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Local News

December 16, 2011

Lawsuit: Mistake landed grandmother, 57, in police custody

PEABODY — When Georgianna "Gigi" Caminero got the notice saying that a warrant had been issued for her arrest, "I was like, 'My God, what is this?'"

The 57-year-old Peabody grandmother had never been in trouble with the law.

"I thought it was a joke at first," she said.

It wasn't a joke, but a blunder by a Lynn police officer — a blunder that landed her in handcuffs, the back of a police cruiser and a holding cell full of accused criminals in Lynn District Court one morning last year, a lawsuit alleges.

And even after the mistake was pointed out to Lynn police, said her lawyer, Paul Anthony, they did nothing to correct it, telling Anthony there was nothing they could do and to "let the court system take its course," said the lawyer, who filed a lawsuit yesterday against the city of Lynn, its Police Department and three officers.

Caminero's nightmare started with a woman who showed up at the Lynn police station on Aug. 13, 2010, to report that she had been assaulted by three women.

She gave the police three names, including Caminero's, mistakenly believing that Caminero's daughter, whom she was accusing, was also named Georgianna.

Investigator Ross Panacopoulos found the two other names on a Registry of Motor Vehicles database but could not find Georgianna Caminero, according to the lawsuit.

He then checked the Peabody address that the alleged victim had given him for Caminero's daughter and found Georgianna's name. Caminero said her daughter does not live with her, however.

Despite having no date of birth or other identifying information about Georgianna, he managed to obtain an arrest warrant on a charge of felony assault and battery with a dangerous weapon.

Caminero received a notice in the mail about the warrant, though she had no idea how serious it was. Still, just to be safe, she called Anthony — who advised her not to go anywhere until she could get to court, lest she be arrested.

Anthony was sure that it was simply a mix-up that could be sorted out at the courthouse in time for her to get to her job at Massachusetts General Hospital, where she's a clerical worker.

"I called Paul and he said, 'We'll be in and out,'" Caminero recalled.

Instead, on the morning of Aug. 23, 2010, she was taken into custody shortly after arriving at Lynn District Court.

"They cuffed me, they put me through the booking," Caminero said. "I couldn't believe it. I almost passed out. Paul caught me. I was crying in his arms. I couldn't believe they could do that. The paper said if I came in I wouldn't be arrested."

Both Caminero and Anthony protested but were told "this is procedure," she said.

Court officers brought her to a holding cell in the basement of Lynn District Court "with a bunch of criminals," Caminero said, and then she was taken to the police station. Then it was back to court.

The court officer told her it would just be about an hour, but she wound up in custody for nearly four hours, being led through crowded courthouse corridors and into the courtroom in handcuffs and leg shackles.

"She's looking at me, and the tears are rolling down her face," Anthony said.

As she was led into the courtroom, Anthony asked the judge to hear the case out of earshot of the rest of the courtroom. After Anthony explained, the judge released her without arraigning her on the charge.

At the police station, he tried to get the officers on duty to call the investigator, Panacopoulos, who would clearly know that his middle-aged client was not the suspect in a robbery.

They refused, Anthony said. He later learned that Panacopoulos had been at the courthouse that very day.

When Anthony arrived at court again on Oct. 6, he discovered that the officer had never spoken to the district attorney about the mix-up.

After Anthony explained to the prosecutor and the judge, the charge was dismissed prior to arraignment, meaning Caminero has no court record.

Judge James Wexler also ordered that the Lynn police purge any data they collected during Caminero's booking. Anthony said he still hasn't heard from Lynn police, however, and has no idea whether that's been done.

Her arrest also appeared in the Lynn Daily Item.

"It was so embarrassing," she said.

"Nobody would listen to us," Caminero said. "It's like you're guilty and you have to prove yourself innocent."

Anthony sent notice to the city of Lynn more than a year ago, saying that if they did not respond to a settlement request, he would file suit. The law gives the city six months to respond. It did not.

Caminero's lawsuit is seeking at least $100,000 in damages from the city, Panacopoulos and two as-yet-unidentified officers for violating her civil rights, malicious prosecution, a claim of battery, intentional and negligent infliction of emotional distress, and negligence.

Lt. Chris Kelly, a Lynn Police Department spokesman, said he was not familiar with the allegations and would need time to look into them before responding.

An aide to Lynn Mayor Judith Flanagan Kennedy said that the city has not been served, but that it is the policy of her office not to comment on pending litigation.

Courts reporter Julie Manganis may be reached at 978-338-2521 or jmanganis@salemnews.com.

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