Professional Documents
Culture Documents
CR14-0675616-T
CR13-0200821-T
STATE OF CONNECTICUT
V.
EDWARD F. TAUPIER
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SUPERIOR COURT
JUDICIAL DISTRICT OF MIDDLESEX
AT MIDDLETOWN
JANUARY 19, 2016
The undersigned has not complied with certain requirements of Practice Book 3-10 that apply when a party will
be left without representation if a motion to withdraw is granted. In this case, Attorney Norm Pattis has filed
appearances in both of the above-captioned matters and in fact his office represented Taupier at a bond hearing held
on January 15, 2016, in State v. Taupier, Docket No. CR14-0675616-T.
The court heard testimony on March 9, 2015, from five sworn officers assigned to the CSP
Central District Major Crime Squad relevant to Taupiers motion to suppress: Trooper Daniel
DeJesus, Sergeant Rafael Medina III (currently Lieutenant Medina), Trooper Andrew Katrenya,
Sergeant Ralph Soda, and Trooper Jennilee Fratellenico. (Ex. A, March 9, 2015, Hearing
Transcript)2 During the course of cross-examination on March 9, 2015, the defense questioned
each of the prosecutions witnesses about the search warrant executed on August 29, 2014, at
Taupiers residence. Trooper DeJesus testified that Lieutenant Medina had changed the warrant
after it was signed by a judge and executed at Taupiers residence:
THE COURT:
TROOPER DEJESUS:
Ill allow the question to be answered, if you can. The question is,
where is the copy of the warrant you showed Judge Mullarkey?
The copy as it was originally presented to Judge Mullarkey -- well,
it doesn't exist as it originally was presented to Judge Mullarkey
because the -- as I explained earlier the -- after he did sign we
redacted, and by we I mean Sergeant Medina specifically,
redacted the name that was on it. So I don't, I dont believe theres a
-- there is a copy at all that -- I dont know if Im answering your
question. I dont believe theres a copy that exists at all that has what
was originally presented to Judge Mullarkey because thats what
was actually redacted.
(Ex. A, March 9, 2015, Hearing Transcript at 72:2-16) The undersigned had previously on March
4, 2015, submitted a Request for Criminal Investigation to the CSP Deputy Commissioner, Colonel
Brian F. Meraviglia, stating and alleging:
This is a request for a criminal investigation upon allegations that a
warrant, issued pursuant to General Statutes 29-38c, was redacted
and altered without affirmation or oath subsequent to its issuance
and execution and prior to its return to the court. Specifically,
Connecticut State Police (CSP) Sergeant Medina tampered with a
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Exhibit A, the March 9, 2015, hearing transcript, is 197 pages and may be found in its entirety at
http://amnewsnetwork.com/420-2/. A copy of the entire transcript has been provided to the parties as a courtesy.
warrant after it was signed by a judge and executed by the CSP when
he altered the warrant by redaction and the addition of language.1
Sergeant Medina then deliberately omitted the date of his redactions
and alterations to conceal that a warrant issued by a judge upon oath
and affirmation by Trooper Katrenya and Trooper DeJesus was
redacted and altered after it was executed and prior to its return to
the court. Sergeant Medina acted in concert at and subsequent to the
tampering to further the scheme with the following individuals, so
far known to the undersigned: Trooper DeJesus, Trooper Katrenya,
Assistant States Attorney Vicki Melchiorre, Assistant States
Attorney Brenda Hans, The Honorable Edward J. Mullarkey.
(Ex. C, March 4, 2015, Letter to Colonel Meraviglia from Attorney Baird) Colonel Meraviglia
never responded to the request for a criminal investigation, the court sustained a motion to quash
a subpoena for Colonel Meraviglia to testify at the hearing on the motion to suppress, and the
status of the request for a criminal investigation remains unknown to the complainant. The court
commented in a ruling from the bench on March 10, 2015:
At this point I needn't reiterate all of the flaws identified by the
defendant, and properly so, that were present in the warrant itself, in
the process that the police used in executing that warrant, the
changes that were subsequently made to it, the fact a copy wasn't
left with the defendant nor was a return made properly. Im going
to cover those things shortly in my remarks.
(Ex. B, March 10, 2015, Hearing Transcript at 72:13-20) 3 The court subsequently addressed the
flaws identified by the defendant in more detail:
In the next part of my remarks I want to discuss the deficiencies.
Let me say at the outset that I am not entirely unsympathetic to the
defendant's claim here that the flaws in this warrant and in its
manner of execution, particularly when viewed under the totality of
the circumstances, presents a wholly unflattering portrait of the
efforts of police to secure and execute this warrant. The mistakes
3
Exhibit B, the March 10, 2015, hearing transcript, is 125 pages and may be found in its entirety at
http://amnewsnetwork.com/423-2/. A copy of the entire transcript has been provided to the parties as a courtesy.
that have been identified during the hearing should not have been
made in the first place and some, if not many of them, should have
been caught by someone before they impacted on the process itself.
The police who prepared the risk warrant, while not to be criticized
for using a prior warrant as a template, need to be hyper vigilant in
todays cut and paste world to ensure that their final product is
correct. The police should have caught the error on the warrant page
and seen that the name that had appeared on the warrant page was
not that of Mr. Taupier. That should have been caught and if not by
the affiants themselves then certainly by their supervisor who
apparently, according to the testimony, proofread it. Now, I realize
that, as I said, with cutting and pasting, these things happen and
these are warrants that are being prepared not by robots but by
human beings and mistakes are to be made and will be made. I
realize also that the warrant page, Page 4 of the application affidavit
and warrant package, is the only page that the police don't sign. The
police dont sign Page 4. They sign the application for the warrant
on Page 1. They swear to their affidavit on Pages 2 and 3 usually.
They don't sign Page 4. So maybe one could say that, well, they
dont sign that page so its more understandable that there could be
a mistake there that the judge is going to have to catch, if anyone
will. But the police are the ones who prepare the language on the
warrant itself for the judge to consider. So at least in the first
instance, its the police themselves that must bear the responsibility
for the accuracy of the information. But there's plenty of -- I dont
mean to highlight just the police errors here because theres plenty
of people who should have caught this. In addition to their
supervisor within the Connecticut State Police, the warrant was
then, according to the testimony, reviewed by a prosecutor. While a
risk warrant need not be signed by a prosecutor, its my
understanding that this warrant, and it is consistent with a general
practice I think, which I have some knowledge of a general practice
that prosecutors review all search warrants or risk warrants. And a
prosecutor, Attorney Melchiorre at the States Attorneys Office in
Hartford, apparently was tasked with reviewing the proposed risk
warrant before it was presented to a judge. She did so, at least one
can assume she did based on the testimony I heard from the
witnesses who did testify. She should have caught the mistake and
seen that the language on the warrant page didnt square with the
language on the application or the affidavit. And just to make sure I
identify all that should have caught this, the judge himself should
have caught this mistake when he signed the warrant. The judge
should not have misdated the warrant, either. There was testimony
about the judge putting the date down of August 28th rather than
August 29th, that should not have happened.
(Ex. B, March 10, 2015, Hearing Transcript at 74:12-76:26) The court denied Taupiers motion to
suppress in all substantial respects. Taupier was convicted on all counts and appeared for
sentencing on January 12, 2016.
B. Post-Sentencing Search and Seizure Warrant
The court sentenced Taupier to 18 months incarceration at sentencing on January 12, 2016,
set a $90,000 cash appeal bond, and ordered that bond post at the courthouse instead of the jail
facility to allow the defense and prosecution to be heard on conditions. A hearing on conditions
was scheduled for 2 PM on January 15, 2016, after the court was notified on January 14, 2016, of
Taupiers intent to post bond. Upon information and belief, a prosecution inspector, Mark Miele
(Inspector Miele), then sent an email to Dr. Marina Golli (Dr. Golli) at 3:39 PM on January
14, 2016, asking Dr. Golli to contact Inspector Miele because the CSP wished to speak to her. (Ex.
D, Email from Inspector Miele to Dr. Golli)4 The CSP then obtained a warrant at 1:16 PM on
January 15, 2016, to seize all computers and computer-related devices and media from Taupiers
residence. The bond hearing proceeded at 2 PM on January 15, 2016. During the hearing the
defense was unaware that a search and seizure warrant had been signed.
At the conclusion of the hearing the undersigned and legal investigator Edward A. Peruta
(Peruta) were seated in a conference room on the third floor of the courthouse discussing a
The undersigned understands from representations that Marina Golli is a medical doctor.
information. When Taupier was released the officers approached Taupier and on behalf of Taupier
the undersigned declined a meeting.
C. The January 15, 2016, Search and Seizure at Taupiers Residence
The undersigned transported Taupier to his residence where the undersigned, in cautious
estimation, viewed between 12 and 20 officers upon arrival. The undersigned remained at the
residence parked in the driveway until the officers left approximately three hours later. During this
time Peruta, in his media capacity as representative of American News and Information Services,
Inc., arrived at the scene to record the police activity. Lieutenant Medina, without prompting or
any reference by Peruta to Lieutenant Medinas involvement in redacting and altering the search
warrant executed on August 29, 2014, gloated, according to Peruta, that even after Peruta had sued
Lieutenant Medina the CSP still promoted him from Sergeant to Lieutenant. Peruta responded that
neither he nor the undersigneds office had sued Lieutenant Medina to which Lieutenant Medina
responded that it did not matter anyway because it was dismissed. (Ex. E, Docket and Ruling in
Taupier v. Katrenya, dated June 29, 2015)
II. CONCLUSION
The chain of events after the conclusion of the January 15, 2016, bond hearing including
but not limited to the ruse employed by the states attorneys office to draw the undersigned and
Peruta from the third to the first floor of the courthouse where three officers, not Inspector Miele,
clearly had intended to meet with the undersigned, a later reference by one of the officers to the
undersigneds status as a witness when the undersigned was unaccompanied by her legal
investigator as a witness to any discussion with the officer, the animus emanating from Lieutenant
Medinas comments and demeanor toward Peruta at the scene of the search and seizure on January
15, 2016, preceded by Lieutenant Medinas uninvited and intrusive efforts to make the undersigned
aware of his presence in the courthouse on January 15, 2016, provide good cause to believe that
the CSP, the Cromwell Police Department, and other law enforcement agencies unknown to the
undersigned, have retaliatory animus arising from the undersigneds representation of Taupier and
such animus toward his counsel cannot benefit Taupier at this time.
For all the foregoing reasons good cause regretfully exists for this court to grant the
undersigneds motion to withdraw the appearances as Taupiers counsel.
DEFENDANT
EDWARD F. TAUPIER
BY:
_________________________________________
Rachel M. Baird, Attorney
Rachel M. Baird & Associate (JURIS 434409)
15 Burlington Road
Harwinton, CT 06791
Tel: 860-605-9340
Fax: 860-605-9343
Email: rbaird@rachelbairdlaw.com
His Attorney
ORDER
The Court, upon due consideration hereby Orders the Defendants Motion
Granted / Denied.
___________________________________
Judge / Clerk of the Superior Court
CERTIFICATION OF SERVICE
Pursuant to Practice Book 10-14, I hereby certify that a copy of the above was served by
electronic transmission on January 19, 2016:
Attorney Norm Pattis
Pattis Law Firm
Email: norm@normpattis.com
Attorney Brenda Hans
Email: Brenda.hans@ct.gov
Edward F. Taupier
___________________________________
Rachel M. Baird, Attorney
Commissioner of the Superior Court
EXHIBIT A
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MMX-CR14-0675616T
STATE OF CONNECTICUT
SUPERIOR COURT
JUDICIAL DISTRICT OF
MIDDLESEX
AT MIDDLETOWN,
CONNECTICUT
MARCH 9, 2015
STATE OF CONNECTICUT
V.
EDWARD F. TAUPIER
Suppression Hearing
A P P E A R A N C E S :
Representing the State:
ATTORNEY BRENDA HANS
Assistant States Attorney
One Court Street
Middletown, CT 06457
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ATTY. MAURIELLO:
THE COURT:
ATTY. MAURIELLO:
Yes.
I do have a motion to quash
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THE COURT:
Okay.
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ATTY. MAURIELLO:
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Thank you.
Thank you.
(Pause)
THE COURT:
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Mullarkey?
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ATTY. BAIRD:
We did.
We served eight
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THE COURT:
ATTY. BAIRD:
THE COURT:
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ATTY. BAIRD:
suppress.
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THE COURT:
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ATTY. BAIRD:
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THE COURT:
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ATTY. BAIRD:
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Okay.
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THE COURT:
Right.
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ATTY. BAIRD:
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THE COURT:
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ATTY. BAIRD:
Good.
Good.
Communications that are referenced
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THE COURT:
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All fine.
We also
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THE COURT:
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THE COURT:
Okay.
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THE COURT:
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ATTY. BAIRD:
All right.
Weve also -- we also
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request.
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THE COURT:
suppression motion?
ATTY. BAIRD:
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THE COURT:
ATTY. BAIRD:
THE COURT:
Okay.
ATTY. BAIRD:
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(Pause)
ATTY. BAIRD:
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placed on call.
