Pubdate: Wed, 16 Dec 1998
Source: Miami Herald (FL)
Contact:  http://www.herald.com/
Copyright: 1998 The Miami Herald
Author: Karla Bruner Herald Staff Writer

COPS SUED OVER DRUG ARREST AWAIT VERDICT

A federal jury in Broward is deliberating today whether two Hollywood
police officers violated the civil rights of a man who claims he was
wrongly arrested on drug charges in 1996.

Dwight Edman, 21, claims in a lawsuit that Sgt. Jeff Marano and former
Officer Anthony Fernandez wrongly accused him of involvement in a drug deal.

"The officers conceded there was no probable cause. The city still takes
the position that the arrest was lawful," Hugh Koerner, Edman's attorney,
said in closing arguments Tuesday. "We vigorously dispute that contention.
The city doesn't want to take responsibility. They must, and they should."

The suit, before U.S. District Judge Wilkie Ferguson, names Marano,
Fernandez and the city of Hollywood.

Edman and a friend, Jerome Watson, were on their way to get pizza on Jan.
31, 1996, when they were arrested, accused of delivering a fake cocaine
rock to Marano, who was working undercover.

Prosecutors dropped the charges against Edman after Marano admitted the
arrest was a mistake. Watson pleaded no contest and was sentenced to
probation.

Then-Police Chief Rick Stone transferred Marano from the patrol division to
a desk job, citing another lawsuit filed days earlier that also named
Marano, among others. Fernandez was fired in May for repeatedly violating
department rules.

Koerner said Edman, who disputes that there was ever a drug deal, was
strip-searched. He was also interrogated by Fernandez, who allegedly
applied pressure behind his ear. A psychologist testified during the
five-day trial that Edman suffers post-traumatic stress disorder from the
ordeal.

Edman's parents testified that the once "happy-go-lucky boy" no longer
laughs and plays with his cousins but instead now is depressed and easily
angered.

Bruce Jolly, representing Marano and Fernandez, called Edman "manipulative"
and "sheltered" and said the claim of the disorder is a "scam."

"Until this case was approaching trial, he had never sought therapy," Jolly
told the jury during closing arguments. "If a problem had truly existed,
the problem would have been treated."

Dan Abbott, an attorney for the city, said the testimony of six other
officers contradicts Edman's claim of abuse.

Edman "says it happened, and his friends don't come to testify," Abbott
told the jury. "What reason do you have to believe that six officers lied,
and one man is telling the truth?"

In addition to deciding whether Edman's rights were violated and whether to
award damages, jurors are also mulling three claims against the city:
whether its employees made a false arrest, whether they committed battery
and whether they submitted a report that wrongfully caused prosecution.

Herald staff writer Karla Bruner - ---
Checked-by: Pat Dolan