P. 1
Candido Report

Candido Report

|Views: 6,029|Likes:
Published by Helen Bennett

More info:

Published by: Helen Bennett on May 31, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

08/12/2014

pdf

text

original

REPORT OF INVESTIGATION

Allegation: Violation of Judicial Branch Policy: I. Sexual Harassment in the Workplace, Policy 607 Violations I. Judicial 2. Judicial 3. Judicial of Judicial Marshal Policies (No 200-3 §§): Marshal Policy 3, F, (1), On Duty Conduct; Marshal Policy 3, A, (3), Ethics; Marshal Policy 3, A, (5), Ethics.

Re:
By: Date of Complaint:

Anthony Candido, Chief Judicial Marshal (CJM)

December 1,2011

LOCATION:

Waterbury Superior Court, 400 Grand Street, Waterbury, CT.

SUMMARYOFCOMWLAmT
of Children and Family Services and is assigned to She alleges CJM Candido sexually harassed her on November 23,2011 while she was at the Waterbury Superior Court to assist her client in a legal matter.

SUMMARY OF INTERVIEWS

On November 23,2011, states a client of hers was transported to Waterbury S the Judicial Branch's Central Transportation Unit for a hearing. J also said the client's mother, later identified by this investigator as and a member ofthe client would also be at Court to meet her. (During this investigation, refers to her client and his family collectively as her "clients".) arrived at the Courthouse at approximately noon. Her client was area while she entered the Courthouse through the main entrance. said it was her belief that her client was scheduled to appear in Courtroom 2B. After clearing through the metal detector area, she went to the information desk to ask the location of that courtroom. As she was getting information on the Iocationr' she was approached by an individual who introduced himself as the Chief Judicial Marshal. This individual, who was later identified as Anthony Candido,

offender" status and will not be identified in this report . ••• does not recall who she was speaking with at the information desk. It was later determined that no one was assigned to the information desk on November 23, 2011.

then offered to show her to the location of the courtroom. Prior to this, had never met ClM Candido. ClM Candido directed her to the elevator and entered the elevator with her to go to the second floor. As they were on the elevator he told her that he did not believe she had the location correct because that Court was in recess, but that he would take her there regardless. When she got to the courtroom, she could see that the courtroom was empty. She took a seat in the Court and ClM Candido followed her in and offered to help her locate the courtroom where the hearing would be held. ClM Candido sug~ go up to the Public Defender's office to see if the attorney for ~ client was there. ClM Candido then directed her back to the elevator and accompanied her to this area. Both then spoke with Rose Montessi, Public Defender and learned that the case was going to be heard in another courtroom. told ClM Candido that she was also looking for her client's family to let them know the status of the case. She said ClM Candido then offered to "make some calls" from his office to help her find out where her client's family was. Both then got back into the elevator and started down to his basement office. As they were doing this, states ClM Candido asked her, "So, what part of Puerto Rico are you from?" When she told him that she was not Puerto Rica~ that, "You're shitting me ... excuse my language, what nationality are you?" __ _ said she "hesitantly" asked him why he wanted to know and he "C'mon ... What are you?" When she told him she was he responded that he was an Italian American and held ~ndshake. He also asked her _ states that ClM Candido continued this r",nvF'r",lTT,m ~e not married, no ring ... Do you only ____ And, "Wow, you have beautiful eyes, I really love eyes, you can tell a lot about a person from their eyes." When they arrived in his office, said ClM Candido offered her a cold drink and a jolly rancher candy as he made one phone call to an unknown individual ~ the whereabouts of her client's family, After hanging up the phone,. __ said ClM Candido began to make comments such as, "I feel like we have a connection, I can just tell. .. Do you have a minute, I want to show you something I think you will be interested in since you are _." She said he then began to tell her about the volunteer work he did in the community, such as working with children with cancer or the families of child cancer victims who died. When she indicated that she did not have much time and that she should be looking for her client's family, she said he responded, "It will only take a minute." Within a few minutes of this interaction, said an unidentified ~ed ClM Candido's office, unannounced. Upon seeing this individual, ____ stated CJM Candido got up from his chair and gave this individual a "tight hug" at the same time asking her, "H~ court?," to which this individual replied, "1 have to come back." said ClM Candido told

1

j

!
f

I

2

her, "See, they all love me, I help everyone," and then stated to this female, "Ain't that right." This person left the office right after this exchange. After this unknown individual left the office, states ClM Candido continued telling her about the volunteer work he did. As he did this, ClM Candido began to point out photographs of the various child cancer victims and/or their families that he had displayed on the wall of his office. recalls feeling that ClM Candido's office was a "shrine" to these individuals. During this, she stated that he started to tell her a story of two year old child with brain cancer who recently passed away, and then showed her various obituaries of children that he raised money for. She said ClM Cand~m to her that he "recently presented" at a nine year old boy's funeral. said he then produced a CD and played it in his computer. This CD depicted stories or articles of another child who died of cancer and a 37 year old woman who died of cancer, leaving behind a 12 year old son. ClM Candido indicated to that the 37 year old woman would "always come to me for guidance." added that she began to feel uncomfortable about CJM Candido's remarks and tried to change the topic ofthe conversation back to her client or her client's family. Additionally, said that ClM Candido told her about a group of teenagers he works with and asked her if she would be available to speak to this group as a guest speaker.
r

