State of Connecticut Division of Criminal Justice · The Brief—State of Connecticut Division of...

THE BRIEF State of Connecticut Division of Criminal Justice

Spring 2012

Annual Prosecutor Training

June 14-15 in New Britain

T he Division of Criminal Justice will hold its An-nual Prosecutor Training program on Thursday, June 14, and Friday, June 15, 2012, at Central Connecticut State University in New Britain. All

prosecutors are strongly encouraged to attend; attendance is mandatory for those who will not have met their statu-tory training requirement by the conference date.

The two-day conference is the Division’s premiere train-ing opportunity for prosecutors, offering a variety of sem-inars on various topics. The program is being planned by the State’s Attorneys’ Training Committee, which for the first time this year solicited suggestions for training topics from all prosecutors. The many suggestions that were re-ceived are being reviewed and the agenda finalized.

The Training Committee consists of State’s Attorneys Pa-

tricia M. Froehlich (Chair), Gail P. Hardy, David Shep-

ack, John C. Smriga, Deputy Chief State’s Attorneys

Leonard C. Boyle and John J. Russotto and Executive

Assistant State’s Attorney Brian Austin, Jr.

The June 14-15 dates for the annual training are “arraignments only” days for the Superior Court and co-incide with the annual meeting of the Judges of the Supe-rior Court. The absence of regular court dockets allows more prosecutors to attend the training.

(Continued on page 13)

CCJECA Seeks Award Nominees,

Scholarship Applications

The Connecticut Criminal Justice Educational and Charitable Association, Inc., (CCJECA) is seeking nominations for the 2012 John M. Bailey Memorial Awards and applications for the John M. Bailey Memorial Scholarships. The award winners and scholarship recipients will be honored at the Tenth


Raheem Mullins Appointed to

Superior Court Judgeship

Raheem Mullins has been appointed as a Judge of the Superior Court effective March 1, 2012.

Attorney Mullins was among six attorneys nominated by Governor Dannel P. Malloy and confirmed by the General Assembly for appointment as Superior Court Judges.

He joined the Division of Criminal Justice in May 2007 as a Deputy Assistant State’s Attorney in the Appellate Bureau and was promoted to Assistant State’s Attorney in June 2009.

Chief Inspector Jack Edwards (right) is congratulated by Assistant United States Attorney Michael S. McGarry at the U.S. Attorney’s Awards Ceremony held January 20, 2012, in New Haven. Senior Assistant State’s Attorney Marjorie Sozanski was also honored. Story page 5.

The Brief—State of Connecticut Division of Criminal Justice—Spring 2012 —

Welcome to the Division of

Criminal Justice …

BARBARA BEAUJOUR was hired as Secretary 2 for Part A, Judicial District of Stamford-Norwalk, effective March 9, 2012.

ADAM MATTEI was appointed as a Deputy Assistant State’s Attorney at the Fairfield Post-Conviction Unit, Judicial District of Fairfield, effective March 23, 2012.

Congratulations ...

Joseph Forte Appointed

Supervisory Inspector for

Waterbury J.D.

JOSEPH FORTE was appointed Supervisory Inspector for the Judicial District of Waterbury. The appointment by State’s Attorney Maureen Platt was effective February 1, 2012. Supervisory Inspector Forte joined the Division of Criminal Justice as an Investigator at Geographical Area No. 4, Waterbury, in December 1998. He was appointed an Inspector for the Judicial District of Waterbury in July 2005. He succeeds James B. Deeley, who retired as Supervisory Inspector in February.

Edward Narus

Appointed Supervisory

Assistant State’s

Attorney, Part A,

Hartford J.D.

EDWARD R. NARUS, was appointed Supervisory Assistant State’s Attorney, Part A, Judicial District of Hartford. The appointment by State’s Attorney Gail P. Hardy was effective March 23, 2012. Attorney Narus joined the Division of Criminal Justice in January 1984 as a Deputy Assistant State’s Attorney in the former Economic Crime Unit at the Office of the Chief State’s Attorney. He was promoted to Assistant State’s Attorney in December 1996 and transferred to the Judicial District of Hartford/New Britain in August 1989. He was designated Senior Assistant State’s Attorney in March 1996. He succeeds Dennis P. O’Connor, who retired as Supervisory Assistant State’s Attorney on June 1, 2011.

James Fletcher Appointed Supervisory

Assistant State’s Attorney, Waterbury

Juvenile Matters

JAMES FLETCHER was appointed Supervisory Assistant State’s Attorney, Juvenile Matters-Waterbury, effective March 23, 2012. He succeeds Judith Dos Santos, who retired March 1. Attorney Fletcher joined the Division of Criminal Justice in January 1990 as a Deputy Assistant State’s Attorney for the Geographical Area No. 18 at Winsted. He was promoted to Assistant State’s Attorney in June 1992. He transferred to Part A, Judicial District of Litchfield in April 2000 and was designated as a Senior Assistant State’s Attorney in July 2000. He transferred to the Judicial District of Waterbury, Juvenile Matters, in June 2008.

Transfers ... • INSPECTOR RICHARD J. PERROTTA transferred from the Financial Crimes Bureau to the Judicial District of Waterbury effective March 23, 2012.

