A Centre County Grand Jury has recommended a combined 119 charges against two former State College Police officers who were allegedly involved with leaking confidential information about ongoing investigations.
The grand jury presentment accuses former officer Kenneth Ferron of accessing and providing information about several cases to Erich Kessinger, a former officer who was terminated in 2010 and was working as a private investigator for local defense attorneys. Investigators allege that Kessinger used leaked information in cases that involved sexual assault, rape, assault and burglary.
Outgoing District Attorney Stacy Parks Miller announced the result of the investigation Friday. It’s the last report from the county’s first grand jury, which investigated cases for 18 months before expiring in the fall.
She called the case ‘disturbing and sad’ and said that in some cases ‘victims were re-victimized’ when they were approached by Kessinger.
Pennsylvania State Police are continuing to investigate the case and ‘will not stop until anyone who is responsible is charged,’ Parks Miller said.
Recommended charges against Kessinger include 20 counts of unlawful use of a computer, 20 counts of obstructing administration of law, 20 counts of unlawful access to stored communications, 12 counts of criminal use of a communication facility, and four counts of unlawful duplication. He also faces 12 counts of Detective Act license violations.
Ferron, who retired during the investigation, is facing charges that include 13 counts of unlawful use of a computer, 13 counts of obstructing administration of law, 13 counts of unlawful access to stored communications and two counts of unlawful duplication.
State College Police Detective Christopher Weaver testified to the grand jury that the department first became aware someone in the department was illegally disseminating confidential information during the investigation of Justin Alexander in 2015. Alexander was convicted in 2016 of false imprisonment and terroristic threats after he was accused of threatening and attempting to abduct a woman he did not know from a State College apartment building. He was sentenced to two years of probation.
According to the presentment, four days after the incident Kessinger, who was working as a private investigator for Alexander’s attorney, Andrew Shubin, showed up at the victim’s neighbors apartment asking questions about the woman and her background. At the time, police had not included the woman’s name or other details in documentation.
Weaver reportedly asked Shubin if he knew who was providing Kessinger with information. Shubin reportedly apologized and agreed the contact was inappropriate. He allegedly said he knew Kessinger had sources but that he did not ask questions about it, according to the presentment. At that point, Weaver suspected that Kessinger was getting information from inside the department.
Shubin said on Friday that he had not yet seen the presentment.
A review of the department’s records management system found that former officer Thomas Dann had accessed records for the case, though he had no reason to, according to police. He was ordered to turn over his cell phone and an examination revealed communications between Dann and Kissinger that showed Dann had provided information and documents.
Dann was sentenced later that year after pleading guilty to stealing drugs from the department’s evidence room. That case was prosecuted by the state Attorney General’s office. Parks Miller said on Friday the charges came about as a result of the leak investigation and that the OAG terminated Dann’s liability in the leaks case. Dann was a witness for the grand jury.
A full scale audit of the record management system revealed unusual computer activity by not only Dann, but also Ferron on multiple cases they had no reason to access, according to the presentment. In some instances they both viewed the same cases multiple times.
Ferron allegedly admitted to Dann that ‘he had been doing the same thing in providing Kessinger information.’
Weaver testified that detectives work to build trust and make victims feel safe. In the Alexander case, he said, Kessiner approaching the victims’ neighbors had a substantial effect on her. She became fearful and upset and along with her parents was unsure if she should proceed with the case.
The grand jury presentment alleges that Dann and/or Ferron accessed information in 11 other cases they were not involved with. Three of those were rape investigations being conducted by Penn State Police. State College shares a records management system with several other departments, including Penn State, with the expectation that departments will only access another’s reports if it is for legal and investigative reasons.
Ferron is accused of illegally accessing records in seven cases, including one Penn State Police investigation, though not the Alexander case.
Kessinger is accused of utilizing unlawfully obtained information in all 12 cases cited in the grand jury presentment in order to either prepare reports or speak to witnesses or victims while working as a private investigator for several area defense attorneys.
He is also charged with working as a private investigator without the required qualifications. Kessinger worked for the private investigative firm Stathill Investigations. Kessinger did not meet the criteria to be licensed as a private investigator, but a person who holds a private investigator’s license may employ someone who does not qualify.
Stathill owner Bernard Howard reportedly testified that Kessinger handled most cases on his own but that Kessinger was treated as an independent contractor, not an employee.
Parks Miller said on Friday that she expects new District Attorney Bernie Cantorna, who was sworn in earlier in the morning and will begin his duties on Jan. 1, will recuse himself from prosecuting the case. She claimed that Cantorna is friends with the defense attorneys who hired Kessinger.
Cantorna said in an email that he is not privy to the case information and could not comment.
‘I am aware of the investigation but only became aware of the charges when it was publicly announced today,’ he said.