!
·1

! 1

I
"I

I!
i

said that ClM Candido stated, "I am As the conversation continued, going to tell you ",Wn""T'''" before." She said he turned around in his chair and asked her .. At this point, began to feel uncomfortable about the personal nature of the conversation, but also felt "empathetic and sad due to all o~of children " She states ClM Candido then to tell her ___ and that is why he is so passionate about helping others. said she stood up and told ClM Candido that she needed to look for her client's family. She said ClM Candido offered to "take care of it" by making some phone calls." At this point, ClM Candido, who was now also standing, produced his business c~umber on the back of the card and came around his desk to hand it to _.._ at the same time . her "Call me so that we could get together for lunch" to discuss the being a guest speaker at one of his organizations. said she felt awkward about ClM Candido's remark and in her opinion he sensed it by asking her, "Are you okay?" She replied, "I'm fine and really don't know how to feel. ..this is strange." She states ClM Candido asked her, "What's strange?" After asking this question, she said he then "got very close in my space and began to hug me firmly."
••••• believes that ClM Candido may have received a call from an unknown source informing ClM Candido that her client's case was about to be heard. , however, cannot recall ifCJM Candido may have initiated the call.

3

I
recalls feelin like she "was falling backwards and feeling very uncomfortable." said as ClM Candido was hugging her he stated, "Doesn't that feel good, even needs to be hug~, "What do Italians do?," to which she replied that she didn't know. .__... said that ClM Candido then kissed both of her cheeks while still holding her in a hug. said she tried to "remove myself from his grasp, but he (Candido) pulled me closer and h~ During this hug, she recalls that his head was in the nape of her neck. _..._, said she now "froze up and couldn't move" and recalls thinking that anyone could walk by ClM Candido's office and think something inappropriate was occurring. She stated as he held her in this position, he then removed his head from her neck area and proceeded to "kiss me directly on the lips." She described the length of the kiss to the lips as a "smack." Right after doing this, she said he made such comments "That's what I do, you can ask all the attorneys, I kiss them all the time." said she then "pushed" herself away from ClM Candido and began to walk out of his office feeling "confused." She stated he then followed her out of the office and asked her "Are you going to call me, I feel like we have a connection." recalls she began to "stutter and could not give an answer," but remembers telling him that she had to get to court to see her clients. As was walking toward the elevator, she said ClM Candido followed her down the hallway and onto the elevator and into the Courtroom, "continuously" asking her questions such as, "Are you mad at me?~.? ..Are you going to call me?" When they arrived at the Courtroom, .__... said she went directly to her client's family in an attempt to "disregard him." She states she intentionally remained close to her client's family h~dido could see she was "distracted away from him." Despite this,'__'" said that ClM Candido approached her in the Courtroom stating, "Come find me when I'm done, I can make copies (of the client's release papers) for you." After the client's case was heard, recalls going back to the basement area with her client's family to assist with the client's release at the Bail Commissioner's Office. She remembers seeing ClM Candido near the Bail Commissioners Office, ~ herself, "No, not this guy again." also states Ms. ___ and her family member mentioned to her that they felt CJM Candido was "creepy and always hugging people," but that they did not elaborate on this comment further. said she remained at the Bail Commissioner's Office while the associated paperwork for her client's release ~pleted. She left the Bail Commissioner's office area accompanied by and her family member and went back down the hallway to wait outside of the detention area for her client to be released. As she rounded the corner heading toward the detention area, she said she was met by ClM Candido who approached her in front of her clients and asked her, "Are you mad at me?" She said she tried to ignore him, but states he then "pulled her arm in a

!

!

I
I
~.

