Chief State's Attorney's Meeting
Minutes of the Meeting of December 28, 2009
Office of the Chief State's Attorney
Rocky Hill, Connecticut
The meeting was called to order at 12:40 p.m. by
In attendance were: Chief State’s Attorney Kane; 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), Michael Dearington (New Haven); Patricia M. Froehlich (Windham), Matthew C. Gedansky (Tolland), Gail P. Hardy (Hartford), Kevin D. Lawlor (Ansonia/Milford), Timothy J. Liston (Middlesex), Scott J. Murphy (New Britain), Michael L. Regan (New London), Stephen J. Sedensky, III (Danbury), David Shepack (Litchfield), John C. Smriga (Fairfield) and Supervisory Assistant State’s Attorney Eva Lenczewski (Waterbury).
Also in attendance: Executive Assistant State’s Attorney Michael A. Gailor, Supervisory Juvenile Prosecutor Francis J. Carino, Communications Officer Mark A. Dupuis and guests Col. Thomas Davoren, Connecticut State Police; and Chief James Strillacci, West Hartford Police Department (representing Connecticut Police Chiefs Association).
Francis Carino presented a PowerPoint summary of Public Act 09-7, September Special Session, highlighting issues of concern to the State’s Attorneys and prosecutors who serve on adult dockets with regard to cases involving 16-year-olds. Colonel Davoren spoke to concerns specific to the Connecticut State Police.
Colonel Davoren and Chief Strillacci recommended that in cases involving the arrest of a 16-year-old on charges that will be prosecuted in both the juvenile and adult courts, a single arrest report is to be written and the report will clearly state that it may contain information that is confidential under the laws governing juveniles. The State’s Attorneys were in agreement that such a standard should be followed.
Chief State’s Attorney Kane stressed the need for police to contact the State’s Attorneys at the earliest possible point in the investigation of serious crimes that are likely to result in a juvenile being prosecuted as an adult. It was agreed that each State’s Attorney should review their policies governing when police departments should contact their State’s Attorney.
It was agreed that the Miranda form for 16-year-olds should include a specific provision allowing for the waiver of the individual’s right to have a parent, guardian or other suitable party present during any questioning or interrogation.
A motion to accept the minutes of the previous meeting was made by State’s Attorney Cohen, seconded by State’s Attorney Murphy and passed unanimously.
Deputy Chief State’s Attorney Boyle reported on a single reported instance where the Board of Pardons and Paroles requested from the Division of Criminal Justice a transcript of a plea proceeding. Mr. Boyle explained that the law only addresses the provision of sentencing transcripts to the Board of Pardons and Paroles. No one present was aware of any other instance where a plea transcript was requested.
There being no further business, the meeting adjourned at 2:40 p.m.