New Haven Cops Raid Apartment, Leave Resident Bloodied

Fifty-four year old Tomas Torres was cooking and watching television last Wednesday afternoon when the police stormed in unexpectedly. Torres says he was punched and stomped while police laughed about his blood spatters staining the pants of one of the officers. The cops say they were looking for a drug dealer, but no drugs were found and no arrest was made.

The police say they had a lawful warrant for that apartment. And while Torres says crack dealers and prostitutes are known to hang out in the hallway, he does not associate with them. As a matter of fact, he keeps a pool cue by the door just in case, for self-protection.

Interestingly, the cops used this pool cue’s presence as justification for their violence, saying it posed a potential threat to them.

According to Torres himself, he heard a knock and asked who was there. He heard nothing but saw the cop cars outside. As he moved to open the door, it was forced open and several officers came in. He was punched in the face and shoved to the ground. One officer smashed his boot into Torres’ face as he lie there. The police cuffed him to a chair and asked where the drugs were.

The police claim Torres tried to escape from a window and resisted arrest. It was only after a Spanish speaking officer arrived that he was released to go to the hospital, where he found out his arm had been fractured.

In response to the incident, Lt. J. Paul Vance, as a spokesperson for the state police, said that there was “no record of police action anywhere in New Haven on Wednesday.” Had an arrest been made, there would have been a record, he said. On the other hand, Lt. Jeff Hoffman, with the city’s Tactical Narcotics Unit, confirmed the raid.

It isn’t clear where the police got their information, the information that led them to believe someone was selling drugs out of Torres’ apartment. But when he came home from the hospital at 1 a.m. the next morning, he found his home trashed. (See photos here). Though the officers didn’t find any drugs, they sure tossed the place in their pursuit.

In a perfect world, warrants are issued in the pursuit of real justice, only after steps have been taken to assure their integrity and correctness. But this isn’t a perfect world and mistaken raids are more common than they should be.

There are rules that must be followed by police in the issuance and execution of warrants and in searches. When they fail to abide by these rules, any evidence found can be ruled inadmissible in court. Combing through the evidence of a criminal case to ensure that the cops did their job correctly is often left to the defense lawyer.

If you are accused of a criminal offense and are in need of assistance, contact my offices today.

East Haven Police “Profoundly Broken” Say Feds

After a two-year investigation into the East Haven Police Department, the Department of Justice’s Civil Rights Division is saying the department is “broken” and will take years to fix. They are accused of violating the civil rights of Latinos within the community and as many as 15 officers could face criminal charges.

Investigators for the DOJ say this particular investigation was one of the hardest they’ve ever encountered to get information about. The reason for this difficulty is at least partially the Police Chief. Chief Leonard Gallo is mentioned in the 23 report as “creating a hostile work environment” for anyone that chose to help the DOJ. Through this and other efforts, he is accused of creating a “blue wall of silence” around the investigation, even making a bulletin board to out “rats within the PD.”

The police are accused of targeting Latinos unfairly and treating them more severely than other demographics. The Hartford Courant reports that the police stopped Latino drivers at far higher rates than whites or others within the community. Though they account for 10% of the town’s population, they accounted for anywhere from 33-50% of traffic stops for officers on the 4 p.m. to 12 a.m. shift.

Latinos within the town were followed and watched by officers waiting for them to make a mistake or violate a law. In one instance, an officer looked up a driver’s insurance information before pulling them over. In other words, they were seeking excuses to stop Latino drivers.

Once stopped, the DOJ found that Latinos were treated more severely than others as well. From having their cars towed to being subject to arrest whenever possible, the police went out of their way to hassle this segment of the local population.

Mayor Joseph Maturo, who reappointed Chief Gallo after he was placed on administrative leave in April by Maturo’s predecessor, criticized the report as being “slanderous” to the community. Others, including police commissioners, state that Gallo is not the person that will be able to lead the Department into reformation.

“’We absolutely need a new chief, It all starts from the top,’ Police Commission Chairman Frederick Brow said. ‘But the mayor has pretty well put us aside as a board and doesn’t want our opinion.’”

The civil rights investigation is now complete, though a criminal investigation is ongoing. It isn’t clear at this time what charges are being considered and against whom. Twenty-four officers have been subpoenaed to testify before the grand jury.

What will happen to the East Haven Police Department remains to be seen. But for Latinos and anyone else in the town with a conscious, this could be the start of some much-needed changes.

Unsentenced Inmates On the Rise, as Other Incarceration Numbers Drop

Two state penal institutions have been closed in recent months; 21 correction supervisors have lost their jobs; and another institution will be shutting its doors soon. While all of these facts signal a smaller prison population statewide, the number of unsentenced inmates is climbing.

