Chief State’s Attorney’s Meeting

Minutes of the Meeting of August 30, 2010
Office of the Chief State’s Attorney
Rocky Hill, Connecticut

The meeting was called to order at 12:45 p.m. by Chief State’s Attorney Kevin T. Kane.

Also in attendance were Deputy Chief State’s Attorneys Leonard C. Boyle (Operations) and John J. Russotto (Personnel, Finance and Administration), State’s Attorneys David I. Cohen (Stamford-Norwalk), Patricia M. Froehlich (Windham), Matthew C. Gedansky (Tolland), Gail P. Hardy (Hartford), Kevin D. Lawlor (Ansonia-Milford), Timothy J. Liston (Middlesex) and David Shepack (Litchfield), Supervisory Assistant State’s Attorney John Waddock (New Haven), and Senior Assistant State’s Attorneys Catherine Brannelly Austin (Waterbury), David Holzbach (Danbury) and John H. Malone (New Britain).

Also present: Michael A. Gailor, Executive Assistant State’s Attorney; Mark A. Dupuis, Division of Criminal Justice Communications Officer; and guests Sherry Haller, Mark A.  Miele and John H. Bannan, Jr.

Chief State’s Attorney Kane introduced Sherry Haller, Executive Director of the Justice Education Center, Inc., who gave a presentation on the Bias Crimes Diversion Project. The State’s Attorneys were asked to keep the program in mind for appropriate cases and to apprise Geographical Area (G.A.) prosecutors of its availability.

Inspector Mark Miele (Middlesex) and John H. Bannan, Jr., (Financial Crimes Bureau) gave a presentation on the online Arrest Warrant Application form that is scheduled to be put into use by the Judicial Branch on September 1, 2010. State’s Attorneys have the discretion to decide whether to accept previous warrant forms or to require the new one. Inspector Miele reported that approximately 700 law enforcement officers have been trained in the use of the online Search and Seizure Warrant Application put into use recently by the Judicial Branch.

Chief State’s Attorney Kane introduced Supervisory Assistant State’s Attorney Francis J. Carino for a discussion of issues related to juvenile matters, particularly the transfer of cases from the juvenile docket to the adult docket. The Division will continue to monitor developments to determine if specific legislation should be proposed as the “Raise the Age” legislation is further implemented.

Deputy Chief State’s Attorney Boyle asked the State’s Attorneys to report significant asset forfeitures ($10,000 or more) to the Asset Forfeiture Bureau to facilitate better coordination with the Suspicious Activity Report (SARS) activities of the Office of the United States Attorney for the District of Connecticut.

Deputy Chief State’s Attorney Boyle asked that all prosecutors be reminded of their responsibility to request on the record that a transcript be produced in any sentencing proceeding where an effective sentence of two years or more incarceration is imposed. The Division is continuing its efforts to have the Judicial Branch assume sole responsibility for requesting such transcripts for the Board of Pardons and Paroles.

Deputy Chief State’s Attorney Russotto reported that Senior Assistant State’s Attorney Richard Colangelo (Stamford-Norwalk) is working with the Connecticut State Police to provide training for Division employees in computer forensics. It was agreed that the State’s Attorneys will seek to designate at least two employees from each Judicial District to take the training to allow for greater involvement in the investigation and prosecution of crimes involving computer forensic evidence.

State’s Attorney Lawlor reported that new name labels being used by the Judicial Branch become illegible within a matter of weeks. Other State’s Attorneys shared this concern. Chief State’s Attorney Kane will discuss the matter with the Judicial Branch.

State’s Attorney Lawlor expressed concerns regarding the guidelines now being used by Bail Commissioners for bail recommendations. The guidelines weigh heavily on the defendant’s risk of flight and do not adequately reflect the dangerousness of the defendant. A representative of the Court Support Services Division (CSSD) in the Judicial Branch will be invited to meet with the State’s Attorneys to discuss their concerns.

Supervisory Assistant State’s Attorney Susan C. Marks of the Appellate Bureau reported on the opinions of the Connecticut Supreme Court in State v. J’Veil Outing. The Appellate Bureau will draft language reflecting a recommendation in the court’s opinion concerning the guidelines on eyewitness identification that are provided to law enforcement agencies by the State’s Attorneys. The Division also will investigate the possibility of grant funding through the American Prosecutors Research Institute (APRI) for a study of eyewitness identification issues.

State’s Attorney Froehlich reported that the Office of the Victim Advocate (OVA) has expressed concern that prosecutors are not utilizing provisions of section 53a-28 of the Connecticut General Statutes concerning court-ordered financial restitution to victims of crime.

The minutes of the previous meeting were approved without opposition on a motion by State’s Attorney Cohen, seconded by State’s Attorney Froehlich.

There being no further business, the meeting adjourned at approximately 3:05 p.m.