A Highland woman who refused to testify against her husband for an alleged rape and then was charged with giving false information to police is suing three Highland police officers.
The woman, identified in court documents as "K.D.," charges she was "unlawfully arrested by the defendants without probable cause, who thereafter tried her for the alleged criminal violations for a purpose other than to bring criminal conduct to justice, on which charges she was thereafter acquitted," according to the lawsuit. K.D.'s attorneys filed the lawsuit in 4th District Court Friday.The suit names Alpine and Highland cities as well as officers Shaun L. Birkinshaw, Kim T. Collins and David McManus of the Alpine/Highland Police Department. It alleges the officers falsely arrested and imprisoned the woman and engaged in "malicious prosecution" while violating K.D.'s rights. The lawsuit seeks a restraining order against the three officers and unspecified damages for K.D.
On May 8, 1996, K.D. was allegedly raped and beaten by her husband, V.J. Daley, at their home in Highland. She escaped to a neighbor's house, and her husband barricaded himself inside their home when police arrived.
V.J. Daley escaped from the home and led police on a high-speed chase from Highland to Provo. He was caught and booked into the Utah County Jail and was later charged with driving under the influence, evading a police officer, failing to stop at an accident, rape and aggravated assault.
A little more than a month later, K.D. accompanied her husband while he appeared in 4th District Court for a hearing on the charges. At the hearing, K.D. indicated her desire not to testify against her husband.
On June 21, 1996, K.D. was arrested by Burkinshaw for giving false information to a police officer on May 8 and 9 regarding the alleged rape and assault by her husband. She pleaded not guilty to two misdemeanor charges and stood trial in July before being acquitted, the suit asserts.
K.D.'s attorneys have suggested the actions of the police officers in arresting and charging her were retaliation for her refusal to testify against her husband.