NOS:

MMXCR140675616T MMXCR130200821T

SUPERIOR COURT

STATE OF CONNECTICUT

GA #9

v.

AT MIDDLETOWN, CONNECTICUT

EDWARD TAUPIER

SEPTEMBER 8, 2014

BEFORE THE HONORABLE DAVID P. GOLD, JUDGE

A P P E A R A N C E S:
Representing the Plaintiff:
ATTORNEY BRENDA HANS
States Attorneys Office
One Court Street
Middletown, CT 06457

Representing the Defendant:

ATTORNEY JOHN DONOVAN
154 West Street
Cromwell, CT 06416
ATTORNEY JEFFERSON JELLY
924 Farmington Avenue, FL #3
West Hartford, CT 06107
ATTORNEY ALISHA MATHERS
P.O. Box 465
Enfield, CT 06083

Recorded By:
Jean R. Patrizzi
Transcribed By:
Jean R. Patrizzi
Court Recording Monitor
One Court Street
Middletown, CT 06457

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ATTY. HANS:
Honor.

State versus Edward Taupier, Your

Brenda Hans, Assistant States Attorney.

ATTY. DONOVAN:

ATTY. JELLY:

ATTY. DONOVAN:

THE COURT:

ATTY. HANS:

Good morning, Your Honor.

Good afternoon, Your Honor.

Im sorry.

Gentleman.
Your Honor, if you recall we had

issued orders on 9-4, last Thursday.

We met in

chambers briefly this morning to discuss some

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additional requests by the State that I dont think

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are objected to.

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for seeking these additional orders for his Intensive

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Pre-trial Supervision.

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the Court.

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Thats -- the case is on the docket

I think I gave the list to

Id be happy to articulate them.

THE COURT:

Well first, let me just note, the

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case had -- was not originally docketed for today,

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but the Court had received certain information about

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Mr. Taupiers level of compliance with earlier

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orders; and felt that a Court hearing today was

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required, so that certain issues could be addressed

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on the record.

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I asked Mr. Donovan and Mr. Jelly if they wished

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to respond as to why it appears their client cannot

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comply with Orders of the Court and the Courts

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designees.

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device company with regard to the charging of that

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device.

Such as probation and the monitoring

Mr. Donovan or Mr. Jelly, do you care to

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offer anything or not?

Im not requiring you to, but because of the concerns

that I have, I am going monitor -- I am going to be

modifying certain of the conditions.

ATTY. DONOVAN:

And I dont ord -- I mean,

Your Honor, I think at this

point in time if the Court is inclined to modify the

conditions, in the way that it had indicated in

chambers then, I think at this point in time its

best not to respond.

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I dont want to murk -- make

the waters any murkier than they are.

THE COURT:

All right.

just -- I was inviting you.

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ATTY. DONOVAN:

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THE COOURT:

Then thats fine.

I felt before I did --

And I appreciate that.

-- change anything or add

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additional conditions, Id invite responses or any

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argument.

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Taupier is in some way testing the limits of the

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Courts authority and its imposition of conditions

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of release.

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among other things, the fact that the defendant since

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he was fitted with an electronic monitoring bracelet,

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maybe five days or so ago, and having been given

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specific instructions as to the manner in which that

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device should be charged the defendant has,

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repeatedly and frequently, acted contrary to those

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instructions.

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that Mr. Taupier is an intelligent enough individual

But the Court is concerned that Mr.

I reached that conclusion based on,

And the Court, in all candor believes

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to have fully understood the instructions; and

therefore has chosen instead to see whether he could

in some way circumvent them.

Instead of, as everyone knows, charging the

device for two hours uninterrupted every twelve hours

the defendant instead has, as recently as, yesterday

charged the device initially for seventeen minutes,

then for fourteen minutes, then for two minutes, then

for seventeen minutes, then for ten minutes, and then

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for fifty.
Frankly, since the device has been fitted, the

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defendant, as best I can tell, from the data Ive

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received, failed at any time to charge the device in

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the manner.

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charge it, as recently as, this weekend by the

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Department of Adult Probation.

