EMT's Facebook Photos of Murder Victim Spark Lawsuit

Caroline Wimmer

Last month Staten Island EMT Frank Musarella, 46, a retired NYPD detective, was arrested for posting on his Facebook page a crime scene photo of a murder victim taken with his cell phone. If convicted of official misconduct, he could face up to a year in jail. But victim Caroline Wimmer's parents, who found their daughter's strangled and beaten body in March after not hearing from her for a few days, are filing a notice of claim in state Supreme Court to hold the city, the NYPD, the FDNY and Fire Commissioner Nicholas Scoppetta accountable.

Speaking to reporters in front of her Staten Island home on Thursday, Caroline's mother Martha Wimmer told reporters, "I didn't see the picture. I don't want to see the picture. I don't want anybody to see the picture. I called 911 to help me, not to hurt me. 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." The family's lawyer says, "There may not be money involved," and the legal action is a platform for a future federal lawsuit against all pertinent parties, including Facebook.

In a statement sent to the Staten Island Advance, Facebook spokesman Barry Schnitt said, "That someone would take her photo under these circumstances is at once disturbing and despicable. We have a robust reporting infrastructure and a large team of professional reviewers who remove thousands of photos a day from the site that violate our policies." The Wimmers want to force Facebook to increase controls on images that appear on the site or else shut down altogether.

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." Lawson was arrested in May; Martha Wimmer believes rumors on MySpace that Lawson was cheating on his girlfriend with her daughter may have motivated the killing.

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By John Del Signore in News on July 25, 2009 9:47 AM

Comments [rss]

Rfive

Ask jlevine. I'm sure he/she's got tons on facebook.

ribaldry

HOT! Anyone got a copy of said photo?

jaycjay

"The Wimmers want to force Facebook to increase controls on images that appear on the site or else shut down altogether."

It's ridiculous to blame Facebook for this. If the site had already been shut down before this happened, he would likely have just posted it somewhere else. The fact is that sick stuff has been posted online since well before Facebook, and even well before the Web. They may as well try to shut down the Internet.

crotchbang

The guy's name is Mark Musarella, not Frank.

Rfive

And posting this picture of her helps who?

detective jarvis

are you some kind of moron. i dont think that this guys intenion was to HELP anyone by posting the picture. Why the hell woul you even ask that?

Rfive

Uh, no, I'm not. Posting her picture on this blog is dumb fuckface. You think its a good idea?

detective jarvis

im sorry are you some kind of illiterate. did you not read my post. anyway what difference does it make if her picture is posted on this blog. its not the picture of her dead body. this picture that is on this blog has been shown here and in papers all over nyc. i dont think its a good idea or a bad idea. i think it makes no fuckin differrence whatsoever. you seem to be very confused. did you read the posting or just decide to comment without reading?

zodak

why the hell would anyone take a victim of a crime victim? sick bastard. & why would anyone kill such a beautiful girl. ugh

detective jarvis

wow what a stupid fuckin comment. what does the girl being pretty have to do with anything. are you saying that if she was ugly it would have been acceptable? yeah only people that are attractive deserve basic human rights