Accused Arsonist Sues Police Who Seized His Yacht for 23 Months Without Filing Charges
Longtime boater Charles Richards claims police and fire officials led people to believe he set his own yacht on fire, despite never charging him with a crime. Authorities held the vessel for nearly two years. Richards has filed a suit for monetary damages.
June 12, 2019 at 03:44 PM
3 minute read
A 73-year-old Massachusetts man, whose 40-foot yacht was seized and held for 23 months amid suspicions he had set fire to it to collect on the insurance, has filed a federal lawsuit against Connecticut officials.
Charles Richards filed his lawsuit Tuesday in the U.S. District Court for the District of Connecticut. He names eight defendants, including police and fire officials from Old Saybrook and neighboring East Lyme. Richards claims that after a caller reported a fire in his yacht's cabin in June 2017, police seized the 2006 Formula 400SS yacht from Between the Bridge Marina in Old Saybrook, where it was on land, and towed it to an impound lot.
The vessel is worth about $200,000, according to Bridgeport-based solo practitioner Robert Berke, who is representing Richards.
Berke told the Connecticut Law Tribune Wednesday police returned the yacht to Richards, a longtime boater, in the middle of May, about 23 months after they had seized it. No cause for the fire was determined and Richards was never charged.
The fire damage was largely contained to the cabin. The damage to Richard's reputation, though, was far-reaching, Berke said.
“They accused him of setting fire to his own boat,” said Berke, who is seeking unspecified monetary damages for his client. “They accused him of arson, but he was never arrested. People at the marina were told he burned his boat, and that harmed his reputation.”
While the yacht was seized in June 2017, a search warrant was not executed until November 2017, Berke said.
“They were not supposed to go on the yacht without a search warrant,” he said. “So I'm surprised they waited so long to get a warrant.”
Old Saybrook Town Attorney Michael Cronin said counsel for the municipality's insurer, Connecticut Interlocal Risk Management Agency, will handle the suit. Bruce Clinger, claims program manager for CIRMA, had no comment Wednesday.
Representing the town of East Lyme are New London-based Waller Smith & Palmer attorneys Tracy Collins, Mark Zamarka and Edward O'Connell Jr., who said he had not had the opportunity to review the suit with town officials.
Meanwhile, Berke said Richards' previous counsel, Brian DeBlasiis in Madison, had made numerous requests to law enforcement to return the vessel to Richards during the 23-month period, but to no avail.
The suit also alleges officers “published false police reports to third parties, including marina staff, their superiors, other investigators, state prosecutors and insurance company personnel.”
“They claimed he made an insurance claim for the fire, but prior counsel said he did not do that,” Berke said. “Based on what the prior lawyer told me, and based on my review of the search warrant, they fabricated that.”
The eight-count lawsuit alleges unlawful seizure, negligent infliction of emotional distress, two counts of deprivation of property, libel, libel per se, slander per se, and Frank violation or reporting of a false affidavit.
Judge Kari Dooley is scheduled to hear the case.
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