MARLBOROUGH
-- Eric Sarsfield, the former Marlborough
man who spent a decade in prison for
a crime he did not commit, will receive
$2 million from the city in a settlement
announced last night. The
settlement ends a three-year federal
civil rights battle that could have
brought the city to bankruptcy. Sarsfield
sued the city, as well as several
former Marlborough Police officers
who investigated him in 1986, for
$10 million.
In
his lawsuit, Sarsfield claimed police
officers unfairly targeted him as
a rape suspect, pressured the victim
into identifying him as her attacker,
ignored details that suggested his
innocence, and, in the case of one
officer, fabricated evidence on the
eve of the trial. The city denied
the claims. In
a special City Council meeting last
night, councilors approved the transfer
of the $2 million -- $600,000 from
the health care fund and $1.4 million
from the city's stabilization fund
-- to pay Sarsfield.
"(The
settlement) puts to end...a very difficult
period in the history of the city
of Marlborough," said former
City Solicitor James Agoritsas. "(It)
is a fair and equitable settlement
for both sides." Agoritsas
had stayed on as the city's legal
counsel during the transition with
current solicitor Donald Rider. Mary
Jo Harris of Morgan Brown & Joy
of Boston has been the city's special
counsel for the Sarsfield case. In
the agreement, the city also assigned
rights to Sarsfield to pursue action
against Marlborough's insurance companies,
Agoritsas said. Two years ago,
the city discovered it did not have
the proper insurance to cover legal
fees or any settlements arising out
of the federal civil rights suit filed
by Sarsfield. "We
examined all our policies. We have
chosen not to proceed" in going
after the insurance companies, he
said. "The plaintiff is of the
opinion there is coverage available."
A
different outcome, especially going
to trial, could have been detrimental
to the city's financial situation,
Agoritsas said.
A
jury may have awarded tens of millions
of dollars to Sarsfield, he said.
And with the magnitude of the lawsuit,
the case could have gone through numerous
appeals and possibly to the U.S. Supreme
Court.
"That
would have rendered the city bankrupt,"
Agoritsas said. "The settlement
is definitely in the best interest
of the taxpayers.
The
agreement will not raise taxes with
the money coming from the health care
fund and the city's stabilization
account.
Mayor
Nancy Stevens said the $600,000 transfer
from the health care fund is a portion
of what the fund owes the city. In
December 2003, the city had to fix
a $4 million deficit in the health
care fund by shifting money from several
other accounts.
The
city's legal defense came at a total
price of about $400,000, Agoristsas
said.
Last
year, Sarsfield received $500,000
from the state under a new law to
compensate people imprisoned for crimes
they did not commit. In an interview
then, Sarsfield said the state settlement
meant a lot to him, but was not the
same thing as an apology.
"We
are very understanding of the pain
that he went through," Agoritsas
said. "We are of the opinion
that the police officers involved
in the case did nothing wrong.
"We
feel for Sarsfield. We are sorry he
was in the wrong place at the wrong
time," Agoritsas said. "We
hope this brings closure to the case
with Mr. Sarsfield. I know it brings
closure to the police officers."
(Michelle
Muellenberg can be reached at 508-490-7453
or mmuellen@cnc.com)
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