Victim’s Mother Wants $750,000 From Adam Zachs’ Father [The Hartford Courant, Conn.]

July 03--West Hartford resident Addie Carone wants $750,000 from the father of Adam Zachs, the man who killed her son and then spent 22 years on the lam.

Carone, who lives in West Hartford, filed a civil lawsuit against Frederick Zachs in October 2011. Frederick Zachs, 79, also of West Hartford, spent six months at Fort Dix Federal Correctional Institution in New Jersey for his role in helping his son dodge authorities for more than two decades.

Adam Zachs was sentenced to 60 years in prison in 1988 for killing Carone's son, Peter, during a disagreement that took place in 1987 at the Prospect Cafe.

At the time, Adam Zachs was released from jail after his aunt posted $250,000 bond, and he fled to Mexico. He was on the run until he was arrested in February 2011. He is now serving his sentence at Cheshire Correctional Institution.

Carone's lawsuit claims that Frederick Zachs' actions caused her mental anguish and emotional and psychological distress.

Superior Court Judge Jane Scholl isued a decision, considered a prejudgment remedy, that found probable cause that the amount Carone is seeking in damages would likely be granted if the court agrees with the merits of her argument, said Carone's attorney, Kerry Wisser.

In her decision, Scholl wrote that Carone testified during a prejudgment hearing that she experienced depression, frustration and bouts of anger as a result of Frederick Zachs' actions when he harbored his son from authorities.

"Thus, the evidence is sufficient for this court to find that there is probably cause that the plaintiff will prevail on her claim for negligent infliction of emotional distress against the defendant," Scholl wrote.

Merits of action are not involved in prejudgment decisions.

Scholl denied a motion from Frederick Zachs to reconsider her decision. Wisser said he determined that the amount in damages should be $750,000. It works out to be about $100 a day in damages over the years, he said.

"In reality, it was one of the most challenging things in the case," Wisser said of determining the amount.

Wisser said he used entries from Carone's diary to show the judge that Carone thought about her son daily and that she promised to never give up searching for his killer.

Wisser says he has already filed a judgment remedy lien against Frederick Zachs'Fern Street condominium but notes that the value of Zachs' home is much less than the amount Carone seeks in damages. As a result, Wisser said, he will identify additional assets that could make up the difference if Carone prevails.

A trial date for the case has not been determined. How the court proceeds will be determined by whether any more motions for re-judgment are filed, Wisser said.

An attorney for Frederick Zachs, Hubert Santos, could not be reached for comment Monday.

A second lawsuit against Zachs is still pending. A lawsuit was filed in February by Travelers Home and Marine Insurance Co. The company says it shouldn't have to pay for Frederick Zachs' defense against the lawsuit filed by Carone, and it is also asking that it not be required to pay damages in the case.

Frederick Zachs maintains that his homeowners' insurance policy should provide him with liability coverage.

Acknowledging the second lawsuit, Scholl made a statement regarding the suit in her decision last month.

"In light of the dispute by the defendant's insurer as to coverage, the court cannot find that 'payment of any judgment that may be rendered against the defendant is adequately secured by insurance.'"

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