Tuesday, October 6, 2015

"A house of cards, falling under the slightest breath of scrutiny..." — C.J. Rogers

No matter where you may stand personally on the delicate and important issue of Connecticut's death penalty, a great deal can be learned by carefully reading the decisions issued in the matter of State of Connecticut v. Eduardo Santiago (Case No. SC 17413)

On August 25, 2015, a total of six advanced release opinions were published by the Connecticut Supreme Court. A careful review of these opinions address issues well beyond the matters before the court and, in this authors opinion, expose the lengths our top jurists will go to in order to manufacture opinions, not based in fact or law or the record before them, but apparently based on their own personal bias or desire to feed their respective egos or play God. 

SC17413 Opinion (Palmer, J.)
First Concurrence (Norcott, J. & McDonald, J.) || Second Concurrence (Everleigh, J.)
First Dissent (Rogers, C.J.) || Second Dissent (Zarella, J.) || Third Dissent (Espinosa, J.)

It is somewhat ironic that just a few months earlier, Chief Justice Chase T. Rogers gave public testimony at her judicial re-nomination hearing touting the independence of the judiciary and each jurist. Even though I happen to agree with the sentiments expressed by Rogers in her dissenting opinion, her choice of language seems to be very personal in nature, attacking the very impartiality and integrity of her fellow jurists.

The majority opinion is summarized in the rescript which notes:

"The judgment is reversed insofar as it imposes a sentence of death and the case is remanded to the trial court for a new penalty phase hearing, following a new in camera review, according to law, of the department's files and disclosure of evidence material to the defendant's case in mitigation; the judgment is affirmed in all other respects." 305 Conn. 101 (2012), 319 Conn. 912 (2015)

"The judgment is reversed with respect to the imposition of a sentence of death and the case is remanded with direction to impose a sentence of life imprisonment without the possibility of release; the judgment is affirmed in all other respects." 318 Conn. 1 (2015)

Further comment on this will follow . . . as this is not the first time in 2015 that we saw a deeply divided Connecticut Supreme Court let their personal opinions about their fellow jurists be known in the official records of the Court itself . . .



Note: Follow this link to view The Hartford Courant news coverage from Sept. 4, 2015.


Friday, May 8, 2015

The Trauma of Mother's Day

I don't think one has to be a mother to write, read or understand the concepts behind this article about Mother's Day and the special trauma it brings for many people, for many reasons. In fact, you don't even need to be female. I'm not . . . and yet my recent conversations with two different moms triggered the thoughts that will follow.

In the United States, the Mother's Day Holiday dates back to 1908 and officially 1914. As one of the more notable Hallmark holidays, the messaging starts months in advance — cards on shelves nearly everywhere you look (even gas stations), special merchandising emphasis from virtually every product category, and in more recent years even includes a steady bombardment of reminder e-mail messages . . . counting down the days and reminding us to shop now or the world as we know it will likely come to an unceremonious end.

Well, for some, all this hype represents a special type of trauma . . . merely triggering a momentary melt-down. Or two. Or ten . . . each day, until the day passes. Then back to the 'normal melt-down' cycle. I've read some interesting posts online about the trauma associated with Mother's Day, but none seemed to address that which I've learned about by speaking with some mom's who have been surprisingly and unbelievably victimized by the Connecticut Judicial Branch.

Trauma of Mother's Day and Abusive Court Orders
Now, it certainly should be stated that no two situations are alike and that there are multiple views to any one story, but in learning about one court case recently, I can't help but wonder what the hell is going on behind closed doors at the Connecticut Superior Court at Waterbury, where Judge Maureen Murphy has been warming the family bench for a while.

Sadly, it seems that court and baseball have some strange things in common. In baseball parlance, when you are 'warming the bench,' it means you're not doing a good enough job to be sent out onto the field of play. Either you've been pulled out of a game, or were not showing enough promise in recent practice to be sent out in the first place. In the world of Connecticut jurisprudence, when you're a judge doing a poor job, you get to keep warming the bench. Rather than being pulled off and sent out to play somewhere. Go figure.

Anyway, I was in The Brass City on other business recently and after coming out of the beautifully restored Waterbury City Hall, saw a small crowd gathered in front of the nearby courthouse at 300 Grand Street. With 45 minutes left on the meter, I decided to walk across the street to see what had so captivated this somewhat diverse crowd of 20-or-so people. Turns out they had just come from the courtroom of Judge Maureen Murphy, awaiting decision in a disturbing case for which I've now had the chance to read a few years worth of court documents. Not that I don't like listening and talking with people, mind you, but I find quite often that facts of a case are somewhat distorted — even if unintentionally — by well-intended family and friends. So, I read the case detail and relevant documents for myself to adopt my own informed opinion.

Now, if you knew the details of my own case, you'd be surprised to read my support of a mom being accused of parental alienation, trying to diminish or abolish the role of dad in the eyes of two young children. BUT, peel just one thin layer off the onion in this case and one learns that this mom is challenged, holding it together after being a legitimate victim of domestic violence . . . and, ultimately, being strong enough to break away, rather than suffer in shame and silence which is what most abusers count on.

Out of respect for the privacy of this family who has already suffered enough, I will step away from the specifics of their case, but will address an important underlying fact. The Connecticut courts appear to have little-to-no regard for litigants with hidden disabilities. There are many FAQs and other things posted on the Judicial Branch web site about the Americans with Disabilities Act, but talking-the-talk certainly does not equate to walking-the-walk. There are now a string of disturbing cases where litigants with disabilities (or who are perceived or regarded as having disabilities) are being discriminated against. As if the discrimination isn't bad enough, the more troubling part is the interference, retaliation and coercion that are taking place in direct violation of federal ADA law.