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He has repeatedly been told how to

As a result of that noncompliance and as a

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result of additional information brought to my

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attention, I am noting the following changes to the

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defendants release conditions; these release

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conditions were initially imposed primarily by Judge

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Alexander.

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defendants passport I dont know if you have that

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with you, Mr. Jelly?

First of all, with regard to the

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ATTY. JELLY:

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THE COURT:

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I do.

I want that deposited in the Clerks

Office when you leave.

While I appreciate and had

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authorized, frankly last week, you, Mr. Jelly to hold

the passport, this seems more prudent, frankly, after

I reconsidered my position.

ATTY. JELLY:

the Courts permission.

THE COURT:

Ill turn it over right now with

Then it can be handed to the Marshal

who can give it to our courtroom clerk for storage in

the Courts safe.

prudent --

I think that, thats a more

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ATTY. JELLY:

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THE COURT:

Thats fine, Judge.

-- course, so thats number one.

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Number two, with regard to the monitoring device, Mr.

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Taupier device, please understand quite clearly, you

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have been told repeatedly as to the manner in which

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the device should be charged.

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charged in that manner; precisely in accordance with

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the instructions youve received, as recently -- as

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recently as, two days ago by probation.

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had previously been provided by the monitoring

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company.

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The device shall be

And which

You were on a -- what the State is asked me to

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call is a zero tolerance.

So you must charge it and

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remain fully compliant.

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violation, even one which to you may seem

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insignificant, will be viewed by the Court as a

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direct -- an act directly in contravention of the

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Courts orders.

Understanding that any

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Thirdly, because of this non-compliance and not

withstanding Judge Alexanders carve-out that allowed

the defendant to go to work.

immediately, stripping the defendant of that right to

leave his home to go to work.

carve-out is revoked.

remain in his home 24/7.

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I am, effective

So the employment

The defendant therefore must

While Judge Alexanders orders allowed the

defendant to visit or to leave for medical

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emergencies and I believe -- was there any other

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carve-outs, Mr. Jelly.

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ATTY. JELLY:

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Yes, Your Honor.

It was to go to

lawyers.

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ATTY. DONOVAN:

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THE COURT:

Yes to go to lawyers.

Okay.

If theres going to be a

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meeting with the attorneys then that has to be pre-

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approved by probation.

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If theres a medical emergency the defendant

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shall contact probation or their designee to report

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that hes leaving for that.

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defendant is on a full 24/7 lockdown with no carve-

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outs.

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medical appointment but thats subject to telling

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probation that hes leaving the house.

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But otherwise the

There is also going to -- except for the

Now I know the defendant has surrendered a

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number of firearms so far.

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additional ones.

But there remains some

Mr. Donovan, do you have any

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information about that?

ATTY. DONOVAN:

I do, Your Honor.

My client

informs me that he gave a full statement to the

Cromwell Police concerning the four firearms that the

Court was concerned about.

that time was his attorney in the -- in the Family

proceedings.

And present with him at

She witnessed the statement.

THE COURT:

All right.

ATTY. DONOVAN:

And she is -- shes present here

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today.

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statement in substance indicates that Mr. Taupier

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transferred two of those shotguns to an individual in

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Texas and two to an individual in Long Island.

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provided the Cromwell Police with that information

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and those names.

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Shes verified that -- to me that, the

THE COURT:

All right.

He

So was -- were those

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transfers accomplished with written -- with bills of

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sales or did the law at that time require -- Im not

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sure what the law required then in the transfer of

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long guns.

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ATTY. DONOVAN:

It preceded the bill of sales

for long arms, Your Honor.

THE COURT:

Well, so, is the claim then the

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Court is just to accept or the Cromwell Police,

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should just accept the defendants word that he

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transferred these guns?

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Court Counsel may be rising to reply.

I see his -- his Family

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ATTY. MATTHERS:

Alysha Matters, Your Honor.

Good morning.

THE COURT:

Good morning.

