Both sides seek to present new evidence in DiPietro case

Attorneys for Miami Twp. Trustees have asked to present additional evidence in former Deputy Police Chief John DiPietro’s administrative appeal, echoing that part of a motion from DiPietro’s lawyer.

Richard Lipowicz, DiPietro’s attorney, asked Montgomery County Common Pleas Court Judge Michael Krumholtz for a judgment two weeks ago in part because township officials did not submit a full transcript of DiPietro’s disciplinary hearings as required by law.

Township officials said “human error” was to blame for the record button not being hit on the first of four days of testimony in executive sessions behind closed doors.

In two responses to Lipowicz’s motion, the law firm of Surdyk, Dowd & Turner argued against a judgment on the pleadings for DiPietro and said that the remedy for the incomplete transcript is to allow both parties to present new evidence in court.

About the Author