This case, Gizzi v. Gizzi, will likely rise to be a landmark Connecticut case for disability rights and victims rights, but that is little-to-no consolation to a mother, a victim, who has been re-victimized not by a 'system' (which sounds so anonymous), but by a judge who clearly does not understand the first thing about disability rights, victims rights, and protections in federal law which take precedence over local rules of practice. Having authored a detailed decision on January 6, 2015 that removed two children from this mothers care, giving 'temporary' sole legal and physical custody to the convicted-abuser father . . . well, I guess that says a lot right there, but we will all have to watch closely as this plays out. Has many of the same fingerprints on the court files as the case of Tittle vs. Tittle, another very disturbing case.

In the mean time, recognize that some mothers will be punished this Mother's Day, as will the children who will be prevented from showering their mom with affection, handing them the card lovingly crafted as a surprise in-class project, or even just snuggling in bed for an extra hour . . . these are things that an appellate court can not give back to any mother or child . . . and so best we get it right first time around and not punish a victim who has decided to advocate for her rights and those of her children.

 
    

Saturday, April 25, 2015

State Representative Rosa Rebimbas (Naugatuck)

It's been a busy week . . . a busy few weeks actually, but that's par for the course as they say at Augusta and elsewhere. My email inbox and mobile voice mail were overflowing with inquiries seeking comment on the recent flap between State Representatives Rosa Rebimbas (a Naugatuck Republican) and Minnie Gonzalez (a Hartford Democrat). Truth is, I didn't feel a need to comment because there was little I could add to what had already been reported. Why rehash what other news outlets had already covered, including the reader comments which added sufficient detail that seemed to be unavailable to even the reporters themselves.

My feelings changed just a bit this morning as I finally had a chance to finish watching the CT-N video coverage for both the April 10th Judiciary Committee public hearing and also the April 22nd vote in the House of Representatives to reconfirm Chase T. Rogers of Old Lyme as Chief Justice of the Connecticut Supreme Court. (I've got to do a piece about how great CT-N is . . . someone please remind me!)

Rosa Rebimbas, State Representative (Naugatuck)
It was a bit disturbing, after having listened to more than 10 hours of public testimony, both for and against the renomination of Chase T. Rogers, at the April 10, 2015 public hearing before the Judiciary Committee, to then hear Rosa Rebimbas rise in support of Rogers, and completely distort the picture of what had happened in that earlier hearing.

Does she not care one bit about her ethical obligations to her constituents, to the citizens of Connecticut, to her colleagues on the floor — from both parties — who may have had other pressing business to attend to and therefore rely on the sincere remarks and rendition of fact offered by someone they expect they can trust . . . an elected public official (and attorney no less) that shares a seat of honor and respect in the very same chamber as they.

Legislator or Lobbyist
In watching and listening to Rosa Rebimbas, it's difficult . . . no, actually, impossible to tell the difference between what a paid lobbyist would say any different that what Rebimbas, an elected public official actually did say. Rather than make readers search around for the official transcript (which is not yet available anyway), here is an unofficial transcript, but please, if you spot any inaccuracies, post a correction below and we'll do our best to get it fixed ASAP! Our goal is to inform, not mislead.

The remarks of Rep. Rosa Rebimbas begin at the 01:39:48 time stamp:

"Thank you Mr. Speaker and Good Afternoon. Mr Speaker, I also rise in support of the nomination of Chief Justice Rogers, certainly for all of the reasons that have already been stated by the Chairman Tong, I also stand in support of all of those statements made.

Chief Justice Rogers came before us with an opening statement and it was certainly a lengthy opening statement . . . and it was lengthy because she tried to highlight all of the good work that has been accomplished within the Judicial system under her leadership. Certainly she wasn't the only one working hard to make these programs possible but what she is, is the leader that led the way in supporting all of the wonderful things that again have already been stated. When she came in in 2007 as the Chief Justice, she actually laid out a blueprint clearly stating five main goals of which she then highlighted, many of which have been accomplished and are continuing to be accomplished.

Certainly as already previously said, the access to justice, we are now known throughout the nation as the leading example for the positive access to our judicial system, from the web site to languages provided, and because we have so many individuals that are now self represented, they can walk into our court system and feel that their voices could be heard and that’s very important again for making sure that justice is served.

Addressing the needs of the changing demographics, providing services and collaboration between the branches and accountability were also some of the other main goals. We heard not only from the Chief Justice, but we also received a lot of testimony, phone calls, from many different departments and individuals who had directly dealt with the Chief Justice and all of which were very supportive of the programs that have been implemented under her watch and I think that speaks volumes. We actually during the public hearing even had a chuckle because for the very first time we had not only the State’s Attorney’s Office but the public defenders actually admitting to the fact that they supported something together and agreed on something and that was on the nomination of the Chief Justice, um, and we saw that again all across all of the different departments and individuals who have come into contact with her.

She also showed great demeanor and patience throughout the judicial committee’s process of questions and providing information and highlighting the programs that have been successfully implemented.

Her transparency and openness to the Judicial Branch is certainly something to be admired. Um, again she has done great things but has also admitted that that great work continues and we certainly hope to look forward to having her continue to serve us in order to accomplish the many work that has already been done and will continue to be done. So I do stand here, Mr. Speaker in great support of the nomination of the chief justice and her nomination was also unanimously supported out of the judiciary committee, so I do invite all of my colleagues to do the same and show our support for the chief justice and all of the accomplishments she has done and has said will continue. Thank you Mr. Speaker."

(The remarks, in total, represent just over 3 minutes of oration by Rebimbas.)