ATTY. MATTERS:

The Cromwell Police indicated

they were going to do a follow-up on the information

that was provided to them that day and would get back

to the Court and to us for any issues.

going to follow-up to confirm that, in fact, the

firearms had all been transferred.

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But they were

THE COURT:

Well, Ms. Hans, what are you asking

ATTY. HANS:

Your Honor, just from his -- the

then?

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victim in the other case, Ms. Taupier, she is -- has

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grave concerns that there are additional weapons out

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there --

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THE COURT:

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ATTY. HANS:

Well --- and there was a -- a huge amount

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of firearms seized already at his apartment, along

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with munitions.

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surrender any and all guns even if not in his

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possession to the Connecticut State Police.

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reiterate that --

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THE COURT:

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ATTY. HANS:

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THE COURT:

So, I guess, I would just ask,

Just to

Well --- it has to be --- well I dont -- but I need to

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understand what the nature of your request is.

If

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youre asking me to order the defendant to turn over

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any guns, which he still owns, even if those guns are

currently in the possession of another party; yet

these are guns still owned by Mr. Taupier, I suspect

I can order that.

the defendant to compel a party to whom the defendant

has permanently transferred the guns, I dont know

how I can --

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ATTY. HANS:

But if youre asking me to order

If theres a transfer of ownership

with documentation we dont have any qualms with

that, Your Honor.

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THE COURT:

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ATTY. HANS:

All right.
Were just concerned about any guns

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that he may have had in his possession or any third

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party possession including relatives.

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was an uncle that had some.

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his possession or has lawful ownership of or any

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unlawful ownership -- any guns need to be

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surrendered -- they need to be surrendered to the

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Connecticut State Police.

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THE COURT:

Well, Mr. Donovan, Mr.

Jelly, and Im sorry -ATTY. MATHERS:

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THE COURT:

Mathers.

Mathers.

Thank you and I beg your

pardon.

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ATTY. MATHERS:

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THE COURT:

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Any guns that he has in

All right.

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I think there

No problem.

All three of you should be able to

communicate quite clearly to Mr. Taupier the Courts

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order, which is this, any guns which the defendant

possesses any ownership/interest in, whether he

currently has those guns in his possession or not,

must be turned over to the State Police.

Now I am going to direct the States Attorneys

Office to follow-up with the comment -- on the

comment that Attorney Mathers has made with the

Cromwell Police.

ATTY. HANS:

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THE COURT:

I will.
So they can track the four

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outstanding long guns that have been the subject of

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this discussion.

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beyond the four that the complainant in the original

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case, has knowledge of or has raised concerns about

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them, there should be some effort to identify them,

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so I can make a -- a more definitive order with

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regard to their surrender.

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ATTY. HANS:

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THE COURT:

Now if there are additional guns

Thank you, Your Honor.

I will --

But, Mr. Taupier, do you understand

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that if the Court receives any information that there

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exists any guns; whether theyre in your possession

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currently or not, in which you still have some right

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of possession, in other words, if you said to a

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friend, here hold this gun for me its -- but assume

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in that fact, its still your gun.

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the duty to make sure that gun is left with the State

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Police.

Then you do have

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Mr. Donovan, clear on that?

ATTY. DONOVAN:

That order is clear to me and

Im going to make sure its clear to Mr. Taupier

although Im sure it is.

May I address one other issue?

THE COURT:

ATTY. DONOVAN:

Yes.
There isnt an approved

visitation schedule for my client and his children.

I think Attorney Mathers could delineate what the

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perimeter of that schedule is.

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the Court would consider an additional an additional

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carve-out to allow him to see his children.

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THE COURT:

And Im wondering if

Well before I hear what may be an

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objection to that -- but before we do that, when

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is -- I understood from what I was told, prior to the

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last Court appearance, I think that its an every

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other Wednesday and --

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ATTY. MATHERS:

No its a weekly -- there are

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two weekly visits, supervised visits, at Kidsafe in

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Vernon, Connecticut.

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visit -- an hour or two hours apparently.

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its a Wednesday and a Saturday.

Then there are two

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telephone calls during the week.

But it is Kidsafe

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and it is in Vernon.