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THE COURT:
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ATTY. BAIRD:
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THE COURT:
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ATTY. PARILLE:
Okay.
And the other one was Chief --
Yeah.
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THE COURT:
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just a second.
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to Judge Mullarkey.
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The eighth?
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ATTY. BAIRD:
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THE COURT:
ATTY. BAIRD:
THE COURT:
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troopers.
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ATTY. BAIRD:
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THE COURT:
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Right, uh-huh.
What about Ms. Melchiorre, do you
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formally.
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THE COURT:
All right.
to
ATTY. HANS:
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(Pause)
THE COURT:
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to the clerk.
Judge Mullarkey?
ATTY. BAIRD:
THE COURT:
ATTY. HANS:
Yes.
Okay.
Your Honor, I have not had an
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documents.
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THE COURT:
All right.
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(Pause)
THE COURT:
All right.
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Mullarkey.
ATTY. PARILLE:
THE COURT:
ATTY. PARILLE:
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THE COURT:
Thank you.
Is there a written
motion to quash?
ATTY. PARILLE:
I have not.
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THE COURT:
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ATTY. BAIRD:
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executed warrant.
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THE COURT:
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If he doesnt have
ATTY. BAIRD:
2015.
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THE COURT:
All right.
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case?
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ATTY. BAIRD:
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impeached.
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THE COURT:
that means.
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officers?
ATTY. BAIRD:
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officer.
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is.
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THE COURT:
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any of the things that you seek may turn on what the
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have to say.
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Judge Mullarkey.
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And
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ATTY. BAIRD:
Yes.
So theres also a
Does that
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THE COURT:
Okay.
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question.
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I was hopeful of
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magistrate issue.
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correct in my guess?
ATTY. BAIRD:
THE COURT:
Am I
Yes.
All right.
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next day.
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proffer.
Am I incorrect?
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THE COURT:
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ATTY. BAIRD:
court but just before it was made the Court asked the
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And
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make sure?
THE COURT:
Yes.
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(Pause)
ATTY. BAIRD:
I will look.
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during break.
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THE COURT:
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ATTY. BAIRD:
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THE COURT:
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THE COURT:
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THE COURT:
I will look
All right.
I have 140 --
146.
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ATTY. BAIRD:
copy.
Okay.
THE COURT:
I have
ATTY. BAIRD:
THE COURT:
Let me see if
Im looking at Page 147, I don't see
There is one
voir dire.
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ATTY. BAIRD:
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THE COURT:
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it says recess?
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ATTY. BAIRD:
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THE COURT:
Okay.
Let me look.
I believe, yes.
All right.
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So your proffer as to
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ATTY. BAIRD:
Yes.
about.
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THE COURT:
Okay.
Fair enough.
All right.
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testify --
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ATTY. MAURIELLO:
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THE COURT:
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Mullarkey.
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proceed?
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ATTY. BAIRD:
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THE COURT:
I do.
Okay.
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ATTY. MAURIELLO:
Okay.
So Ill
Are we anticipating
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reporters or --
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THE COURT:
I suspect - it
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ATTY. BAIRD:
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THE COURT:
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Oh, yes.
Yes.
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personnel.
ATTY. BAIRD:
THE COURT:
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And then
Right.
But, I guess, well start with a
proffer.
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THE COURT:
Okay.
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THE COURT:
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THE COURT:
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ATTY. BAIRD:
It is.
All right.
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All right.
ATTY. BAIRD:
THE COURT:
Yes.
ATTY. BAIRD:
THE COURT:
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Because
Yes.
Okay.
ATTY. BAIRD:
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THE COURT:
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THE COURT:
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Okay.
Give me a moment.
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All right.
Yes.
(Pause)
THE COURT:
All right.
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motion.
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quotation marks.
ATTY. MAURIELLO:
THE COURT:
Yes.
ATTY. MAURIELLO:
transcript?
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THE COURT:
Im
Okay.
All right.
Thank you,
Your Honor.
THE COURT:
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(phonetic)?
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ATTY. BAIRD:
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THE COURT:
Bogus.
The Bogus article about which there
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Okay.
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ATTY. BAIRD:
THE COURT:
Yes.
Okay.
ATTY. BAIRD:
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THE COURT:
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ATTY. BAIRD:
Right.
-- because I am an attorney that,
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THE COURT:
Right.
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voyeurism case.
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that?
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In fact, you
ATTY. BAIRD:
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THE COURT:
Yale Law School and then the fact that youre going
ATTY. BAIRD:
That I do claim.
THE COURT:
ATTY. BAIRD:
THE COURT:
ATTY. BAIRD:
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Second Amendment.
Im sorry?
That I do claim as relevant.
As relevant to what?
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THE COURT:
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ATTY. BAIRD:
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THE COURT:
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ATTY. BAIRD:
I understand.
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particular.
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THE COURT:
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made?
But
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ATTY. BAIRD:
THE COURT:
ATTY. BAIRD:
THE COURT:
ATTY. BAIRD:
THE COURT:
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Its in a transcript.
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THE COURT:
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ATTY. BAIRD:
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THE COURT:
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Oh, I see.
Right.
I got it.
Okay.
So
Attorney Mauriello?
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ATTY. MAURIELLO:
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THE COURT:
I misunderstood you.
So the only
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Amendment?
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ATTY. BAIRD:
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THE COURT:
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Right.
Okay.
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ATTY. MAURIELLO:
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THE COURT:
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ATTY. MAURIELLO:
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Fine.
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THE COURT:
ATTY. MAURIELLO:
Right.
-- unless we cant go anywhere
here.
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THE COURT:
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ATTY. MAURIELLO:
Fine.
But as of right now it looks
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information.
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THE COURT:
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ATTY. MAURIEELO:
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THE COURT:
Thank you.
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the subpoena.
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ATTY. MAURIELLO:
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THE COURT:
All right.
Okay.
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well.
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go.
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ATTY. MAURIELLO:
Your Honor.
THE COURT:
ATTY. PARILLE:
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I believe it is in my motion,
THE COURT:
ATTY. MAURIELLO:
All right.
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warrant?
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ATTY. HANS:
So are
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THE COURT:
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ATTY. HANS:
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All right.
I do have certified copies that Id
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ATTY. HANS:
Yes, sir.
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THE COURT:
All right.
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ATTY. BAIRD:
THE COURT:
No objection.
Okay.
THE CLERK:
1.
THE COURT:
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THE CLERK:
Right.
All right.
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ATTY. HANS:
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THE COURT:
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ATTY. HANS:
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DeJesus.
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D A N I E L
having been first duly sworn by the clerk, was examined and
D E J E S U S
THE CLERK:
spell your name last name and provide your title and
THE WITNESS:
Thank you.
Im a detective with
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Middletown, Connecticut.
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THE COURT:
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ATTY. HANS:
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Attorney Hans.
Thank you, Your Honor.
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long have you been working as a state trooper with the State
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of Connecticut?
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Okay.
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Okay.
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Taupier?
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I am.
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I do.
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THE COURT:
Thank you.
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Sure.
ATTY. HANS:
Q
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Yes, maam.
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And could you tell the Court a little bit about what
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Yes, maam.
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THE COURT:
All right.
minute.
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ATTY. HANS:
The issue --
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THE COURT:
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Okay.
THE COURT:
Q
Thank you.
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Can
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I do.
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Mullarkey.
Q
Superior Court?
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warrant?
I was.
Taupier?
It did.
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Okay.
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Okay.
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others, that was the grounds for the risk, search and
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seizure warrant?
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Yes, maam.
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Okay.
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I did.
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you?
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He was.
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Yes, maam.
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Page 4?
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1
ATTY. HANS:
THE COURT:
3
ATTY. HANS:
THE COURT:
ATTY. HANS:
THE COURT:
Youre referring
Yes, sir.
Well, you called it -- ask the
13
Well, no.
14
ATTY. HANS:
15
Its a
16
THE COURT:
17
ATTY. HANS:
18
THE COURT:
19
packet.
20
ATTY. HANS:
Yes.
21
THE COURT:
Okay.
23
I have mine.
12
22
Excuse me.
11
10
24
I do.
25
26
27
Do you know if
31
1
He did.
Okay.
6
7
8
9
2014.
Q
10
11
12
13
Yes, maam.
14
Okay.
15
Taupiers warrant?
16
Yes.
17
Okay.
18
19
20
21
22
23
24
25
Yes, maam.
26
27
32
1
Yes, maam.
signed warrant?
Yes, maam.
I dont recall.
8
9
Okay.
10
11
troop?
12
13
Okay.
14
15
16
17
18
19
Okay.
20
21
22
23
department did.
Q
Okay.
24
Yes, maam.
25
Okay.
26
27
2nd, 2014.
A
Yes, maam.
33
1
Okay.
Yes, maam.
10
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The
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1
ATTY. HANS:
case.
three ways.
THE COURT:
ATTY. HANS:
Right.
The second is that the judge was
THE COURT:
ATTY. HANS:
Okay.
And the third addresses the
10
11
12
13
14
THE COURT:
15
16
establish what?
17
ATTY. HANS:
18
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THE COURT:
23
If
24
25
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35
1
in question.
found.
10
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13
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15
exclusionary rule.
16
ATTY. HANS:
17
THE COURT:
The
18
19
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21
ATTY. HANS:
Q
Thank you.
22
23
24
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27
36
1
I am confident.
Okay.
Yep.
Okay.
property.
10
11
Do you
12
I do.
13
14
Marker bar?
15
I do.
16
17
18
19
20
Okay.
21
I, I am.
22
Okay.
23
was?
24
Yes.
25
And I
26
27
37
1
Okay.
Court know that this was left over from an old cut and paste
Yes, maam.
Yes, maam.
error that I did not notice the date that I presented this
Okay.
signed it?
10
11
12
13
didnt see.
14
15
16
17
ATTY. HANS:
Q
18
I did.
19
20
Yes, maam.
21
22
23
24
He did.
25
26
27
Yes, maam.
38
1
sir?
It does.
you to Paragraph 7.
paragraph?
(Pause)
Yes, maam.
10
Okay.
11
12
want.
13
THE COURT:
14
ATTY. HANS:
15
THE COURT:
16
ATTY. HANS:
17
THE COURT:
18
19
says.
Q
Okay.
20
21
22
23
42 high-capacity magazines?
24
25
Okay.
26
27
39
1
Paragraph 7?
Yes, maam.
Okay.
10
11
Yes, maam.
12
13
14
15
16
Yes, maam.
17
18
19
20
21
I did.
22
Okay.
23
portion.
24
25
Yes, maam.
26
Okay.
27
40
1
Okay.
a previous cut and paste search and seizure warrant for risk
warrants?
Yes, maam.
Okay.
I did.
Can you tell the Court a little bit about when you
10
11
I can.
12
13
14
15
16
17
18
19
him that that was the only portion of the entire warrant
20
21
22
Okay.
23
Yes, maam.
24
25
26
Okay.
27
41
1
2
3
Squad, my unit.
Q
Okay.
Okay.
when you just first noticed this error in the return on the
warrant?
10
Yes, maam.
11
Okay.
12
13
14
I was present.
15
Okay.
16
If you know.
17
Yes, maam.
18
19
Yes.
20
21
22
23
24
Okay.
25
26
27
So Trooper Medina --
42
1
Yes, maam.
Okay.
Yes, maam.
Okay.
10th, 2014 that indicates that the warrant had been redacted
10
11
12
13
Yes, maam.
Okay.
14
I was.
15
16
DeJesus.
17
Yes, maam.
18
19
20
21
22
done and I believe she told him along lines of, she
23
24
25
the same.
26
27
Okay.
43
1
Yes, maam.
Okay.
Hartford?
I do.
Okay.
10
Okay.
11
12
13
14
15
informed?
A
16
Okay.
17
18
just told that she would notify him by her, she told us
19
that.
20
Okay.
21
22
23
24
No.
No, maam.
25
26
27
Okay.
44
1
Yes, maam.
Okay.
made?
6
7
8
9
10
ATTY. HANS:
Okay.
11
THE COURT:
12
ATTY. BAIRD:
13
THE COURT:
14
THE CLERK:
16
ATTY. HANS:
17
THE COURT:
19
20
Attorney Baird.
No objection.
exhibit.
Is that right, Attorney Baird, for purposes of
the hearing?
ATTY. BAIRD:
22
THE COURT:
report.
24
25
21
23
No objection.
3.
15
18
(Pause)
THE COURT:
26
27
45
1
5 of 7 and 6 of 7?
ATTY. HANS:
THE COURT:
They pertain
I can --
ATTY. BAIRD:
THE COURT:
Im seeing - no.
All right.
10
11
12
13
14
15
too.
16
ATTY. HANS:
17
ATTY. BAIRD:
18
THE COURT:
19
report.
20
ATTY. HANS:
21
22
23
(Pause)
24
ATTY. HANS:
25
Honor?
26
27
If
THE COURT:
Q
Uh-huh.
46
1
3
4
5
Yes, maam.
I completed.
Q
Okay.
That is correct.
10
11
12
13
Yes, maam.