• SENIOR ASSISTANT STATE’S ATTORNEY JASON GERMAIN transferred from Geographical Area No. 4, Waterbury, to the Office of the Chief State’s Attorney as DWI Prosecutor Coordinator, effective March 30, 2012. He succeeds Senior Assistant State’s Attorney Susan Naide, who retired from the DWI Coordinator position on January 1, 2011.

The Brief—State of Connecticut Division of Criminal Justice—Spring 2012—

Retirements ... Supervisory Inspector James Deeley,

Waterbury J.D.

JAMES “BART” DEELEY retired as Supervisory Inspector for the Judicial District of Waterbury effective February 1, 2012. He joined the Division of Criminal Justice as an Inspector for the Office of the State’s Attorney, Judicial District of Waterbury, in July 1992 and was promoted to Supervisory Inspector in April 2005

Supervisory Assistant State’s

Attorney Judith Dos Santos,

Waterbury Juvenile Matters

JUDITH DOS SANTOS retired as Supervisory Assistant State’s Attorney, Juvenile Matters—Waterbury, effective March 1, 2012. Attorney Dos Santos joined the Division of Criminal Justice in January 1998 as a Juvenile Prosecutor in Waterbury. She was promoted to Supervisory Juvenile Prosecutor in April 2008 and was designated Supervisory Assistant State’s Attorney in October 2009 as a result of the enactment of Public Act 9-7, September Special Session.

Assistant State’s Attorney Paul Schneider,

Middletown Juvenile Matters

PAUL SCHNEIDER retired as Assistant State’s Attorney, Juvenile Matters, Middletown, effective March 1, 2012. Attorney Schneider joined the Division of Criminal Justice as a Juvenile Prosecutor in Middletown in June 2004 and was designated Assistant State’s Attorney in October 2009 as a result of the enactment of P.A. 9-7, September Special Session. He is pictured above at a retirement luncheon with Juvenile Investigator

Edward Ingraham (left) and Supervisory Assistant State’s Attorney Francis J. Carino (Juvenile Matters) on the right.

Meriden Investigator Achilles Generoso

Retires; Appointed Assistant Chief of Police

in New Haven

INVESTIGATOR ACHILLES GENEROSO (G.A. No. 7, Meriden) retired from the Division of Criminal Justice effective April 1, 2012, to become an Assistant Chief of Police in the City of New Haven. Assistant Chief Generoso joined the Division of Criminal Justice as an Investigator in Meriden in October 1996. He returns to the New Haven Police Department where he had served as a Sergeant overseeing the narcotics unit prior to joining the Division of Criminal Justice. He is one of four Assistant Chiefs appointed by Chief of Police Dean Esserman.

Senior Assistant State’s Attorney Gerard Eisenman (left) with his wife, Anne, and Nancy and Thomas Gill at a testi-monial held January 19, 2012, at Vazzy’s Four Seasons in Stratford in honor of Mr. Eisenman’s retirement from Part A, Judicial District of Fairfield.

Senior Assistant

State’s Attorney

John East speaks at a

luncheon January 27,

2012, honoring

him on his retirement

from the Appellate

Bureau.


Farewell ... RAHEEM MULLINS resigned his position as Assistant State’s Attorney in the Appellate Bureau upon his appointment as a Judge of the Superior Court, effective February 29, 2012.

Chief Inspector James Rovella

Named Interim Hartford Police

Chief

CHIEF INSPECTOR JAMES ROVELLA has been appointed interim Police Chief for the City of Hartford. Chief Inspector Rovella is serving in the position under an agreement between the Division of Criminal Justice and the City of Hartford.

Chief Inspector Rovella was instrumental in the implementation of the Hartford Shooting Task Force, which focuses on solving non-fatal shootings. The task force was the model for a similar effort now under way in New Haven.

Of Special Note …

Supervisory Assistant State’s Attorney Francis J. Carino (Juvenile Matters) led a discussion on “Sex, Kids and the Law,” sponsored by Norwich Youth and Family

Services on March 15, 2012, at the Norwich Senior Center.

Senior Assistant State’s Attorney Richard J. Colangelo, Jr., presented workshops on “Internet Safety Tips and Social Media Guidelines” on February 15, 2012, at the offices of the Housatonic Coalition Against

Substance Abuse in Bethel, and on January 29, 2012, at the Stepping Stones Museum for Children in Norwalk. On January 18, 2012, he took part in a program on “Facebook and Social Media: What Your Kids Already Know,” at the Middlesex Middle School in Darien.

In Memoriam ...

Paul Frank Narducci

Paul Frank Narducci, 85, formerly of New London, entered eternal life on March 29, 2012, in the comfort of his loving family. Survivors include his son, Senior Assistant State's Attorney Paul J. Narducci (Part A - Judicial District of New London) and his wife Catherine Krenicky. Donations may be made in his memory to St.

Jude Children's Research Hospital, P.O. Box 3704, Memphis, TN 38173-9966.

George R. Arruda

George R. Arruda, 81, of Riverside, R.I., died peacefully on February 26, 2012, surrounded by his loving family. He was the beloved husband of Rosemary Ann (Falco) Arruda. Survivors include his daughter Investigator Leslie B. Hardy (Geographical Area No. 10, New London) and her husband, Scott.