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children there, father would then be meeting the

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children there, and conduct the visits under

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supervised --

I believe it is two hours each

I think

The mothers to transport the

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THE COURT:

All right.

At the present time the

answer is no.

going to be back in session on Thursday of this week.

So if there was a visit scheduled for Wednesday that

is -- that order may not -- that orders not going to

be recognized by this Court.

children at the Kidsafe place this Wednesday.

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Hes not having any visits.

Were

He cant visit his

Youre welcome, Attorney Mathers, to be here

Thursday when Mr. Donovan and Mr. Jelly will be, as I

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review the case, yet again.

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not Mr. Taupier has better understood the charging

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instructions, and well have more information about

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the firearms.

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To determine whether or

But I believe the Court issued -- last week a

full no contact condition.

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ATTY. HANS:

Thats correct, Your Honor, on 9/4.

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THE COURT:

Which did, at that time authorize --

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ATTY. MATHERS:

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Access to the children pursuant

to the Civil Court Orders.

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THE COURT:

Correct.

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ATTY. MATHERS:

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THE COURT:

That was the last paragraph.

So but for then to the extent that

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the order on -- last week allowed the defendant

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access, hes on a 24/7 lock down now.

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ATTY. MATHERS:

So then I can move the Court to

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modify access to the children to come to his home.

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The Court -- this Court, would have no problems with

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that?

Im sort of thinking out loud here.

THE COURT:

No, thats fine.

ATTY. MATHERS:

There was another concern

raised, Your Honor, to that the protected party in

this matter has -- wants to make sure she understands

that shes not to be contacting the defendant, as

well.

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THE COURT:

Well -- as Im sure you understand I

have before me Mr. Taupier, whos --

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ATTY. MATHERS:

I understand.

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THE COURT:

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authority to address.

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carve-out there is appropriate.

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order prohibits the defendant from leaving his home.

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So, if the only kind of orders that -- the only kind

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of visits that are currently permitted -- excuse me,

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Counsel, I want to make sure that Attorney Mathers

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understands this, if the only orders -- the only

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authorized visitation now is at Kidsafe?

-- the only person I currently have

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ATTY. MATHERS:

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THE COURT:

All right.

Well, I guess, the

But, right now the

Yes.

Then theres no visits at Kidsafe

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because the defendant cant leave his house to go to

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Kidsafe.

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ATTY. MATHERS:
order, Your Honor.
THE COURT:

Ill be moving to modify that

Thank you.

That can be done, but its this

Courts view that the allegations in the second case

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are such that, the defendant at least for present

purposes has forfeited his right to leave his home.

And that means by that hes forfeited his right to

see his children at Kidsafe; then I just direct you

to disclose in your motion, to the Family Court

Judge, seeking a modification the events that have

transpired.

whatever steps it made to alert the judge in the

Family Court of the new allegations, and the nature

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And the State can certainly take

of this Courts orders.

ATTY. MATHERS:

Then I must be missing

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something.

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his monitoring wasnt proper?

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What -- nature of what, had occurred that

THE COURT:

Well they -- the judge hearing the

Family modification --

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ATTY. MATHERS:

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THE COURT:

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ATTY. MATHERS:

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THE COURT:

Yes.

The Family order of modification -Yes, Judge --

-- should be aware of all the events

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that have transpired since the date of that order

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before modifying it.

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ATTY. DONOVAN:

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THE COURT:

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ATTY. DONOVAN:

Just briefly, Your Honor.

Yes, sir.
Just so the records clear.

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know the Court had stated on the record that he did

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not properly charge the device at all.

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fact, and its difficult to see when you look through

In point of

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the records, and I think the State will agree with

me, on 9/6 he did charge for a 2 hours and a 5 minute

period.

follow those instructions and I will urge him to do

so, and follow the Courts requirements.

So it would seem to indicate that he can

THE COURT:

ATTY. HANS:

Thank you, Mr. Donovan.

But, Your Honor, prior to that at

2:56 there were 2 full battery packs left on his

kitchen counter.

