Lynn seeking relief from lawsuit filed by vandal’s mom

LYNN – The case surrounding a Lynn man’s vandalism rampage in 2003 that netted approximately $10,000 in damages is moving forward.Nearly five years after Matthew Foster Jr.’s crime spree occurred on Halloween night in 2003, city officials are seeking a summary judgment to hash out the details of the case and a lawsuit later filed against the city by Foster’s mother Virginia, to determine if a trial is necessary.If a resolution is not reached, a trial may be scheduled for September or October in Federal Court in Boston.In 2003, Foster, of 96 Copeland Road, reportedly went on a vandalism spree in Ward 1, causing an estimated $10,000 worth of damage to cars, homes, and storage sheds.According to court documents, police responded to 16 homes with damages stretching from Lynnfield Street to the border of Lynn Woods on the morning of Nov. 1, 2003.One of the victims was State Police Sgt. Richard Lupi, who reported that the windows to his cruiser, Chevrolet truck with a boat hitched to the back, and home were smashed the night of the incident. He also reported graffiti on his backyard storage shed.In 2004, Foster, the son of Gannon golf pro Michael Foster Sr., was convicted in Lynn District Court on 13 counts of wanton destruction of property over $250 and one count of wanton destruction of property under $250.Foster was ordered to adhere to probation conditions that included $7,500 in restitution and to remain drug- and alcohol-free.The investigation also led police to Wayne Lozzi, the son and namesake of Ward 1 City Councilor Wayne Lozzi, for his involvement in the incident.Lozzi turned himself in to authorities shortly after police filed charges and was ordered held in the State Department of Youth Services custody for 60 days as a result of prior incidents, according to police.Then, in 2006, Virginia Foster filed a lawsuit against the city for emotional distress based on allegations the Lynn Police Department abused their powers and harassed her family in 2003 while conducting search warrants at her home.She also claims her son was falsely imprisoned on the vandalism charges.Despite Virginia’s claims, assistant city solicitor James Lamanna insisted the two search warrants were authorized by the Lynn District Court and were closely monitored by attorneys.The first search was reportedly for evidence in the vandalism charges such as spray paint and broken glass, and the second was for weapons, none of which were found.”Virginia basically alleged the 18 Lynn Police officers involved in the searches were out to retaliate against her and that items were vandalized or taken from her home,” he said. “There is no evidence to back the claims up that baseball caps, a hockey bag with baseball equipment and jewelry were taken. And there’s no way you could hide taking a hockey bag.”Regardless, Lamanna said he is confident the case will either get thrown out of court or that the city will succeed in a jury trial.”A ping pong table may have been damaged during the search, but other than that, clearly there were no items taken,” he said. “The officers involved in the searches have very strong records and there are no independent witnesses that observed items being taken.”On the other hand, Boston attorney Valeriano Diviacchi, who is representing Virginia Foster, said he is confident the city’s case will not get thrown out of court.”I’m pretty confident,” he said. “But we’ll see what happens.”In the 16-page lawsuit, the charges listed again the Lynn Police Department include civil rights violations, assault and battery, intentionally inflicting emotional distress, abuse of process, aiding and abetting, civil conspiracy and many others.