CANTON Arguments in the $287 million lawsuit against current and former members of the Ogdensburg Police Department by a former city man who said he was unlawfully jailed for the death of his neighbor were heard Friday morning in state Supreme Court.
Lawyers hired by the city have filed a motion to dismiss the lawsuit filed by Wayne T. Oxley, 47, formerly of 1022 New York Ave., who is seeking reparations, claiming false imprisonment and personal injury. Mr. Oxley was accused of beating his then-neighbor Bernard A. Trickey Jr. to death with a wooden baseball bat in 2005.
Named in the multimillion-dollar-suit are former Police Chief Andrew P. Wells and police officers Andrew D. Kennedy and Harry J. McCarthy. Mr. McCarthy and Mr. Kennedy both testified against Mr. Oxley during his trials. Also named in the suit are Steven M. Fisher, a detective with city police during the murder investigation, and Detective Shawn R. Shaver.
Attorney John J. Muldowney of Fischer, Bessette, Muldowney & Hunter LLP, Malone, the law firm representing the city, told Supreme Court Justice David R. Demarest that not only did Mr. Oxley file his suit against his clients too late, but he had numerous allegations relating to other individuals and entities not relevant to his lawsuit against the members of the city police department.
Mr. Muldowney added that police had probable cause to make an arrest on Aug. 30, 2005, and that there was nothing cited in policy and procedures that police didnt follow in their investigations and arrest.
Mr. Oxley, who is representing himself in the lawsuit, said he disagrees wholeheartedly.
These are all very relevant claims, Mr. Oxley told Judge Demarest. Perjury was committed by police during my trial.
Mr. Oxley said that while he agrees he might have misfiled a few claims, he felt that he was on point with his claims of having suffered personal injury and false imprisonment.
He added that he has one year and 90 days after his acquittal date to file a suit and he did so under the wire.
Mr. Oxley also said he is looking to collect on alleged violations of his civil and constitutional rights, punitive damages and a loss of wages and benefits while he was incarcerated on murder charges that couldnt hold up in court after three trials.
Judge Demarest has reserved the right to issue a written decision on whether to dismiss the case.
Mr. Oxley said he expects that decision to be a lengthy one. I lost almost seven years of my life, Mr. Oxley said. I think that is worth a little something. Its in Gods hands and the judges hands now.