I
i

I

I
I

4

playful way away?" from her clients and began making comments or asking questions such as, "You're not mad at me right, you just have your game face on because you're doing business right now, correct? ..Is this just your game face? ..Are you going to call me for lunch?" as well as asking her when she could come speak to "one of his groups." recalls acting like she was preoccupied with her and thus did not respond to these comments and questions. After a few moments, then continued down the hallway toward her clients. She said that walked up to and gave her a hug. At that point, said she could only think of getting herself and her clients out ofthe Courthouse and did so without any further involvement with CJM Candido. ANTHONY CANDIDO, Chief Judicial Marshal CJM Candido denies sexually harassing whether through his comments or behavior. CJM Candido states that on November 23,2011 between noon and 1:00 p.m., he was speaking with metal detector staff when he saw _ _ enter the Courthouse and begin looking at the bulletin board that lists the cases for the day. He saw her go to the information booth and . that the individual usually scheduled there was not working, asked ifhe could assist her. Prior to this encounter, CJM Candido said he never met before. told CJM Candido that she was there for a special hearing for her client and believed the hearing would be held in Courtroom 2B. CJM Candido inquired whether the elient had a~private attorney, telling her that private attorneys report to 1C. told CJM Candido that she on~ ~'s name to be "Rose." Upon hearing this, CJM Candido believed __ _ was referring to Rose Montessi of the Public Defender's Office. CJM Candido said he told that he believed that the public defenders were at lunch, but offered to take her to Courtroom 2B to see if the case may have been heard there. When she agreed, CJM Candido then went with her via elevator to Courtroom 2B, saying there was no conversation between the two of them. When CJM Candido saw that the Courtroom was locked and the lights were off, he then offered to take up one level to the Public Defender's office and she agreed. Both then rode the elevator up one floor and CJM Candido does not recall any conversation occurring between the two of them. Once at the Public Defender's office, CJM Candido had remain in the lobby area as he entered the main office using his ID card. At that time, CJM Candido saw Ms. Montessi exiting her office. He explained to Ms. Montessi that. was there representing one of Ms. Montessi's clients and that she wanted to speak with her. CJM Candido said he heard explain to Ms. Montessi that she had some paperwork for the client, and Ms. Montessi tell _ _ that it was not necessary for her to see the client because he would be getting
4

A record' pulled at

of this interaction is listed below in this report. It is inconclusive whether CJM Candido arm.

5

released. ClM Candido said that "insisted that she needed to have the paperwork signed" by the eli the Public Defender's office and ClM Candido offered to take down to Courtroom 1B where the hearing would be held. When they arrived at Courtroom lB, ClM Candido became aware that could not locate the Client's mother. At this point, ClM Candido stated that he was going down to his office and "could make a telephone call to the cell block and try to find~here and what time he would be going up to the courtroom." He said then asked "if she could go with me" to my office to find out this information. Both got back on the elevator and went to ClM Candido's basement office. into the office, ClM Candido said he took a seat at his desk and sat at a chair adjacent to the desk. He states he offered a cold drink and she declined. ClM Candido then called the cell block and as he was doing so, said. looked at his name tag and "Candido is a Hispanic name," and he Italian." He recalls "offered" her race saying she she mentioned. While on the phone, ClM Candido said looking at pictures hanging on the walls of his office. He states observed a picture of a probation officer that ClM Candido knew and she asked him a question about this individual. ClM Candido told her that this individual died of brain cancer, leaving behind a young son.

ClM Candido said he believes that spent approximately fifteen minutes in his office. In addition to the above conversations, he said they spoke about ~he Waterbury Bar Association offers, which he oversees. He states. ___ expressed an interest in pursuing these programs and that "she would be in touch with me about the possibility of taking part in the program." ClM Candido said asked him for his business card and he gave her one. He added that his business cards all have his direct business line already handwritten by him on the back. Their conversation turned to the "Concerned Citizens for People with Disabilities" ~at ClM Candido is involved in. Upon hearing this, CJM Candido said. ___ asked him ifhe had a business card for that organization and he provided her with one. In addition to providing the card, ClM Candido said he has a CD in his office depicting an awards dinner he attended for this organization, which he played for her.

6

As this conversation was continuing, ClM Candido said a female came into his office to ask him ifhe had any more donated gift cards. He said that he does not recall this individual's name, but knows her from "past years as she came in to obtain donated gift cards for the holidays." He told this individual that the cards were "all gone," and then asked her what she was doing in the building. She told him that she had court business to take care of, and to the best of his recollection, she was there to pay for a ticket. As he was sitting at his desk, ClM Candido said this individual came over to him and gave him a hug, and then left the office. Shortly after . ClM Candido said he received a call from the detention area telling him that client was being s~is hearing. ClM Candido said he stood up from his desk and saw do the same. He told her that he was "headed upstairs as well." He walked over t~ placed his left hand on the knob to pull the door closed. He said told him that she was glad to have met him, telling him that she would like to "sit in on one of the courthouse tours and learn more about the Concerned Citizens group."
ClM Candido said then walked toward the door and stood in front of him, extended her right hand out to shake his hand and said, "Thank you." He stated she then, "leaned in to give me a hug and I reciprocated." Also, "She kissed lightly on my cheek and I did the same." ClM Candido stated both left his office and rode the elevator to the first floor and went to

I!
Ii
I

I

Courtroom IB, where her client's case was being heard. He recalls seeing _ _ approach her client's mother, and then recognizing this individual (the client's mother) and ha~ation with her about her son being in trouble again. He also recalls asking him ifhe knew the mother. ClM Candido then left the courtroom and went to the metal detector which he states is his "daily ritual at that time of day." After a few moments, he saw and her client's mother come out of the courtroom. He said told him that she needed a place to sign some papers and he directed her to an adjacent conference room, and then left the area approximately ten minutes later.
ClM Candido went back down to his office to get some paperwork. He stayed

momentarily in his office and then ~o his secretary's office. He said as he was exiting his office, he saw , the "client,,,5 and his parent were walking toward the elevator from where he believed was the Probation Office.6 He stated he asked her "if everything was okay," and she replied that, "Everything is fine and added that she would email me about the courthouse tours." At that point, he said his ~ he went back to his office to answer it. He states he did not see. ___ or her clients after that.