Joseph O'Brien

Joseph (Joe) O'Brien of the Brooklyn section of Waterbury, husband of the late Helen O'Brien, died peacefully in his sleep on Monday, February 13, 2012. Survivors include his son, Senior Assistant State's Attorney Thomas J. O'Brien (Geographical Area No. 14, Hartford). Online condolences may be expressed by visiting www.snyderfh.net Memorial donations may be made to The Basilica of the Immaculate Conception, 74 West Main St., Waterbury, CT 06702, or the Visiting Nurses Association, Inc., 50 Brookside Road, Waterbury, CT 06708.

Walter Grudzien

Walter J. Grudzien, 85, passed away on Friday, January 20, 2012. Survivors include his daughter Kimberly Lavoie (Secretary 2 - Part A, Judicial District of Middlesex) and Efrain Madera, grandchildren Ryan Lavoie and Sara Madera, and great granddaughter Hailey Lavoie. Donations may be made in his memory to Vitas Hospice of Waterbury, 1519 Straits Turnpike, Middlebury, CT 06762

Josephine DellaRocco Tammaro

Josephine "Giuseppina" Grace Tammaro, 86, formerly of Hamden passed away on Tuesday, January 10, 2012 at the Hospital of St. Raphael. Survivors include her daughter, Susan Tammaro Liston, and son-in-law, Timothy J. Liston, retired State's Attorney for the Judicial District of Middlesex.

Kim "Roxanne" Callahan

Kim "Roxanne" Callahan, 59, of Northford, passed away Friday, January 6, 2012. Survivors include her son, Jason S. Callahan, and his wife Senior Clerk Kandice Callahan of the Asset Forfeiture Bureau. Memorial contributions may be made to the American Cancer Society, 825 Brook St., I-91 Tech Center #3, Rocky Hill, CT 06067.

http://www.snyderfh.net


United States Attorney Honors

Jack Edwards, Marjorie Sozanski

Chief Inspector John “Jack” Edwards and Senior Assistant State’s Attorney Marjorie Sozanski (G.A. No. 5, Derby) were among those honored January 20, 2012, at the 17th Awards Ceremony held by the United States Attorney for the District of Connecticut.

Chief Inspector Edwards was cited for his work in the matter of United States v. Felix Robert LaSaracina. In December 2010 Chief Inspector Edwards learned the defendant, a certified public accountant, was involved in a scheme to defraud a family trust out of millions of dollars. He contacted the FBI and Internal Revenue Service.

“This case provides a perfect example of an effective partnership across agencies and working with our colleagues at the Chief State’s Attorney’s Office,” U.S. Attorney David B. Fein said in the awards program announcement. “Each agency brought its special talents to this successful prosecution.”

Senior Assistant State’s Attorney Sozanski was honored for her work on United States v. Cheyne Mazza, et. al. The case involved the discovery of an indoor marijuana cultivation operation and the seizure of 1,450 marijuana plants. Also honored were officers from the Ansonia Police Department and the federal Drug Enforcement Administration.

Information Technology Upgrade

Moving Forward The Information Technology Unit is moving forward with the Infrastructure Upgrade Project that will put new computers at all Division workstations by the end of October.

According to Information Technology Manager Evelyn Godbout, the upgrade project will provide several major improvements, including:

Email will be handled by Microsoft Exchange software. The cumbersome “@po.state.ct.us” suffix will be replaced by “@ct.gov” for all email accounts.

All employees will have remote access to their state email accounts, meaning you can access your work email from home or other internet connection.

All users will be moved to the Microsoft Office 2010 suite. Many new time-saving templates for commonly produced documents will be available customized to individual Judicial Districts and employees.

New shared directories will be established allowing for a greater sharing of files. Each Judicial District will have its own directory accessible to all employees within that district and there is a new “r” drive allowing for sharing of files throughout the Division.

Additionally, the upgrade project will prepare the Division to take advantage of the further technological advances that will be provided by the Connecticut Information Sharing System (CISS), a comprehensive system that will allow a wide range of agencies to share information.

The current schedule calls for the deployment of new computers and software throughout the Division in phases throughout the summer and early fall with all units expected to be in operation by October 1, 2012. All employees will be required to participate in training before the new desktop is installed. Training classes will be held two days per week from 9:00 a.m. to 12:30 p.m. or 1:00 to 4:00 p.m. in the new IT training room at the Office of the Chief State’s Attorney in Rocky Hill. Additional training will be scheduled on a periodic basis for advanced users.

Hartford Mayor Speaks at

Multicultural Luncheon

Hartford Mayor Pedro E. Segarra was the featured speaker at the annual Multicultural Luncheon held at the Office of the Chief State’s Attorney on March 22, 2012.

Mayor Segarra delivered remarks centering on the diversity of the City of Hartford and touching upon his brief tenure as a prosecutor in Geographical Area No. 14, Hartford, in the late 1980s.

The Multicultural Luncheon is sponsored annually by the Employee Advisory Committee on Diversity Issues. The



committee welcomes new members. Any employee interested in joining the committee should contact Executive Assistant State’s Attorney Brian Austin, Jr., at 860-258-5913 or Patricia Alston at 860-258-5868.

Judiciary Committee Endorses

Habeas Reform

The General Assembly’s Judiciary Committee approved legislation strongly supported by the Division of Criminal Justice to bring about long-sought reform of the habeas process.

