A New York City resident who was found not guilty of
indecent exposure, lewdness, and child endangerment charges in July 2012, is
suing Englewood Cliffs police in federal court.
On July 19, Michael Telzer, 56, who is representing himself,
filed a lawsuit alleging false arrest, wrongful imprisonment, malicious
prosecution, witness and evidence tampering, withholding of exculpatory
evidence and violation of due process.
The borough, Police Chief Michael Cioffi, Lt. William
Laraia, Sgt. Daniel Morrisey, and officers Gerald McDermott, David Hill and
Ronald Waldt are all named as defendants.
On July 14, 2011, Telzer was charged with lewdness and
endangering the welfare of a child after, police said, a mother called 911 to
report a man allegedly exposing himself on the Witte Field walking path on
Johnson Avenue.
According to The Record, Cioffi issued a press release the
following day describing an alleged incident in which a woman claimed Telzer
exposed himself to her 6- and 9-year-old daughters.
According to Telzer's lawsuit, the initial charges brought
up against him stated that his "zipper was down and pants were
unbuckled."
According to the court filing, police collected a paper
towel found in a waste basket at the park for testing — which came back
negative for Telzer's DNA.
The lawsuit also states the officer who testified at the
Telzer trial said he never saw him expose himself.
Telzer alleges evidence was withheld via recording from a
police car camera that allegedly provided exculpatory evidence — evidence that
would be in Telzer's favor — but it was never given to prosecutors. The video
allegedly includes portions of the woman's initial statements.
Furthermore, according to the lawsuit, Cioffi allegedly
ordered Deputy Chief Michael McMorrow to change the report he filed of Telzer's
2011 arrest — a report that, the lawsuit claims, concluded "Telzer did not
engage in any suspicious activity and had merely been jogging."
