Both sides rested their cases on Tuesday 10/11 and the case was handed over to the jury who began deliberation at the end of the day. The jury reached a verdict in the afternoon on Wednesday the 12th.
A federal jury handed down a verdict yesterday afternoon awarding Kyle Zoellner, the man originally arrested for the death of Josiah Lawson, $726,300 in compensatory damages and $50,000 in punitive damages. The jury found that former APD detective Eric Losey's filing of a false report with the DA's office that alleged the existence of an eyewitness to the stabbing that could identify Zoellner as the man who stabbed Lawson amounted to malicious prosecution in violation of Zoellner's rights. In addition to the compensatory and punitive damages, the jury asked former detective Losey to write a public apology to the community for his actions in the case.
In reaching this decision the jury was asked to respond yes or no to 4 questions and to provide a dollar amount for economic and non-economic damages sustained by Zoellner. Those questions and the jury's answers were:
1. Was Eric Losey actively involved in causing Kyle Zoellner to be prosecuted or actively involved in continuing his prosecution?
Jury answer: Yes
2. Did Eric Losey act primarily for a purpose other than that of bringing Kyle Zoellner to justice?
Jury answer: Yes
3. Was Eric Losey's conduct an substantial factor in causing harm to Kyle Zoellner?
Jury answer: Yes
4. What are Kyle Zoellner's damages?
Jury answer: $726,300
5. Was Eric Losey's conduct malicious, oppressive or in reckless disregard of Kyle Zoellner's rights?
Jury answer: Yes
Document Links:
Verdict Form with the Jury's Decision
Jury's Request for a Public Apology
The false report by former detective Losey as well as the witness's actual testimony are available here
Post Trial Documents Regarding Probable Cause
- PLAINTIFF’S MEMORANDUM RE PROBABLE CAUSE & REQUEST FOR JUDICIAL NOTICE
- DEFENDANT ERIC LOSEY’S MEMORANDUM RE PROBABLE CAUSE
- ORDER RE: LACK OF PROBABLE CAUSE ELEMENT
- PLAINTIFF’S NOTICE OF MOTION AND MOTION UNDER RULE 37 AND 11 FOR ISSUE & MONETARY SANCTIONS
Trial Transcripts: Available here
Documents related to the trial, including the final jury instructions, can be found here.