A man awaiting trial on rape charges made several videos (including a sample opening statement) using recording equipment inside the Allegheny County Jail, posted them on YouTube, and then presented himself in court. It may no longer be possible to express
James Tarik Byrd, 44, was jailed while awaiting trial in the case, which has already been subject to multiple appeals and lengthy delays since 2015.
He is awaiting separate sentencing in federal court after being convicted of gun and drug charges by a jury in July. Considering that, he is seeking life imprisonment.
Byrd was to begin selecting jurors in the rape case before Allegheny County Common Petitions Judge Alexander P. Bicket on Tuesday. I asked for a postponement to ensure the safety of everyone.
The judge granted the request.
“I believe victims have every right to be concerned for their own safety, not only in this courtroom, but in the community,” said Bickett.
Jesse Geleynse, a prison spokesman, said prison administrators became aware of the video on January 12. Allegheny County Police immediately launched an investigation, which is still ongoing, and alerted the court.
Geleynse said the prison then immediately suspended Byrd’s electronic privileges due to security concerns.
“Bard is currently under investigation and is being held in the prison’s restricted holding unit,” Geleynse said.
Byrd has posted or had someone post at least 15 videos on YouTube in the past week, according to assistant district attorney Alexa Roberts.
A video posted under the name “Corruption in the Burgh” includes two videos identified in court. One of his posted videos has 624 views.
Roberts said in a video titled “False Prosecution of Wrongly Accused Black Man, Pittsburgh, Pennsylvania Part 1,” Byrd identified the alleged victim by name and provided his home address. bottom.
Prosecutors described the video as resembling Byrd’s opening statement to a jury with “very inflammatory statements of fact and repeated attacks on[the alleged victim’s]allegations.”
Roberts told the court he believed the video was intended to harass and intimidate the alleged victim and dissuade her from testifying.
“It seems to be his intention to pollute the jury,” she said.
“This has caused further delays in this lawsuit, which has been pending for years.”
Byrd was originally arrested by McKeesport Police in February 2015 and charged with gun and drug charges. Police said they found 20 bags of heroin in his truck.
He was subsequently charged with raping an unconscious victim. As part of the prosecution, the district attorney’s office said it plans to record conversations inside the prison between Byrd and the woman he had an affair with, describing the sexual assault in graphic detail.
Byrd initially claimed that he was unaware that the conversation was being recorded and that it should have been suppressed.
However, the state Supreme Court disagreed with Byrd’s arguments, and the recording was allowed at trial.
Byrd did not appear at hearings in his case on Tuesday. He refused to participate unless he did so in person, but he could not be transferred because he is currently on suicide watch in prison and wears a suicide vest.
Arrangements were made for him to participate in the hearing via video conference call, but Byrd refused to leave his cell and the hearing took place without him.
During the proceedings, Roberts told the court he feared for the safety of the victims, both from Byrd and those who supported him.
“He clearly misused court-provided technology to create these videos,” she said.
Bickett signed a court order on April 27, 2021, giving Byrd a laptop to use in prison in preparation for trial. That computer was in addition to those provided in his federal lawsuit for discovery consideration.
A state court order specified that Bicket may use his laptop to listen to audio discoveries (including recorded prison calls) provided on disc from the DA’s office. .
“In addition, I was ordered by Allegheny County Jail to provide a laptop computer,” the order said. “The laptop computer is a county-issued device and does not have internet access.”
In July of that year, Bicket signed another order to increase Byrd’s time on his laptop to prepare for exams to 10 hours a week.
According to prison policy, laptops are provided by court order by federal, county, and private attorneys.
“[They]must follow all prison policies and procedures,” said Geleynse. “All laptops are reviewed by the agency that provides them, whether federal or county. Cameras must be disabled. All files and folders must be set to read-only.” Yes, discs and thumb drives are not allowed.”
The prison did not disclose how the video was made and posted to YouTube.
The rape case against Byrd has been pending for nearly seven years. During that time he went through at least four of his defense attorneys. Then, on July 7, 2021, a judge granted Byrd’s defense request. Bickett appointed defense attorneys Thomas N. Farrell and Lyle Weaver as backup counsel.
On Tuesday, Bickett granted the prosecution’s request to revoke Byrd’s right to represent himself, finding that Byrd had violated the standards of conduct for defendants to represent themselves.
“In this case, the video is intended to intimidate the victim,” the judge said.
Farrell and Weaver end up representing Byrd at his trial.
At the hearing, Farrell said in court that he and Weaver had nothing to do with the video posted.
“We have no control over our clients,” he said.
But Farrell also said, “I think we have a very strong defense.
In a nearly 26-minute YouTube video in which Byrd makes his opening statement, he said the case involved a love triangle.
“You were selected by an American jury in my criminal trial,” he begins. “This case, and the evidence therein, will likely shock conscience as it exposes what is most likely a crime, involving immoral sexual conduct.”
Byrd said it would expose “high levels of public corruption, cover-ups, fabrication and falsification of evidence, perjury, and unlawful detention.”
The video, which was posted five days ago and has been viewed 152 times, contains a 16-minute recording of a prison call between Byrd and the alleged victim, according to YouTube.
“It’s my position that it didn’t happen,” he said. “Don’t take my word for it. Take proof of who you want to be.”
Byrd posted another video referenced at Tuesday’s hearing. The 51-minute video had him viewed 194 times as of Tuesday afternoon. In it, Byrd surreptitiously recorded a video conference with his attorney in a federal lawsuit, Michael Derriso.
The first few minutes of the video show Byrd setting up a recording device and aiming it at a video monitor. He puts his chair to the side so he can capture the screen, takes a few seconds to set the position, and looks back at the recording device. He also appears to place a piece of paper to cover the recorder.
“I’m glad you reached out,” DeRiso said, starting the meeting.
“I’m not going to let them set me up,” Byrd said.
Afterwards, the two will discuss Byrd’s sentencing, which is scheduled for Jan. 31 in federal court.
On Friday, DeRiso filed a motion in federal court seeking to resign as Byrd’s attorney after learning the video was posted.
“Attorney-client relationships have broken down,” DeRiso wrote.
The U.S. Department of Justice objected.
“Defendant’s conduct, while unlawful and reprehensible, is hardly surprising and provides no justification for the resignation of defense counsel,” the government wrote. The intent is clear: Byrd wants to stay in Allegheny County Jail and avoid the high security prison that awaits him when he is finally sentenced.”
On Monday, DeRiso changed his mind and filed a motion to continue representing Byrd.
“I think it’s in the client’s best interest and to keep things moving forward in court,” he said Tuesday afternoon. There was nothing that affected the
Still, he added, “I would be disappointed if that happened.”
Paula Reed Ward is a staff writer for Tribune-Review. You can reach Paula at reward@triblive.com or via her Twitter. .