Original Article
Lovelace sues foes from trial
Josh Kelley
The Arizona Republic
Oct. 2, 2004 09:05 PM
Former Chandler police Officer Daniel Lovelace and his wife, Tricia, have filed suit against numerous officials from Chandler and Maricopa County involved in the prosecution of his criminal case.
The civil suit, which demands $1 million in compensation, was submitted to Maricopa County Superior Court on Wednesday, only two days before Lovelace's hearing for reinstatement in the Chandler Police Department began Friday.
"I find the timing to be interesting to have it filed at the same time that the hearing has begun," Chandler Mayor Boyd Dunn said Saturday. advertisement
Among the 19 defendants named are Dunn, County Attorney Rick Romley, and almost everyone from the Chandler Police Department involved in Lovelace's criminal prosecution.
Defendants said they first learned of the suit Friday.
In July, a Maricopa County Court jury found Lovelace not guilty in the shooting death of prescription-drug suspect Dawn Rae Nelson of Ahwatukee Foothills.
Chandler police had previously fired Lovelace after an internal investigation into the shooting.
In his retaliatory suit, Lovelace named no attorney to represent him.
"That will be revealed at a later date," he said in a phone interview Saturday. "Any citizen out there has the right to represent themselves when they're seeking a charge."
Bill FitzGerald, spokesman for the County Attorney's Office, said he could not comment because Lovelace named Romley and the county as defendants.
Prosecutors are immune from lawsuits over statements made in court, a fact Lovelace said he recognized.
"Testimony to the media is not covered," Lovelace said.
In the suit, he criticizes defendants for a "total disregard of their oath to 'seek the truth' " and for making him "the brunt of all that is un-sacred in society."
He alleges that police officers and attorneys violated his Miranda rights when prosecutors, in court, used an interview that was conducted by two Chandler detectives with Lovelace shortly after the shooting.
Lovelace also criticized police and county officials for "defaming and slanderous statements to the public, the media and in public forums . . . prior to and immediately after the criminal proceedings were completed. . . . "
Reporter Jim Walsh contributed to this article.
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