Clark County (The Evening News)
Man cleared of molestation charges intends to file lawsuit NAPD, Clark County
A man who spent nearly 21/2 years in the Clark County Jail on child molesting charges that were dismissed earlier this year has sent notice that he intends to file a lawsuit.
The notice, which was sent to the New Albany Police Department and Clark County offices of the prosecutor and public defender, states that Donald Clark Woods is owed $5 million in damages.
The notice, written by Madison-based attorney Jason Pattison, states that if the money is not paid within 90 days, a lawsuit will be filed.
Woods, 48, was charged in July 2006 with child molesting and criminal deviate conduct. He was held in jail on $50,000 cash only bond until December 2008. The charges were dismissed March 6.
The investigation began in March 2006 when a 13-year-old boy received a CT scan at Floyd Memorial Hospital and Health Services. A four-feet piece of weed eater wire was found in the teenager’s urinary bladder.
The mother of the alleged victim said the wire must have been inserted into the child’s penis by Woods, her estranged husband, approximately eight years ago when the boy was 5 years old, the notice states. That is because Woods had separated with his wife and had not seen the boy since 1998, according to the notice.
Charges were later filed against Woods in Clark County because that is where the alleged incident occurred.
The notice claims Woods, due to the molestation allegations, suffered threats and harassment while in jail and had to be placed in protective custody.
“Mr. Woods was emotionally distraught with the fictitious allegations and his treatment as a result of the charges to the point that he had to be medicated in an effort to control his depression and suicidal thoughts,” the notice states.
Court records indicate Woods’ case was continued nine times. One continuance was from the judge and one from the prosecutor. The other seven were by Woods’ public defenders.
The notice claims that two public defenders assigned to Woods never visited him while he was in jail from October 2006 until July 2008.
Jennifer Culotta was appointed to the case in August 2008. After reading the allegations, she requested funding from the public defender’s office to consult a medical expert. Dr. George Nichols agreed to review the records for free after hearing about the case.
Culotta was able to obtain records from a CT scan the boy had on March 18, 2005, at Floyd Memorial Hospital due to a hip injury. That scan, taken one year before the allegations were made, showed no evidence of the weed eater wire.
Pattison argues that the parties named in the tort claim “violated Mr. Woods’ civil rights by unreasonably relying on allegations, the merits of which, on their face, were illogical and unsupportable by proof.”
He states that due diligence would have led those involved in the case to question how a wire was in the boy’s bladder eight years without causing health problems. He also argues that earlier investigation into the boy’s medical records would have cleared Woods.
“I think the system failed him,” Culotta said on Friday. “I was happy to be part of the revelation of the truth.”
Although the Floyd County Police Department is named in the claim, the New Albany Police Department actually handled the investigation.
NAPD Maj. Sherri Knight, who was lead detective, said she received a copy of the notice on Friday and has reviewed the file but wants to speak with the city’s legal counsel before making any statement.
Clark County Chief Public Defender Jeffrey Stonebraker said he was not involved in the case and declined to comment.
“We just received (the notice) today and haven’t reviewed all of the allegations yet,” Clark County Chief Deputy Prosecutor Jeremy Mull said.
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