NMPD assistant chief to testify
Published 5:56 pm, Wednesday, March 26, 2014
The civil trial is scheduled to begin April 29 in Superior Court in Litchfield. The trial management conference will be April 15.
Fergus was repeatedly stabbed by her estranged husband, Neil Fergus, on Nov. 14, 2009, hours after calling the New Milford police to report threatening calls from him.
The attack happened in front of the Fergus' two oldest children.
Fergus' claim against the town has two counts: New Milford police were negligent in not preventing the attack, and the children suffered emotional distress by witnessing the attack.
Buckley is being called to "testify to facts and opinions he had provided in his deposition testimony," according to attorney Joel Faxon, representing Fergus.
That would include NMPD policies and procedures concerning investigation of and response to alleged violations of protective orders issued by the court.
The attorney representing the town, James Talberg, fought to bar Fergus' claims against the town on the stand the town has governmental immunity.
Talberg also claimed there is a lack of material facts to support Fergus' claims, according to court documents.
On Jan. 8, the state Supreme Court denied the town's appeal in which Talberg made his argument.
Neil Fergus was sentenced in October 2012 to a 30-year prison term, to be suspended after 13 years, to be followed by five years of probation for the attack.
He is now incarcerated.