Fayetteville police deny claims in Cohn's lawsuit

File Photo/NWA Democrat-Gazette/ANDY SHUPE Rico Cohn (right) sits alongside one of his defense attorneys Tony Pirani on Sept 24, 2013, during an appearance in court for a hearing on pending motions before of his capital murder trial. Cohn was charged with capital murder in connection with the 21-year-old woman's death. Prosecutors cited insufficient evidence in 2015 and dropped the charges after he spent three years in jail.
File Photo/NWA Democrat-Gazette/ANDY SHUPE Rico Cohn (right) sits alongside one of his defense attorneys Tony Pirani on Sept 24, 2013, during an appearance in court for a hearing on pending motions before of his capital murder trial. Cohn was charged with capital murder in connection with the 21-year-old woman's death. Prosecutors cited insufficient evidence in 2015 and dropped the charges after he spent three years in jail.

FAYETTEVILLE -- Fayetteville police officials have denied allegations of wrongdoing in an investigation that led to the arrest of Rico Tavarous Cohn for the 2006 murder of Bethany "Nina" Ingram.

Cohn was charged with capital murder in connection with the 21-year-old woman's death. Prosecutors cited insufficient evidence in 2015 and dropped the charges after he spent three years in jail.

Cohn sued the Fayetteville police in federal court in July, claiming they botched the investigation and misled prosecutors and judges.

The lawsuit names Fayetteville, Police Chief Greg Tabor, a police detective, a former civilian crime scene investigator, state crime lab personnel and "John Doe" defendants, who are identified as past and present employees of the city, the Police Department, the crime lab or Washington County. The individual defendants are named in both their individual and official capacities.

Springdale attorney Brian Wood, who represents Tabor, the detective and the civilian investigator, filed a response Wednesday denying the allegations of the lawsuit.

Ingram's brother found her body April 22, 2006, on her bed in her apartment on Sycamore Street, according to police records.

Autopsy results cited strangulation as the cause of death. The medical examiner said the attack was so sudden and violent Ingram had no time to fight. There were no signs of a sexual assault, and police said there was no sign of forced entry into the apartment.

Police said they believed Ingram was killed because she rebuffed Cohn, who made inappropriate comments to her as she left her apartment five days before her death, according to records.

Randee Applewhite told police Cohn told her he killed Ingram. The case against Cohn was dropped after Applewhite died. The defense claimed Applewhite, the prosecution's key witness, recanted her story to police before her death.

The lawsuit, filed by attorney Tony Pirani on behalf of Cohn, alleges state and federal constitutional violations and seeks unspecified damages for wrongful arrest and false imprisonment, malicious prosecution, abuse of process, outrage, false light, defamation, negligent hiring, supervision or retention and general negligence.

The response specifically denies the claim that the police detective, Scott Carlton, was personally invested in securing Cohn's arrest and conviction and that Carlton's affidavits were "materially false and misleading."

The lawsuit alleges state and federal constitutional violations and seeks unspecified damages for wrongful arrest and false imprisonment, malicious prosecution, abuse of process, outrage, false light, defamation, negligent hiring, supervision or retention and general negligence.

The answer wants the case dismissed against the Fayetteville defendants and requests they be awarded attorney fees and appropriate costs.

NW News on 10/20/2018

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