Chief State’s Attorney’s Meeting

Minutes of the Meeting of January 31, 2011

Office of the Chief State’s Attorney
Rocky Hill, Connecticut

The meeting was called to order at 12:38 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), Michael Dearington (New Haven), Patricia M. Froehlich (Windham), Gail P. Hardy (Hartford), Kevin D. Lawlor (Ansonia-Milford), Timothy J. Liston (Middlesex), Scott J. Murphy (New Britain), Michael L. Regan (New London), David Shepack (Litchfield), and John C. Smriga (Fairfield), and Supervisory Assistant State’s Attorney Warren Murray (Danbury).

Also present: Executive Assistant State’s Attorneys Brian Austin, Jr., and Michael A. Gailor, Mark A. Dupuis, Division of Criminal Justice Communications Officer, and guests Dr. Carl Ladd and Major William Podgorski from the Department of Public Safety Forensic Science Laboratory.

State’s Attorney Froehlich made a motion to accept the minutes of the December 20, 2010, meeting. State’s Attorneys Lawlor and Smriga seconded the motion, and it passed unanimously.

Chief State’s Attorney Kane introduced Brian Austin, Jr., who has returned to the Division as Executive Assistant State’s Attorney following his service as Undersecretary for Criminal Justice Policy and Planning in the Office of Policy and Management.

Chief State’s Attorney Kane and Deputy Chief State’s Attorneys Russotto and Boyle reported on their meeting with Benjamin Barnes, Secretary of the Office of Policy and Management. Deputy Chief State’s Attorney Russotto reported that the Division is projecting a deficiency for this fiscal year. The Governor’s biennial budget will be released on February 16, 2011.

Chief State’s Attorney reported that a memorandum was distributed to the State’s Attorneys concerning restitution ordered for defendants on special parole.

Chief State’s Attorney Kane reported that he has appointed State’s Attorney Shepack to the Sentencing Commission established pursuant to Public Act 10-129.

Chief State’s Attorney Kane reported that a memorandum on the status of the pilot program for the electronic recording of interrogations in major felony investigations has been distributed to the State’s Attorneys. The committee appointed to review the pilot program and related issues needs to begin work.

Chief State’s Attorney Kane reported that he is near completing the draft of an ethics policy for Division of Criminal Justice employees. The draft will be distributed to all State’s Attorneys for their review and comments.

Chief State’s Attorney Kane reported on a bill proposed by Senator Toni Harp of New Haven concerning the reporting of training received by prosecutors. The Division needs to find ways to encourage prosecutors to receive training and to make it possible for them to do so. Deputy Chief State’s Attorney Russotto noted that state restrictions on travel reduce participation in training. Chief State’s Attorney Kane asked State’s Attorneys Hardy, Lawlor and Liston to work with Deputy Chief State’s Attorney Russotto and Executive Assistant State’s Attorney Austin to further address training issues.

Dr. Carl Ladd and Major William Podgorski of the Department of Public Safety Forensic Science Laboratory gave a presentation on stochastic fluctuation as it occurs in DNA analysis. There was discussion of issues related to the use of faulty DNA analysis kits between September 2009 and September 2010. The State’s Attorneys received notification of all pending cases where the kits could have potential impact.

At approximately 1:55 p.m., State’s Attorney Liston made a motion to enter executive session to discuss litigation strategy. The motion was seconded by State’s Attorney Cohen and passed unanimously. Also present for the executive session were Executive Assistant State’s Attorneys Austin and Gailor and Communications Officer Mark Dupuis.

The executive session ended at approximately 2:05 p.m., at which time State’s Attorney Liston moved to enter executive session to discuss personnel matters. The motion was seconded by State’s Attorney Froehlich and passed unanimously. Also present for the executive session were Executive Assistant State’s Attorneys Austin and Gailor and Communications Officer Mark Dupuis. The executive session ended at 2:23 p.m.

Executive Assistant State’s Attorney Gailor announced that he will be seeking volunteers to provide training for employees from the Department of Public Safety Forensic Science Laboratory on their participation in trials.

It was agreed to move the date for the next meeting (originally scheduled for February 14, 2011) until February 28, 2011, due to the postponement of the January meeting until January 31, 2011.

There being no further business, the meeting adjourned at 2:25 p.m.