Attorney General's Opinion
Attorney General Richard Blumenthal
July 17, 1996
Mr. Burton S. Yaffie, Secretary
Board of Pardons
Trumbull Park Business Center
935 White Plains Road
Trumbull, CT 06611
Dear Mr. Yaffie:
The Board of Pardons asked this office the following questions with regard to the possibility of future executions in the State of Connecticut:
- When is the first execution likely to be scheduled?
- When will a hearing be required in anticipation of an execution date? On the date of execution? Just before the execution? After all other appeals have been exhausted?
- Is it necessary for the Board to convene a commutation hearing in all cases whether requested or not?
- Who could request the convening of this special session: the defendant, his attorney, the Governor, a family member, etc.?
In response to inquiry 1, you should discuss this matter with the Chief State's Attorney. With regard to inquiries 2, 3 and 4, it is our view that it is within the discretion of the Board of Pardons to provide when hearings will be held and the person(s) who may request such a hearing. Moreover, it appears that the Board may initiate a hearing without any request at all.
McLaughlin v. Bronson, 206 Conn. 267, 271, 537 A.2d 1004 (1988).
If you wish the assistance of the Attorney General's Office in drafting regulations dealing with these subjects, we shall be pleased to provide that assistance. You should remember, however, that the substance and direction of these regulatory provisions must come from the Board of Pardons.
Very truly yours,
Ann E. Lynch
Assistant Attorney General