According to the CT Mirror, the number of inmates still facing criminal charges in Connecticut and jailed pending court dates has risen over the past three months. Since May, the number has climbed 8% to 3,632 in August. Despite this, the total number of all inmates (both sentenced and those yet to be sentenced) has continued to decline.

In most states if someone is not granted bail pending trial they are held at a county jail, separate from the population of sentenced inmates. Not so in Connecticut. Here, we throw them all together.

Although their numbers have risen in each of the past three months, the amount of unsentenced inmates in August of this year is actually down slightly from January and almost 12% lower than August of 2010. This paired with the declining general inmate population still has the state on track to close Enfield Correctional Institution by October and another either at the end of this fiscal year or beginning of the 2012-13 fiscal year.

Michael P. Lawlor, former state representative and head of the state’s Criminal Justice Policy and Planning Division says that the increase in unsentenced inmates is simply due to increased enforcement and seasonal changes. This population, he says, is particularly volatile and it’s not unusual to see the numbers climb towards the end of summer. “For 10 years now it’s been a real area of concern.”

There are a variety of reasons that other states keep their sentenced and pretrial inmates in separate facilities. Counties are largely held responsible for the costs of pre-sentence detainment in this way and those detainees are not subject to quite the same level of institutionalization as those who have already been tried and sentenced.

Connecticut isn’t the only state closing prisons either. Many states are changing the way they do business in order to save money. With corrections accounting for a huge portion of the budget, it seems logical to find ways to slash this spending. By changing sentencing practices or releasing more inmates via parole, states can work to save money while chipping away at the out of control incarceration rates.

Whether you count yourself as a pretrial detainee or someone who believes they may be under investigation for a crime, I might be able to help. Contact me today to discuss your case and to potentially receive some valuable free legal advice.

State Crime Lab Faces Heat from Feds for “Staggering” Backlog

The Connecticut state forensics crime lab is under serious scrutiny after two federal audits and subsequent feedback. In 2004 there was no backlog in the lab. Today, there are 3,900 cases waiting processing, some nearing their statute of limitations deadline. As a matter of fact, the state is so concerned about these deadlines that the entire lab staff may have to solely focus on these cases, disregarding the others, in order to beat the deadline before cases have to be dismissed.

Governor Malloy has said “The audits fit into a larger picture. There are serious problems at the state crime lab.” He has since announced the creation of a 17 member panel to develop a plan to reduce the backlog. He’s also asked judges, police, and prosecutors to prioritize evidence going forward, giving lab workers some direction for handling the most urgent of cases.

The cases in the backlog represent everything from DNA rape tests to ballistics testing.

Part of the problem--DNA evidence submitted to the lab has jumped 400% since 2005. And while the cases coming into the lab have skyrocketed, staff has dropped 10%. In order to staff the lab full time to overcome the backlog, it’s estimated the state would have to spend an additional $3.7 million per year.

The federal audits were concerned that this backlog and lack of staff could create serious vulnerabilities and potential errors in the cases as existing staff struggles to keep or catch up.

According to the Hartford Courant:

In the validation section of the DNA audit, the investigators checked "no'' on each of the following questions: Does the lab follow written analytical procedures approved by the technical leader? Are the lab's standard operating procedures reviewed annually by the technical leader? Does the lab have standard procedures for each analytical method?

State officials are cautious to say that any errors have been made or that the reports open the door for any criminal appeals on cases that have already been processed. Kevin Kane, the Chief State’s Attorney says “these are preliminary reports” and that it would be “premature” to say any cases which hinged on DNA evidence were affected by the findings.

Of his newly appointed panel, Governor Malloy would like to see a plan in place by Feburary to get started on resolving the backlog and chronic understaffing. He plans on asking lawmakers to address the staffing situation as soon as possible.

The integrity of criminal evidence is crucial in any case. From the moment it is seized by the police, evidence must be handled with the most careful attention to detail in order to maintain its quality and its admissibility in a court of law.

If you are facing criminal charges in Connecticut and have questions about the evidence in your case contact me today.

CT Lawmakers decriminalize pot possession

The Connecticut legislature has passed a bill decriminalizing possession of marijuana. Governor Malloy has indicated his support, and will sign the bill into law.

The Wilton Bulletin reports that under the new law, possession of marijuana under half an ounce will only be a civil infraction, and not a criminal misdemeanor charge. The penalty will be a fine of $150 for a first offense, and up to $500 for a 2nd or subsequent possession offense.

However the law is different for those under 21 years old. Similar to alcohol possession, there is a mandatory 60 day driver's license loss for possession of pot, and a required drug education program.

