Defense opens case in Madison malicious prosecution trial

By Amelia Flood | May 6, 2009


A malicious prosecution case against the city of Madison and one of its police officers entered its third day of trial as the plaintiff rested and defense began calling witnesses.

The trial is set to resume with more defense testimony at 9 a.m. Thursday.

The suit stems from the June 2006 arrest of a prostitute at a Madison truck stop. Plaintiff Stephen M. Rose of St. Charles County, Mo., then employed as a security guard, detained a woman acting as a prostitute and a man in possession of crack cocaine.

According to his complaint, after calling the police, Rose was arrested for multiple weapons-related felonies and for impersonating a police officer.

After posting bond two days later, Rose claims he was fired by the Wackenhut Corporation of Bridgeton, Mo. All felony charges against Rose were dropped by the St. Clair County State's Attorney.
In testimony Tuesday, Rose alleged that he feared the arrest was in retaliation for when he witnessed an alleged police beating in May 2006.

Rose is suing Madison and police Sgt. Neal Mize malicious prosecution and defamation. He is seeking at least $50,000 and other relief.

A third defendant, police officer Curtis Bradley was granted a summary judgement in April.

Wednesday, George "Ed" Goggin of Wackenhut Corporation testified that Rose was fired for violating company policies regarding his uniform and possession of firearms while on duty at the Pilot Truck Stop.

The defense argues that Rose violated policies set down by the company when he went to work armed, wore a park ranger uniform rather than a company uniform and that officers Neal Mize and Curtis Bradley arrested Rose in good faith.

Madison County Circuit Judge Barbara Crowder is presiding.

Edwardsville attorney Brian Polinske is Rose's lawyer. James Craney of James and Brown, a St. Louis-based firm, is acting for the defense.

The case is Madison case number 06-L-733.

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