H.B. No. 5554, An Act concerning Habeas Corpus Reform, is the product of lengthy deliberations involving the Division, the Division of Public Defender Services and the Connecticut Criminal Defense Lawyers Association. The discussions were led by Superior Court Judges Eliot N. Solomon and Carl J. Schuman.

Chief State’s Attorney Kevin T. Kane expressed his appreciation to Judges Solomon and Schuman for the

tremendous effort involved in bringing about agreement on the reform bill.

The bill, which still requires approval of the House of Representatives and the Senate, has been the first legislative priority for the Division of Criminal Justice for several years now.

In layman’s terms, the bill would establish a screening process designed to weed out meritless habeas petitions or petitions that raise claims that have already been adjudicated and rejected. It also would establish a presumption that habeas cases that were not brought within a certain time frame are not timely.

Chief State’s Attorney Kane stressed that the goal of the bill is to reduce the continued influx of meritless and repeat petitions while preserving a means for the consideration of legitimate claims.

Appropriations Committee Votes Additional Funding for Cold

Cases, Shooting Teams The General Assembly’s Appropriations Committee has approved a 2012-2013 state budget providing additional funding and positions for cold case investigations and shooting teams.

The tentative budget approved by the Appropriations Committee on March 29, 2012. It is still subject to approval by the House of Representatives and the Senate.

The budget establishes new line item accounts for the Cold Case Unit and Shooting Task Force. A Chief Inspector and two Inspectors would be assigned to the Cold Case Unit. Three new Inspector positions would be established for a Shooting Task Force in the Bridgeport/Norwalk areas.

The Division reassigned personnel to establish the existing Shooting Task Forces in Hartford and New Haven, which like the cold case units are collaborative efforts drawing personnel and other resources from other state agencies and municipal police departments as well.

The Cold Case Unit was established in the Office of the Chief State’s Attorney in 1998 to investigate cases that had gone “cold,” or were unsolved for a prolonged period of time. A second unit including Inspectors from the Judicial District of New London and the Judicial District of Windham began operation in collaboration with police departments and other agencies in Southeastern Connecticut in October 2009.

The Hartford Shooting Task Force, which originally operated from 2008-2010, was reinstated in July 2011. The New Haven Shooting Task Force began operation earlier this year.

(Continued from page 5)

Hartford Mayor Pedro E. Segarra speaks at the Multicultural Luncheon.


Public Act Clarifies Address

Confidentiality Rules

A new law makes changes to the rules governing the public disclosure of home addresses of current and former prosecutors and Inspectors employed by the Division of Criminal Justice.

Public Act 12-3, An Act Concerning the Exemption from Disclosure of Certain Addresses Under the Freedom of Information Act, permits the disclosure of voter registration and other elections records, municipal property tax grand lists and municipal land records without having the home addresses redacted.

Under the new law, employees who want an agency other than their employing agency to keep their home addresses confidential must submit a written request to the agency and provide his or her business address.

The act applies to a variety of public employees, including current and present state prosecutors and Division of Criminal Justice Inspectors.

The act directs the state Department of Labor to make available on its website a guide that instructs eligible employees how to exercise their rights to keep their home address confidential.

Appellate Digest

Summaries of noteworthy rulings and developments in the

law prepared by Senior Assistant State’s Attorney Timothy

Sugrue of the Appellate Bureau.

Ineffective Assistance of Counsel - Plea

Bargain Process

In Missouri v. Frye, 566 U.S. (2012), and Lafler v. Cooper, 566 U.S. (2012), the United States Supreme Court has held that the Sixth Amendment right to effective assistance of counsel extends to the plea bargain process. While the battle in this regard will largely be fought after-the-fact in the habeas corpus arena, an ounce of prevention is worth a pound of cure.

In order to help combat bogus, years down the road, claims of ineffective assistance of counsel in this context, especially in high-stakes JD cases, it is most advisable that a record be made regarding the communication of any and all formal plea offers to the defendant, its terms and conditions, and its disposition. Ideally, plea offers should be written, with the terms and conditions clearly set forth. At the least, this information should orally be placed on the court record at an appropriate time. If the

initial plea is accepted, and no others existed, make this fact clear during the subsequent plea proceeding. It is most important to make a lasting record of any rejected plea offer, whether the defendant goes to trial or whether he eventually agrees to a subsequent, less favorable, plea. The record of the subsequent plea or trial proceeding should make clear the existence of any prior plea offer, its terms and conditions, and the facts that it was communicated to counsel and client and rejected.

In cases in which an offer has been rejected, the trial court would be wise, and should be encouraged, to engage in a brief plea-rejection canvass of counsel and client regarding the defendant’s knowledge of any prior offer, its disposition, the meaningful ability each had to consult with the other regarding the plea and the state’s likely evidence, and the defendant’s satisfaction with counsel’s advice. It will be rather difficult for a defendant to credibly assert in a later habeas action that he was unaware of, misunderstood, or did not intelligently reject a plea offer when he is on record in the trial court saying essentially the opposite. Any pertinent documents should be marked as court exhibits, further solidifying the record.