14
15
16
17
warrant?
18
19
Okay.
20
21
22
THE COURT:
23
what it says.
24
25
ATTY. HANS:
Q
Okay.
26
27
police report?
47
1
Yes, maam.
Okay.
Yes.
the same day that she was and same time that she was
8
9
Okay.
10
11
12
13
14
correct?
15
It does.
16
Okay.
17
18
19
20
Strike that.
21
Please.
22
23
24
25
Yes.
26
27
Yes, it did.
48
1
Okay.
10
11
12
13
14
15
Excuse me.
16
17
18
THE WITNESS:
19
THE COURT:
20
THE WITNESS:
21
THE COURT:
22
THE WITNESS:
23
THE COURT:
24
THE WITNESS:
Yes.
Correct.
-- I dont believe it was.
All right.
Its to my knowledge it wasn't.
All right.
However, I wasnt - I didnt
25
26
27
49
1
THE COURT:
THE WITNESS:
THE COURT:
THE WITNESS:
THE COURT:
Okay.
All right.
So -
Thank you.
To my knowledge it wasn't.
All right.
Next question.
not Mr. Taupier had been told that the risk warrant was
10
11
12
I did.
13
And you told him before - well, when you told him
14
the reason the troopers were there did you explain that you
15
16
I did.
17
And did you -- what else did you tell Mr. Taupier, if
18
19
20
Yes, maam.
21
22
23
custody, arrested.
24
25
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27
50
1
actually.
Okay.
Okay.
10
11
12
13
14
15
16
17
18
Yes, maam.
19
And that had also been signed and that was executed
20
21
Correct.
22
23
24
Yes, maam.
25
Okay.
26
27
51
1
I, I don't recall.
ATTY. HANS:
Okay.
(Pause)
ATTY. HANS:
one moment.
(Pause)
10
bit.
11
12
13
14
15
I did.
16
17
Yes, maam.
18
19
20
21
22
residence.
23
Okay.
24
25
26
27
to Satulas residence.
52
1
Okay, sir.
Yes, maam.
Okay.
Yes.
10
11
12
Okay.
13
14
15
16
17
I did.
18
Okay.
19
20
21
information that Mr. Satula had weapons that day or did you
22
23
That day.
24
Okay.
25
26
27
2014?
A
my reports, rather.
53
1
Okay.
I did.
ATTY. HANS:
just want to --
THE COURT:
Thats fine.
Or whatevers -
10
11
back?
12
ATTY. HANS:
Yes.
13
THE COURT:
Okay.
14
ATTY. HANS:
15
provide copies.
16
THE COURT:
17
ATTY. HANS:
18
19
20
Okay.
Here he is.
And I ask
21
(Pause)
22
ATTY. BAIRD:
23
THE COURT:
24
25
No objection.
No objection.
(Pause)
26
THE CLERK:
Full exhibit?
27
THE COURT:
54
1
full exhibit.
ATTY. HANS:
copy.
4
5
THE COURT:
Q
Thank you.
Trooper DeJesus?
8
9
Yes, maam.
10
11
12
Okay.
13
14
15
releaser DPS.
16
17
I was.
18
Okay.
19
20
21
22
23
He surrendered them.
24
Okay.
25
26
have - did you have that led you to believe that they were
27
55
1
know anything of them, but did provide me the ones that are
10
11
12
13
ATTY. HANS:
14
15
THE COURT:
16
Uh-huh.
17
18
19
Yes, maam.
20
21
22
23
Okay.
24
Correct.
25
26
27
Yes, maam.
56
1
Okay.
Thats correct.
Okay.
about why you did that, what prompted you or who prompted
you?
Yes, maam.
10
11
12
13
14
15
16
17
18
minute.
19
20
21
Yes, maam.
22
23
24
25
Correct.
26
Okay.
27
57
1
Thats correct.
Okay.
Yes, maam.
he was the same person that was your co-affiant on the risk
warrant?
10
Yes, maam.
11
12
Yes, maam.
13
And fair to say that you were, pretty much, the lead
14
15
I was.
16
17
investigator.
18
Okay.
19
20
21
Yes, maam.
22
23
24
25
26
27
Troopers agency?
58
1
Okay.
being inventoried.
9
10
Okay.
11
Yes, maam.
12
13
14
15
16
Sure.
17
18
19
20
21
22
23
Okay.
24
It is.
25
Okay.
26
27
59
1
No. 2.
Okay.
it another way, can you explain why you did it two different
10
11
ways?
A
12
13
14
15
16
to go that way.
17
Okay.
18
19
20
Okay.
21
22
23
Connecticut, correct?
24
Yes, maam.
25
26
Yes, maam.
27
ATTY. HANS:
60
1
THE COURT:
Thank you.
(Pause)
THE COURT:
5
6
7
Go ahead.
10
11
Thats correct.
12
13
29th, 2014 prior to making the trip from Troop H over to 101
14
Lafayette Street?
15
If youre asking me --
16
THE COURT:
Well, to whom?
17
THE WITNESS:
18
ATTY. HANS:
19
THE COURT:
20
21
question?
22
ATTY. BAIRD:
23
THE COURT:
24
Yes.
All right.
25
26
27
arrest warrant and the firearm seizure warrant that you had
61
1
2
8
9
past with other cases to include this case, there have been
10
11
12
13
14
Ive called and tried to schedule and there are other times
15
when Ive just walked over and presented to the courts what
16
17
18
29th, 2014 with the two warrants, with the one arrest
19
20
21
I know I
22
I know
23
24
25
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27
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1
29th, 2014?
Yes.
Judge Mullarkey.
10
11
12
13
14
15
16
Its Exhibit 1.
17
Yes, maam.
18
(Pause)
19
20
21
signature anywhere.
22
it.
23
24
25
26
27
63
1
ATTY. BAIRD:
THE COURT:
Yes.
So I guess the question Attorney
ATTY. BAIRD:
THE COURT:
risk warrant.
10
THE WITNESS:
11
THE COURT:
Yes, sir.
The question is, did she, Attorney
12
13
THE WITNESS:
14
THE COURT:
15
16
indicate that.
17
THE WITNESS:
18
19
20
21
front of me.
Q
Okay.
22
23
24
25
26
27
64
1
I do, maam.
Okay.
Yes, maam.
10
Correct.
11
12
13
14
Correct, okay.
15
16
17
Yes, maam.
18
19
20
correct?
21
Yes, maam.
22
23
24
25
Correct.
26
Okay.
27
65
1
We did.
10
Okay.
11
12
13
There were.
14
Okay.
15
16
17
18
maam.
19
20
21
22
23
24
of investigations.
25
26
27
We seize the
66
1
Yes.
4
5
6
7
No.
10
11
12
evidence locker.
13
14
15
16
evidence?
17
18
19
20
21
on the 19th.
22
23
24
25
26
Yes, maam.
27
Exhibit 2.
67
1
Yes, maam.
correct?
10
11
12
13
14
15
16
17
Okay.
Youre correct.
18
19
20
21
22
Id have to reference my
No, maam.
23
24
25
26
27
ATTY. HANS:
Excuse me.
68
1
ATTY. BAIRD:
3
4
THE COURT:
All right.
THE COURT:
ATTY. HANS:
THE COURT:
COURT MONITOR:
Okay.
10
THE COURT:
11
THE WITNESS:
12
13
14
once again?
Okay.
Your Honor, can I just hear that
All right.
17
relevant.
18
relevance.
19
All set.
Im sorry.
THE COURT:
15
16
THE COURT:
20
21
22
ATTY. BAIRD:
23
24
25
26
27
If,
69
1
suppress.
THE COURT:
youre saying?
ATTY. BAIRD:
THE COURT:
Im unclear as to
10
11
what.
12
13
14
15
16
17
photographs.
18
19
20
21
22
23
24
25
firearms.
26
27
THE COURT:
is it a matter in dispute?
70
1
pictures?
ATTY. BAIRD:
THE COURT:
Yes.
Okay.
ATTY. BAIRD:
THE COURT:
ATTY. BAIRD:
10
11
At the home.
Okay.
THE COURT:
Can you
Yes.
Fair enough.
Yes.
Do you dispute that they were taken
at the house?
12
ATTY. HANS:
13
THE COURT:
No, sir.
Fine.
All right.
So then Attorney
14
15
16
17
18
19
20
21
claiming?
22
ATTY. BAIRD:
23
THE COURT:
Yes.
Okay.
24
25
26
ATTY. BAIRD:
27
THE COURT:
Right.
So thats the question, not the risk
71
1
warrant.
THE WITNESS:
THE COURT:
THE WITNESS:
risk warrant --
THE COURT:
THE WITNESS:
Risk warrant.
-- which authorized our seizure of
the firearms.
10
THE COURT:
11
THE WITNESS:
12
Thank you.
So they were taken as part of
inventory.
13
THE COURT:
14
Attorney Baird?
15
ATTY. BAIRD:
16
THE COURT:
17
Yes.
Thank you.
18
19
20
Yes, maam.
21
22
23
24
25
26
27
ATTY. BAIRD:
72
1
himself.
THE COURT:
THE WITNESS:
10
11
12
13
14
15
16
17
18
19
20
21
Im sorry.
22
23
Yes, maam.
24
25
26
warrant, correct?
27
Correct.
73
1
2
consideration?
Yes, maam.
that day?
10
Yes, maam.
11
12
13
14
In his office.
15
Yes, maam.
16
17
18
19
Mullarkey.
20
21
Yes, maam.
22
23
24
25
I, I dont recall.
26
27
74
1
Yes, yes.
3
4
5
6
7
back to Troop H?
A
signature?
Yes, maam.
10
Yes, maam.
11
12
Yes, maam.
13
14
15
16
Yes, yes.
17
18
correct?
19
Yes, maam.
20
21
correct?
22
23
24
Taupier's house?
25
No, maam.
26
No.
27
I had it on me and
75
1
2
3
Okay.
Yeah.
Photocopied.
Okay.
10
it there.
11
12
13
14
15
Well, are you saying that you may have copied them at
16
17
18
19
20
at 14?
21
22
23
24
25
26
step further and the reason why I would have done that is
27
because they are the ones who actually went through the
76
1
5
6
I wasnt
Its possible.
Thats possible.
10
11
12
Mullarkey?
13
No, maam.
14
15
16
17
18
19
step further.
20
can only say that I would have given a copy to someone in,
21
22
23
residence.
24
25
26
27
77
1
Yes, maam.
Yes.
Yes, maam.
9
10
11
12
13
Yes, maam.
Q
14
15
16
house?
17
I don't know.
18
19
20
21
22
And now you say copy, do you know if it was just one
I dont know.
23
I dont see a
24
25
26
copy.
27
78
1
And who was it, who are the possible individuals that
I dont know the chain of hands that it went from one to the
other.
10
11
12
did you attempt to find this one copy that you had made of
13
14
I did not.
15
16
I do not.
17
18
I do not, no.
19
20
21
that document?
22
23
Okay.
24
25
question, sir?
Can I just
26
ATTY. BAIRD:
27
THE COURT:
Okay.
Go ahead.
79
1
THE WITNESS:
10
11
12
happened to that report that went out to the field that day
13
14
And by report
15
16
17
18
ATTY. HANS:
19
THE COURT:
20
21
22
23
24
25
26
Page 4 of Exhibit 1?
27
Four of Exhibit 1.
Yes, maam.
80
1
2
I do.
Medina.
Correct.
10
In fact,
11
12
13
14
others present?
15
16
17
the change?
18
19
20
21
No.
22
23
We did.
24
25
We did.
to Attorney Melchiorre?
26
Yes, maam.
27
81
1
Exhibit 1?
I was.
He was.
10
11
12
13
14
I don't recall.
15
16
4 of Exhibit 1?
17
18
Okay.
19
20
No, ma'am.
21
22
23
Yes, maam.
24
25
26
27
I do see it.
82
1
2
3
4
5
I didnt.
Okay.
10
Thats right.
11
12
13
I did not.
14
15
16
17
18
Youre correct.
Judge Mullarkey.
Q
19
20
warrant.
21
Yes, maam.
22
(Pause)
23
24
Yes, maam.
25
26
27
Yes, maam.
83
1
Yes, maam.
I did not.
10
11
12
Yes, maam.
13
14
Yes, maam.
15
16
That is.
17
18
19
Thats correct.
20
21
22
No, maam.
23
24
25
26
27
Okay.
84
1
Sure.
I do.
10
11
it.
12
Okay.
13
14
15
16
Yeah.
17
18
to last paragraph.
19
Yes, maam.
20
21
22
Correct.
23
24
25
26
27
85
1
DeJesus?
3
4
on the return.
Q
therein, what person are you referring to when you put your
signature there?
8
9
10
11
All right.
12
Yes, maam.
13
14
So on Page 5 of 6 --
15
Yes, maam.
16
17
18
19
20
21
22
of all returns.
Q
Okay.
23
you right?
24
Am I answering
25
Uh-huh.
26
27
86
1
to.
5
6
Yes, maam.
9
10
No.
No, maam.
11
12
13
14
So
15
Right.
Thats correct.
