WINNEMUCCA — A civil rights lawsuit was recently launched against DA Russell Smith and Humboldt County.  The suit alleges Martin Fonseca’s Fourth and Fifth Amendment rights were violated while he was being prosecuted and detained on allegations of attempted murder.

CASE HISTORY:  Fonseca was arrested in March 2008 for stabbing his son-in-law. The son-in-law and various family members told authorities Fonseca approached his son-in-law in the common area of their apartment complex and stabbed him.

Evidence later showed the son-in-law broke down the door of Fonseca’s apartment and approached him aggressively.  According to court documents, Fonseca warned his son-in-law he had a knife and he (the son-in-law) shouldn't come any closer.  When the son-in-law continued advancing he was stabbed by Fonseca.

The family members were involved in a dispute with each other prior to the stabbing.

THE SUIT AGAINST THE DA: In the suit, Fonseca alleges Humboldt County DA Smith learned a week after the stabbing that the witnesses had lied but continued to prosecute and detain Fonseca.

The suit alleges Smith was told by another witness about the lies but did not provide this information to defense counsel.  The suit also alleges Smith failed to provide the defense with photographs taken of Fonseca’s door, which allegedly showed the damage of having been kicked in.

Evidence that may prove beneficial to proving the innocence of the victim is known as exculpatory evidence.  Under Brady v Maryland, failure to provide the defense with exculpatory evidence is a violation of the defendant’s due process rights under the Fifth Amendment.

Fonseca is also alleging his Fourth Amendment right against unreasonable seizure was violated because he spent a year in jail.

THE SUIT AGAINST THE COUNTY:  The suit alleges the county had an obligation to properly train staff – including 911 operators.  It claims the county was lax in its oversight of 911 dispatchers prior to the incident and took no corrective actions afterwards.

According to court documents, as the situation with his family turned aggressive, Fonseca attempted to call 911 multiple times but was allegedly told by the Humboldt County dispatcher that he wasn’t allowed to call 911 anymore.

The suit further alleges investigating officers were negligent in their duties.  The investigation was conducted by the Winnemucca Police Department – who aren’t specifically named in the suit.

**Smith denied the allegations in a written response to the court.  The Fonseca suit is the second federal civil rights lawsuit launched against Smith this year.