Man acquitted in wife's death sues Lincoln County prosecutor

ST. LOUIS -- A man found not guilty in the death of his wife in a retrial has filed a federal civil lawsuit in St. Louis, saying the Lincoln County prosecutor and county law enforcement fabricated evidence and failed to investigate another suspect in the case.

The St. Louis Post-Dispatch reported the lawsuit was filed Tuesday on behalf Russell Faria. He was convicted in 2013 of first-degree murder and armed criminal action in the December 2011 fatal stabbing of Elizabeth Faria.

An appeals court hearing led to a new trial in which Faria was acquitted in November.

The lawsuit states investigators coached witnesses to make statements that supported their theory about Elizabeth's death, and that Lincoln County Prosecuting Attorney Leah Askey refused to allow tests on evidence that would have contradicted that theory.

Officials can often claim sovereign immunity from lawsuits for official actions, but the lawsuit said Askey can be sued because she acted as an investigator to "develop probable cause" to charge Faria.

The lawsuit also said Askey repeatedly did not turn over evidence in the case and refused to allow tests of a mark on Elizabeth's pants that investigators later said was a bloody paw print from the family dog. According to the lawsuit, Askey also told Elizabeth's relatives to encourage a friend to claim Elizabeth had said her husband was abusive.

Askey said she stands behind the investigators' work.

"We fought for justice for Betsy Faria," Askey said. "We did it ethically. I look forward to continuing to do our jobs regardless of any civil suit."

The lawsuit said Faria was imprisoned for 41 months and 12 days, and he suffered "terror, stress, fear, anxiety, humiliation, embarrassment, and disgrace" as well as loss of reputation and income.

The lawsuit is seeking compensatory and punitive damages for constitutional violations.

Information from: St. Louis Post-Dispatch, http://www.stltoday.com