Wiretap case nets trooper $500K

By Terrie Morgan-Besecker tmorgan@timesleader.comLaw & Order Reporter

WILKES-BARRE – A Pennsylvania state police trooper who claimed a phone conversation with a supervisor was illegally recorded without his permission has been awarded more than $500,000 in damages by a federal jury.

Mario J. Diana was awarded $262,126 in compensatory damages for invasion of privacy and unlawful seizure, and $238,878 in punitive damages against Carmen Altavilla, former commander of Troop P in Wyoming, and Lt. Willard Oliphant. The jury rendered the verdict late Thursday afternoon following a four-day trial before U.S. District Judge A. Richard Caputo in Wilkes-Barre.

Diana filed suit in 2005, alleging Altavilla ordered Oliphant to tape a phone conversation in which Oliphant advised Diana, who was off on a workers’ compensation claim, that he was being ordered to return to work.

The suit alleged the men made the recording in an attempt to entrap, distort or otherwise create an impression that Diana was not hurt so that he would be discouraged from continuing with his compensation claim.

Diana, who is now assigned to the Gibson barracks, claimed he was never advised the conversation was being recorded, which violates state and federal wiretap laws. State police maintained there was an intermittent beep that sounded on the line that should have alerted Diana the conversation was being taped. Diana insisted he heard no such beeping.

Donald Bailey of Harrisburg, Diana’s attorney, said Friday the jury’s verdict shows the claims of the state police were not credible.

“It was very clear that not only is Mr. Diana an honest fellow, but that the actions of defendants, Altavilla and Oliphant, were illegal and that they knew they were doing something wrong in wiretapping him without his permission,” Bailey said.

Bailey said Altavilla, who is now retired, and Oliphant, a captain with the state police internal investigations unit in Harrisburg, were never charged with violating wiretap laws.

Bailey said that as far as he knows, no disciplinary action was taken against either man. He said he does not expect state police will take any action against Oliphant, despite the verdict.

“I think they’re in denial,” Bailey said. “What they did was wrong. The jury heard all the evidence and agreed.”

Jack Lewis, a spokesman for the state police, said he could not comment on whether disciplinary action was or would be taken. Lewis said attorneys are reviewing the case to determine whether to file an appeal. He declined further comment.

Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179