Under the present law, marijuana possession is punishable by up to a year in prison and a $1000 fine for possession of under 4oz. However, Attorney Erin Field is quoted as saying that such penalties are virtually never enforced. Typically, under the old (current) law, a deal would be worked out and a person would pay $700-800 for a drug treatment program, after which they would have their record cleared. So no permanent criminal record typically occurs.

Thirteen other states have decriminalized possession of marijuana, including Massachusetts and New York.

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Previously: CT Marijuana decriminalization passes legislature, awaits governor's signature.

Marijuana Decriminalization Bill Awaits Governor’s Signature

Just a few months ago I blogged about the possibility of our state becoming the next to decriminalize a small amount of marijuana. Well, the legislature has passed the measure and the governor is planning to sign it into law in coming days. Despite critics’ worry that the decriminalization sends the wrong message, lawmakers came through with common sense and a law that will help reserve the courts, jails, and probation staff for more serious criminals.

Decriminalization and legalization are far from the same. As it stands the new law will make it an infraction, punishable by a fine, to be caught in possession of less than a single ounce of marijuana. Currently, it’s considered a misdemeanor crime and carries potential jail time.

Jail time for a joint hardly seems necessary and is definitely not a good use of resources, particularly at a time when funding and personnel are stretched thin. Instead the courts should be used for those offenses that put the public at risk.

This new law will make Connecticut the eighth state to decriminalize pot according to the Yale Daily News. They also point out that some states have removed the possibility of jail time, though keeping possession a misdemeanor offense.

After the new law is signed, if you are caught with less than an ounce of marijuana you will be fined $150 for a first offense. After the first offense, fines will go up to $200 to $500, but the offense will still remain an infraction, sort of like a traffic ticket. However, if you are under age 21 and found in possession, the bill will allow the court to take your driving privileges for up to 60 days.

There’s nothing new or surprising in the arguments against this new bill. Though it passed by a vote of 90 to 57, the 57 are pretty adamant that the decriminalization of pot could open the floodgates to further criminality and somehow negatively affect the youth. But their worries are unfounded.

One lawmaker says, “What kind of message does this send to our children? This law undermines a fundamental lesson that our schools, social service programs and parents teach our children: that taking drugs is bad for you.”

While the Senator’s concerns seem heartfelt, decriminalizing possession of a small amount of pot doesn’t send children the message that drugs are okay. After all the offense is still penalized. And no one contests the wide availability of alcohol despite the thousands of alcohol related deaths every year.

When it comes to crime, it really doesn’t matter what the charge is, some people will look negatively on you because you are accused of a crime in the first place. Having an advocate on your side can help. Contact me today to discuss the details of your case and how I might be able to help.

Exonerated Seek Compensation from State

Two men are seeking monetary compensation from the state of Connecticut for the years they spent behind bars for crimes they didn’t commit. The claims filed with the claims commissioner will, in a sense, test the new Connecticut compensation for wrongful incarceration law that was passed just a few years ago. The process will also likely test the men, who struggle to make it in a world that’s moved on without them.

It can take up to three years for someone who has been exonerated and released from prison to receive compensation. Depending on the length of their incarceration, some of these people don’t have anyone to turn to when they are freed, leaving them to struggle to find employment, housing, and even food.

There are five claims pending in total at this time, two of which total more than $16 million. Miguel Roman served 20 years in prison for a murder he didn’t commit. Kenneth Ireland also spent time locked up for murder, 21 years worth. He was exonerated in 2009.

Unlike many other states, Connecticut’s law doesn’t put a cap on how much can be recovered from the state. It also doesn’t bar the exonerees from seeking relief elsewhere. Roman is suing the city in federal court in addition to the claim he has against the state.

Both of these men were freed with help from the Connecticut Innocence Project who pushed for DNA testing in their cases.

Determining how much they might be entitled to is a matter that will be handled in the civil courts, with the state attorney general’s office representing the state. The men’s attorneys will evaluate how much potential income was lost over their decades in prison, any loss of earning capacity, and they will try to put a value on the damage done to the men’s mental and emotional help as well as any damage to personal relationships.

There’s little doubt these men and others like them feel a sense of vindication on the day they are released from prison. In both of these cases, the state has since found who was actually responsible for the murders. But nothing can undo the damage that’s been done by a wrongful conviction.

It’s difficult to be accused of something you didn’t do. It’s especially hard when those accusations come from the state in the form of criminal charges. When you are faced with criminal charges and you’re innocent, it can feel like no one believes you and no one is on your side. Your defense attorney is.

If you are facing charges you are innocent of, contact my offices today. I will hear you out and help you determine the best course of action for your case.