5 CJM Candido initial stated he was with her client at this time. However, the individual that was with at this time was a male relative of the client. 6 The Probation Office and Bail Office are located around the first corner and down a hallway from ClM Candido's office.

7

··.. --c--.

-'~·~·-'~·-'--·---r------'---· -

ClM Candido specifically denies making any comments about eyes, ~m she preferred to date. Further, he denies making any statements to ____ regarding _ needing hugs, or asking her, "What do Italians do?," or her being mad at him or having "her game face on," or asking her to call him for any other reasons than to discuss the 'Concerned Citizens' group. ClM Candido added that he hugs lots of individuals that he comes into contact with, several who are attorneys, whether these individuals are male or females. After providing this investigator with his initial statement, ClM Candido was shown a recorded copy of the corridor outside of his office that was obtained for November 23, 2011. (See below ~fter viewing this recording, ClM Candido admits that the mother of_ client "hugged me" as she was waiting for her son to be released from detention.

!

I I

!

!

immediate supervisor. states on November 23,2011 at approximately 1:30 p.m., he received a call from _ who told him something similar to, '., you're not going to believe this, I was harassed by a court employee, he kiss~outh ...it was gross." • _learned that the individual was speaking about was ClM Candido because . ~e from a business card .• _ said it sounded to him like was upset and was "trying to make sense of it." said he then referred the matter to his program director, who he believed had document the incident. described or exaggerate about something." as an employee that "is not one to complain

I
I,
I i

I

!

is the mother of client. acknowledged that she and ClM Candido "both" hugged each other on November 23, 2011 and on other occasions while she was at court. She stated that he has never made her feel uncomfortable during the past two when she would see him during court visits. On November 23, 2011, she recalls telling her that ClM Candido was "creepy" when she in the basement. • _ said she did not know what meant by this statement and cannot recall where in the basement this statement was made. ROSE MONTESSI, Pubic Defender's Office

Ms. Montessi represented client in court on November 23,2011. She recalls that prior to the hearing and after the hearing, meeting briefly with. who was accompanied by ClM Candido, on the second floor near her

8

office. She does ~ecific conversations, only that she told _ _ that she (--.> would not be needed in court because the client would ~ng released. After the client's case was heard, she only recalls seeing _ _ there by herself, but then having CJM Candido come into the main office area and ask her about the case. Ms. Montessi only remembers telling CJM Candido that, "_ knows to leave," aJ~.£!~1.2~2!2£.!~£!~ting, "Okay." Ms. Montessi added that she did not see anything in ~ outward appearance which would indicate that she was uncomfortable with CJM Candido. ELIZABETH PINHO, IAR Specialist

EVIDENCE VIDEO

I ~ ! !
!

I
·1

I

A recorded copy of and CJM Candido's movements within the Courthouse was obtained. One camera angle is for Courtroom 2B, the second angle is for the basement area which shows the corridor outside of the elevators leading down to CJM Candido's office, and then slightly further down the hallway, a right hand turn toward ProbationlBailoffices. There are no verbal recordings. I viewed these recordings with on December 14, 20 II and with CJM Candido on December 12, 2011. At 11:55.52 a.m. CJM Candido is seen entering Courtroom 2B with following behind him and taking a seat in the empty court. CJM the rear of the Courtroom and returning a few seconds later. does not know where CJM Candido ~eftime. At 11:56.16 a.m., both are seen exiting Courtroom 2B and .___ recalls going up to the Public Defender's office and speaking briefly with Ms. Montessi about her client's case. Both then leave the Public Defender's office, get back on the elevator, and exit the elevator to the basement at 12:02.12 p.m. and walk toward and into CJM Candido's office.• the remarks referencing her nationality, who she dated, and were made during this approximate time prior to entering CJM Candido's office. Once inside the office, she states she was offered something to drink and ajolly rancher candy, and then CJM Candido calling an unknown person inquiring about her client's family. She described this as only taking a few moments. After making the phone call, she said he then began to tell her about the "volunteer services things" that he did. At 12:13.32 p.m., an unknown female is seen entering CJM

J

!