Waiver of Claimed Jury Instruction Errors

In order to facilitate the ability of the state on appeal to successfully assert a waiver of a claimed jury instruction error, please strive for the creation of a trial record which


Important

The Mock Trial Team from Our Lady of Mercy School in Madison won the Middle School State Championship held February 28, 2012, at the Appellate Court. The team was coached by Mrs. Nancy Addorisio, eighth grade teacher at Our Lady of Mercy School, and Senior Assistant State’s Attorney Eugene Calistro, Jr. (New Haven Career Criminal Unit), and voice and drama coaches Lily Molloy and Denise Roberts. The team was also assisted by the Reverend Rob-ert Turner and Middlesex State’s Attorney Peter A. McShane. The mock trial program was developed 15 years ago by Civics First, a private nonprofit association that promotes and conducts law-related education programs.


contains the following:

1. A clear indication that the defendant has been afforded a meaningful opportunity to review and comment upon the court’s proposed final charge prior to it being given to the jury.

The ideal method of doing so, which a number of trial courts are beginning to embrace, and which you would be wise to advocate for, is an on-the-record charge conference during which the court and the parties go through a printed draft of the proposed final charge page by page; and

2. A copy of the trial court’s final draft of the proposed charge marked as a court exhibit. To save time on this end, please retain a copy of the actual court exhibit in the trial file that gets sent to Appellate when an appeal is taken.

The creation of this ideal record may be time consuming in some cases. This should be no deterrent because, absent an instruction that is so bad as to amount to plain error, such a record should doom appellate claims of instructional error. The result in saved convictions (time and money) and the avoidance of the embarrassment of reversal for trial court judges for instructional error, should offer sufficient incentive to take the needed time to make an ideal record.

Miranda Custody - Generally And In Context

Of Prison Environment

In Howes v. Fields, 565 U.S. (2012), the United States Supreme Court has rejected a categorical rule that a prison inmate always is in “custody” for Miranda purposes whenever he is isolated from general population and questioned about conduct that occurred outside of the prison.

The question whether an inmate is subjected to “custody” for purposes of Miranda is answered by examining the totality of the circumstances surrounding the manner in which the inmate is summoned to the interview, and the manner in which the interrogation is conducted.

Here, the following facts tended to support the existence of “custody”: the interview lasted between five and seven hours, continued well past normal bedtime, and was conducted in a “very sharp tone” by armed deputies.

On the other hand, the following facts tended to - and, in the Court’s view, did - establish a lack of “custody:” the inmate was told prior to, and during, the interrogation that he was free to leave and return to his cell, he was not physically restrained or threatened, and he was offered food and water; the interrogation occurred in a well-lit, average-sized room that was not uncomfortable, and the door was sometimes left open.

Howes is an advisable read, and an excellent resource, because it contains an abundance of general Miranda “custody” language that may be applied in any context in which such a claim is made.

Joinder of Multiple Informations for Trial - NO

MORE PRESUMPTION

In State v. Payne, 303 Conn. 538, 547-48 (2012), the court has abandoned the blanket presumption in favor of joining multiple informations for trial that was first recognized in State v. King, 187 Conn. 292 (1982), and developed in subsequent cases.

The burden of proof regarding joinder is now as follows:

In the trial court, when multiple charges have already been joined in a single information by the state pursuant to § 54-57, and the defendant has filed a motion to sever the charges for trial pursuant to Practice Book § 41-18, the defendant bears the burden of proving that the offenses are not of the “same character”; General Statutes § 54-57; and therefore that the charges should be tried separately [fn omitted.] On the other hand, when the charges are set forth in separate information, presumably because they are not of the same



Inspector William Butka of the Workers’ Compensation Fraud Control Bureau with former U.S. Attorney General Edwin Meese, III, at the National Narcotics Officers' Associ-ations Coalition meeting held in Washington, D.C., in Feb-ruary 2012. Inspector Butka is the coalition’s Northeast Regional Director and meeting planner.


character, and the state has moved in the trial court to join the multiple informations for trial, the state bears the burden of proving that the defendant will not be substantially prejudiced by joinder pursuant to Practice Book § 41-19 [fn omitted.] The state may satisfy this burden by proving by a preponderance of the evidence, either that the evidence in the cases is cross admissible or that the defendant will not be prejudiced pursuant to the [State v.] Boscarino[, 204 Conn. 714722-24 (1987)] factors.

Please make sure to review Payne carefully when contemplating joinder and severance issues.

Questioning Sexual Assault Complainants re

Prior Sexual History

In State v. Crespo, 303 Conn. 589, 611 n.17 (2012), the Court observed that the “state proceeds down a potentially dangerous testimonial path in a sexual assault case any time it questions the victim about his or her prior sexual activity[,]” and it cautioned against attempts to use the rape shield statute as both a prosecutorial sword and a victim’s shield.

This message should be taken to heart, and Crespo reviewed for context and guidance in sexual assault prosecutions.

Illegal Sentence - Aggregate Period of

Special Parole Capped at 10 Years

In State v. Brown, 133 Conn. App. 140, 150-60 (2012), a majority of a panel of the Appellate Court has held that the ten-year cap imposed pursuant to § 54-125e (c) upon the “period of special parole” applies to limit the aggregate period of special parole that a court may impose consecutively for separate offenses of conviction. (Note: the statute exempts certain specified offenses of conviction from the ten-year cap. Brown does not affect these offenses of conviction).

