John Pirro
DANBURY -- An attorney
representing a woman facing auto theft charges in Stratford claims that Danbury
police negligence is the reason his client was wrongly arrested.
Michael Bradley, a Norwich
attorney specializing in police misconduct cases, has filed a notice of intent
to sue the city on behalf of Rachel O'Rourke, 29, of East Starrs Plain Road.
"It's like a bad
dream," Bradley said. "She is absolutely in the right, and she did
everything she could under the circumstances."
According to the Stratford police
arrest warrant affidavit, O'Rourke rented a car from Enterprise and didn't
return it, owing the company $2,223. O'Rourke told them the car had broken down
and been towed in Danbury.
But when Stratford police
called Danbury police to verify her story, they were told there was no record
of the towing, Bradley said. She was charged in December with third-degree
larceny.
The charge is still pending in
state Superior Court in Bridgeport, even though a second records check by
Danbury police confirmed that they had in fact ordered the car towed and that
it had been in the possession of the towing company when Stratford police
inquired about it, Bradley said.
Under state law, when a person
contemplates a lawsuit against a municipality, notice of intent to sue must be
given within six months, Bradley said. O'Rourke's notice was received by the
town clerk June 12, two days before the deadline.
Assistant Corporation Counsel
Les Pinter said the matter has been referred to the city's insurance carrier
for review.
When the suit is filed,
O'Rourke will seek damages for false arrest, false imprisonment, emotional pain
and suffering and financial damages for "loss of time because she had to
attend court repeatedly," Bradley said.
A Danbury police spokesman said
this week he had no knowledge of the incident.
Court records indicate that
prosecutors in Bridgeport have offered O'Rourke a suspended sentence with three
years of probation. Her next court date is July 17.
