Ricci's widow is appealing dismissal of police lawsuit

Angela Ricci is not giving up.

A federal judge last week tossed out a wrongful death suit against the Salt Lake City Police Department, which targeted her late husband, Richard Ricci, as a prime suspect in the disappearance of Elizabeth Smart.

This week, Ricci's attorneys filed a notice of appeal to the 10th U.S. Circuit Court of Appeals in Denver.

Richard Ricci died while in state custody on a parole violation in August 2002. Angela Ricci claims Salt Lake police directed prison officials to place her husband in solitary confinement and treat him poorly in an effort to turn the heat up on the man they considered Smart's kidnapper.

Nine months later, Smart turned up on a Sandy sidewalk with a different man, Brian David Mitchell, a self-proclaimed prophet who lived on the streets.

After her husband's death, Angela Ricci sued Salt Lake City, Police Chief Rick Dinse and at least six investigators, alleging false arrest, cruel and unusual punishment, wrongful death and slander.

U.S. District Judge Ted Stewart tossed out the lawsuit July 6, claiming Ricci's attorney used "flimsy ammunition" in his suit against the city.

In his ruling, Stewart said Ricci's attorney, Bruce Oliver, had gathered no evidence in the two years since the suit was filed that would show that the Salt Lake City Police Department was in any way responsible for Richard Ricci's death.

The judge also chided Oliver, saying his conduct "fell well below the level of professionalism." However, the judge imposed no sanctions on the defense attorney.

Oliver argued the only evidence Angela Ricci had was what she saw on television and read in newspapers and books, in particular the book by Deseret Morning News staffers Tom Smart and Lee Benson. Oliver said statements made by Dinse to the media that Ricci was their suspect and that the whereabouts of Elizabeth Smart went to the grave with Ricci were enough to bring a suit.

But Stewart pointed out that Oliver had not bothered to compile any of the news reports, or submit Smart and Benson's book, to the court as supporting evidence. Oliver also acknowledged he had conducted no depositions in the case.

After the judge tossed her case last week, Angela Ricci vowed to appeal the ruling.

"I feel like the city murdered my husband," she said. "Many lives were torn apart in this investigation."

Ricci settled another suit against the Utah Department of Corrections, which paid her $150,000 without admitting any wrongdoing.

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E-mail: ldethman@desnews.com