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ODC 'failed to establish any violations' by former Elk County DA, disciplinary board rules

UPDATE |

Following hours of additional testimony on Tuesday, a state disciplinary board ruled in favor of former Elk County District Attorney Thomas Coppolo.

The Office of Disciplinary Council (ODC) filed a petition against the former DA, alleging repeated misconduct.

During the two days of testimony, the council focused on the death investigation of Jessica Thivener, who police say was found dead inside her Saint Marys home on July 25, 2020.

Her husband, Richard Thivener, was charged after police say he confessed to drugging and killing her, however, his charges were later dismissed.

The disciplinary council alleged that Coppolo failed to submit key evidence to the defense in Thivener's case.

On Tuesday, the disciplinary board ruled that the ODC "failed to establish any rule violations" by Coppolo during the investigation into the death of Mrs. Thivener, as well as in two other cases.

The council still has the opportunity to file for the petition to be reviewed by the state disciplinary committee.

Coppolo, as well as Elk County coroner Michelle Muccio and the case's lead investigator, Sgt. Andrew Nero of the Saint Marys Police Department, have also been named in a federal civil lawsuit that was filed on behalf of Richard Thivener.

The first hearing on the lawsuit is scheduled for Nov. 30th.

ORIGINAL |

Former Elk County District Attorney Thomas Coppolo was among several individuals who testified Monday before a state disciplinary board.

The Office of Disciplinary Council has filed a petition against Coppolo, alleging repeated misconduct during his time as district attorney.

One of the key cases that the disciplinary board is focusing on is the death investigation of Jessica Thivener, who police say was found dead inside her Saint Marys home on July 25, 2020.

In October of 2020, police charged her husband, Richard Thivener, after authorities claim that he confessed to drugging and killing her by putting Ativan (lorazepam) in her food.

The disciplinary council alleges that Coppolo failed to submit key evidence to the defense in Thivener's case, including an alleged email between he and the county coroner discussing how Mrs. Thivener reportedly died.

On Monday, the disciplinary board heard testimony from Coppolo, as well as Elk County coroner Michelle Muccio and the case's lead investigator, Sgt. Andrew Nero of the Saint Marys Police Department.

Sgt. Nero testified to the crime scene and how Mrs. Thivener's body was discovered inside the home.

He also discussed an alleged text message, that was reportedly sent by Richard Thivener, claiming that he and his wife both planned to commit suicide on the day that her body was discovered.

Sgt. Nero testified that through the course of their investigation, authorities learned that Mrs. Thivener had been involved in an alleged affair.

He also discussed the investigation into Richard Thivener's phone and his alleged search history, which reportedly included phrases such as "how to kill my wife" and "what are the effects of Ativan."

Investigators say an autopsy report later determined that Mrs. Thivener died from "Cardiac Dysrhythmia of Undetermined Etiology” and that the toxicology report did not reveal any extreme levels of lorazepam in her system.

The petition claims that the autopsy report was never provided to Thivener's defense and that the charge of criminal homicide "was not supported by probable cause."

After approximately 20 months in jail, the charges against Richard Thivener were dismissed and he has since filed a federal civil lawsuit against Coppolo, Muccio, Sgt. Nero and others.

In the lawsuit, Thivener claims that police gathered evidence in his wife's death prior to filing for any search warrants in the case.

He also claims that he was "coerced" into confessing to the death of his wife.

Testimony in front of the disciplinary board is scheduled to continue on Tuesday and the first hearing on the lawsuit is scheduled for Nov. 30th.

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