The widow of the man once considered the top potential suspect in the Elizabeth Smart kidnapping is suing Salt Lake City police and the Utah Department of Corrections.
In the civil lawsuit filed Friday in federal court, Angela Ricci claims Salt Lake City police wrongfully blamed her husband, Richard Ricci, for Elizabeth's kidnapping and that the Department of Corrections ignored her husband's documented medical problems, which ultimately contributed to a fatal brain hemorrhage.
"All the focus Salt Lake City police put on Richard was done with the knowledge he was not a viable suspect," said Angela Ricci's attorney Bruce Oliver. "Richard Ricci never was a viable suspect at any point."
Ricci was arrested June 14, 2002, nine days after Smart's kidnapping, on a warrant that was granted under misleading circumstances, according to court documents. He suffered an aneurysm and fell into a coma Aug. 27 while at the state prison. He died at University Hospital Aug. 30. Ricci was never charged in connection with the abduction.
Elizabeth was found alive March 12 in Sandy. Brian David Mitchell and Wanda Barzee were charged with kidnapping her.
The lawsuit was filed on behalf of Angela Ricci and the estate of Richard Ricci. Listed as defendants are Salt Lake City Corp., including police Chief Rick Dinse and officers Don Bell, Jerry Mendez and Mark Scharman. Also listed is the Corrections Department, including Dr. Richard Garden, nurse Lewis P. Bailey, warden Clint Friel and 10 John and Jane Does.
According to court documents, city police "accused Mr. Ricci merely to satisfy the public's need to identify a suspect" in the kidnapping and to "avoid the incompetency allegations raised against the Boulder Police Department in the (JonBenet) Ramsey homicide."
Ultimately, Ricci "became the city's scapegoat," according to court documents.
Oliver said the media frenzy surrounding the case was partly to blame for the police department's actions. But the police were to blame for the way they handled the publicity and distributed information, he said.
"The police were the source of allegations. Widespread news coverage should prompt the police to use discretion (in releasing information). They should not name someone who is not a viable suspect," Oliver said. "I can't remember the last time a common burglar was profiled nationwide."
Police "wasted no time" in naming Ricci and provided statements and regular updates to the media that officers knew were false, according to court documents. Among the evidence police had that proved Ricci's innocence was a palm print, court documents state.
Salt Lake City Police Assistant Chief Scott Atkinson said Friday the department had not yet seen the suit and could not comment.
When Ricci was sent to prison on a parole violation on June 24, 2002, corrections officials "disregarded Mr. Ricci's chronic history of hypertension," court documents stated.
"An aneurysm could be caused by high blood pressure," Oliver said.
During a press conference last August, doctors at University Hospital said it was unlikely that stress brought about by the Smart ordeal contributed to his cerebral hemorrhage and that such hemorrhages could happen essentially at any time.
After Ricci's death, Angela Ricci obtained a portion of her husband's medical files from the prison and believed a portion of the records were altered to "cover up" the prison clinic's failure to maintain his medication for hypertension, according to court documents.
Neither the Department of Corrections nor the Utah Attorney General's Office, which will represent the Corrections Department, could comment on the suit Friday.
Even though Ricci had an extensive criminal history and admitted in court documents to breaking into the Smart's house and stealing items, Oliver said that did not give police proper grounds to accuse him of the kidnapping.
"I don't think his previous record comes into play at all, nor does it excuse police conduct," he said.
In responding to the timing of the suit, Oliver said Angela Ricci first needed time to heal after her husband's death. He said even though the information learned after Elizabeth was found became significant, it did not change anything in terms of the lawsuit or how Ricci was wrongfully accused.
Angela Ricci did not want to talk to the media Friday. But her spokeswoman Nancy Pomeroy said she was "deeply, deeply hurt" by the wrongful allegations directed at her husband.
"It won't bring him back, but she needs some justice," Pomeroy said. "The simple fact is Richard is never coming back. How do you compensate for that?"
E-mail: preavy@desnews.com