Lawsuit: Stolen identity haunts victim

A swiped wallet results in a ruined reputation, arrests, jail and years of fear and computer-driven frustration, a Seminole man says.

By JEFF TESTERMAN

© St. Petersburg Times, published November 23, 2000

TAMPA -- When a burglar broke into a Georgia motel room in 1993 and stole Michael Jaconetta's briefcase and wallet, the Seminole man lost more than his cash, credit cards and driver's license.

The father of three also lost his identity. Eventually, he lost his freedom and his good name, as well.

Now, seven years later, Jaconetta is still trying to get his reputation restored, according to a lawsuit filed in U.S. District Court in Tampa.

After the motel burglary, the lawsuit says, the thief who took Jaconetta's wallet adopted his identity, then posed as Jaconetta while committing a series of felonies in New York City. Warrants were issued, and by late 1993, the Pinellas landscape contractor learned New York authorities wanted him.

As if trapped in a Kafka tale, Jaconetta spent the next six years protesting his innocence, even spending $3,000 to hire a New York attorney to have the arrest warrants quashed.

No one would listen.

Finally, during Labor Day weekend last year, Jaconetta was arrested.

A Pinellas County sheriff's deputy noticed brush obscuring the taillight of Jaconetta's truck, pulled him over, checked his license and got a hit from the National Crime Information Center computers. It was a fugitive warrant from New York saying Jaconetta was wanted for bribery, theft and dealing in stolen property.

Five more squad cars quickly arrived. With his 8-year-old son watching, Jaconetta was arrested, handcuffed and taken to jail.

Unable to clear his name, Jaconetta filed the federal lawsuit. He contends New York City officials and Pinellas Sheriff Everett Rice violated his Constitutional right to be free from illegal arrest and false imprisonment. In an amended complaint filed last week, Jaconetta is seeking a federal injunction ordering authorities to remove his name from criminal warrants.

"The moral here is that people should think about the notion we have of the presumption of innocence," said Jaconetta's Pinellas Park attorney, Joseph H. Saunders. "We pay lip service to this idea, but I think most people have a presumption that if someone is arrested, he's guilty. This case shows that."

Jaconetta is also seeking unspecified damages for the humiliation he suffered while being wrongly arrested, for loss of wages and career opportunities resulting from the defamation of his character and for the cost of counseling he and his family underwent after Jaconetta was jailed.

"He feels like his 8-year-old son doesn't understand the explanation of what really happened," said Saunders. "The lingering picture for the boy is of his father being handcuffed and taken away. I'm sure this image will stay with him the rest of his life."

Rice declined to comment. An attorney for the city of New York did not return calls seeking comment.

Upon learning his name was on arrest warrants in 1993, Jaconetta promptly turned himself in to authorities and explained the problem, Saunders said.

Later, he hired New York attorney Thomas Brett. In April 1994, Brett sent New York authorities a copy of the Georgia motel burglary report, color photos of Jaconetta, a good conduct letter from the St. Petersburg police and a set of Jaconetta's fingerprints proving he was not the suspect.

Years passed, but the records were never changed, Saunders said.

Then, on Sept. 3, 1999, deputies with a warrant went to Jaconetta's home at 8255 Imperial Drive in Seminole, but no one was home. He was arrested the next day and spent two days in jail.

On Sept. 7, 1999, deputies re-arrested Jaconetta, according to the lawsuit. He was released when authorities realized his photo did not match the picture attached to the New York warrants.

The suspect in the New York crimes was Miguel Cortez, who is 6-feet-3 and 250 pounds. Jaconetta is 6-feet-1 and weighs 180 pounds.

"Mr. Jaconetta is still in the NCIC computer as an alias for Miguel Cortez," said Saunders. "Cortez is in prison now, but if this guy ever gets out and gets in trouble again, Mr. Jaconetta's name could still come up."

Jaconetta is looking for a gambling job in Nevada, Saunders said, "So, obviously, he wants this thing hanging over his head taken care of."

Saunders said a settlement appears imminent. He said he is satisfied that Pinellas sheriff's deputies merely followed procedures in arresting his client, believing they had valid warrants from New York.

"If you really are innocent, this is a terribly frightening thing," said Saunders. "And the amazing thing about it is, it could happen to anyone."

- Jeff Testerman can be reached at (813) 226-3422 or testerman@sptimes.com.

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