May 24--OGDENSBURG -- Wayne T. Oxley Jr. has filed a $23.8 million notice of claim against the city of Ogdensburg and its police department for his 2005 arrest in the murder investigation of Bernard A. Trickey Jr.
City officials confirmed they have been served with the claim, but the city attorney did not return phone calls seeking comment.
The notice of claim is not a lawsuit, but a required notice that a lawsuit is in the works.
Mr. Oxley was accused of beating his neighbor Mr. Trickey to death with a wooden baseball bat in 2005. He was convicted of second-degree murder in 2006 but an appellate court sent the case back for retrial. A second trial ended with a hung jury. In his third trial, in February, a St. Lawrence County Court jury acquitted him.
In the 14-page notice of claim, Mr. Oxley named 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.
According to the claim, Mr. Oxley was falsely arrested and imprisoned. He claims he was the victim of police brutality and abuse of process.
He is seeking $14,250,000 for emotional suffering and loss of family contact while he was imprisoned, and $142,500 for loss of wages. He is asking for an additional $9.5 million for pain and suffering.
"I really believe that the police knew they arrested the wrong man, but it was obvious they didn't care," Mr. Oxley wrote.
He listed more than 40 different injuries ranging from loss of economic opportunity to total deprivation of all personal freedoms.
Mr. Oxley declined to comment on the filing.
He said last week he was in the process of filing a $13 million claim against the state.
Copyright 2012 - Watertown Daily Times, N.Y.