16
17
Yes.
18
19
20
21
the hopes that he can get a -- that he would get a copy when
22
23
24
25
to his arrest.
26
27
So thats, so thats my
that Mr. Taupier had received a copy on August 29th then you
87
1
Yes, maam.
-- to Edward Taupier --
Yes, maam.
Thats correct.
Hartford, Correct?
10
Yes, maam.
11
12
Meriden, correct?
13
Thats correct.
14
15
16
2?
17
I did.
18
19
Yes, maam.
20
Correct.
21
22
23
24
at Troop H?
25
26
27
I, I --
88
1
right here, right now, say when they were transported to the
8
9
10
11
12
after.
13
14
Police personnel.
15
So
16
17
18
19
20
No.
21
Okay.
22
23
Yes, maam.
24
25
26
27
89
1
Thats correct.
That's correct.
department.
10
11
12
No, maam.
The address
13
14
15
housed.
16
Okay.
17
18
19
is located?
20
21
22
23
Okay.
24
No, maam.
25
26
27
90
1
I did not.
that the reason for the address in the search and seizure
located?
9
10
(Pause)
Q
11
12
13
14
located there?
15
16
17
18
19
20
21
22
23
its legal.
Had it been
24
Okay.
So Im to understand --
25
26
I, I dont know.
27
91
1
(Pause)
ATTY. BAIRD:
questions.
THE COURT:
ATTY. HANS:
Thank you.
10
11
12
warrant?
13
14
15
No, maam.
Q
Okay.
16
17
18
19
Yes, maam.
20
Okay.
21
22
23
24
25
26
27
Yes, maam.
maam.
Q
92
1
2
No.
address.
5
6
(Pause)
Q
10
No, maam.
11
Okay.
12
13
14
Yes.
notify him.
15
16
One moment.
(Pause)
17
ATTY. HANS:
18
Honor.
19
THE COURT:
20
21
In that area.
22
23
correct?
24
25
26
27
Right.
93
1
Okay.
Exhibit 3?
Okay.
ATTY. BAIRD:
10
11
12
THE COURT:
No further questions.
Anything else?
13
14
notified?
15
16
17
18
ATTY. HANS:
19
THE COURT:
Thats enough.
20
All right.
21
22
23
24
25
26
27
No further questions.
down.
THE WITNESS:
this here?
THE COURT:
there.
94
1
ATTY. HANS:
THE COURT:
(Discussion at sidebar)
7
8
Uh-huh.
THE COURT:
10-minute recess.
All right.
Thank you.
(Recess at 12:03.
Resume at 12:16.)
10
THE COURT:
11
12
13
14
Thank you.
ATTY. HANS:
Yep.
much.
15
THE COURT:
16
17
ATTY. HANS:
18
19
20
21
22
23
24
25
26
27
Okay.
ATTY. HANS:
Trooper.
THE COURT:
Medina.
All right.
95
1
R A P H A E L
having been first duly sworn by the clerk, was examined and
M E D I N A
THE CLERK:
spell your name last name and provide your title and
THE WITNESS:
Thank you.
10
Connecticut.
11
THE COURT:
12
ATTY. HANS:
13
14
15
All right.
Thank you.
16
17
Okay.
18
Attorney Hans.
19
I did.
20
21
22
23
24
Okay.
25
26
27
96
1
2
document?
A
Yes.
ATTY. HANS:
Exhibit 1, please?
THE COURT:
You may.
Do
10
Yes, I do.
11
12
13
14
15
Okay.
16
17
Yes.
18
19
Now --
20
21
22
Okay.
23
Taupier?
24
Thats correct.
25
26
27
97
1
Okay.
It is.
Yes, it is.
10
11
Katrenya?
12
Yes.
13
Okay.
14
DeJesus?
15
Yes.
16
17
18
Okay.
19
20
21
1?
22
23
24
Okay.
25
26
27
98
1
is the first time I actually viewed the risk warrant for the
residence.
10
Yes, maam.
11
Okay.
12
13
14
scriveners error.
15
16
17
it as well.
18
19
Okay.
presence?
20
Yes, maam.
21
22
23
No, maam.
24
25
26
27
99
1
No, I do not.
Okay.
5
6
7
date of birth.
Q
Okay.
that was the subject or the target of the risk warrant was
10
Yes, maam.
11
12
13
Connecticut?
14
Yes, maam.
15
16
17
18
Yes, maam.
19
Okay.
20
21
22
Yes, maam.
23
Okay.
24
25
26
Yes, maam.
27
100
1
2
Okay.
Like I said, I
10
Yes, maam.
11
12
wrong -- what did you think the right name should be on Page
13
4 of 6 of States Exhibit 1?
14
15
Okay.
16
Yes, maam.
17
And so you redacted the old name out with the black
18
Magic Marker?
19
Correct.
20
21
22
23
177.
24
Yes, maam.
25
Okay.
26
27
both the judge and the prosecutor, and as well, after it had
101
1
been executed?
Yes, maam.
And can you give us the reason why you made that
10
11
12
13
warrant.
14
15
16
17
18
19
20
Okay.
Okay.
Yes, maam.
22
Okay.
24
25
26
27
I think -- I
21
23
Okay.
102
1
2
Yes, maam.
accuracy purposes?
Correct, maam.
Okay.
10
11
12
13
14
altered.
15
16
Okay.
document?
17
18
19
20
21
22
23
Yes, maam.
24
25
26
Yes, maam.
27
Okay.
103
1
Yes, maam.
ATTY. HANS:
5
6
the judge who had signed that original warrant with the
10
11
12
Yes, maam.
13
Okay.
14
15
16
17
18
Okay.
19
20
do you?
21
22
23
24
25
26
27
Okay.
when did you say -- so you got a telephone call from Vicki
104
1
Okay.
10
11
12
Yes, maam.
13
14
15
16
Correct.
17
18
(Pause)
Q
19
20
21
on it?
22
Yes.
23
Okay.
24
was redacted.
25
26
27
Okay.
105
1
2
3
Honor.
CROSS-EXAMINATION BY ATTY. BAIRD:
Q
Yes, maam.
10
11
12
13
Mr. Taupier was this brought to your attention for the first
14
15
Yes, maam.
16
17
18
19
20
It was immediately.
21
22
No, maam.
23
24
chain of command?
25
No, maam.
26
27
106
1
No, maam.
No, maam.
what the original warrant looked like that the judge had
signed?
No, maam.
10
11
12
13
14
15
16
17
18
19
20
that page?
21
No, maam.
22
23
24
Yes, maam.
Yes.
25
26
27
107
1
ATTY. HANS:
ATTY. BAIRD:
THE COURT:
objection.
and the arrest warrant who had a copy of the risk warrant in
10
11
I am unaware.
12
13
14
15
29th.
16
17
I do not know.
of that involvement?
18
Yes, maam.
19
20
21
I do not know.
22
23
August 29th, 2014, did you read the risk warrant, had you
24
25
26
risk warrant.
27
was part of the staging area and group to conduct the arrest
108
1
area.
of 6?
I do not know.
10
11
12
had been the one who originally was involved in the firearm
13
seizure warrant?
14
No, maam.
15
16
would have come to you and not Sergeant Mancini even though
17
18
19
20
Troop H.
21
22
Okay.
immediate supervisor?
23
No, maam.
24
25
26
27
Correct.
109
1
front of you.
of you?
ATTY. BAIRD:
THE COURT:
Okay.
ATTY. BAIRD:
THE COURT:
Yes.
All right.
10
11
12
13
(Pause)
Q
14
15
16
17
18
you --
19
20
21
22
23
24
THE COURT:
scope.
ATTY. BAIRD:
Yeah.
I know.
Im --
25
ATTY. HANS:
26
THE COURT:
27
110
1
ATTY. BAIRD:
THE COURT:
Yes.
Okay.
Well, it is technically
so go right ahead.
Exhibit 2?
Yes, maam.
10
Trooper DeJesus?
11
Yes, maam.
12
13
Yes, maam.
14
15
16
17
18
19
No, ma'am.
20
21
22
23
Thats correct.
24
25
Mullarkey?
26
No, ma'am.
27
111
1
Yes, maam.
I called her.
10
11
Thats correct.
12
13
No, maam.
14
15
16
17
Oh.
18
19
20
I told her.
presented to her.
Q
Okay.
21
22
23
24
Okay.
25
26
Yes, maam.
27
112
1
correct?
Correct, maam.
error?
10
11
12
13
corrected it as a report.
14
15
court.
16
ATTY. BAIRD:
17
THE COURT:
18
ATTY. HANS:
19
THE COURT:
20
21
No further questions.
And
22
THE WITNESS:
23
THE COURT:
24
25
ATTY. HANS:
Yes, sir.
26
THE COURT:
All right.
27
Thank you.
Hans?
Thanks.
113
1
ATTY. HANS:
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
THE COURT:
Soda?
114
1
R A L P H
S O D A
having been first duly sworn by the clerk, was examined and
THE CLERK:
spell your name last name and provide your title and
THE WITNESS:
Thank you.
10
11
THE COURT:
12
ATTY. HANS:
13
14
Attorney Hans.
Thank you, Your Honor.
15
16
17
Cromwell, Connecticut?
18
Yes, I was.
19
Okay.
20
that search and seizure, could you describe your role that
21
day?
22
Yes.
23
24
25
Okay.
26
Yes.
27
Okay.
115
1
Trooper, sir?
Okay.
4
5
ATTY. HANS:
Honor?
10
11
THE COURT:
Q
You may.
12
13
14
that document?
15
(Pause)
16
Yes.
17
Okay.
18
19
20
Yes.
21
22
23
warrant?
24
Yes.
25
Okay.
26
27
116
1
Briefly.
Okay.
3
4
Sergeant Soda?
A
8
9
10
Okay.
11
No.
12
Okay.
13
14
15
Okay.
16
17
18
right.
19
20
Hes got the blue blazer on, got his hands together.
21
ATTY. HANS:
22
23
Edward Taupier.
24
THE COURT:
25
26
day.
27
117
1
Correct.
5
6
7
Okay.
Correct.
10
Okay.
11
its now March of 2015 this was back in August 29, 2014,
12
13
did you tell Mr. Taupier regarding what the state police
14
15
16
17
18
I just told him that, you know, the detectives would explain
19
20
21
22
23
24
25
Okay.
Okay.
26
27
118
1
I don't know.
Okay.
4
5
6
7
copy of that?
A
Okay.
10
day?
11
I don't.
12
13
14
15
16
17
conversation.
18
ATTY. HANS:
19
THE COURT:
20
Attorney Baird.
21
22
Is it Sergeant Soda?
23
Yes.
24
25
26
Cromwell?
27
I did not.
119
1
29th, 2014?
9
10
11
I dont recall.
12
ATTY. BAIRD:
13
THE COURT:
14
ATTY. HANS:
15
16
I cant recall if I
No further questions.
Anything further?
Yes.
Now, you said that you dont recall if you ever took
17
How
18
19
20
2014?
21
Yes.
22
Can you tell us about how many you think were there,
23
just an estimate?
24
25
asking?
26
Yes.
27
120
1
residence.
Okay.
I dont.
warrant?
10
No.
11
12
13
was signed.
14
15
16
17
ATTY. HANS:
18
Okay.
(Pause)
19
ATTY. HANS:
20
21
22
23
24
Yes.
25
26
27
Yes.
121
1
Okay.
that phone call that the warrant had been signed and you
8
9
10
11
12
custody the detective that had the warrant signed he was on-
13
14
15
Correct.
16
17
18
19
20
21
THE COURT:
22
23
ATTY. HANS:
24
THE COURT:
25
step down.
26
there.
27
No, sir.
Thank you, Sergeant Soda.
You may
THE WITNESS:
122
1
THE COURT:
intends to call?
ATTY. HANS:
THE COURT:
ATTY. BAIRD:
THE COURT:
ATTY. BAIRD:
Yes.
All right.
THE COURT:
11
ATTY. BAIRD:
12
THE COURT:
13
ATTY. BAIRD:
15
16
17
18
19
20
21
22
23
24
25
26
27
10
14
Okay.
Here now?
Yes.
Okay.
And Trooper Katrenyas here as
All right.
So Fratellenico, we
123
1
J E N N I L E E
having been first duly sworn by the clerk, was examined and
F R A T E L L E N I C O
THE CLERK:
spell your name last name and provide your title and
THE WITNESS:
THE COURT:
10
THE WITNESS:
11
THE COURT:
I-C-O.
12
All right.
Attorney Baird.
13
14
Thank you.
I-C-O.
15
And if I could
16
17
paragraph on Page 6.
18
Yes.
19
20
21
22
was you?
23
24
25
remember.
Q
Okay.
26
27
versus Taupier?
124
1
2
3
4
I do remember coming
been a trooper?
Four years.
courts before?
Yes.
10
11
12
13
14
15
16
Thats possible.
17
18
19
20
21
22
Yeah.
23
24
Okay.
25
26
27
29th, 2014?
125
1
No, maam.
No, maam.
of that matter?
8
9
10
11
12
13
14
No, maam.
