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Staten Island Couple Files Lawsuit vs. City, Facebook

Their Pain Over Death Photo Posted On Net Drives Action vs City, Facebook

Staten Island Advance 7/24/09

To the parents of a slain West Brighton woman whose body was photographed at the crime scene and later posted on Facebook.com, their lawsuit is not about money.

Martha and Ronald Wimmer want to force Facebook to enact stricter controls over images that appear on its pages -- or shut down the social networking Web giant altogether.

"I didn't see the picture. I don't want to see the picture. I don't want anybody to see the picture," Mrs. Wimmer said yesterday, standing next to her husband and their attorney, Ravi Batra, in front of the Greenleaf Avenue apartment where Caroline Wimmer, 26, was found March 30, two days after she was beaten and strangled with a hair dryer cord.

"My case is about the Wimmer family. There may not be money involved," Batra said.

Batra made a start by filing a notice of claim in state Supreme Court, St. George, on June 25 that seeks to hold the city, the NYPD, the FDNY and Fire Commissioner Nicholas Scoppetta accountable for the actions of former EMT Mark Musarella in respect of "the illegal posting of a crime scene picture taken under the color of law after a 911 call."

Batra said the claim is a platform for a future federal lawsuit against all pertinent parties, including Facebook.

"I called 911 to help me, not to hurt me," Mrs. Wimmer said. "This EMT had no right to take a picture of my daughter (after she was) strangled, or to put it on the Internet for morons to look at."

Musarella, 46, a retired NYPD Emergency Services Unit detective who was working as an EMT for Richmond University Medical Center when he responded to Ms. Wimmer's apartment, was fired in May for allegedly snapping a photo of the murder victim with his cell phone camera, then posting the photo of Ms. Wimmer's corpse on his Facebook profile.

Last month, Musarella was arrested and charged with official misconduct. If convicted, he could face up to a year in jail.

"New York City is now on notice," Batra said, noting that by responding through 911, Musarella fell under city jurisdiction even though he worked for RUMC.

"The protocols are in tremendous need of reforms to prevent future tragedies, as what happened here."

The suit also cites the landlord of Greenleaf Arms apartments "for lack of minimal adequate security, intercom and lighting, thereby permitting a face-to-face encounter between (Ms. Wimmer) and her alleged killer, Calvin Lawson."

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