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39 KEEFE AND ERRANTE, P.c LYNGH, TRAUB, } DOCKET NO, A22M-CR05S-0057898-S SUPERIOR COURT | stare of CONNECTICUT JUDICIAL DISTRICT OF MILFORD v. AT MILFORD ROBERT DULIN MAY 15, 2009 MOTION TO DISMISS CHARGE OF VIOLATION OF PROBATION ‘The defendant, Robert Dulin, respectfully represents as follows: 1. That on 9/14/07, he was sentenced by the Honorable John Cronan in Docket Number A22M-CRO5-57898-S on the charge of Sexual Assault II § 532-71 C.G.S. to 7 years suspended after 18 months and probation for a period of 4 years. 2. That in preparation for sentencing, the Probation Department was ordered to prepare a presentence investigation report (“PSI”) and said report was completed recommending to Judge Cronan the following special conditions, among others: ‘That Mr. Dulin submit to a polygraph examination as deemed appropriate by probation; b. That there be no contact with Mr. Dulin’s biological children unless expressly recommended by the family therapist. c. That there be no unsupervised contact with female adolescents under the age of 18 unless approved by his supervising probation officer and treatment provider; LYNCH, TRAUB, KEEFE AND ERRANTE, P.c {TTORNEYE AT AW .0, 2 ° d, That Mr, Dulin be prohibited from having any work or volunteer activities that ‘would bring him in contact with adolescent females, 3, That the Prosecutor, State’s Attorney Kevin Lawlor, did not recommend said special conditions, but rather left the special conditions of probation “up to” the court (Sentencing Transcript, 9/14/07, p. 25). ‘That notwithstanding the express recommendations of the Probation Department, Judge Cronan expressly rejected the above conditions and further stated: “Now, 1 struggled with some of the recommendations in PSI. I tend to agree with Attomey (Hugh) Keefe that you probably have learned your lesson on this, ‘matter, and I don’t think the sports or other things need to be addressed in any conditions of probation.” (Sentencing transcript, 9/14/07, pp. 57-58) That the only special conditions of probation, Judge Cronan imposed on Mr. Dulin were the following: a, Registration under Chapter 969 C.G.S. for 10 years. ‘No contact with the victim or victim’s family and any contact initiated by the victim to be immediately reported to probation, ¢. _ Out-patient sex offender evaluation and treatment. ‘That prior to Mr. Dulin’s scheduled release from incarceration scheduled for 3/13/09, the defendant, in an attempt to avoid post-release misunderstandings and arguments with the Probation 2 P.c i 3 3 : E LYNCH, TRAUB, KEEFE AND ERRANTE ©} Department, filed a Motion for an Emergency Hearing to Clarify and Interpret ‘Terms of Probation (dated 3/2/09). 7. That in said Motion to Clarify Terms of Probation, the defendant asked the court to repeat again what it already had done at sentencing, ic., state unequivocally that it had considered and rejected the following special conditions of probation: a. Any condition that restricted him from having contact with his biological children; b. Any condition that restricted him from having contact with adolescent females under the age of 18; c. Any condition that restricted the defendant from coaching or working with adolescents; 4. Any condition that required him to submit to polygraph examinations; e. Any condition that restricted him from attending his children’s sporting events; Any condition that restricted him from being involved with sports programs. 8. That 3/9/09, Judge Cronan held an emergency hearing and granted the defendant's motion with respect to each and every special condition, Representatives of the Department of Adult Probation were present during this hearing at all times and heard and fully understood the court's order. 9. That following the defendant’s release from incarceration on 3/13/09, the defendant filed a second Motion for Emergency Hearing to Further Clarify and Interpret Terms of Probation to confirm that 3 weziooot4oncto16R. Oanoren re Doses Conarer MaLeor PROBATIN- OO. 1442500