In Brown, a plea agreement was entered whereby the defendant pled guilty to one count of possession or narcotics with intent to sell and one count of sale of narcotics. In exchange for the pleas, the defendant was sentenced: on count one, to a term of imprisonment of five years and a ten year term of special parole; and, on count two, to a consecutive term of imprisonment of four years and a consecutive six year term of special parole. The contemplated total effective sentence was, therefore, nine years imprisonment and sixteen years special parole. Other charges were nolled.

Based on the majority’s construction of § 54-125e (c), the Court concluded that the cumulative sixteen year term of

special parole exceeded the statutory ten-year cap and, therefore, was illegal. Adding insult to injury, the Court declined to set aside the plea agreement, which no longer embodied a meeting of the minds, and merely remanded the matter for resentencing.

The state will seek further review of both aspects of this decision in our Supreme Court. Until further notice, the decision is good law and a sentence to a period of special parole in excess of ten years, for a non-exempted offense or offenses, is illegal and vulnerable to challenge.

Search & Seizure: GPS Device To Monitor

Vehicle

In United States v. Jones, 565 U.S. (2012), a slim majority of the United States Supreme Court has held that the government’s warrantless a n d n o n c o n s e n s u a l installation of a GPS device to the underbody of a target’s vehicle while it was publicly parked, and its use of the device to monitor the vehicle’s movements, constituted a “search “ for purposes of the 4th Amendment.[1]

Some history is in order to explain this decision. The 4th Amendment was designed and, for many years thereafter interpreted, to require the government to obtain a warrant prior to physically intruding upon constitutionally protected areas (“persons, houses, papers, and effects”) in order to obtain information - the common law trespassory test.

In subsequent cases, such as Katz v. United States, 533 U.S.



Important

Chief State's Attorney Kevin T. Kane (right) participated in a panel discussion on “Careers in Public Service: Secur-ing a Government Internship, Clerkship or Permanent Po-sition” at the University of Connecticut Law School on March 21, 2012.

27 (2001), the Court supplemented the trespassory test with the more commonly known and applied reasonable expectation of privacy test, which does not necessarily require a physical intrusion into the protected area.

The Jones case was decided on the basis of the trespassory test, not the reasonable expectation of privacy test (this was a bone of contention between the Court’s majority and minority factions). In a nutshell, the majority held that the government violated the 4th Amendment because, without a warrant or consent, they physically trespassed upon Jones’ vehicle, by placing the GPS device on it, for the purpose of obtaining information. The question whether and under what circumstances electronic tracking accomplished without a “trespass” may constitute an encroachment of a reasonable expectation of privacy is open and unsettled.

The Jones case is distinct from cases such as U.S. v. Knotts, 460 U.S. 276 (1983), and U.S. v. Karo, 468 U.S. 705 (1984), in which tracking devices were placed into a container with the then-owner’s consent prior to coming into the physical possession of the target and which the government used to track the container.

The Jones decision does not render constitutionally suspect the acts of visually observing, and following, a vehicle from a lawful vantage point.

[1]The Court did not consider whether the search was constitutionally reasonable based on probable cause that Jones was engaging in criminality because the Government did not raise such a claim.

Pinkerton Liability - Robbery as Predicate for

Felony Murder

In State v. Apodaca, 303 Conn. 378, 392-97 (2012), the court has held that a conviction of robbery in the first degree premised upon Pinkerton liability* may serve as the predicate crime for a conviction of felony murder. Here, the defendant claimed that the felony murder statute contemplates that a defendant “commits” the predicate felony only when acting as a principal or accessory. Pinkerton, on the other hand, allowed the defendant to be held vicariously liable for robbery, without having acted as either a principal or an accessory, based on a conspiracy.

Pursuant to Pinkerton v. United States, 328 U.S. 640 (1946), a conspirator may be held vicariously liable for criminal offenses committed by another conspirator that are within the scope of the conspiracy, are in furtherance of it, and are reasonably foreseeable as a necessary and natural consequence of the conspiracy. Pinkerton previously had been adopted as a matter of state law. State v. Walton, 227 Conn. 32, 45-46 (1993).

Eyewitness Identification Evidence -

Police Action

In Perry v. New Hampshire, 565 U.S. (2012), the Court has held that the

Due Process Clause does not require a preliminary judicial inquiry into the reliability of an eyewitness identification when the identification was not procured under unnecessarily suggestive circumstances arranged by law enforcement.

In other words, what triggers due process concerns is the police use of an unnecessarily suggestive identification procedure. In cases in which such use is absent, the reliability of an eyewitness identification is tested “through the rights and opportunities generally designed for that purpose, notably, the presence of counsel at post indictment lineups, vigorous cross-examination, protective rules of evidence, and jury instructions on both the fallibility of eyewitness identification and the requirement that guilt be proved beyond a reasonable doubt.”

In this case, the defendant was being detained by a police officer in the parking lot of an apartment building when the witness, who was being interviewed in an apartment by another officer, spontaneously, and without inducement from the police, went to the window and identified the defendant as the person she had seen breaking into a vehicle.



Volunteers prepare for the Connecticut Criminal Justice Educational and Charitable Association crock pot cook-off. Proceeds from the event, held January 30, 2012, at the Rocky Hill Training Center, benefit the John M. Bailey Me-morial Scholarships.


