Northern New York Newspapers
Watertown
Ogdensburg
Massena-Potsdam
Lowville
Carthage
Malone
NNY Business
NNY Living
NNY Ads
Wed., Nov. 26
SUBSCRIBE
Serving the community of Ogdensburg, New York
30°F
Related Stories

Former Ogdensburg man awaits judge’s decision on multimillion-dollar lawsuit against city

PREV
NEXT
ARTICLE OPTIONS
A A
print this article
e-mail this article

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 the law firm representing the city, Fischer, Bessette, Muldowney & Hunter LLP, Malone, told state 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.

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 didn’t 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 couldn’t 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. It’s in God’s hands and the judge’s hands now.”

Commenting rules:
  1. Stick to the topic of the article/letter/editorial.
  2. When responding to issues raised by other commenters, do not engage in personal attacks or name-calling.
  3. Comments that include profanity/obscenities or are libelous in nature will be removed without warning.
Violators' commenting privileges may be revoked indefinitely. By commenting you agree to our full Terms of Use.
Giveaway
Syracuse Football Tickets Giveaway
Connect with Us
OGD on FacebookOGD on Twitter
Tuesday 's Covers