Lawsuit text online
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PLATTSBURGH — A Plattsburgh man has filed a $5 million lawsuit against Clinton County, the City of Plattsburgh, local prosecutors and police, alleging malicious prosecution and violations of his civil rights.
Lake Placid attorney Matthew Norfolk confirmed this week that Dwane Clay, 43, is suing a number of local agencies and officials relating to his November 2007 arrest following a stabbing outside a downtown nightclub.
NO DNA LINK
Clay was the prime suspect in the early morning attack on Gary Desir, who was stabbed three times outside the former Tabu Night Club on Margaret Street when a group argument turned violent.
Within two days of the stabbing, Clay, who has a lengthy misdemeanor criminal record, was arrested for first-degree assault and weapons possession and jailed on $25,000 cash bail or $50,000 bond.
Plattsburgh City Police and City Court documents indicated that Clay was arrested based on witness statements and other evidence collected during the initial investigation.
After two grand-jury indictments and a series of legal delays, Clay continued to maintain his innocence and refused to accept a plea agreement.
Shortly before the case was dismissed, forensic testing showed that Clay's DNA was not recovered from the weapon that was found outside the nightclub.
LAWSUIT CLAIMS
More than two years later, Clay has filed a federal suit, alleging a number of violations of his rights, including that Clinton County District Attorney Andrew Wylie and City Police detectives coerced witnesses, unlawfully detained him and arrested him without probable cause.
He also alleges that authorities threatened him with physical harm and decades of incarceration if he didn't admit to the crime.
He also alleges that prosecutors intentionally delayed the case in ways that were in violation of ethical and professional standards.
The suit also names the Clinton County Sheriff's Department, where he remained jailed on bail and bond for about seven months before a motion was filed on his behalf to dismiss the charges.
A judge dismissed and sealed the case after prosecutors filed a response "admitting there was no inculpatory evidence existing in the case," the lawsuit alleges.
DA RESPONDS
District Attorney Andrew Wylie and the others named in the suit plan to fight the allegations.
Wylie said authorities had probable cause and eyewitnesses, and he feels "the police completed a thorough investigation."
As for the allegations that Clay was held on excessive bail, Wylie noted that prosecutors requested the amount but that a judge granted it and denied subsequent request for bail reductions.
He pointed out that separate grand juries returned the charges against Clay.
Wylie acknowledged that the first indictment was dismissed due to a lack of prosecution notice to the defendant about the proceeding.
Wylie said he was not at the Police Station during the initial questioning, as the lawsuit claims, and noted that prosecutors had no control over the timing of the DNA tests, which often take several months to be finalized.
'GOOD FAITH'
Clinton County Administrator Michael Zurlo referred calls seeking comment about the lawsuit to Tom Murphy, the attorney handling the case for the county's insurance carrier, who did not return a Press-Republican message Wednesday.
The city's insurance-carrier attorneys will defend the case, but Corporate Counsel John Clute said he does not believe there is any liability on the city or its employees.
After reviewing the lawsuit, Clute said he believes authorities "acted in good faith" during the investigation and Clay's arrest.
Norfolk declined to elaborate on the allegations, citing the early stages of the case.
"Everything we have to say about this so far is contained in the complaint," he said Wednesday.
Clay, who has been advised not to discuss the case publicly, was the only person ever charged for the stabbing.
E-mail Andrea VanValkenburg at: avanvalkenburg@pressrepublican.com
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