9

identified this individual as the same person she leaves the office at 12: 14.03 p.m. After this unknown individual left, states is when ClM Candido showed her the newspaper clipping of the young mother that died, played the CD, remarked that "he felt a connection" with her, commented about her eyes, as well as asking her ifshe was going to call him to go to lunch, and if she could come speak to a group of teens as a guest speaker. At 12:43.22 p.m. both are seen exiting his office and going to the elevator to head to Courtroom 1B for the hearing. (The identification card entries listed below indicate that ClM Candido accessed the first floor staff corridor at 12:54:04 p.m.) • said it was just prior to exiting the office that ClM Candido hugged and kissed her. At 12:57: 11 p.m., the client's case having been heard, and. _ and family member exit the basement elevator, walk down the hallway, and turn right toward Probation/Bail offices. At 1:02.59 p.m., ClM Candido is seen coming around the corner from the direction of Pro bationl Bail hallway area and get onto the elevator. (The identification card entries listed below indicate that ClM Candido entered the Public Defender's Office at I :06:45 p.m.) At 1 :08:30 p.m., ClM Candido comes off the elevator, speaks with two individuals unrelated to this investigation, and then walks down the hallway and makes the right hand turn toward the Probation/Bail offices. 7 At 1:10:59 p.m., ClM Candido is seen coming from the hallway that leads toward Probation/Bail and go into his office with the two individuals unrelated to this investigation. At 1: 15 :55 p.m., ClM Candido exits his office. At about this same time, Ms. Pinho is ~ from the ProbationlBail office area. At 1: 16:05 p.m., _ ____ and the family member tum the corner from the Probation/Bail office area. At this point, elM who was standing near the entrance to his office, stops and speaks with while her client's family continues partially down the the elevator. During the exchange between elM Candido and ClM Candido is seen turning directly into _ _ path toward her clients. recalled that ClM Candido's body position was preventing her from moving forward. said this is when ClM Candido was asking her additional questions about being mad at him and ~e face on." ClM Candido, however, said that during this exchange, • ___ stopped him and asked him when he would be available to speak to some of her teenage clients. At 1:16:57 p.m., ClM Candido and and walk back toward her clients At 1: 18.42 p.m., discontinue their conversation Candido and hug each other. client exits from the detention area with Ms.

Candido's

office.

"

I

I

7 CJM Candido initially told this investigator that he was turning into his office, but later admitted that he was turning the corner toward the Probation/Bail offices.

10

:'9 ..-'

Pinho and interacts briefly with his family and CJM Candido. 8 At 1:19:32 p.m., • her client and his family get on the elevator to exit the Courthouse. IDENTIFICATION CARD ACCESS ENTRIES CJM Candido's identification card access history was viewed for November 23, 2011, specifically to the relevant times pertaining to this investigation. At 12:54:04, there was an access to the first floor staff corridor. This is the approximate time in which. client's case was being~.m., there is access to the Public Defender's Office. At this point, ~ is in the basement ProbationlBail area with her clients. COURT OPERATIONS DISCIPLINARY RECORDS A Written Warning dated March 26, 2004 was issued to CJM Candido by Joseph D' Alesio, Executive Director of Operations. Among other warnings, paragraph three of this writing, under the heading of "Neutrality" states; "The services provided to the public by the Judicial Branch must be provided in a neutral manner. The involvement of court personnel in the cases of specific individuals, when they are not otherwise authorized to do so, gives the appearance that court personnel are not neutral. You are to immediately cease providing assistance to individuals when that is assistance is not directly (Emphasis added by Mr. D' Alesio) related to the courthouse security and prisoner transportation system. Additionally, you are to remove all items from your office that are not directly related to your duties as a Chief Judicial Marshal (e.g. pictures of unrelated minors or individuals who are involved in the court process). Volunteer services that you provide to non-Judicial organizations must be limited to your off-duty hours." OFFICE This investigator observed that CJM Candido's office is replete with ~hotographs and postings in direct violation of Mr. D' Alesio's order to remove them. BUSINESS CARD gave this investigator the business card that CJM Candido handed her. The number (203) 236-8048 is handwritten on the back. This number is to CJM Candido's direct business phone line. VOLUNTEER ORGANIZATION VITAE CJM Candido voluntarily offered this investigator his one page vitae. This writing shows numerous organizations and civic accomplishments CJM Candido has been involved in
8 Prior to offender client coming into view of the camera, CJM Candido wrongfully pointed to family member as being the youthful offender. 9 Photographs have been taken ofCHM Candido's office.

