said. “Since that time, he’s been suspended with pay in Mahanoy City, which is not the wrong thing to do. Mahanoy City is waiting to see what the investigation shows. They have to take certain precautions to make sure everything fares out well during the investigation. We understand that.”
Nahas said the lack of proper procedures in the evidence rooms has put other cases in jeopardy.
“The sanctity of the evidence room, in my opinion, is breached,” Nahas said.
The Republican-Herald obtained from the borough a copy of the letter from Holman sent to Mahanoy City officials last week reviewing the situation and advising certain actions be taken, with the main focus on protecting the chain of custody of the evidence being held by the police department. The copy obtained was addressed to Mayor Patti A. Schnitzius as a follow-up in writing to a telephone conversation between Holman and Schnitzius.
Holman states she was alerted that the $10,000 could not be located in a police department’s evidence room in order for her office to comply with a county court order dated Jan. 27, 2016.
“The Pennsylvania State Police were contacted as a result, and a request was made to open an investigation,” Holman wrote. “The investigation was initiated and is ongoing. Some information has been established and directly impacts the district attorney’s office in past, present and future prosecutions.”
Holman continued, “First, both Chief Kaczmarczyk and Corporal Dissinger agreed to submit to polygraph examinations and unfortunately both failed the exams. Chief Kaczmarczyk admitted to the state police after the exam was concluded that he committed a past theft of monies in his capacity as a police officer. Corporal Dissinger initially told Chief Kaczmarczyk that he had the approximate amount of $10,000 in his possession as he had delivered the same to Schuylkill County Detective Kurt Montz. Subsequently, Corporal Dissinger recanted this statement and informed Chief Kaczmarczyk that he did not in fact deliver the monies to Detective Montz.”
Holman requested that Kaczmarczyk and Dissinger be relieved of their custodial duties in the evidence areas in the police department.
“According to both men, there are two keys to the current evidence room,” Holman wrote. “These keys should be turned over to the borough and any existing locking devices be changed. In addition, the borough should obtain a law enforcement agent external to the Mahanoy City Police Department to regulate the intake of evidence. Moreover, a thorough inventory should be taken of the existing evidence.”
Holman concluded the letter requesting that the borough file a claim to its insurance carrier for the mislaid money that represents the total loss to the district attorney’s office and Schuylkill County.”
Kaczmarcyk and Dissinger had been first and second in command, respectively, of the police department. The borough council did not name an acting chief during the special meeting.