MN- Convicted of false report, Minneapolis woman files civil rights suit

7-28-2009 Minnesota:

Even though a jury convicted her of making a false rape claim against two police officers, the woman now says she was prosecuted so she wouldn't file a civil suit.

A woman convicted last week of making a false claim of rape against two Minneapolis police officers filed a lawsuit Monday alleging a cover-up and seeking damages in excess of $50,000.

Lawyer Jill Clark filed the complaint on behalf of Trisha Farkarlun against the city, Police Chief Tim Dolan and several police officers, including the two she alleged participated in the rape and those who investigated it. The suit was filed in Hennepin County District Court.

After what she calls the rape on July 28, 2007, Farkarlun claims police misused the investigative process and the justice system to protect the "perpetrator police officers."

She asks that the finding against her of a "false complaint of police misconduct" be declared unconstitutional because it is "subject to abuse by police."

Last Tuesday, Clark successfully sought a delay in sentencing one day after Farkarlun, 23, was convicted of making a false report of police misconduct, a gross misdemeanor. She could be sentenced to up to one year and fined $3,000. Judge Tanya Bransford scheduled a hearing for 2 p.m. Thursday for sentencing and post-trial motions for acquittal, a new trial and juror misconduct.

Clark has argued that one juror "made up his mind" after three days and slept through much of the next three weeks of testimony. She also said elements of the crime were not properly defined for jurors. But Bransford said Clark herself worked on and agreed to the jury instructions, including the crime's elements.

Assistant City Attorney Judd Gushwa has called Clark's claims in the criminal case baseless.

Clark said she plans to appeal if her requests are denied.

On July 28, 2007, Farkarlun accused Officers Paul Gillies of holding her down and ordering MiQuel Barnes, then a rookie in training, to rape her. ..Source.. by ROCHELLE OLSON, Star Tribune