I
I

!

i

II

1]

over the past several years. Of these organizations and accomplishments, one entry has relevance to the Judicial Branch. This entry reads, "Coordinates tours of courthouse high school students; average of 800-1 ,000 students per year participating. Speaks with students about drug and alcohol abuse." FINDINGS: I. ClM Candido hugged three separate females and kissed one of them all within an approximate one hour period on November 23, 2011. 2. CJM Candido admitted that he will often hug various individuals, however, stated that the three women that were hugged on November 23,2011 initiated the hug ~sadded) 3. _ was at the Waterbury Courthouse for approximately 81 minutes. ClM Candido was with her, around her, or in places she would logically be within in the Courthouse for all but approximately 22 minutes of this time, having been with her or near her from the first floor to Courtroom 2B, then to the Public Defender's office, down to his office where he remained with her for approximately 45 minutes, then to Courtroom 1B, back to the Public Defender's Office, to the Bail/Probation Office, and then stopping her outside of his office as she was heading toward detention with her client's family . 4. There were no security related reasons for ClM Candido to be involved in • client's case as he was not a security risk and was being released from custody. 5. ClM Candido accompanied to her client's hearing and then entered the Courtroom with her as she was attempting to interact with her client's family. 6. ClM Candido initiated and engaged in conversations regarding the charity work he does, and various cancer victims and survivors, including children and him. These conversations were accompanied by the displaying of various obituary articles and the ~m a memorial service. This conversation and display placed in an emotionally charge~ 7. ClM Candido gave _..._. his business card with his private number handwritten on the back. that 8. There were conversations between CJM Candido and involved race, lunch, and marital status. 9. ClM Candido can be seen standing directly in path as she was attempting to walk to the detention area with her client's family after leaving the Bail Office. 10. CJM Candido's office is replete with photographs and postings of the various organizations, achievements and/or accolades he received from various civic organization that are displayed in direct violation of a Written Warning issued by the Executive Director of Court Operations. 11. ClM Candido admitted handing out gift cards from non-Judicial organizations to Court clients.

.

~

i

I
I
.1

!
r

I,
!

I

12

CONCLUSION The allegation that eJM Candido violated the Judicial Branch's Sexual Harassment in the Workplace Policy #607 and the Judicial Marshal On Duty Conduct policy 3, F, (1) is substantiated. The Judicial Branch Policy, which also applies to those individuals coming into contact with Judicial employees, defines sexual harassment in the workplace as any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when, "such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment." The Judicial Marshal Policy states, "Judicial Marshals are prohibited from engaging in the racial or sexual harassment of other workers, prisoners or members of the public in accordance with the existing Judicial Branch Administrative Policies and Procedures." ClM Candido's combined actions of interacting with for an extended period of time when no business rationale existed, placing her in an emotionally charged atmosphere via discussions of charity work and cancer victims, discussing lunch with her, and then hugging and kissing her constitute conduct of a sexual nature. Further, CJM Candido's actions of following her throughout the Courthouse, again when no business rationale existed, interfered with her ability to perform her job duties and to appropriately interact with her clients. The allegation that CJM Candido violated Judicial Marshal Policy 3, A, (3), Ethics, is substantiated. This policy states, "Judicial Marshals must at all times act in a manner that reflects favorably upon the State and the Judicial Branch." CJM Candido's combined conduct violated this policy by his use of inappropriate personal remarks and propositions toward a Court patron and his resultant failure to carry himself in a business appropriate manner. The allegation that CJM Candido violated Judicial Marshal Policy 3, A, (5), Ethics, for failing to abide by a Written Warning and directive issued by Mr. D' Alesio is substantiated. This policy states, "Judicial Marshals shall adhere to all Judicial Marshal Services' policies, procedures, operational rules, regulations, post orders, general orders, special orders, directives and lawful instructions." Despite being given a specific directive by Mr. D' Alesio via the November 24, 2004 disciplinary letter to remove pictures and assorted items from his office, CJM Candido continued to amass numerous displays regarding the volunteer organizations he is involved in andlor the civic achievements and accolades he received or accomplished. (Also see attached addendum for additional violations of this policy.) Submitted by,

I I
I
-j

I

!

Mark Ciarciello, Court Planner II

Date

13

.................... --O_~_.

SUPPLEMENTAL Allegation:

REPORT

OF INVESTIGATION

Violations of Judicial Branch Policies: 1. Sexual Harassment in the Workplace, Policy 607 2. Judicial Branch Mission, Policy 101 3. Judicial Branch Mission, Supervisor, Policy 102 Violations of Judicial Marshal Policies: (200-03 §§) 1.3, F, (1), On Duty Conduct; (Sexual Harassment) 2. 3, A, (5), Ethics 3.3, E, (4), Property, Equipment and Vehicles; 4.3, A, (3), Ethics; 5.3, F, (15), On Duty Conduct (Unprofessional behavior) 6. 3, B, (20), Administrative Work Rules.

