Ogdensburg Wants Oxley's $170M Lawsuit Dismissed
The lawyer for the city of Ogdensburg and some current and former members of its police department is asking the court to dismiss a $170 million civil lawsuit filed by Wayne Oxley.
Court documents show Oxley is alleging numerous civil rights violations in connection with a 2005 drug-related murder he was eventually acquitted of.
It has been 17 months since Wayne Oxley walked from the courtroom a free man - acquitted by a jury after a third murder trial in the August 2005 beating death of his Ogdensburg neighbor Bernard Trickey Jr.
Oxley spent nearly five years in prison and St. Lawrence County Jail in connection with the alleged murder.
His original conviction was thrown out by a state court while a second trial ended in a hung jury.
In May, Oxley officially filed a $170 million civil lawsuit against the city of Ogdensburg and several of its police offers alleging numerous civil rights violations.
Court papers allege "intentional and malicious false arrest, prosecution and incarceration".
The attorney representing the city says Oxley's lawsuit contains "scandalous, inflammatory and prejudicial language " and has filed a motion asking the court to dismiss the lawsuit.
"There's also a provision in our motion that if the complaint isn't dismissed, that some of the inflammatory language be redacted or deleted," said attorney John Muldowney.
In an e-mailed statement, Oxley told us, "This entire process from that horrific day of my experience, up to and including my three trials, which ultimately led to my acquittal, have been devastating to myself, my family and my friends."
He says he hopes "someday I will be completely exonerated in the court of public opinion: and the people of St. Lawrence County and Ogdensburg, in particular, will know that their rights will not be trampled upon like mine were."
Arguments are scheduled to be heard September 13 in state Supreme Court.