SALAMANCA
Two teens sue city over arrests in rape case
Published: February 10, 2010, 12:30 am
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SALAMANCA — Two teenagers who saw rape charges against them dismissed have filed a claim in State Supreme Court against the City of Salamanca, the city Police Department and Sgt. Ronda Stanton.
Joshua J. Kinder and Shane M. Gogel, both 18, were indicted Feb. 19 on charges of first-and third-degree rape and third-degree assault for an incident in December 2008 at Hillview Homes in Salamanca, where they each said they had consensual sex with an 18-year-old woman.
Last June, Cattaraugus County Judge Larry M. Himelein dismissed the indictment, further calling grand jury testimony from Salamanca Police Officer Stanton “untrue” and that it “prejudiced” the grand jury.
Two months later, their case was again presented to a grand jury, which declined to issue an indictment.
The two were then released from the county jail after being held for 175 days in lieu of $10,000 bail each.
The lawsuit was filed last week with the Cattaraugus County clerk’s office by the teens’ attorneys, Sugarman Law Firm LLP of Syracuse.
No monetary claim is stated, but the lawsuit list several causes of action: “Despite the absence of probable cause, the malicious prosecution of plaintiffs was deliberately, negligently and recklessly orchestrated by Sgt. Ronda Stanton and defendants’ failure to properly consider evidence from a material witness.”
The lawsuit is seeking a money judgment and punitive damages, costs and disbursements, alleging the two suffered from, among several factors, time in jail, personal injuries, loss of income and humiliation.
The lawsuit has been turned over to the city’s insurance carrier.
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