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Sunday, May 19, 2013
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Four counts in Jefferson deputy’s suit tossed

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State Supreme Court Justice James P. McClusky on Thursday dismissed four “causes for action” claimed by a Jefferson County deputy sheriff against her department, the sheriff and a detective.

The lawsuit filed by Deputy Krystal G. Rice now hinges on one cause, breach of contract. Her claim alleges that Detective Steven C. Cote “exploited” her by having her pose for photographs “in little or no clothing” under the guise of investigating online pedophiles.

Nothing indicates the alleged investigation had an outcome, and Deputy Rice claims she was promised that the photographs would be surrendered to her. That never occurred, and the pictures apparently have disappeared.

In an unwritten ruling from the bench Thursday morning, Judge McClusky granted a motion by County Attorney David J. Paulsen, dismissing an allegation of destroying evidence. State law does not recognize such a claim, he ruled.

Three other counts were dropped because the claims were not filed within the state’s one-year, 90-day statutory limit. Erased are allegations of fraud, and intentional and negligent infliction of emotional distress.

Also named as defendants are Sheriff John P. Burns and now retired Lt. Michael S. Peterson. Deputy Rice is represented by attorney Charu Narang, Sackets Harbor.

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