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Rivers casino security footage in custody case

Two women file lawsuits

With allegations of wiretapping and security footage misuse at Rivers Casino, a duo of lawsuits filed in Allegheny County last week appear to tell the backstory of an ongoing custody dispute in Butler County.

Holdings Acquisition Company, a company that does business as Rivers Casino in Pittsburgh, is being sued, as are Dennis McCurdy, an attorney in Harmony, and Scott Scherer, an Allegheny County police officer. Three unnamed casino employees are also included.

Two women, Hayley Clerici and Julie Capone, filed the suits.

The lawsuits claim that McCurdy, in representing Scherer during custody negotiations with Scherer’s ex-wife, Clerici, subpoenaed video surveillance footage of Clerici and anyone accompanying her at the casino on Sept. 21 and 22 as part of Clerici and Scherer’s custody case regarding their son.

But the casino, the suits allege, turned over footage from Oct. 28, more than a month after the subpoenaed date. That day, Clerici and Capone, an Allegheny County assistant district attorney, were at the casino together.

The women say the attorney and police officer used the ill-gotten casino security camera footage to spy on their cellphones. They claim casino staff handed over the footage to McCurdy, who passed it along to Scherer, sometime in late 2017.

After receiving footage of Clerici and Capone’s texts from McCurdy, Scherer “disclosed some or all of Plaintiff’s messages to persons in Allegheny County and/or elsewhere in order to ridicule an/or embarrass Plaintiff in light of the sensitive and private nature of her messages and/or emails,” Capone’s lawsuit reads.

On Nov. 7, Scherer submitted a petition for emergency relief from abuse for his son, Butler County family court records show. It was withdrawn later that month, and both Scherer and Clerici (called Hayley Baker in custody documents) agreed to new custody terms.

Cleric was required to have Scherer’s permission to change residences. Neither was allowed to have overnight guests if their child was there, and they couldn’t take the child to the home of someone with whom they were romantically involved.

The two women claim the incident violated Pennsylvania’s Wiretap Act and their privacy, and they allege the defendants intentionally caused emotional distress.

Doug Harbach, a spokesman for the Pennsylvania Gaming Board, said the board couldn’t comment on the matter or confirm whether its Bureau of Investigations and Enforcement would be or are investigating the incident. He said “no request for action by the Gaming Control Board has ever been presented over this type of surveillance issue at a casino involving the Wiretapping and Electronic Surveillance Control Act.”

Harbach provided copies of video surveillance policies for Pennsylvania casinos. Security systems are required to include cameras with “360 degree pan, tilt and zoom capabilities” and wield enough precision to monitor cash and chips being moved and the outcome of games.

McCurdy could not be reached for comment, and the plaintiff’s lawyers did not respond to a call for comment Thursday.

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