He was expressly told that he

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should every 12 hours do a 2 hour continuous re-

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charge of his monitoring device.

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that as -- when he was initially hooked up.

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THE COURT:

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ATTY. DONOVAN:

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He failed to do

All right.
Im not arguing that, its just

that -THE COURT:

Mr. Donovan and Mr. Jelly, and

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perhaps Ms. Mathers, as well, will do whatever is

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necessary because, frankly, if the Court is led to

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believe on Thursday that there has been any non-

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compliance, or again what I view as efforts to test

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the Courts orders or the limits of the Courts

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orders then, I reserve the right on Thursday to take

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further action, as I deemed necessary, to insure

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protection of any complainants, and to compel the

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defendants compliance with orders.

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ATTY. DONOVAN:

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THE COURT:

So...

Thank you, Judge.

See -- I suggest that -- I know that

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probation is here, they can speak to Mr. Taupier, but

hes ordered to be home.

half an hour from here.

defendant should be home no later than 1:30.

the monitoring can begin.

I believe he lives within a

So I would imagine the
Then

The clerk has a question so before you leave --

THE CLERK:

Just want to clarify the meetings

with his attorneys are they still to be approved

first through probation?

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THE COURT:

Yes.

Meetings are to be approved

first.

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THE CLERK:

And medical emergencies --

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THE COURT:

He should then --

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THE CLERK: -- defendant to contact probation?

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THE COURT:

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-- then he should contact probation

to indicate theres a medical emergency.

ATTY. HANS:

And, Your Honor, he does have a

Civil Proceeding Hearing tomorrow.

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THE COURT:

Oh.

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ATTY. MATHERS:

Tomorrow hes scheduled to be --

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on the 10th.

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Counsel today to see if we can mark that off.

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Im going to reach out to opposing

THE COURT:

Before whom?

Would that be before

Judge Shluger?

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ATTY. MATHERS:

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THE COURT:

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ATTY. MATHERS:

No, Judge Samone [as heard].

Oh in Hartford.
Um hum.

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THE COURT:

ATTY. MATHERS:

matter transferred here.

THE COURT:

Judge Samone [as heard].

Well be moving to have that

Well should I contact -- would you

like me to contact or have the clerks office contact

Judge Samone, so that the continuance will -- it will

be understood why the defendants not appearing

there?

ATTY. MATHERS:

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THE COURT:

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ATTY. MATHERS:

You could certainly --

When is it down for, tomorrow?

Its down tomorrow for a motion

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for -- theres several motions filed by opposing

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Counsel that frankly are -- dont have any merit at

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this point.

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change venue to transfer it down here because the

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allegations of the criminal matter pertain to

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Hartford.

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sent to here and in speaking with Family they should

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be sending it down here, as well.

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But we would be filing a motion to

They will have the criminal court matter

THE COURT:

Well then what I would ask you to do

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then, why dont -- you try to contact Counsel.

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Counsel on the opposing side and the clerk of the

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Family Court that I have prohibited Mr. Taupier from

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leaving his home for the Court Hearing tomorrow, and

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well review this all on Thursday.

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ATTY. HANS:

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THE COURT:

Thank you, Your Honor.

Thank you all.

Tell

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ATTY. MATHERS:

Thank you, Your Honor.

ATTY. DONOVAN:

Thank you, Judge.

ATTY. JELLY:

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Thank you, Your Honor.

**********

NOS:
MMXCR140675616T MMXCR130200821T

SUPERIOR COURT

STATE OF CONNECTICUT

GA #9

v.

AT MIDDLETOWN, CONNECTICUT

EDWARD TAUPIER

SEPTEMBER 8, 2014

C E R T I F I C A T I O N

I hereby certify the foregoing pages are, a true and

correct transcription of the audio recording of the above
referenced case, heard in Superior Court, Judicial District of
Middlesex, Middletown, Connecticut, before the Honorable David P.
Gold, Judge, on the 8th day of September, 2014.

Dated this 10th day of September, 2014, in Middletown,

Connecticut.

_______________________________
Jean R. Patrizzi
Court Recording Monitor