ATTY. BAIRD:
15
16
I,
17
18
19
20
(Pause)
A
21
ATTY. BAIRD:
22
THE COURT:
23
24
ATTY. HANS:
25
26
27
Thank you.
Just one.
126
1
recollection of it?
Thats correct.
ATTY. HANS:
THE COURT:
Thats it.
THE WITNESS:
THE COURT:
Thank you.
All right.
10
11
reconvene at two.
12
13
14
Attorney Baird?
15
ATTY. BAIRD:
16
THE COURT:
Yes.
All right.
17
18
19
20
21
subpoenaed.
22
You had
23
ATTY. BAIRD:
24
THE COURT:
Yes.
Okay.
25
26
Melchiorre is seven.
27
ATTY. BAIRD:
127
1
2
All right.
ATTY. BAIRD:
THE COURT:
Thank you.
Now, and I know that youre trying
10
11
12
13
14
Thank you.
(Recess at 1:00.
THE COURT:
sorry.
Im
ATTY. BAIRD:
16
Trooper Katrenya.
17
other troopers or --
18
MR. MACNAMARA:
19
ATTY. BAIRD:
20
MR. MACNAMARA:
21
ATTY. BAIRD:
22
MR. MACNAMARA:
23
ATTY. BAIRD:
24
MR. MACNAMARA:
25
ATTY. BAIRD:
27
Resume at 2:03.)
15
26
Well be in recess
Hes back.
Yeah, hes back.
Yeah.
Is he out there?
I can see if -Oh, okay.
The marshals
128
1
will check.
ATTY. BAIRD:
THE COURT:
ATTY. HANS:
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Honor.
6
7
Okay.
(Pause)
THE COURT:
Good afternoon.
129
1
A N D R E W
having been first duly sworn by the clerk, was examined and
K A T R E N Y A
THE CLERK:
spell your name last name and provide your title and
THE WITNESS:
9
10
Thank you.
THE COURT:
Attorney Baird.
11
12
13
14
15
16
17
18
19
(Pause)
Q
20
Yes, I was.
21
22
Yes.
23
24
25
26
27
130
1
used that and then I just reviewed it and was present while
e-mail to him?
I do not recall.
8
9
10
11
screen.
12
example.
13
14
took the previous or the warrant that you provided him and
15
16
Thats correct.
17
18
19
20
Yes, I did.
21
22
23
24
25
26
27
131
1
2
3
Yes.
seizure warrant?
I was not.
10
11
this, when did you -- when was the next time you saw the
12
13
14
THE COURT:
Im sorry.
15
more time?
16
17
18
19
Yes.
20
21
22
Thats correct.
23
24
25
26
27
132
1
29th.
Yes.
Yes.
Yes.
10
11
Yes.
12
13
14
15
16
was in the room or not, but he was for sure in the building.
Q
17
18
19
No, I do not.
20
21
22
Yes.
23
24
I dont recall.
25
26
Yes.
27
133
1
Yes.
Yes, I did.
Yes.
page.
Yes.
10
11
12
Mullarkey?
13
It was not.
14
15
16
No.
17
18
19
20
Mullarkey?
21
22
23
24
No, I do not.
25
When did you first become aware that the risk warrant
26
27
134
1
Today.
And did you discuss with any -- what time today did
3
4
5
6
Just now.
by Judge Mullarkey which did not contain the black line and
10
11
12
13
14
15
16
No.
17
18
19
No.
20
21
22
23
I do not.
24
25
26
executed
27
No.
135
1
8
9
10
11
12
Yes.
13
14
15
16
mean.
Q
17
Okay.
18
19
You submitted --
20
21
22
23
I did.
24
25
26
27
136
1
I do not recall.
Yes.
Yes.
Are you able at all to place the time period when you
months?
10
11
12
13
14
out?
15
16
17
18
19
Yes, it does.
20
21
22
affidavit?
23
Yes.
24
25
the judge that there had been a change made to the firearms
26
27
137
1
custody of the state police did you inform Judge Diana that
10
11
I didnt specifically
in Exhibit 2?
12
13
14
well?
15
Thats correct.
16
17
18
19
20
No.
21
22
Middletown?
23
No.
24
25
26
27
138
1
2
3
warrant on Page 4?
9
10
11
12
13
14
15
No.
16
17
18
19
No.
20
21
22
No.
23
24
25
26
27
139
1
No.
No.
Cromwell?
10
No.
11
12
I do not.
13
14
15
No.
16
17
18
19
20
21
22
23
24
25
26
way, did you physically see any firearms that were seized
27
140
1
2
No.
3
4
ATTY. BAIRD:
questions.
ATTY. HANS:
(Pause)
THE COURT:
All right.
THE WITNESS:
(Pause)
10
THE COURT:
All right.
Now, as far as
11
12
13
14
question now.
15
colonel?
16
ATTY. BAIRD:
17
18
19
20
21
THE COURT:
22
ATTY. BARID:
23
that.
24
THE COURT:
All right.
25
much.
26
27
Attorney Melchiorre?
141
1
ATTY. BAIRD:
10
THE COURT:
11
12
ATTY. BAIRD:
13
THE COURT:
All right.
Is it your desire to
It is not.
All right.
14
15
16
17
18
19
ATTY. BAIRD:
20
THE COURT:
21
22
Mullarkey.
23
ATTY. BAIRD:
24
THE COURT:
Yes.
Putting aside for the moment the
25
26
27
142
1
ATTY. BAIRD:
THE COURT:
10
11
12
13
ATTY. BAIRD:
14
THE COURT:
Yes.
Is the State offering any additional
15
16
17
ATTY. HANS:
18
THE COURT:
All right.
19
20
21
22
23
ATTY. BAIRD:
24
25
26
27
will argue that the State did not meet its burden.
143
1
THE COURT:
on that.
neutrality question.
you want and that may include the fact that absent
10
11
12
13
14
thereafter?
15
ATTY. BAIRD:
16
17
language.
18
19
THE COURT:
20
ATTY. BAIRD:
21
THE COURT:
And what
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(Pause)
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ATTY. BAIRD:
that.
It's not.
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THE COURT:
No questions.
All right.
So it
followed.
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THE COURT:
Okay.
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ATTY. BAIRD:
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THE COURT:
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being.
ATTY. BAIRD:
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THE COURT:
Thats fair.
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ATTY. BAIRD:
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THE COURT:
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So theres additional
Yes.
Separate and apart from the claims
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ATTY. BAIRD:
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THE COURT:
Yes.
Did I correctly identify the scope
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ATTY. BAIRD:
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THE COURT:
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ATTY. BAIRD:
Then we
Yes.
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evidence.
THE COURT:
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evidence is to be suppressed.
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ATTY. BAIRD:
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THE COURT:
Is that correct?
Yes.
All right.
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Mullarkey?
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ATTY. BAIRD:
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THE COURT:
You indicated
Yes.
All right.
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by Judge Mullarkey?
ATTY. BAIRD:
Yes.
THE COURT:
ATTY. BAIRD:
Okay.
The witness was in the courtroom,
THE COURT:
This
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record?
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ATTY. BAIRD:
13
THE COURT:
Yes.
Okay.
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record.
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ATTY. BAIRD:
Right.
No.
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THE COURT:
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ATTY. BAIRD:
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THE COURT:
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the courtroom?
ATTY. BAIRD:
Yes.
No.
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ATTY. BAIRD:
Yes.
Actually, my legal
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available today.
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THE COURT:
All right.
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of the transcripts?
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transcript?
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ATTY. BAIRD:
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like that.
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THE COURT:
Yep.
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ATTY. BAIRD:
ATTY. HANS:
THE COURT:
Yes.
Yep, of
reading it.
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ATTY. BAIRD:
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at the transcript.
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THE COURT:
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ATTY. BAIRD:
Okay.
And so I probably named him as a
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THE COURT:
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ATTY. BAIRD:
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THE COURT:
All right.
But I dont recall that part.
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understand.
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ATTY. BAIRD:
THE COURT:
ATTY. BAIRD:
THE COURT:
Yes.
ATTY. BAIRD:
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THE COURT:
And I guess
All right.
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in his article?
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ATTY. BAIRD:
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THE COURT:
Yes, yes.
Well, I just didn't want the record
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ATTY. BAIRD:
at all.
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Thats fine.
So it would be your
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No, no.
THE COURT:
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No, no.
THE COURT:
ATTY. HANS:
this?
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THE COURT:
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ATTY. HANS:
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I think
It is.
If you look at State v. Edman, 281
Conn. 444.
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THE COURT:
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ATTY. HANS:
I did
It talks about considering all the
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neutral.
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He has no personal
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1
that.
attenuated.
THE COURT:
All right.
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he in the courthouse?
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ATTY. BAIRD:
He had to go to a short
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appointment in Newington.
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THE COURT:
Is
Okay.
So do you
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or --
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ATTY. BAIRD:
23
THE COURT:
I can, I believe.
Okay.
I appreciate that.
So why
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Ten minutes.
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(Recess at 2:44.
THE COURT:
everyone.
Attorney Baird, can you give me an idea of what
it is that you would intend to offer from Mr. Peruta?
ATTY. BAIRD:
THE COURT:
ATTY. BAIRD:
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Yes.
Thank you.
And his recall on that specific
All right.
substance?
13
ATTY. BAIRD:
14
THE COURT:
15
Resume at 3:00.)
Yes.
So pretty consistent with what your
motion says?
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ATTY. BAIRD:
17
THE COURT:
Yes.
All right.
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followed it?
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ATTY. BAIRD:
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ATTY. BAIRD:
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THE COURT:
All right.
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ATTY. BAIRD:
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derision.
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THE COURT:
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Because in
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intent?
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having said.
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And I will
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you claim were said, but also the inferences that you
27
156
1
that now.
(Pause)
ATTY. BAIRD:
THE COURT:
I do not.
All right.
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be ashamed.
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And with
Certainly during
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That motion to
first question.
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that statement.
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warrants validity?
18
ATTY. BAIRD:
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1
scriveners error.
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11
anybody.
So was the scriveners error -- we did have
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So
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In other words, if
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THE COURT:
All right.
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just did at the end there that the Court must look,
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So youre
But
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mistake.
ATTY. HANS:
the warrant.
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the warrant.
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risk warrant.
So I
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THE COURT:
Thank you.
24
All right.
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161
1
Ill note in
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requirement.
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Our court in
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1
requirement to 29-38c.
the Court.
So there's no statutory
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mean by that.
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that the judge was wrong and it was really 9:51 when
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before 10:51.
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But
163
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2
evidence.
There is no risk here that this warrant was not
day earlier.
But Judge
So thats one
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The Court
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ATTY. BAIRD:
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Trooper DeJesus.
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to wit colon.
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made.
He
Anyone looking at
165
1
a judge.
had not even seen the change and what had been done
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was notified.
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Sergeant
So not only do
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Because a
And
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On Page
167
1
is inexplicable.
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property.
THE COURT:
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well explained.
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instance?
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constitutionally based.
27
168
1
given a copy.
ATTY. BAIRD:
Do you
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home.
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requirements.
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This
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someone else.
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warrant.
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THE COURT:
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September 11th.
see that.
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warrant.
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I dont see
ATTY. BAIRD:
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172
1
risk warrant.
10
hearing the next day and our position is, that does
11
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are seized.
14
time frame for the return and thats why Mr. Taupier
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occurred.
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magazines.
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1
the firearms.
there.
THE COURT:
What
10
case law.
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ATTY. BAIRD:
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But when
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should be applied.
THE COURT:
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knew.
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ATTY. BAIRD:
So your
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1
hearing.
THE COURT:
For me
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here?
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ATTY. BAIRD:
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of the court.
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Court is asking --
So the
177
1
THE COURT:
ATTY. BAIRD:
by Attorney Schoenhorn --
THE COURT:
ATTY. BAIRD:
jurisdiction because --
10
All right.
THE COURT:
11
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ATTY. BAIRD:
14
THE COURT:
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the warrant.
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THE COURT:
20
aired.
21
execution?
All right.
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ATTY. BAIRD:
23
THE COURT:
Yes.
Okay.
But
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ATTY. BAIRD:
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1
THE COURT:
No.
ATTY. BAIRD:
THE COURT:
Right.
Because --
home.
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of that.
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ATTY. BAIRD:
No.
All right.
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179
1
claims.
ATTY. BAIRD:
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firearms.
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and --
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THE COURT:
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ATTY. BAIRD:
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THE COURT:
All right.
180
1
ATTY. BAIRD:
8
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THE COURT:
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narrow it.
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ATTY. BAIRD:
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THE COURT:
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ATTY. BAIRD:
24
THE COURT:
Okay.
To the extent that I feel that I
25
26
as well.
27
ATTY. BAIRD:
Then Im fine.
Thank you.
181
1
THE COURT:
Thank you.
Attorney Hans.
ATTY. MAURIELLO:
excused?
6
7
THE COURT:
Thank you.
Thank you.
ATTY. MAURIELLO:
THE COURT:
Thank you.
Thank you.
10
Attorney Hans.
11
ATTY. HANS:
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And I don't
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So I
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1
And I
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changed it.
