PHILADELPHIA – Two police defendants are seeking a stay from their involvement in the civil rights violation case of a man who argues he was erroneously convicted of three murders, for which he served 28 years in prison – since they feel their testimony may be used against them in another criminal case.
Theophalis “Binky” Wilson first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on May 4 versus the City of Philadelphia, Philadelphia Police Department and numerous retired police officers and attorneys who assisted in his prosecution.
On Sept. 25-26, 1989, three individuals, Kevin Anderson, Gavin Anderson, and Otis Reynolds, were shot and killed within a two-mile radius of each other. During the initial investigation of these murders, officers determined that the victims were all likely associated with the Jamaican Shower Posse, a gang that was feuding over drug territory with another operation, the Junior Black Mafia.
However, no suspects were arrested for two years. Subsequently, an informant named James White was allegedly coerced into implicating plaintiff in these murders, including by providing Wilson’s name and identifying him in a series of photographs. As a result of James White’s identification and allegedly no other evidence, Wilson was convicted of the trio of murders.
According to Wilson, 23 individuals and/or entities were individually and collectively responsible for his alleged wrongful prosecution, conviction and incarceration.
Defendants former Det. Frank Margerum, former Det. Richard Harris, former Officer Kevin Hollinshead and the City of Philadelphia moved to dismiss Wilson’s amended complaint on Feb. 7, finding that few paragraphs of Wilson’s 330-paragraph filing pertained to them in any way.
“At the outset, plaintiff’s claims against defendants Frank Margerum and Kevin Hollinshead, fail for the simple reason that he fails to allege sufficient facts to establish the defendants had personal involvement in any of plaintiff’s alleged harms. Beyond that, a myriad of the claims that plaintiff seeks to bring against the officer defendants are legally insufficient. For the federal claims, the officer defendants are entitled to qualified immunity on many of them because the allegedly violated constitutional right was not clearly established at the time of the investigation and prosecution at issue in this case,” the dismissal motion stated.
“Notably, plaintiff cannot pursue his malicious prosecution procedural due process, his withholding of evidence, his inadequate investigation, or his failure to intervene claims against the officer defendants because the constitutional rights animating those claims were not clearly established at the time of the investigation and conviction, and the defendant is thus entitled to qualified immunity. For the state claims, one of the two claims brought against the officer defendants, that of intentional infliction of emotional distress, is barred by the applicable statute of limitations.”
The City felt that the claims levied against it should too be dismissed, on similar grounds.
“Turning to plaintiff’s claims against the City, many of those fail for the same reasons. In particular, the City cannot be liable under a Monell theory for alleged violations of constitutional rights that were not clearly established at the time of the identified harm. And while the City is named as an inclusive defendant in counts I-III for alleged constitutional harms, the City cannot be liable for those claims other than through the Monell claim pled in count VII,” per the motion.
“To the extent Counts I-III are brought against the City, they should be dismissed. Turning to the state law claims, under the Pennsylvania Political Subdivision Tort Claims Act, the City cannot be held liable for the alleged intentional torts. Counts VIII and IX should thus be dismissed as a matter of law.”
UPDATE
Defendants Jastrzembski and Santiago filed a motion to stay their involvement in the action on March 2.
“On Aug. 13, 2021, defendants Jastrzembski and Santiago were indicted and charged with perjury and false swearing in connection with murder charges brought against Anthony Wright, who was convicted of murder allegedly based on a coerced confession, and alleged false testimony by the defendants regarding evidence. Plaintiff’s complaint specifically references the Anthony Wright matter as evidence in support of his Monell claim against the City of Philadelphia. The charges against moving defendants in the Wright matter remain pending with a preliminary hearing scheduled for April 12, 2022,” the stay motion said, in part.
“Due to the overlapping nature of the claims asserted by plaintiff Wilson in this matter and the allegations at issue in the Wright matter, there is a substantial risk that the District Attorney’s office may attempt to utilize any statements moving defendants may make in this matter against them in the Wright matter. Thus, defendants Jastrzembski and Santiago will be unable to offer any testimony or statements (including answering the complaint) with respect to the pending matter without potentially violating their Fifth Amendment rights. Likewise, it is expected that both the plaintiff and the City of Philadelphia will wish to take discovery from moving defendants with respect to the Wright matter, as the Wright matter is pled as affirmative evidence in support of plaintiff’s Monell claim. Clearly, moving defendants will be unable to offer any testimony with respect to the Wright matter due to the pending criminal proceedings against them.”
Therefore, defendants Jastrzembski and Santiago respectfully request a partial stay of their involvement here, until the resolution of the criminal charges against them in the Wright matter – which they say will allow all parties to proceed with discovery as to all other defendants and matters, while simultaneously protecting the moving defendants’ Fifth Amendment rights.
The plaintiff is represented by Alana M. McMullin, Kimberly K. Winter and Michael J. Abrams of Lathrop & Gage in Kansas City, Mo., plus Francesco P. Trapani of Kreher & Trapani, in Philadelphia.
The defendants are represented by Danielle E. Walsh of the City of Philadelphia’s Law Department and Joseph J. Santarone of Marshall Dennehey Warner Coleman & Goggin, both also in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 2:21-cv-02057
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com