Personnel Notes • OPEN ENROLLMENT for health and dental insurance will be held during the month of May for coverage changes effective July 1, 2012. Additional information will be forthcoming.

• PEFORMANCE EVALUATIONS for employees with July Annual Increment (AI) dates are due during the month of April.

• LONGEVITY PAYMENTS for eligible employees will be included in pay checks dated April 20, 2012.

Training Opportunities

NDAA “e*learning” Center

The National District Attorneys Association (NDAA) has created an “e*learning center” that provides online training for prosecutors at no cost. Some subjects include digital evidence, child witnesses in court, prosecuting animal abuse and civil gang injunctions. These courses are just a few of those offered. Additional information and full listing of course is available on the NDAA website. Follow the link from the training opportunities section of the Division intranet site.

All employees must submit a DCJ Training Request Form to receive credit for any completed courses. Fax the completed form to Executive Assistant State's Attorney Brian Austin, Jr., at 860-258-5858.

Association of Prosecuting Attorneys

The Association of Prosecuting Attorneys (APA) was founded as a national "think tank" to represent all prosecutors and provide additional resources such as training and technical assistance in an effort to develop proactive innovative prosecutorial practices that prevent crime, ensure equal justice and make our communities safer. Follow the link from the Division’s Intranet site for more information on training webinars and how to request access to past webinars.

National Center for Victims of Crime Online

Training

The National Center for Victims of Crime offers a variety of training programs and resource centers designed for victim service providers, law enforcement officers, prosecutors, and allied professionals serving crime victims. Division of Criminal Justice employees who participate in webinars should submit a completed Training Request Form so that credit can be recorded.

Prescription Drug Abuse

On Thursday, April 5, 2012, the U.S. Attorney's Office for the District of Connecticut, the Drug Enforcement Administration and the Connecticut Department of Consumer Protection, Drug Control Division, are sponsoring a one-day conference on prescription drug abuse, investigations, prosecutions and possible solutions. There is no cost for this conference which will be held at the Norwalk Community College. Division employees interested in attending must submit a DCJ Training Request Form by fax to Executive Assistant State's Attorney Brian Austin, Jr., at 860-258-5858 and the summit registration form, which is available by following the link on the Division's Intranet site, www.ct.gov/insidedcj.

Human Trafficking

The U.S. Attorney’s Office, FBI and Yale University School of Law are sponsoring “Trade of Innocents: A Global Perspective on Human Trafficking” on April 12-13, 2012, at the Yale Law School in New Haven. The symposium will feature a series of panels about the efforts of law enforcement agencies and non-governmental organizations to detect, investigate and prosecute domestic and international human trafficking. Deputy U.S. Attorney General James Cole will give opening remarks. To register visit http://www.law.yale.edu/news/tradeofinnocents.htm You may register for the Thursday afternoon session, Friday


Patricia Alston, retired Equal Employment Opportunity Spe-cialist and scholarship chair for the Connecticut Associa-tion of Diversity and Equity Professionals, congratulates scholarship recipient Ashley Mussington, who is now com-pleting her first year at the University of Hartford.

http://www.ct.gov/insidedcj

http://www.law.yale.edu/news/tradeofinnocents.htm

http://www.law.yale.edu/news/tradeofinnocents.htm


morning session or both. Once you have registered, please submit a completed Training Request Form to Executive Assistant State's Attorney Brian Austin, Jr., by fax at 860-258-5858.

Our History, Our Future: Celebrating

Attorneys of Color in Connecticut Symposium

The Connecticut Bar Foundation James W. Cooper Fellows, in partnership with the bar associations for attorneys of color, is presenting a symposium that will convey the untold history of attorneys of color in Connecticut. The program will be held on Friday, April 13, 2012, at the Quinnipiac University School of Law in Hamden and include a luncheon presentation, as well as morning and afternoon panels on mentoring and leadership. There is no charge for this symposium. Space is limited. Additional information is available from Executive Assistant State’s Attorney Brian Austin, Jr.

Connecticut Drug Endangered Children

Alliance

The Connecticut Drug Endangered Children Alliance, of which the Division is a member, is sponsoring a two-day conference on Wednesday afternoon, April 25, 2012, and all day Thursday, April 26, 2012, at Camp Niantic in Niantic. The event focuses on the dangers children face in drug involved settings and will have sessions specifically targeted to prosecutors, inspectors and investigators. There is no cost to attend. If you are interested in attending one or both days, please submit a completed Training Request Form to Executive Assistant State's Attorney Brian Austin, Jr., by fax at 860-258-5858.

Fraud Investigation

The Department of Emergency Services and Public Protection Police Officer Standards and Training Council’s Field Services Training Division is sponsoring a four-day course on Fraud Investigation from May 15-18, 2012, at the Connecticut Police Academy in Meriden. Class hours will be from 8:30 a.m. to 4:30 p.m., with registration at 8:00 a.m. This class is intended as cross-functional training for investigators, analysts, auditors and prosecutors. The curriculum blends the investigation and audit disciplines to prove fraud and financial crimes by focusing on transactions and the use/control of funds. Class size is very limited. Employees interested in attending must submit a completed Training Request Form to Executive Assistant State's Attorney Brian Austin, Jr., by fax at 860-258-5858.

