Lawsuit blames authorities for Midland Park woman's machete murder
A murdered woman's estate is suing the Midland Park Police Department, the borough, the woman's ex-boyfriend and others saying that a "state created danger" led to her brutal machete death.
Suzanne Bardzell, 48, was hacked to death in her Godwin Avenue driveway Oct. 22, 2015 allegedly at the hands of her ex-boyfriend, Arthur Lomando. The special education teacher and mother of two teenage sons was in her car when Lomando allegedly shattered the driver's side window and stabbed and slashed her to death with a 9½-inch weapon.
Lomando, a former NYPD officer who was terminated due to mental illness, and Bardzell dated for three years but were estranged at the time of her murder.
The 38-page lawsuit, filed Tuesday in U.S. District Court in Newark, says that Bardzell was involved in a domestic violence incident with her ex-husband during their divorce and another where she was the complainant against a boyfriend. Her attorneys, Lawrence Kleiner and Eric Kleiner, say in the lawsuit that Midland Park authorities "became deliberately indifferent towards any [domestic violence] complaints that Bardzell might make in the future."
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"Midland Park knew she was having problems with Lomando," Lawrence Kleiner said. "It left her to seek a restraining order on her own."
"Which was a paper nothing," added Eric Kleiner.
"As a result of the police department's actions, it caused her death, even though a third party was the one who specifically did the physical act itself," said Eric Kleiner.
Reached by phone Wednesday, Midland Park Police Chief Michael Powderley told The Record that he was not yet aware of the lawsuit and that he could not comment on ongoing litigation. "I'm sure it will be handled by our legal department," he said.
Listen: Suzanne Bardzell 911 call to Teaneck police on 10/06/2015 (.mp3)
Listen: Community School administrator 911 call to Teaneck police on 10/09/2015 (.mp3)
The indifference was evident in the way Midland Park authorities handled complaints from Bardzell about Lomando, who lived in Centereach, N.Y., showing up at Bardzell's work and home in a "menacing, stalking and predator-like fashion" into early October 2015, the lawsuit says. On Oct. 5, 2015, Bardzell called police to report that while she was home sick, Lomando broke into her home through the garage. She awoke with him holding a pair of scissors to her throat and allegedly told her that it's easy for him to kill her any time he chooses, according to the lawsuit.
"She knew she was a dead woman walking," Lawrence Kleiner said.
The attorneys said authorities seemed more concerned with Lomando's well-being.
Midland Park Police told Bardzell that it was her word against his, they did not investigate, canvass the neighborhood or collect forensic evidence, the suit alleges. They also refused to sign criminal complaints for second degree burglary, according to the lawsuit, telling Bardzell that other than ordering a temporary restraining order, no police action would be taken.
"Bardzell was horrified, shaken with fear and was in severe emotional distress after being affirmatively turned away" by police, the lawsuit says.
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Police showed Lomando favoritism because he was an ex-police officer, did not reach out to the domestic violence prosecutor for the Bergen County Prosecutor's Office and gave Lomando preferential treatment by providing his attorney with information he did not have access to lawfully, according to the suit.
Bardzell installed a security camera at her home that captured her murder on video. She also sought armed security to protect her, but she was murdered a few days before the security detail began.
"But for these unlawful acts taken on the part of [Midland Park Police], Bardzell would be alive today," the lawsuit says.
The lawsuit asks for compensatory, punitive, pecuniary, emotional distress, loss of companionship and other damages and attorneys fees.
The estate also, in the same filing, is suing for negligence against an unnamed hospital to which Lomando was confined in August and/or September 2015 because he allegedly wanted to kill himself.
Hours after police found Bardzell gravely wounded behind the wheel of her SUV, with the engine still running, Lomando ended up in the path of a New York City subway train, which caused him to lose both lower legs and feet. He is confined to a wheelchair.
Authorities believe Lomando jumped in front of the train, but his attorneys — who are suing the New York City Transit Authority for $50 million — say he either slipped and fell or was nudged off the platform. He is being held in the Bergen County Jail in lieu of $5 million bail on murder, weapons charges, hindering apprehension, stalking, witness tampering and violating a domestic violence restraining order.