A former Englewood judge plans to sue the city months after being found innocent of criminal wrongdoing.
Retired municipal Judge Joseph Clark said he wouldn’t comment on the matter but a notice of claim recently received by the city shows the judge plans to sue Englewood, four court employees and a police officer.
Clark is asking for $65,000 from the city, claiming the court employees didn’t manage court records properly and they, along with police Capt. William Hollenfer, made false statements against the judge leading up to his indictment in 2003. Clark is asking the city pay him $50,000 in attorney fees from the criminal trial and $15,000 in loss of income.
Clark, along with Police Chief David Bowman and Detective Emma Jackson were indicted in 2003 on charges they illegally doctored paperwork to get a prisoner out of county jail to attend his father’s funeral. All three were acquitted by a jury late last year.
Clark stepped down from the bench shortly after being charged. Bowman and Jackson took back their jobs March 3.
The possible suit could begin another chapter of controversy surrounding a tampering case the state brought against the officials five years ago.
Police officers and other city employees took the stand last year and told a state Superior Court jury the story of three veteran public officials who conspired to do a crime — working together to do a favor for a friend by illegally releasing him from jail.
One of the city employees Clark is suing, Debbian Barr, testified against him during the trial.
Barr, a court administrator, told the jury that she "did exactly what Clark told me to do," and altered a warrant to reflect that the prisoner, Lloyd Fields, owed the city money and had to appear in court on a Saturday, March 8, 2003.
But court was closed that day and the three officials intended on bringing Fields to a funeral instead, Barr said.
"You lied to the woman at the jail when you told her there was court at 5 a.m. on Saturday?" Jackson’s attorney Joe Afflito asked Barr.
"Yes, it was a lie. Judge told me to say it," Barr responded.
Barr told her version of what led up to the prisoner’s alleged illegal release- claiming Clark, Bowman and Jackson called her repeatedly and told her that she needed to do anything she could with court documents to get the prisoner in their custody because the county jail wouldn’t release him.
"The judge told me to write contempt," on the warrant, Barr said.
Clark directly refuted Barr’s claims, arguing that he believed he could get the prisoner out of jail because Barr told him court records showed the prisoner owed the city money.
Clark said he believed Fields was in contempt of court so he was still the city’s prisoner.
Clark said he knew the prisoner wouldn’t be appearing in court and would be going to a funeral with the police.
In the end, the jury sided with Clark and found all three officials innocent of tampering and falsifying the paperwork.
Hollenfer, who is also being sued, defiantly denied that he told any lie about the officials or their actions leading up to the prisoner’s release.
Hollenfer and former Englewood officer now an assemblyman, Gordon Johnson, initially brought the evidence they had against the officials to the attention of state investigators.
"None of the statements I made were false and I could back every single one of them," Hollenfer said.