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case.
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here.
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You look
183
1
risk.
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Mullarkey.
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He
25
requirements.
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184
1
counsel.
And I submit
10
11
warrant.
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process violation.
16
So there is no due
17
Amendment.
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185
1
safety of others.
Honor.
doing.
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So I
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186
1
weapons.
I think
I dont think
I could be
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of constitutional magnitude.
22
23
were seized.
24
This,
25
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187
1
those firearms.
THE COURT:
10
11
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13
ATTY. BAIRD:
clarification.
THE COURT:
other areas?
14
ATTY. BAIRD:
15
THE COURT:
16
ATTY. BAIRD:
Other areas.
Go ahead.
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So its our
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number one.
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189
1
THE COURT:
All right.
propose we do.
I also want to be in
10
11
12
ammunition seized.
13
14
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16
17
trial.
18
magistrate claim.
19
20
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22
with my ruling.
23
And after we
24
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190
1
So thats the
10
11
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13
now or never.
14
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23
find that.
24
ATTY. BAIRD:
25
26
27
I just
191
1
THE COURT:
ATTY. BAIRD:
Yes.
THE COURT:
ATTY. BAIRD:
6
7
Okay.
But so
were you asking then for the right to do, kind of,
10
11
12
13
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16
that --
17
ATTY. BAIRD:
Right.
18
THE COURT:
19
ATTY. BAIRD:
20
THE COURT:
21
ATTY. BAIRD:
Yeah.
I can't find --
22
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THE COURT:
25
26
27
trial and you pick the jurors and then one day you
192
1
10
a trial.
11
dont know how long youll take and then well start
12
13
Just
ATTY. BAIRD:
14
15
to request --
16
THE COURT:
17
ATTY. BAIRD:
18
Go ahead.
-- yes, no, obviously it doesnt
matter.
19
THE COURT:
20
ATTY. BAIRD:
21
22
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25
THE COURT:
26
27
193
1
ATTY. BAIRD:
I may be able
to be taken in priority.
THE COURT:
6
7
10
ATTY. HANS:
11
12
13
THE COURT:
14
ATTY. HANS:
15
THE COURT:
16
Thursday, okay.
Yep.
Can you wait; is that the first you
could get?
17
ATTY. HANS:
18
THE COURT:
19
ATTY. HANS:
20
THE COURT:
Yeah, yeah.
Is it really the first you can get?
Thats what they gave me, so.
Well, okay.
21
22
23
ATTY. BAIRD:
24
THE COURT:
I will.
If you tell me you can be taken
25
26
27
194
1
ATTY. BAIRD:
THE COURT:
Yes.
Okay.
All right.
Well, if we have
jury.
extent I can.
ATTY. HANS:
jury trial.
10
11
Connecticut.
12
13
14
THE COURT:
15
ATTY. HANS:
16
Oh, yeah.
But if we do go bench trial then I
17
THE COURT:
18
ATTY. HANS:
Fine.
-- because Im going to have to
19
marshal my evidence.
20
THE COURT:
21
22
of witnesses.
23
that.
24
Im confident of
Really
25
26
27
Yes.
195
1
ATTY. HANS:
There is
9
10
11
THE COURT:
12
13
14
THE COURT:
Thank you.
All right.
Maybe we
15
16
thank you.
17
18
19
20
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23
Recess or adjourn.
24
25
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27
So thats
So lets
Everybody have a
MMX-CR14-0675616T
STATE OF CONNECTICUT
STATE OF CONNECTICUT
SUPERIOR COURT
JUDICIAL DISTRICT OF
MIDDLESEX
V.
AT MIDDLETOWN,
CONNECTICUT
EDWARD F. TAUPIER
MARCH 9, 2015
C E R T I F I C A T I O N
_____________________________
Dana Wilson
Court Recording Monitor
197
INDEX
Witness
Page
Daniel DeJesus
Direct Examination by Attorney Hans ---------Cross-Examination by Attorney Baird ---------Redirect Examination by Attorney Hans -------Recross-Examination by Attorney Baird -------Redirect Examination by Attorney Hans --------
26
60
91
92
93
Raphael Medina
Direct Examination by Attorney Hans ---------- 95
Cross-Examination by Attorney Baird ---------- 105
Ralph Soda
Direct Examination by Attorney Hans ---------Cross-Examination by Attorney Baird ---------Redirect Examination by Attorney Hans -------Recross-Examination by Attorney Baird --------
114
118
119
120
Jennilee Fratellenico
Direct Examination by Attorney Baird --------- 123
Cross-Examination by Attorney Hans ----------- 125
Andrew Katrenya
Direct Examination by Attorney Baird --------- 129
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
MMX-CR14-0675616T
STATE OF CONNECTICUT
SUPERIOR COURT
JUDICIAL DISTRICT OF
MIDDLESEX
AT MIDDLETOWN,
CONNECTICUT
STATE OF CONNECTICUT
V.
EDWARD F. TAUPIER
A P P E A R A N C E S :
Representing the State:
ATTORNEY BRENDA HANS
Assistant States Attorney
One Court Street
Middletown, CT 06457
1
1
2
Good morning.
3
4
(Pause)
THE COURT:
All right.
10
11
12
13
record?
14
Attorney Baird?
15
ATTY. BAIRD:
16
17
18
THE COURT:
On September 11th?
19
ATTY. BAIRD:
20
THE COURT:
21
ATTORNEY BAIRD:
On September 11th?
On September 11th.
And I
22
23
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25
26
27
2
1
10
11
12
13
14
court.
15
THE COURT:
16
17
18
ATTY. BAIRD:
19
THE COURT:
Yes.
I don't know whether or not that was
20
effectuated.
21
22
proceeding.
23
ATTY. BAIRD:
Yes.
24
And on
25
26
27
occurred.
3
1
And
10
11
12
13
14
15
order.
16
Theres no
17
18
19
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23
24
25
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27
4
1
THE COURT:
dissolution.
10
here.
11
12
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said no.
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16
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21
frankly.
22
23
24
25
26
27
Frankly,
5
1
29-38c warrant.
police.
10
11
on August 28th.
12
13
14
mail at issue.
15
16
17
18
19
20
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24
25
out.
26
27
(Pause)
THE COURT:
If
6
1
ATTY. BAIRD:
THE COURT:
No.
No.
9
10
ATTY. BAIRD:
THE COURT:
Yeah.
11
12
13
(Pause)
ATTY. BAIRD:
14
THE COURT:
15
ATTY. BAIRD:
16
17
18
19
Im sorry.
As you argued?
Bond, okay.
Yep.
ATTY. BAIRD:
20
21
22
23
THE COURT:
All right.
24
ATTY. BAIRD:
25
THE COURT:
No.
I guess youre referring to -- that
26
27
on the 2nd?
7
1
ATTY. BAIRD:
THE COURT:
Right.
All right.
transcript exists.
ATTY. HANS:
8
9
THE COURT:
point.
Yeah.
No.
10
11
but.
12
ATTY. BAIRD:
13
14
15
16
17
18
19
THE COURT:
Well, yes.
Whether something is
20
21
bond.
22
23
24
25
your house.
26
27
So
8
1
that, but the fact that in this case I don't have any
for the first time that the fact that there was a
10
11
12
13
14
15
16
17
42 high-capacity magazines.
18
So thats my response.
19
20
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24
ATTY. BAIRD:
25
26
27
THE COURT:
9
1
client --
ATTY. BAIRD:
THE COURT:
Yes.
-- such that -- to the extent that
10
rule?
11
ATTY. BAIRD:
Exactly.
12
13
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16
17
18
THE COURT:
If he would
So youre
19
20
21
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24
9/11?
25
ATTY. BAIRD:
26
THE COURT:
27
Yes.
And therefore, not being at least so
10
1
office to another?
ATTY. BAIRD:
THE COURT:
All right.
Im going to
7
8
9
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14
of in chambers discussion.
15
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No
19
The State
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And the
And
In
11
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8
9
So I don't
If this is couched
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So theres no Franks v.
THE COURT:
All right.
Thank you.
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ATTY. HANS:
Theres also
Honor.
THE COURT:
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Im to understand?
ATTY. BAIRD:
THE COURT:
Is that what
Yes.
Okay.
All right.
Then that
10
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Attorney Baird.
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ATTY. BAIRD:
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warrant.
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also detached.
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issue.
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but not paid for warrants that he did not sign, was
In Connally v.
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And
I mean, Connally,
This is
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same issues.
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individuals.
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public discussion.
and they are what they are, and they are what this
mean.
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And
Was
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magistrate.
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of bias.
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THE COURT:
Thank you.
15
Attorney Hans.
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ATTY. HANS:
17
problem here.
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THE COURT:
It wasnt
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in 2013.
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ATTY. HANS:
Okay.
Im not going to -- Im
Im accepting the
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Your Honor.
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and oranges.
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A case that
A risk
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THE COURT:
25
ATTY. HANS:
26
85 and 86.
27
19
1
case.
He
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neutral magistrate.
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It was signed by a
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THE COURT:
All right.
16
All right.
17
Thank you.
18
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And Im still
25
ATTY. BAIRD:
No.
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THE COURT:
27
No.
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1
different issue.
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from Satula?
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ATTY. BAIRD:
15
THE COURT:
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ATTY. BAIRD:
17
19th.
No, Satula.
Oh, September 2nd, right?
Yeah,
September 2nd.
18
THE COURT:
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ATTY. BAIRD:
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ATTY. HANS:
Yep.
21
THE COURT:
Okay.
Yeah.
22
guns taken from Mr. Taupier, the guns taken from Mr.
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allegations.
ATTY. HANS:
9
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admissibility of it of both?
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ATTY. HANS:
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THE COURT:
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THE MARSHAL:
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THE COURT:
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nature?
27
admissible, rather?
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ATTY. HANS:
a firearm.
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evidence.
10
So I think
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court order.
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case.
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He defied a family
So he
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the recipients didnt even know him very well and was
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THE COURT:
All right.
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ATTY. HANS:
15
proof.
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adversarial rulings.
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into evidence.
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subset of that.
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Its part
They were
All right.
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allegations?
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ATTY. HANS:
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THE COURT:
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ATTY. HANS:
I believe so.
positive --
11
THE COURT:
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ATTY. HANS:
13
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firearms.
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THE COURT:
All right.
And so because -- Im
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ATTY. HANS:
I believed it
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THE COURT:
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ATTY. HANS:
Okay.
In the backdrop of the detailed
26
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his wife.
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1
THE COURT:
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9
ATTY. HANS:
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11
reference to his --
12
THE COURT:
But I
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video.
18
offering?
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ATTY. HANS:
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THE COURT:
It would be a
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ATTY. HANS:
27
THE COURT:
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1
a voyeurism case.
ATTY. HANS:
a limiting instruction.
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I mean, you
And that is of
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threat.
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ATTY. HANS:
11
THE COURT:
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ATTY. HANS:
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THE COURT:
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the crime.
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conduct.
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here?
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THE COURT:
And, in fact, it
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ATTY. BAIRD:
Right.
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1
THE COURT:
4
5
ATTY. BAIRD:
THE COURT:
Fine.
Okay.
ATTY. BAIRD:
10
THE COURT:
11
ATTY. BAIRD:
Yes.
Okay.
Going back again to the risk
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him.
18
at that time.
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I am -- well, that
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1
So theres
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case.
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THE COURT:
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embark on this.
25
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Footnote 11.
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1
was that, and I'm quoting from Footnote 11, the State
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18
months earlier.
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particular threat.
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firearm.
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11
ATTY. BAIRD:
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THE COURT:
Yeah.
words.
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ATTY. BAIRD:
18
THE COURT:
Right.
So, I mean, the finder of fact in
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true threat.
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out.
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2
Footnote 11.
ATTY. BAIRD:
8
9
THE COURT:
10
beyond that.
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ATTY. BAIRD:
16
THE COURT:
Yes.
I don't know whether or not theres
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ATTY. HANS:
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1
featherweight.
4
5
THE COURT:
if I allow it.
ATTY. HANS:
THE COURT:
ATTY. HANS:
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THE COURT:
14
ATTY. HANS:
15
16
have a gun and you can load it you can probably shoot
17
it.
18
THE COURT:
19
20
its your claim that anybody with the gun can shoot
21
22
23
particular skills?
24
ATTY. HANS:
If
25
He says that he
26
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1
THE COURT:
ATTY. HANS:
THE COURT:
8
9
10
Ive
read it.
ATTY. HANS:
THE COURT:
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15
mechanism?
16
ATTY. HANS:
17
18
e-mail --
19
20
THE COURT:
21
ATTY. HANS:
22
high-caliber weapons.
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1
have.
THE COURT:
All right.
with weapons?
ATTY. HANS:
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THE COURT:
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ATTY. HANS:
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THE COURT:
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THE COURT:
Okay.
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ATTY. HANS:
specifically detailed.
THE COURT:
Okay.
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ATTY. BAIRD:
I do, though,
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THE COURT:
Im sorry.
ATTY. BAIRD:
In other words, if
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THE COURT:
Right.
15
ATTY. BAIRD:
16
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a car.
