nmate sues Kirtland police
Tracey Read
TRead@News-Herald.com10/23/2007
A former North Perry Village man has filed a multimillion dollar lawsuit in federal court, claiming Kirtland police officers assaulted him during an interrogation and then erased tape of the incident.
Richard Liddy Sr., 47, was set to go on trial in March 2006 on charges of possessing ingredients used to make methamphetamine.
On Oct. 26, 2005, Liddy's 1989 Buick Park Avenue was stopped by a Kirtland officer for expired license plates.
Inside the vehicle were an array of materials commonly found in meth, according to court records.
But Lake County Common Pleas Judge Eugene A. Lucci said he was forced to dismiss the charges before the trial began because of several irregularities, including a 51/2-hour police video that contained four minutes of missing tape.
Liddy is now asking U.S. District Judge Donald C. Nugent for a jury trial to determine whether police are guilty of misconduct.
The defendant, who is representing himself, is claiming the following, according to his lawsuit filed last week:
Liddy was held for six hours at the jail. A dispatcher began recording his interrogation when Liddy invoked his right to be silent and right to an attorney.
While in his cell, four officers "repeatedly attempted to force (Liddy) to answer their questions. When (Liddy) refused to speak, defendant(s) began to use force, hitting and striking plaintiff's body and threatened him with severe bodily harm if he refused to cooperate."
Liddy claims he was restrained and handcuffed and thrown on the floor, as the officers took turns hitting and punching the back of his head and body while he screamed.
Liddy said he was not offered medical treatment, and has continued to suffer mental and physical pain, including flashbacks, sleeplessness and nightmares.
"Plaintiff was an innocent man and was a victim of malicious and vindictive prosecution," he stated in the suit.
Liddy is asking for his car and money back and a public apology.
He is also seeking $500,000 from Kirtland Police Chief Wayne Baumgart, plus $1.8 million from each of the four officers he claims attacked him.
Baumgart said he could not comment on pending litigation.
Kirtland Law Director Daniel F. Richards did not immediately return a phone call seeking comment.
Liddy is currently in the Lake Erie Correctional Institution in Conneaut. Less than one month after his possession case was dismissed, Liddy was convicted on charges that he operated a meth lab in the county.
Lucci sentenced him to eight years in prison on that case.
Prosecutors said he was known on the streets as "Pops" and was the leader of a "family" that made and sold methamphetamine.
Lake County Narcotics agents raided two rooms at a Perry Township motel and found equipment used to make meth.
Liddy was located in a room next to the one where most of the equipment was found, according to the agents.
