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Convicted of false report, Minneapolis woman files civil rights suit

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.

By ROCHELLE OLSON, Star Tribune

Last update: July 27, 2009 - 9:41 PM

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.

The officers had been called to a report of a fight in a home on Vincent Avenue N., where, at the request of Tracy D. Winters, they asked Farkarlun to leave. The officers left at 6:31 a.m. Farkarlun claimed the officers followed her, dragged her into an alley and raped her.

Farkarlun, with Winters, arrived at North Memorial Hospital about 6:59 a.m., according to the criminal complaint.

A sexual-assault nurse found no injuries to the woman's genitals, and investigators did not find any dirt or evidence on her clothes consistent with being pushed down.

The suit claims the criminal case against Farkarlun went forward to protect police from being sued. "If there is a criminal conviction, the civilian's chances of bringing/winning a civil rights lawsuit are severely restricted," Clark wrote.

Police Sgt. Jesse Garcia called the suit "baseless and frivolous. The defendant has put our officers through a very slanderous situation, where they have not only proved their innocence through DNA on two occasions, GPS technology and the court of law. This lawsuit is a prime example of someone clearly taking advantage of the legal system once again."

Rochelle Olson • 612-673-1747

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