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everybody.
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not a threat?
25
THE COURT:
No.
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41
1
ATTY. BAIRD:
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THE COURT:
13
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evidentiary insufficiency?
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ATTY. BAIRD:
Yeah.
I agree.
I dont disagree,
22
23
fantasy.
24
ATTY. BAIRD:
25
applies to.
26
27
42
1
THE COURT:
I understand.
ATTY. BAIRD:
that.
THE COURT:
ATTY. BAIRD:
Agreed.
Not a real threat.
Not a true
threat.
10
about.
11
12
13
guess.
14
people, I guess.
15
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THE COURT:
All right.
I understand your
18
relevance claim.
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ATTY. BAIRD:
24
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THE COURT:
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ATTY. BAIRD:
I mean, yeah.
one?
THE COURT:
No.
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if you wish.
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ATTY. BAIRD:
17
ATTY. BAIRD:
18
THE COURT:
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ATTY. BAIRD:
20
THE COURT:
Yes.
21
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prejudice?
23
ATTY. BAIRD:
24
THE COURT:
Yes.
All right.
25
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44
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ATTY. BAIRD:
Right.
THE COURT:
10
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that you may feel that given the rights that citizens
13
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to possess guns.
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bit.
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ATTY. BAIRD:
21
THE COURT:
I know
Yes.
Then Ill hear you on the
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reaction is relevant.
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ATTY. BAIRD:
Taupier.
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improper.
Now, Mr.
46
1
is creepy.
THE COURT:
ATTY. HANS:
THE COURT:
Excuse me.
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ATTY. HANS:
13
THE COURT:
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distinction nonetheless.
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ATTY. BAIRD:
That
But
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It would open
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THE COURT:
All right.
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ATTY. BAIRD:
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testify.
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THE COURT:
All right.
Thank you.
So the
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ATTY. HANS:
THE COURT:
finished?
ATTY. BAIRD:
THE COURT:
everything.
Yes.
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(Pause)
THE COURT:
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District Court.
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There was no
He was
49
1
throughout.
ruling on it.
MR. PERUTA:
the issue.
10
11
Service.
12
THE COURT:
13
MR. PERUTA:
14
Rachel Baird.
15
THE COURT:
16
MR. PERUTA:
Okay.
It is America News that is making
17
the request.
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I am a member of the
I have
I just
50
1
hearings and then they never come back and report the
10
11
I happen
12
13
Information Services?
14
MR. PERUTA:
It is my company.
Its
15
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the main stream brick and mortar media, and then sold
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information.
27
THE COURT:
It
51
1
case.
MR. PERUTA:
THE COURT:
Yes, I am.
Well, that to me undermines your
MR. PERUTA:
Attorney Baird.
THE COURT:
MR. PERUTA:
10
THE COURT:
It is my company.
Well, I dont think you can so
11
12
attempting to.
13
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least in my --
24
MR. PERUTA:
Which at
25
All of my
26
Ive had
27
52
1
media.
Services.
10
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THE COURT:
14
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case.
17
MR. PERUTA:
18
THE COURT:
Thats correct.
At some point during our preliminary
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Hans.
53
1
counsel table.
it to me.
10
forward.
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MR. PERUTA:
21
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25
THE COURT:
Okay.
I was
26
27
54
1
MR. PERUTA:
THE COURT:
Absolutely, no question.
Okay.
MR. PERUTA:
THE COURT:
Yes
-- that is going to record these
proceedings.
MR. PERUTA:
THE COURT:
Right.
I'm --
10
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17
MR. PERUTA:
18
THE COURT:
19
MR. PERUTA:
20
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23
I believe both.
Well, you don't know?
The rules are very ambiguous.
Let
me -THE COURT:
don't know?
MR. PERUTA:
24
25
26
27
55
1
THE COURT:
MR. PERUTA:
But
So youre individualizing --
10
THE COURT:
11
12
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MR. PERUTA:
Yes.
17
THE COURT:
18
MR. PERUTA:
19
THE COURT:
20
MR. PERUTA:
21
THE COURT:
22
MR. PERUTA:
No.
23
THE COURT:
Okay.
Is it a Connecticut corporation?
Yes.
Who else is listed?
My wife.
Anyone else?
24
25
26
27
56
1
representative?
MR. PERUTA:
THE COURT:
MR. PERUTA:
8
9
10
Yes.
All right.
Well --
No.
MR. PERUTA:
Thats fine.
11
12
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17
18
19
20
21
fact, be broadcast.
22
THE COURT:
Now,
23
24
video.
25
26
27
57
1
attorney's investigator.
defendant.
6
7
MR. PERUTA:
THE COURT:
MR. PERUTA:
Go ahead.
It may not -- it may surprise the
10
11
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13
THE COURT:
I financially
14
15
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20
21
representative.
22
23
MR. PERUTA:
But it demonstrates to me
24
25
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27
The
58
1
Im a
I applied, I was
Im
10
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be me.
13
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19
Department.
20
THE COURT:
21
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MR. PERUTA:
10
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THE COURT:
17
18
turned out.
19
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21
understanding.
22
MR. PERUTA:
23
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25
THE COURT:
26
27
the time that you applied that you also had another
60
1
8
9
MR. PERUTA:
So --
10
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17
to be me.
18
THE COURT:
19
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The issue is
And I am
61
1
denied.
MR. PERUTA:
Okay.
If I could have a
10
THE COURT:
11
MR. PERUTA:
12
THE COURT:
13
MR. PERUTA:
14
15
No.
16
17
18
MR. PERUTA:
Okay.
19
THE COURT:
20
MR. PERUTA:
21
THE COURT:
22
23
24
25
26
27
All right.
Thank you, very much for your time.
Youre welcome, Mr. Peruta.
And
62
1
2
3
me to consider?
ATTY. HANS:
I received from a
availability.
10
Attorney Baird.
11
12
13
14
son is there.
15
16
17
delays.
18
He is a California
THE COURT:
19
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25
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27
63
1
Connecticut period.
teleconferencing in California.
10
11
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15
ATTY. HANS:
Im not certain
16
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18
left elbow.
19
20
I fractured my
THE COURT:
21
22
23
ATTY. HANS:
Im
Im just
24
25
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1
THE COURT:
hurt.
these things.
10
11
ATTY. HANS:
12
13
type.
14
THE COURT:
No.
15
16
17
ATTY. HANS:
18
THE COURT:
19
20
going to do.
21
22
23
back.
24
25
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27
65
1
calculus.
the claims.
10
ATTY. HANS:
11
12
13
THE COURT:
Okay.
Ive
14
15
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17
18
19
20
21
22
23
witness available.
24
and then Ill ask Attorney Baird what her views are.
25
ATTY. HANS:
If
But I have to
26
27
66
1
2
Yes.
Right.
I, frankly,
But,
But
10
11
12
So if youre --
13
ATTY. HANS:
14
THE COURT:
15
16
17
18
Friday.
Okay.
19
20
21
ATTY. HANS:
22
THE COURT:
23
24
Well, heres
25
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27
67
1
This can
hotly so.
So Im
10
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21
ATTY. BAIRD:
THE COURT:
23
ATTY. BAIRD:
25
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27
break.
22
24
Okay.
All right.
No.
68
1
THE COURT:
theyre delayed.
10
11
12
13
14
15
16
17
18
If
19
situation?
20
21
feels, but.
22
ATTY. BAIRD:
23
24
25
26
matters.
27
THE COURT:
Okay.
69
1
ATTY. BAIRD:
prosecutors office.
THE COURT:
minute.
Certainly
10
11
12
13
14
15
16
17
Were
18
Ill issue
19
20
21
22
they get to you they get to you and that way we dont
23
24
25
from there.
26
27
dont recall.
My
Is
I
70
1
ATTY. BAIRD:
THE COURT:
ripe claim.
10
11
And
12
THE COURT:
13
second, please.
14
15
But
Thanks everybody.
(Pause)
THE COURT:
16
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23
24
judicial authorization.
25
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27
71
1
technical sense.
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26
behavior.
27
72
1
turn to this case and the issues that have been the
10
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19
20
Im going to cover
21
22
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73
1
under 29-38c.
10
action or proceeding.
11
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14
burden.
15
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18
19
20
evidence seized.
21
I commented, I believe
22
23
24
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27
74
1
apply.
10
11
case.
12
13
the deficiencies.
14
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25
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27
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1
correct.
the warrant page and seen that the name that had
Taupier.
8
9
10
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12
13
14
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16
warrant on Page 1.
17
18
maybe one could say that, well, they dont sign that
19
20
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22
23
24
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26
information.
27
The police
So
76
1
10
11
warrants.
12
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14
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19
20
She should
21
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27
The
77
1
According to the
10
24 hours.
11
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have happened.
21
22
make a determination.
23
24
25
time.
26
27
Thats
78
1
10
11
But
12
13
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15
thereafter.
16
17
18
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20
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25
person.
26
27
That
79
1
Katrenya, K-A-T-R-E-N-Y-A.
Medinas attention.
It is that
10
11
12
13
date of birth.
14
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18
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21
police.
22
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27
warrant page.
And
80
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10
made.
11
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17
alteration.
18
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made.
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I do not
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The statute
So
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that.
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And
And as I say,
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criticism.
suppression is appropriate.
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subject.
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And I find
Based on the
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birth as well.
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validity.
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a cocaine case.
The
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page.
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So
They also
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of the evidence.
What
What I
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firearms.
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closed quote.
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So that paragraph is
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So
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the residence.
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registered to.
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inserted instead.
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made.
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Because I think
authorized to seize.
And
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firearms.
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And there
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The
So the police
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Im not minimizing
But I
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it.
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So this warrant,
And what
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of this.
But the
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When the
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was valid with the mistake and that the police were
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They shouldnt
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And I don't
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evidence either.
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August 29th.
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And I
Those shortcomings
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exclusionary rule.
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Amendment violation.
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exclusionary rule.
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A case of State
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the case.
Mancinone
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Fourth Amendment.
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I cited that
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To me
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days earlier.
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The fact
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Connecticut decisions.
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case, G-R-O-H.
27
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exclusionary rule.
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acts.
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at that hearing.
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This
So the defendant
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reading.
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And
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magistrate.
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types of evidence.
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technically introduced.
not neutral.
11th, 2013.
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Peterson case.
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answers, It depends.
Attorney Baird
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Mickey Sherman.
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initial comment.
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I said if he is an expert, I am
So in those comments I
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about guns.
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case.
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a possible expert.
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said.
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you.
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ownership.
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selections.
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Second Amendment.
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has not.
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Mullarkey.
27
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1
the record.
Thats not in
10
12th.
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evidence.
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vacation in Wyoming.
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problem.
Apparently on
Attorney Baird
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1
detective.
there.
And
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the trial.
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of contacts in Wyoming.
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He, frankly to
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warrant.
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Second Amendment.
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It may
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Baird.
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Now,
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Baird.
And,
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case.
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Baird's case.
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Judge Mullarkey
There
So
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statement.
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It seems to me to be
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8
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Our
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generally.
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He had done
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this case.
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1
cause.
magistrate.
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motion to suppress.
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Ive stated.
15
That, in my opinion,
And that brings us, and thank you all for your
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alleged voyeurism.
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I also
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threat out.
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conclude my decision.
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Ive
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in its entirety.
of Footnote 11.
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Kepple.
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Even if I were
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sufficiently relevant.
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It
So that is excluded.
If
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So pursuant
therefore be relevant.
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more probative.
So
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probative.
27
But, frankly,
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defendant.
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testify to them.
13
The
So a witness can
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firearms.
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So Ill let a
113
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rounds.
well.
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says.
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mail.
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that.
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1
mail.
If
10
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permitted as well.
14
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Satula's possession.
18
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in.
21
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entirety.
27
So
115
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prejudice.
8
9
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any more than the guns taken from Mr. Taupier on the
14
29th are.
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to that point.
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All right.
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116
1
THE COURT:
this.
10
what I saw.
11
State do.
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Even
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that.
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But as far as
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I think the jury will know that the defendant has all
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Do I
So thats why I
answer is nothing.
ATTY. BAIRD:
nothing.
THE COURT:
All right.
118
1
ATTY. HANS:
ruling.
8
9
THE COURT:
10
ATTY. HANS:
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THE COURT:
What is
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ATTY. HANS:
17
THE COURT:
18
The problem Your Honor, is -Im just asking that, is there some
19
ATTY. HANS:
20
21
threat.
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24
THE COURT:
25
ATTY. HANS:
26
THE COURT:
27
shot?
Yes, sir.
Were they capable of firing the
119
1
ATTY. HANS:
THE COURT:
ATTY. HANS:
Okay.
State has.
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THE COURT:
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120
1
isnt.
ATTY. HANS:
THE COURT:
ATTY. HANS:
10
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going to be called.
13
THE COURT:
14
15
ATTY. BAIRD:
16
during lunch and Ill have one by the end of the day,
17
Your Honor.
18
THE COURT:
19
ATTY. BAIRD:
20
21
Okay.
What time is it?
Yeah, I should
have one.
THE COURT:
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suppress.