Legal Training on Housing Matters

The Police Officer Standards and Training Council Field Services Training Division, in cooperation with the Office of the Chief State’s Attorney, is offering a one-day seminar on “Legal Training on Housing Matters" on Thursday, May 17, 2012, from 8:30 a.m. to 4:00 p.m., in the auditorium at the Connecticut Police Academy, 285 Preston Ave., Meriden. The seminar, conducted by Supervisory Assistant State’s Attorney Judith R. Dicine and Senior Assistant State’s Attorney Patrice Palombo, will deal with lockouts and self-help evictions, unlawful entry, no-heat and termination of essential services, and criminal damage to a landlord’s property. Attendance is not limited in numbers. Interested individuals should submit a completed DCJ Training Request Form to Executive Assistant State's Attorney Brian Austin, Jr., by fax at 860-258-5858 by April 12, 2012.

Melanie Rieger Memorial Conference

The 16th Annual Melanie Rieger Memorial Conference will be held May 30-31, 2012, at Central Connecticut State University in New Britain. The full agenda is available by following the link under Training Opportunities on the Division's Intranet site, www.ct.gov/insidedcj

Calendar APRIL 12, 2012—COLLECT Recertification, 9 a.m. to 3:00 p.m., Department of Emergency Services and Public Protection Forensic Laboratory, 294 Colony St., Meriden.

APRIL 26, 2012—COLLECT Recertification, 9 a.m. to 3 p.m., Department of Emergency Services and Public Protection (DESPP) Forensic Laboratory, 294 Colony St., Meriden.

MAY 9, 2012 – General Assembly adjournment deadline.

MAY 10, 2012—COLLECT Inquiry Only (for new users), 9 a.m. to 3 p.m., DESPP Forensic Laboratory, 294 Colony St., Meriden.

MAY 15-18, 2012—Fraud Investigation, 8:30 a.m. to 4:30 p.m., Connecticut State Police Academy, Preston Avenue, Meriden.

MAY 24, 2012— COLLECT Recertification, 9 a.m. to 3 p.m., Department of Emergency Services and Public Protection (DESPP) Forensic Laboratory, 294 Colony St., Meriden.





Annual John M. Bailey Memorial Scholarships and Awards Dinner to be held June 14, 2012, at the Aqua Turf in Plantsville. Tickets are $40.00 and can be obtained by contacting Inspector William Butka in the Workers’ Compensation Fraud Control Bureau.

John M. Bailey Memorial Awards

Nominations are being sought for:

Oliver Ellsworth Prosecutor of the Year

Employee of the Year

Lifetime Achievement

Special Recognition

This is an excellent opportunity to see to it that one or more of your deserving colleagues are accorded the recognition that he or she each deserves. To submit a nomination, please specify award for which the individual is being nominated, his/her name, duty station and length of service, and the reasons the nominee would be an outstanding award recipient. Please devote some time and thought to a worthy endeavor and submit all nominations by May 6, 2012 to:

John H. Malone Office of the State’s Attorney New Britain Judicial District 20 Franklin Square New Britain, CT 06051-2653

Fax: (860) 515-515-5266 [email protected]

John M. Bailey Memorial Scholarships

Scholarships are awarded to high school seniors or college undergraduates enrolling in or enrolled in college who are majoring in or planning to major in any criminal justice or related field. Criminal justice is defined as, but not limited to law, legal studies, public safety, court services, law enforcement, fire science, forensic science, juvenile/family justice, protective service, corrections, parole, homeland security, environmental protection.

It is anticipated that two or more scholarships will be awarded. The application form is available at www.ccjeca.org or by following the CCJECA link on the Division Intranet site, www.ct.gov/insidedcj


CCJECA Seeks Award Nominees,

Scholarship Applications

Section 51-279c of the General Statutes requires the Divi-sion to provide formal training of at least five days for all newly appointed prosecutors and ongoing training of at least two days each year for all other prosecutors.

The Division provides a wide variety of training opportu-nities for all employees throughout the year. These op-portunities and the appropriate application procedures are listed on the Intranet site, www.ct.gov/insidedcj. All employees are advised that they must submit a complet-ed DCJ Training Request Form in order to receive credit for any training whether you are receiving training or providing training. The form can be downloaded from the Intranet site.


Annual Prosecutor Training

June 14-15 at Central

Connecticut State University

MAY 28, 2012 – Memorial Day. State Holiday.

MAY 30-31, 2012—16th Annual Melanie Rieger Memorial Conference, Central Connecticut State University, New Britain.

JUNE 14, 2012—COLLECT Recertification, 9 a.m. to 3 p.m., Department of Emergency Services and Public Protection (DESPP) Forensic Laboratory, 294 Colony St., Meriden.

JUNE 14-15, 2012 – Annual Prosecutor Training, Central Connecticut State University, New Britain.

JUNE 14, 2012 - John M. Bailey Memorial Scholarships and Awards Dinner, 6:30 p.m., Aqua Turf, Mulberry Street, Plantsville.

JUNE 28, 2012—COLLECT Recertification, 9 a.m. to 3 p.m., Department of Emergency Services and Public Protection (DESPP) Forensic Laboratory, 294 Colony St., Meriden.

JULY 4, 2012—Independence Day. State Holiday.


Calendar

mailto:[email protected]

http://www.ccjeca.org



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