For a free consultation with an experienced criminal defense attorney, please call the offices of Maya Murphy, P.C. today at (203) 221-3100 or Joseph C. Maya, Esq. at JMaya@Mayalaw.com.

Pedro Martinez of Bridgeport has the misfortune of having the same name as a wanted man out of Texas, a coincidence which allegedly led Bridgeport police to detain him three times. The last time, Martinez was reportedly held in custody for four days before the mistake was cleared up.

Martinez filed a complaint in U.S. District Court recently against the city of Bridgeport and officials involved in his arrest, claiming his rights were violated. Attorney Robert M. Berke of Bridgeport, who represents Martinez, called what transpired “completely avoidable.”

“The first two times, they saw he didn’t have the Texas man’s tattoos, and figured out they had the wrong guy,” Berke said. “This time, when he told them they had the wrong person, they didn’t want to hear it. My client was assuming they would research it and let him go. Instead, they ignored him, and it wasn’t until he got to court days later that he was released.”

Av Harris, a spokesman for the city of Bridgeport, did not immediately provide a comment on the litigation. The city had not filed any response to the complaint in court as of May 12.

According to Berke, police could have easily determined his client wasn’t the wanted individual by comparing his fingerprints, or as they had in the past, by checking him for the wanted man’s tattoos. “My client chose to pursue this claim because this [third] time, he was held in custody,” Berke said. “He was sitting there, fearing he would be sent to Texas. He just wants it to stop.”

On Aug. 21, 2015, a Friday, police were in possession of an alert to be on the lookout for the Texas man, when Officer Mark Martocchio arrested Connecticut’s Martinez on a public street in Bridgeport. Martinez was processed, fingerprinted and photographed. He advised several officers that he had never been to Texas and that he had previously been detained for the same warrant, according to the lawsuit.

“The defendants refused to compare the defendant’s fingerprints with the fingerprints of the person wanted on the fugitive warrant,” the lawsuit alleges.

Martinez was held in custody over the weekend and presented to court on Monday, Aug. 24. After he professed his innocence to his legal counsel, an investigator in the State’s Attorney’s Office, Kevin Hammell, reviewed Martinez’s fingerprints and concluded they weren’t a match to the Texas individual. Superior Court Judge Maureen Dennis dismissed the charges against him, according to the lawsuit.

Berke said he doesn’t know if his client looks similar to the Texas man, or if they have similar dates of birth, or if they solely share the same name.

“How hard is it to look up the photo of the guy who is wanted on a warrant? Clearly, fingerprints can’t be changed, so even if the two men look similar, fingerprints should easily distinguish them,” Berke said.

The lawsuit seeks compensatory and punitive damages, and attorney fees. It claims Martinez’s rights to be free of false arrest and detention were violated, and alleges he was denied his right to due process. It claims he suffered severe emotional distress, including humiliation, embarrassment, anxiety, stress, upset, loss of sleep, and loss of time from personal pursuits.

It claims police acted with “deliberate indifference” and failed to act to prevent Martinez’s repeated wrongful arrest and detention. The lawsuit alleges supervisors failed to adequately train staff, and should have known Martinez had been wrongfully detained in the past.

Maya Murphy P.C. has the resources and expertise to offer you the best possible representation throughout the criminal process. If you are facing criminal charges or wish to appeal your case, please call the offices of Maya Murphy, P.C. today at (203) 221-3100 or Joseph C. Maya, Esq. at JMaya@Mayalaw.com.


Source: CT Law Tribune