Re: By:

Anthony Candido, Chief Judicial Marshal (CJM) Member of the Public Member of the Public Member of the Public December 1,2011

Date of Complaint: LOCATION: SUMMARY

Waterbury Superior Court, 300 & 400 Grand Street, Waterbury, CT. OF COMPLAINT

As the results of the previous investigation were pending, three additional complainants came forward alleging CJM Candido treated them in an inappropriate manner while they were at 400 Grand S1. on their respective and unrelated court matters. Additionally, further evidence was presented that prompted a review ofthe video recordings of the activity occurring outside ofCJM Candido's office. This activity showed an ongoing and consistent pattern of females meeting with or being escorted into CJM Candido's office. Some of these females appear young enough to be high school students. This activity was then corroborated through Judicial Marshal interviews. These interviews revealed similar activity occurring at 300 Grand S1. SUMMARY OF INTERVIEWS

_ states she read newspaper reports that CJM Candido was placed on unpaid Administrative Leave for alleged serious misconduct. From the newspaper articles she read, and from her history with CJM Candido (discussed below), she said she deduced that the serious allegations may have involved his inappropriate conduct with females. _ initially spoke with an unknown individual from the newspaper reporting

14

the story and was referred through a series of phone calls to the Connecticut State Police, and then to this office. _ states that she first met ClM Candido in 2002 when shortly after entering 400 Grand st. he approached her and asked ifhe could help her. She states she was there with her daughter and he offered to take both of them to his office for a soda while she was waiting for her case to be called. She said nothing inappropriate occurred during this meeting and that ClM Candido gave her his business card and told her to "stop by sometime" if she was in the courthouse. Over the next few years, she said she would see him around the courthouse and at a local Dunkin Donuts, where she would speak to him in a friendly manner. In 2004, she had to return to Court and saw him again in the lobby area of the Court, where she states "he was always hanging around." [0 She recalls that he again gave her a business card with his office and cell phone number written on it, and at the same time asked her for her phone number. Because she thought of him as a potential friend, she gave him her number. After doing so, she states ClM Candido began calling her, mostly during the business day." At first she said these calls were of a general friendly nature, but that he to take the "calls to another level." She said he wanted her to

I
"

I

'II
I
.~

!

I
,.
t=

I
ii
i

said she had approximately ten such phone exchanges with ClM Candido before she stopped taking his phone calls because "it was weird." She added two of the calls occurred when she presumed he was off duty. One occurred when he told her he was in his vehicle on his way to a meeting and the other when he was home on a Sunday afternoon. Finally, she added that in addition to seeing his business number appear on her caller 10, she usually asked ClM Candido where he was when making these calls and that he indicated he was in the office on those occasions when the calls were received during the business day. _ said from 2004 through 2009, she "ran into" CJM Candido during her various court appearances. She said he would ask her to go down to his office or she would stop by to see him. She said he began to make physical contact with her "the majority of times I was chance he had." She described this contact as at first then kissin

was 27 years old at this time, said her caller ID showed these calls came from what she knew as his office phone and cell phone and that she generally took the calls at her home. said she is attempting to locate any pertinent phone records,
II

10

15

when both rode up the elevator from his office. _ stated when she went into his office. She said the door to his office could either be opened or closed and that he sometimes had "old school" music playing and would offer her soda and candy.]2 She recalls one incident when she walked into his office and saw him an unknown Hi . female what appeared to be a sensual massage She also recalls "nearly getting caught by a female marshal with blond hair who walked into the office." Finally, she added that CJM Candido would often talk about the charity work he did and show her pictures he had hanging on his walls of children who died of cancer. _ said the contact with CJM Candido, although consensual, made her "nervous" because of his official position, fearing that he could retaliate against her in some way. For the same reasons, she did not tell anyone from the Judicial Branch about his behavior. She said the only person who knew ofthis behavior was a friend of hers, who she knew from classes both were taking together. 13 She stated she is uncertain if CJM Candido attempted to influence any court personnel at her court hearings. She added that he once told her he would speak to a judge on her behalf, and then she saw him approach the unknown judge as she was waiting for her case to be called. After speaking with this judge, she said he "winked at me" to indicate he may have said something in her favor. It is her belief, however, that he was 'Just showing off' and the conversation with the judge may have not been about her matter. _ said that sometime in 2008, CJM Candido told her he could help her get a job as a Judicial Marshal and gave her an application to fill out. Because she would have preferred to work in New Haven and felt that CJM Candido did not have any influence there, she did not return the application. Finally, she added that ClM Candido gave her daughter a replica marshal's badge when they first met, but that she threw it away. _ said that last time she saw CJM Candido in 2009, she only "wanted to get in and out of court, so I turned my back on him." She stated she did not have any further contact with him after this time. _ was able to provide this investigator with a physical description of CJM Candido, including the fact that she was aware of a hairpiece/hairplugs he once had. She was also able to describe the location of his office, the type of music he played, the location of the furniture, and the various pictures on the wall, including photographs of various cancer victims.

12 CJM Candido's computer showed numerous songs similar to ••••• description of this music were stored to the hard drive. 13 is attempting to contact ••••• to see ifshe would be willing to participate in this investigation.

