From Deseret News archives:
Ricci lawsuit is dismissed
In a ruling issued Wednesday, U.S. District Judge Ted Stewart dismissed a suit filed by Angela Ricci on behalf of her late husband against Cory Mack Lyman, who at the time was lead investigator in the Elizabeth Smart kidnapping.
This was one of two suits Ricci filed against Salt Lake City, the first being a similar suit filed against the Salt Lake chief of police, three other officers and Salt Lake City Corp. That suit was thrown out for lack of any evidence that the city was involved in Ricci's death.
In the suit against Lyman, Ricci alleged that the officer influenced the decision to arrest and incarcerate Richard Ricci when he was picked up on a parole violation in August 2002. Richard Ricci's name was also leaked as a suspect in the Smart investigation. Angela Ricci contended that her husband's association with the high-profile kidnapping led to disparate treatment in prison.
In his ruling, Stewart ruled that Angela Ricci and her attorney showed no proof that Lyman was in any way directly responsible for her husband's death. "Plaintiffs have not shown evidence that (Lyman) personally participated in the claimed wrongs. (Lyman) did not arrest Mr. Ricci or provide any input on the conditions of his incarceration. Further, there is no evidence that (Lyman) was responsible for public disclosure of Mr. Ricci's name in connection with the kidnapping," Stewart wrote.
The judge did note that while Lyman conceded "mistakes were made in the investigation," there were no facts to show Lyman had anything to do with Ricci's death.
Ricci was held on a parole violation when it was discovered the handyman had contact with the Smart family before Elizabeth Smart was abducted. While at the Utah State Prison, Ricci was moved to maximum security due to his association with the high-profile case. Angela Ricci claimed her husband was placed in solitary confinement and treated poorly by prison officials under the direction of Salt Lake police, who wanted to put pressure on a man they believed to be a suspect in the case. Ricci died from a brain aneurism, according to prison officials. Nine months later, Smart turned up on a sidewalk in Sandy with a homeless man, Brian David Mitchell.
Angela Ricci did settle a lawsuit against the Utah Department of Corrections, which paid out $150,000 without admitting any wrongdoing.
E-mail: gfattah@desnews.com
