Right now, a jury is deciding if two former New Milford police detectives violated Ricky Birch’s rights to a fair trial.
Right now, a jury is deciding if two former New Milford police detectives violated Ricky Birch’s rights to a fair trial.
Birch, now 58, was wrongfully convicted of murder in his teens, spending most of his adult life behind bars.
If found liable, Birch’s lawyers are asking for more than $50 million in damages. That amounts to $5,000 a day for the 30 years Birch spent in prison for his now overturned 1989 conviction.
The civil lawsuit alleges former detective Steven Jordan suppressed evidence, and detective David Shortt, who died in 2019, allowed false evidence to be submitted during the investigation.
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After five days of testimony in the civil trial, closing arguments began Tuesday morning in New Haven’s federal courthouse.
Birch’s lawyer Doug Lieb told the jury that Jordan and Shortt’s roles as police officers comes with great power and responsibility, and they should have known that if they were not careful, “innocent kids could pay the price.”
Lieb and Birch’s legal team allege Jordan did not disclose that an envelope containing $1,000 was found at the crime scene, evidence that could have undermined the prosecution's theory that the murder was part of a botched burglary. Evidence they say could have also helped Birch’s lawyers fight for his innocence.
Investigations
Elliot Spector, a lawyer for the New Milford detectives, said in his closing argument that Jordan was, “merely a messenger” and had an impeccable record in his tenure as an officer.
Jordan testified he was told by a Connecticut State Police trooper that the cash wasn't evidence, and he did as was directed, giving the money back to the victim's daughter.
In addition, the lawsuit argues that Shortt should have known a jailhouse informant’s statement was false.
Spector said Shortt did nothing wrong while taking that statement.
Lawyers representing the New Milford officers said they played a minimal role in the investigation, and that state police led the charge.
Spector said he believed the two to be “good, honest family men who were trying to do the right thing.”
Lieb told the jury, “You get to decide how this story ends. End it with justice for Ricky.”
The jury deliberated for about 4.5 hours Tuesday and will deliberate again Wednesday.
They are tasked with deciding if either man is liable for the charges against them, and if damages are appropriate.
