MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday December 13, 2012, 12:00pm at the

Community Room, Wethersfield Police Department

Call to Order

Chairman Corradino called the meeting to order at 12:00pm.

Chairman Corradino read the Introductory Statement.

Chairman Corradino called the roll call 14 appellants were present and 2 appellants were absent.

The State Issuing Authority was present and 4 local Issuing Authorities were present.

Board Members Present: Attorney Joseph T. Corradino, Chairman, Atty. Craig Fishbein, Chief T. William Knapp, (Ret.), Atty. Jay Greer, Mr. M. Peter Kuck, Col. Kyle Overturf and Mr. Kenneth Tramadeo.

Chairman Corradino administered the oath to all witnesses.

Hearings

1) Case No. 12-362-R, John Marcella, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Haldan E. Connor represented the appellant. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Withdrawal: The appellant withdrew his appeal.

2) Case No. 12-287-R, Kurt Daenekindt, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Withdrawal: The appellant withdrew his appeal.

3) Case No. 12-401-R, Jake Mott, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Withdrawal: The appellant withdrew his appeal.

4) Case No. 12-280-R, Ralph Correia, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection with one witness.

Decision: By a majority, the Board voted to overturn the revocation of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection and for Mr. Correia’s permit to be reinstated. Greer voted for the State Issuing Authority. Corradino, Fishbein, Knapp Kuck, Overturf and Tramadeo voted for the appellant.

5) Case No. 13-170-R, Andres Cuervo, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Captain Kevin Burns represented of the local Issuing Authority Chief Paul Melanson, Farmington Police Department with two witnesses.

Decision: By a unanimous decision, the Board voted to overturn the decision of denial from the local Issuing Authority, Chief Paul Melanson, Farmington Police Department, and voted for Mr. Lacen-Romero to be issued a temporary pistol permit.

6) Case No. 12-356-D, David Godbout, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Attorney Mark. S. Zamarka represented the of the local Issuing Authority First Selectman Paul M. Formica, Town of East Lyme with one witness.

Preliminary Motions of appellant, David Godbout:

1)   Objection to Probative Questions of witnesses:  Objection overruled by Chairman Corradino (Exhibit B)

2)   Motion to Strike filings of July 12, 2012 filed by Sgt. Macek: Motion to strike was denied.

3)   Motion to Strike filings regarding legal insufficiency of claim. Motion to strike was  denied.

4)   Motion to Strike filings Dec. 6, 2012, duplicate documents submitted by Atty. Zamarka.              Mr. Godbout agreed to include as part of his hearing.

Decision: By a unanimous decision, the Board voted to uphold the decision of denial of the local Issuing Authority, First Selectman Paul M. Formica, Town of East Lyme. Mr. Kuck recused himself from the case.

7) Case No. 12-352-D, Molly Solomon, involving the denial of a pistol permit to carry pistols and revolvers. Attorney Buchsbaum represented the appellant. A representative was present for the local Issuing Authority Chief Dale Call, Westport Police Department.

Agreement: The appellant will withdraw her appeal and Westport agreed to issue by January 10, 2013.

8) Case No. 12-348-R, Brian Doucette, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf with one witness. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection with one witness.

Decision: By a unanimous decision, the Board voted to uphold the decision to revoke from the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, at this time.

9) Case No. 12-157-R, Marcus McKinney, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Ralph D. Sherman represented the appellant. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection with one witness.

Decision: By a majority, the Board voted to uphold the revocation of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection. Kuck voted for the appellant. Corradino, Fishbein, Greer, Knapp, Overturf and Tramadeo voted for the State Issuing Authority.

10) Case No. 12-276-D, Scott Desaulniers, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf.  Corporal Bryon Smith represented the local Issuing Authority, Chief Edward J. De Marco, Jr., East Windsor Police Department.

Withdrawal: The appellant withdrew his appeal.

11) Case No. 12-398-D, Dino Modugno, involving the denial of a pistol permit to carry pistols and revolvers. Attorney David E. Crow represented the appellant. Lt. Art Weisgerber represented the local Issuing Authority, Chief Thomas E. Kulhawik, Norwalk Police Department.

Decision: By a unanimous decision, the Board voted to overturn the decision of denial from the local Issuing Authority, a Chief Thomas E. Kulhawik, Norwalk Police Department.

and voted for Mr. Modugno to be issued a temporary pistol permit.

12) Case No. 12-326-R, David Coty, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection with one witness.

Decision: By a majority, the Board voted to overturn the revocation of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection and for Mr. Coty to be reinstated his pistol permit. Corradino, Greer, and Kuck voted for the State Issuing Authority. Fishbein, Knapp, Overturf and Tramadeo voted for the appellant.

13) Case No. 12-332-R, James McCarthy, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant failed to appear. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Decision: By a unanimous decision, the Board voted to uphold the revocation of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, by default, for the appellant’s failure to appear.

14) Case No. 12-391-D, Patty Pescatello, involving the State denial of a pistol permit to carry pistols and revolvers. The appellant failed to appear. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Decision: By a unanimous decision, the Board voted to uphold the denial of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, by default, for the appellant’s failure to appear.

15) Case No. 12-359-R, Bryan Parkhurst involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection with one witness.

Decision: By a majority, the Board voted to uphold the revocation of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, at this time. Kuck and Tramadeo voted for the appellant. Corradino, Fishbein, Knapp, and Overturf voted for the State Issuing Authority, at this time.

Secretary’s Report:

Approval of the November 29, 2012 minutes. Tramadeo made a motion to accept the minutes as written, Overturf seconded the motion, motion carried.

New Business:

Motion: Chairman Corradino made a motion to “To go into Executive Session including staff.” Knapp seconded the motion, motion carried.

Motion: Knapp made a motion “To adjourn from Executive Session.” Corradino seconded, motion carried.

Motion: Greer made a motion “To advise the Attorney General the Board respectfully declines to reopen the DeBlasi proceedings in order to resolve pending litigation.” Knapp seconded the motion, motion carried unanimously. Board member Kuck had left the meeting and didn’t vote.

Adjournment: Knapp made a motion to adjourn, Tramadeo seconded the motion, motion carried.