Man wrongly convicted of 1979 murder files federal lawsuit against Milford police, town
Norman MillerMILFORD — Gary Cifizzari spent the majority of his adult life in prison, convicted of a murder he did not commit.
Now, Gary Cifizzari, 65, has filed a federal lawsuit in U.S District Court in Worcester against the Milford Police Department, several retired police officers and the town of Milford.
"How does one who was falsely and repeatedly labeled a 'murderer,' for some 35 years of his life on Earth obtain justice?" Cifizzari's lawyer, William Smith, wrote in the lawsuit. "This complaint opens the door to the answer. As a direct result of doctored and suppressed reports, false forensic testimony, coerced and unreliable witness statements, improper identification procedures, false forensic testimony and a general pattern of blatant disregard for the laws of the United States Constitution on the parts of the defendant, Plaintiff Gary Cifizzari spent some 35 years in prison for a murder he did not commit, and with which he had all of nothing to do."
The lawsuit names the Milford Police Department, the town of Milford and former Milford Police officers Vincent Liberto, John Chianese, Anthony DiGirolamo and Donald Small, as well as 20 as-of-yet to be identified officers referred to as Jane and John Does throughout the lawsuit.
Neither Cifizzari nor Smith could be reached for comment. None of the retired officers could be reached for comment. Current Milford Police Chief James Falvey also could not be reached for comment. Tom O'Loughlin — Select Board chairman and former Milford police chief, although not at the time of the murder — said he had not seen nor heard about the lawsuit and could not comment.
Cifizzari, who lived in Taunton at the time, was convicted of first-degree murder in 1984. He was accused of murdering Concetta Schiappa, his 75-year-old aunt, in her Milford home in September of 1979 and was sentenced to life in prison without the possibility of parole.
More:Advocates: DNA exonerates man convicted of killing his aunt in 1979
His brother, Michael, was convicted of second-degree murder in the death and died in prison.
Cifizzari maintained his innocence throughout his incarceration and the New England Innocence Project, an organization that works to free those wrongly convicted through the use of DNA evidence, joined his cause.
In May of 2019, lawyers announced new DNA testing that did not exist at the time of the murder or trial found biological fluid on Schiappa's nightgown that did not belong to Cifizzari. The DNA belonged to another man who was a suspect in the murder, Michael Giroux, who died in Rhode Island in 2016.
More:Cifizzari gets out of prison; seeks new trial in '79 Milford slaying
A Worcester Superior Court judge ordered a new trial and Worcester County District Attorney dropped the charges in December of 2019.
Although free, the conviction ruined Cifizzari's life, according to the lawsuit.
"(He) was forced to miss weddings, funerals, births, graduations, birthdays and other monumental life events," Smith wrote in the lawsuit.
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Investigators, Smith wrote in the report, ignored evidence about Giroux, including a past break-in at the victim's home and witnesses who said Giroux was near the home the night of the murder.
Instead, they began speaking to Michael Cifizzari, who was diagnosed with schizophrenia and had a "borderline" intellectual disability. He was arrested in 1980 when he was found drinking out of a dog bowl on a porch at a Milford home and officers questioned him about Schiappa's murder because he was related to her.
"The plaintiff, Gary Cifizzari, did not become a suspect until the police encouraged and coerced his brother, Michael Cifizzari, who suffered from chronic schizophrenia and acute psychosis, to make false statements implicating the plaintiff in the crime," according to the lawsuit.
More:DA drops murder charge against Taunton man who served 35 years for 1979 slaying
In 1983, a dental expert said bite marks found on the victim identified Gary Cifizzari as matching the bite marks. The bite evidence and the statements made by his brother were the only evidence that led to Gary Cifizzari being convicted, according to the lawsuit.
The expert who identified Cifizzari as the person whose teeth matched the toothmarks found on the victim later recanted his testimony.
The lawsuit alleges four counts of the violation of the 14th Amendment (the right of due process) and one count each of failure to investigate, one count of malicious prosecution, one count of supervisory liability, conspiracy and a civil rights violation.
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The lawsuit seeks both compensatory and punitive damages at an amount to be set by the court.
"While he can never regain the approximately 35 years that were taken from him as a result of the misconduct described herein, plaintiff (Cifizzari) is entitled … to monetary damages for the extraordinary injuries suffered as a result of (his) mortifying and shocking wrongful arrest, prosecution, conviction and 35-year imprisonment," Smith wrote in the lawsuit.
Norman Miller can be reached at 508-626-3823 or nmiller@wickedlocal.com. For up-to-date public safety news, follow Norman Miller on Twitter @Norman_MillerMW or on Facebook at facebook.com/NormanMillerCrime.