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 Chief State’s Attorney Kevin T. Kane.

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).

Chief State’s Attorney Kane introduced Colonel Davoren and gave a brief overview of the implementation of the “Raise the Age” legislation effective January 1, 2010, and the specific concerns expressed by police concerning 16-year-olds arrested as both adults and juveniles in the same case.

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.

Chief State’s Attorney distributed an “OUI Report” being utilized by the Newington Police Department and offered for use by other departments. There was discussion of providing a means for assuring that the Department of Motor Vehicles has the information it needs for administrative “per se” hearings.

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.

Deputy Chief State’s Attorney Russotto distributed an announcement of the National Institute on the Prosecution of Domestic Violence training program to be held February 23-26, 2010, in New Orleans, Louisiana. Interested prosecutors are urged to take advantage of full expenses paid scholarships. Those interested should contact Senior Assistant State’s Attorney Kevin Dunn in the Violent Crimes Bureau.

Supervisory Assistant State’s Attorney Lenczewski addressed a memo from Senior Assistant State’s Attorney Timothy Sugrue of the Appellate Bureau concerning section 54-154 of the general statutes and its recent application in the Waterbury Superior Court. There was general discussion of the judge’s specific action and the costs incurred when damage to property occurs as a result of an investigation or the execution of a search and seizure warrant.

Deputy Chief State’s Attorney Russotto announced that new pages are ready in final draft form for the Division’s website for the State’s Attorneys’ offices. The State’s Attorneys should review their draft pages to decide if they want them finalized and added to the public website.

Deputy Chief State’s Attorney Russotto announced revisions to the policy concerning internships and intern screening. The Judicial Branch will no longer pay mileage or have other involvement in the Division’s internship program.

There being no further business, the meeting adjourned at 2:40 p.m.