Former Spring Valley building official sues Rockland DA for wrongful prosecution

SPRING VALLEY — A former top building official for the village, charged during the investigation into the fatal fire at the Evergreen Court Home for Adults, has filed a federal lawsuit accusing the Rockland District Attorney's Office of wrongful prosecution and violating his rights.

The former official, Wayne Ballard, who was acquitted of all criminal charges, is seeking an undisclosed amount of money on claims of false arrest, malicious prosecution, prosecutorial misconduct, and civil rights violations. His claims include that the Rockland County government and the District Attorney's Office have negligently hired, trained, and supervised employees.

Rockland County Attorney Thomas Humbach declined to comment Saturday on the lawsuit filed on April 18 in federal court, saying "I have not yet had an opportunity to evaluate the claims."

A spokesperson for County Executive Ed Day, said Monday that the county executive and Legislature do not direct the prosecution of cases or the supervision of District Attorney's Office employees.

"The district attorney, an independent elected official, sets these policies and supervises his employees," said Beth Cefalu,director of strategic communications for Day. "We are sure the courts will make an appropriate decision in this case.”

District Attorney Thomas Walsh did not immediately respond to a request for comment. He did not comment in May 2023 when Ballard filed a notification that he would take legal action through his attorney, Evan Craig Brustein of Brustein Law PLLC in Manhattan.

Lawsuit says Wayne Ballard faces emotional distress and more

Rockland County Court Judge Kevin Russo acquitted Ballard — and inspector Ray Canario — last year of felony and misdemeanor counts after a bench trial. The District Attorney's Office had accused Ballard on June 21, 2021, of knowingly filing a false report outlining inspections, permits, and other Building Department information for 2019 with the state. The charges were a felony count of first-degree offering of a false instrument and a misdemeanor of second-degree falsifying business records.

Ballard's lawsuit claims his arrest and prosecution were illegal and caused him emotional distress and mental anguish, humiliation, and embarrassment. He claims a loss of reputation and that he had to retire early, reducing his retirement income.

The lawsuit, filed in U.S. District Court in White Plains, names Walsh, then-Chief of Detectives Peter Walker, District Attorney's Office Investigator Matthew Wohl, Rockland County, and includes other unnamed people. Walker, a former Clarkstown police officer , has retired.

Walsh won a second, four-year term in November, despite controversy generated by his office's prosecutions of the Evergreen Court cases.

The Evergreen Court fire in March 2021 caused the deaths of Spring Valley Fire Department Second Lt. Jared Lloyd, 35, who was among the dozens of firefighters rescuing 112 mostly infirm residents. Adult home tenant Oliver Hueston, 79, died as a result of the inferno. The families of Lloyd and Hueston have filed separate wrongful death lawsuits against the owners and other parties. The owners were never charged.

Lawsuit claims DA defamed Wayne Ballard before and after his acquittal

Ballard's lawsuit claims the "defendants falsely (criminally) processed plaintiff (Ballard), published false and defamatory statements regarding the false arrest through the media, and commenced a campaign to prosecute Plaintiff for felony and misdemeanor charges as the result of politically inspired pressure to hold someone accountable for the death of the volunteer firefighter."

A grand jury brought charges that Ballard filed false paperwork more than four months after the fatal fire. Canario, then a building inspector and now the village fire chief, also was charged in a separate indictment.

All told, six people were indicted, with prosecutors getting no-jail guilty pleas from two rabbis , Nathaniel and his son Aaron, who admitted causing the fire while cleansing the facility's kitchen and ovens for Passover on March 23, 2021.

Russo, after separate trials, found prosecutors failed to provide evidence that Ballard and Canario knowingly provided false information in a report to the New York State Department of State.

Ballard's lawsuit notes a significant part of the prosecution against him dealt with whether Evergreen Court for Home for Adults had been inspected and when. The criminal charges against him had nothing to do with what caused the fatal fire.

Ballard signed what's called a 1203 report started by Canario outlining the department's records of inspections and granting permits for 2019. The report indicated that Evergreen Court had been inspected on April 22, 2019, months before Ballard had been hired by Spring Valley in September 2019 to run the Building Department and Department of Public Works.

The lawsuit argues Ballard was singled out as Spring Valley failed to submit a 1203 report from 2013 to 2016.

The lawsuit also details Spring Valley's inadequate building inspections and enforcement of fire and safety codes over decades.

A theme across both Ballard and Canario's trials was testimony that Spring Valley's Building Department had been dysfunctional when it came to enforcing fire and building codes and lacked a coherent filing system that noted inspections and follow-ups. The state had appointed a monitor to supposedly oversee the department.

Post-dismissal statements from DA's office cited

The lawsuit argues that after the judge dismissed the case, Walsh's office exacerbated the defamation by maintaining Ballard's guilt.

The lawsuit quotes Walsh saying in a news release: “We are saddened and disappointed by Judge Russo’s decision. The people believe that sufficient evidence was presented to establish the defendant’s guilt beyond a reasonable doubt.”

Walker said in a statement then: "The court chose not to hold these defendants accountable for their role in the malfeasance in the building department. We disagree with the court's decision and are disappointed in it."

The Spring Valley Police Department found no basis to arrest Ballard, so the District Attorney's Office took over the case, the lawsuit states.

"Defendants were desperate to find fault with someone – anyone – to prove that the Individual defendants were doing their jobs," the lawsuit claims. "The Individual defendants took control of the investigation, which was extremely rare and highly suspicious considering that the police department was supposed to control investigations."

The lawsuit argues Walsh and Rockland County government showed poor judgment in hiring Wohl, a retired NYPD officer who was part of the investigation. Prosecutors did not call Wohl to testify.

The lawsuit states Wohl is listed on the New York City District Attorney's Office's list for officers with potential credibility problems. He had been accused of giving false trial testimony to support the arrest of protesters during the 2004 GOP National Convention in Manhattan.

Ballard's lawsuit seeks compensatory damages, including for emotional distress and mental anguish and for loss of income, and punitive damages to be determined at trial.

Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@lohud.com Twitter: @lohudlegal

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This article originally appeared on Rockland/Westchester Journal News: Former Spring Valley building official sues Rockland DA for wrongful prosecution