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Found innocent, man to file suit
CORTLAND — Michael Riley has been found innocent of performing a lewd sex act while driving with children in his car, but his days in court are not over.
Todd Brainard, attorney for Michael Riley, 56, of Massillon, said Riley plans to file a lawsuit against all involved in the case except for the truck driver who made the initial call leading to his arrest.
Riley was found innocent in Trumbull County Central District Court of three counts of child endangering and one count of public indecency, according to court personnel.
According to a Ohio State Highway Patrol report, a truck driver noticed the driver of a maroon Chevrolet performing the sex act in the front seat in October 2007 as the car traveled north on state Route 11 in the county. Three children were in the back seat.
An officer reported Riley’s telling him that he worked for the Bair Foundation in Kent.
He was transporting the children to Lake County Children Services so they could visit with their biological parents. The children were picked up in Minerva and New Waterford.
Brainard said it took a jury of eight less than 20 minutes to find Riley innocent of the charges.
“There was no evidence except a truck driver. The truck driver did everything correct — saw something and called police to investigate. The problem is the police involved went overboard,” he said.
Brainard said the truck driver never said he saw Riley’s pants down or saw his genitals.
He said the allegation reported to 911 was that it appeared Riley was doing something through his zipper.
That, he said, somehow became misconstrued by police to be an open sex act.
Brainard said the entire situation took place because of a lack of communication between the 911 call center and police.
Brainard touted the decency of Riley and his wife — including the adoption of three children.
He said Riley’s reputation has been damaged virtually beyond repair.
“Mr. Riley has been involved in foster care for 30 years and has had 30 children in their home. They are Christian parents,” he said. “These are low-paid, hard-working, good-hearted people who save every penny they make to take care of their children.”
Though commending the truck driver for doing what he saw as the right thing and alerting authorities about an alleged crime, Brainard said he plans to file a lawsuit against everyone else involved in the arrest.
“I think someone owes this guy an apology,” he said of Riley.
Assistant Prosecutor Sean O’Brien could not be reached to comment.
jgoodwin@vindy.com