27
121
1
If a decision
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Yes?
19
ATTY. HANS:
Obviously, he
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presentation of evidence.
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THE COURT:
25
ATTY. HANS:
So
Okay.
And the only -- the thing that she
26
27
122
1
purpose, to show --
3
4
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THE COURT:
a screen shot?
ATTY. HANS:
10
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Okay.
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ATTY. HANS:
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THE COURT:
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ATTY. HANS:
16
THE COURT:
17
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official?
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ATTY. HANS:
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THE COURT:
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ATTY. BAIRD:
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THE COURT:
25
foundation as to what?
26
ATTY. BAIRD:
27
123
1
THE COURT:
ATTY. BAIRD:
Well, I understand --
so I have no idea.
THE COURT:
ATTY. BAIRD:
9
10
11
what Judge Bozzuto saw, when she saw it, who showed
it to her.
THE COURT:
All right.
12
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limine.
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defendant.
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the jury.
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124
1
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11
Okay.
And
Anything else I
12
ATTY. HANS:
13
THE COURT:
14
ATTY. BAIRD:
15
THE COURT:
Defense?
Nothing?
Thank you.
So tomorrow we
16
17
business tomorrow.
18
19
ATTY. BAIRD:
20
THE COURT:
21
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Yes.
25
THE DEFENDANT:
26
THE COURT:
27
Two.
Two oclock.
125
1
trial.
Okay.
So Ill see.
10
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balance.
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Have a
Thank you.
MMX-CR14-0675616T
STATE OF CONNECTICUT
STATE OF CONNECTICUT
SUPERIOR COURT
JUDICIAL DISTRICT OF
MIDDLESEX
V.
AT MIDDLETOWN,
CONNECTICUT
EDWARD F. TAUPIER
C E R T I F I C A T I O N
_____________________________
Dana Wilson
Court Recording Monitor
EXHIBIT C
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Tel: 860.626.9991
Fax: 860.626.9992
Site: www.rachelbairdlaw.com
Email: info@rachelbairdlaw.com
March 4, 2015
Colonel Brian F. Meraviglia
Deputy Commissioner, Connecticut State Police
Department of Emergency Services and Public Protection
1111 Country Club Rd
Middletown, CT 06057
Email: brian.meraviglia@ct.gov
Re:
See for example, General Statutes 53a-155, Tampering with or fabricating physical evidence: (a) A person is
guilty of tampering with or fabricating physical evidence if, believing that an official proceeding is pending, or
about to be instituted, he: (1) Alters, destroys, conceals or removes any record, document or thing with purpose to
impair its verity or availability in such proceeding; or (2) makes, presents or uses any record, document or thing
knowing it to be false and with purpose to mislead a public servant who is or may be engaged in such official
proceeding. (b) Tampering with or fabricating physical evidence is a class D felony.
EXHIBIT D
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Mark Miele
Inspector
Judicial District of Middlesex
One Court Street
Middletown, CT 06457
860-343-6425-work
860-343-6427-fax
mark.miele@ct.gov
EXHIBIT E
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1/18/2016
SDSDDistrictVersion1.3
CLOSED,EFILE
U.S.DistrictCourt
UnitedStatesDistrictCourtfortheDistrictofConnecticut(NewHaven)
CIVILDOCKETFORCASE#:3:15cv00319AWT
Taupierv.Katrenyaetal
Assignedto:JudgeAlvinW.Thompson
Cause:42:1983CivilRightsAct
DateFiled:03/04/2015
DateTerminated:07/08/2015
JuryDemand:Plaintiff
NatureofSuit:440CivilRights:Other
Jurisdiction:FederalQuestion
Plaintiff
EdwardTaupier
representedby JohnJ.Radshaw,III
900ChapelStreet
Suite620
NewHaven,CT06510
203.654.9695
Fax:203.721.6182
Email:jjr@jjresq.com
LEADATTORNEY
ATTORNEYTOBENOTICED
V.
Defendant
AndrewKatrenya
representedby StephenRichardSarnoski
OfficeoftheAttorneyGeneral
PublicSafety&SpecialRevenue
MacKenzieHall,110ShermanStreet
Hartford,CT06105
8608085450
Fax:8608085591
Email:stephen.sarnoski@ct.gov
LEADATTORNEY
ATTORNEYTOBENOTICED
Defendant
DanielDeJesus
representedby StephenRichardSarnoski
(Seeaboveforaddress)
ATTORNEYTOBENOTICED
Defendant
VictoriaMelchiorre
https://ecf.ctd.uscourts.gov/cgibin/DktRpt.pl?864438484006462L_1_01
representedby StephenRichardSarnoski
(Seeaboveforaddress)
ATTORNEYTOBENOTICED
1/4
1/18/2016
SDSDDistrictVersion1.3
DateFiled
DocketText
03/04/2015
1 COMPLAINTagainstAllDefendants(Filingfee$400receiptnumber0205
3528046.),filedbyEdwardTaupier.(Radshaw,John)(Entered:03/04/2015)
03/04/2015
RequestforClerktoissuesummonsastoAllDefendants.(Radshaw,John)
(Entered:03/04/2015)
03/04/2015
JudgeAlvinW.Thompsonadded.(Oliver,T.)(Entered:03/04/2015)
03/04/2015
2 OrderonPretrialDeadlines:MotionstoDismissdueon6/4/15.Amended
Pleadingsdueby5/3/2015.Discoverydueby9/3/2015.DispositiveMotionsdueby
10/3/2015.
SignedbyClerkon3/4/15.(Ferguson,L.)(Entered:03/05/2015)
03/04/2015
3 ELECTRONICFILINGORDERPLEASEENSURECOMPLIANCEWITH
COURTESYCOPYREQUIREMENTSINTHISORDER.
SignedbyJudgeAlvinW.Thompsonon3/4/15.(Ferguson,L.)(Entered:
03/05/2015)
03/04/2015
4 STANDINGPROTECTIVEORDER.
SignedbyJudgeAlvinW.Thompsonon3/4/15.(Ferguson,L.)(Entered:
03/05/2015)
03/05/2015
5 NOTICETOCOUNSEL:Counselinitiatingorremovingthisactionisresponsible
forservingallpartieswithattacheddocumentsandcopiesof2OrderonPretrial
Deadlines,4StandingProtectiveOrder,1ComplaintfiledbyEdwardTaupier,3
ElectronicFilingOrder
SignedbyClerkon3/5/15.(Ferguson,L.)(Entered:03/05/2015)
03/05/2015
6 ELECTRONICSUMMONSISSUEDinaccordancewithFed.R.Civ.P.4andLR
4asto*DanielDeJesus,AndrewKatrenya,VictoriaMelchiorre*withanswerto
complaintduewithin*21*days.Attorney*JohnJ.Radshaw,III**900Chapel
Street**Suite620**NewHaven,CT06510*.(Ferguson,L.)(Entered:
03/05/2015)
03/24/2015
7 SUMMONSReturnedExecutedbyEdwardTaupier.VictoriaMelchiorreservedon
3/13/2015,answerdue4/3/2015.(Radshaw,John)(Entered:03/24/2015)
03/24/2015
8 SUMMONSReturnedExecutedbyEdwardTaupier.AndrewKatrenyaservedon
3/6/2015,answerdue3/27/2015.(Radshaw,John)(Entered:03/24/2015)
03/24/2015
9 SUMMONSReturnedExecutedbyEdwardTaupier.DanielDeJesusservedon
3/6/2015,answerdue3/27/2015.(Radshaw,John)(Entered:03/24/2015)
03/31/2015
10 NOTICEofAppearancebyStephenRichardSarnoskionbehalfofDanielDeJesus,
AndrewKatrenya,VictoriaMelchiorre(Sarnoski,Stephen)(Entered:03/31/2015)
04/17/2015
11 MOTIONforSecurityforCostsbyDanielDeJesus,AndrewKatrenya,Victoria
Melchiorre.(Sarnoski,Stephen)(Entered:04/17/2015)
04/24/2015
12 MOTIONtoDismissbyDanielDeJesus,AndrewKatrenya,Victoria
Melchiorre.Responsesdueby5/15/2015(Sarnoski,Stephen)(Entered:04/24/2015)
04/24/2015
13 MemoranduminSupportre12MOTIONtoDismissfiledbyDanielDeJesus,
https://ecf.ctd.uscourts.gov/cgibin/DktRpt.pl?864438484006462L_1_01
2/4
1/18/2016
SDSDDistrictVersion1.3
AndrewKatrenya,VictoriaMelchiorre.(Attachments:#1ExhibitExhibitAState
CourtCaseDetail,#2ExhibitExhibitBPart2Transcriptof03092014,#3
ExhibitExhibitBPart2Transcriptof03092014,#4ExhibitExhibitBPart3
Transcriptof03092014,#5ExhibitExhibitB1SE1RiskWarrant,#6
ExhibitExhibitB2SE2SearchWarrant,#7ExhibitExhibitB3SE3Police
Report,#8ExhibitExhibitCPart1Transcriptof03102014,#9Exhibit
ExhibitCPart2Transcriptof03102014,#10ExhibitExhibitCPart3
Transcriptof03102014)(Sarnoski,Stephen)(Entered:04/24/2015)
04/29/2015
14 MOTIONtoTakeDepositionfromEdwardTaupierbyDanielDeJesus,Andrew
Katrenya,VictoriaMelchiorre.(Sarnoski,Stephen)(Entered:04/29/2015)
05/01/2015
15 ORDER:MotionforPermissiontoDeposePrisoner(Doc.No.14)ishereby
GRANTED.Itissoordered.SignedbyJudgeAlvinW.Thompsonon5/1/2015.
(Wang,M.)(Entered:05/01/2015)
05/19/2015
16 ORDERgranting11MotionforSecurityforCosts.Thedefendant(s)havingmade
applicationtotheClerkofCourtforanorderrequiringtheplaintiff(s)todepositor
fileabondwithsufficientsuretyinthesumof$500.00pursuanttoLocalRule
83.3(a)oftheRulesofCivilProcedurefortheUnitedStatesDistrictof
Connecticut,itisORDEREDthattheplaintiff(s)hereinfileabondassecurityfor
costsinthisactionwithinthirty(30)daysfromthisdate.SignedbyClerkon
5/19/15.(Ferguson,L.)(Entered:05/19/2015)
06/17/2015
17 JointREPORTofRule26(f)PlanningMeeting.(Radshaw,John)(Entered:
06/17/2015)
06/29/2015
18 ORDER:MotiontoDismiss(Doc.No.12)isherebyGRANTED.TheClerkshall
closethiscase.Itissoordered.SignedbyJudgeAlvinW.Thompsonon6/29/2015.
(Wang,M.)(Entered:06/29/2015)
07/08/2015
19 JUDGMENTenteredinfavorofAndrewKatrenya,DanielDeJesus,Victoria
MelchiorreagainstEdwardTaupier,andthecourtdeclinedtoexercise
supplementaljurisdictionovertheremainingstatelawclaims.
ForAppealFormspleasegotothefollowingwebsite:
http://www.ctd.uscourts.gov/forms/allforms/appeals_forms
SignedbyClerkon7/8/2015.(Smith,S.)(Entered:07/08/2015)
07/08/2015
JUDICIALPROCEEDINGSSURVEY:Thefollowinglinktotheconfidential
surveyrequiresyoutologintoCM/ECFforSECURITYpurposes.Oncein
CM/ECFyouwillbepromptedforthecasenumber.Althoughyouarereceiving
thissurveythroughCM/ECF,itishostedonanindependentwebsitecalled
SurveyMonkey.OnceinSurveyMonkey,thesurveyislocatedinasecureaccount.
Thesurveyisnotdocketedanditisnotsentdirectlytothejudge.Toensure
anonymity,completedsurveysareheldupto90daysbeforetheyaresenttothe
judgeforreview.Wehopeyouwilltakethisopportunitytoparticipate,pleaseclick
onthislink:
https://ecf.ctd.uscourts.gov/cgibin/Dispatch.pl?survey
(Smith,S.)(Entered:07/08/2015)
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4/4
See
550 U.S. 544, 555 (2007), citing Papasan v. Allain, 478 U.S.
Id. at 570.
The issue
727 F. Supp. 784, 786 (D. Conn. 1990) (citing Scheuer, 416 U.S.
at 232).
In its review of a motion to dismiss for failure to state a
claim, the court may consider only the facts alleged in the
2
The plaintiff
The plaintiff
alleges the search and seizure of his home and his firearms was
unlawful.
his rights under the Fourth Amendment and his rights under the
Fourteenth Amendment.
First, the
See
Global Network Commcns, Inc. v. City of New York, 458 F.3d 150,
157 (2d Cir. 2006) (A court may take judicial notice of a
document filed in another court not for the truth of the matters
4
Second, it is
Hanel
v. Town Court for Town of Springfield, 56 F.3d 391, 393 (2d Cir.
1995).
See id. at
Therefore, all
383 U.S. 715, 715-26 (1966) (holding that where all federal
claims have been dismissed before trial, pendent state claims
__________/s/ __________
Alvin W. Thompson
United States District Judge