16

_ states she heard from a friend that CJM Candido may be the subject of State Police investigation. She contacted the State Police who then referred her to this investigator. _ said she has known CJM Candido for 15 years, having met him when she attending She continued to see him at 400 Grand St. on numerous occasions while she was at court, where he would usually approach her in the lobby and engage her in general conversations. _ said sometime in late February or early March, 2010, she accompanied a friend of hers, _ to 400 Grand St., where a friend of_ had a hearing. She saw and spoke with CJM Candido at 400 Grand St. in the lobby and told him that she was looking for ajob and ifhe knew anyone who may hire her. She recalls that CJM Candido indicated that he could help her and told her to come to his office by herself. said she was somewhat reluctant to go CJM Candido's office alone, with her. When both arrived, they took seats in his office. _ first recalls telling CJM Candido that _ friend's family was in court and that she did not get along with them. Upon hearing this, she said that CJM Candido began showing them the video feed of the Court's security system on his computer, telling her that she could have waited in his office where he could tell by the video feed whether the family was still there. She recalls he then showed her the video feeds of several Courtrooms where cases were actively being heard. She remembers se~l angles ofthe Courtrooms, judges, and seating galleries. Shortly after this, ..... said that a cell phone call and stepped out of the office to take the call. At this point, said that CJM Candido shut the door to his office and began telling her about how he could help her get a nursing aide's job in Southbury, CT. She states CJM Candido then turned the conversation toward a female probation officer he knew who died of cancer and showed her a picture of this individual that he had hanging on the wall. At the completion of their conversation, _ told CJM Candido that she needed to go and stood up to do so. She states when CJM Candido saw this, he got up from the desk and went toward the door, blocking it. At about the same time he told her, "I want a hug," and proceeded to give her a "tight hug." _ said she tried to pull herself away, but when she did so, "He grabbed me tighter by the waist." She said as CJM Candido grabbed her tighter, "He started puckering his lips for a kiss to my lips." • _ said she turned her face away from CJM Candido before he could kiss her. She added that, "I finally had to push myself away from him." _ stated that when she was able to open the door, she saw that was stan~ outside of it and "sensed that somethin~ng." said she told ~, "This dude tried to kiss me," in which ~ replied, "I told you not to come by yourself." _ added that when she left, she could not get the smell of CJM Candido's cologne out of the cloths she was wearing until she washed them.

17

_ said that a few months after this incident during another court visit, she was "told by my boyfriend," to ask CJM Candido about the status of getting her ajob. She said she was reluctant to approach him, but did so anyway because she did not want to upset her b~e stated that CJM Candido was "weird and stopped talking to me." It is __. belief that ClM Candido acted this way because of the incident occurring in his office. Prior to the incident, _ said ClM Candido asked her several times to come to his office "after 3:00 p.m., telling me that he could help me get ajob." She noted that "He always seems to follow me around court." Additionally, she stated that CJM Candido told her that he hands out two thousand dollars worth of Thanksgiving gift cards that "comes from his own pocket," and that she should come by at Thanksgiving time to get one. _ recalls this conversation being "strange" as Thanksg~ several months away from when these conversations took place. Finally, __ said in those times she is at court, she sees CJM Candido interacting with numerous females, adding that, "He only goes after the thin, young Hispanic ones."

I I .,
I
r

I
!

_ was/is reluctant to participate in this in~n in fear of retaliati~ her from Judicial Marshals or the Court system. __ recalls going with __ to ClM Candido's office while both were there to attend court with an acquaintance of _. She stated when they first got to CJM Candido's office, he showed her the video of the Courtroom where her friend's case was called, telling them that they could have waited in his office until it was called instead of sitting in the Courtroom. Shortly after, _ said she got a cell phone and stepped out of the office to take it. After remaining on the call for several minutes, she started back to the office and could hear through the closed door someone "giggling," but is not sure who this was. _ said she sensed that something wasn't right and that a few moments later the door opened and she saw that _ appeared nervous. _ said that _ stated something similar to, "Let's get out of here, he tried to kiss me .. .I tried to push him off."

!

!

_ was being held at the Waterbury Courthouse detention on April 3, 2012 when she began to relate to SJM Joanne Fenn about some inappropriate activity that occurred between her (Gooden) and ClM Candido during a previous court visit on December 2, 2011. (Upon hearing the complaint may have involved ClM Candido, S1M Fenn did not seek any further details and immediately contacted this investigator.) This investigator met with _later that day. _ stated that she first met CJM Candido on September 1 attended court on a criminal matter and brought her friend with her. She recalls exiting Courtroom 1B and seeing ClM Candido near the exit. She was unsure if her case had been called and thinking that "he looked official" asked him about the status of her case. She said he directed her to the Public Defender's Office. After she left the public defender's office, she again met up with ClM Candido and after a brief

18

conversation regarding the status of her legal matter, he asked both her and her friend if they "wanted to hang out" in his office where they could get some candy and soda. Once there, she said he began asking her if she had children and she mentioned that she had a son with ADHD. Upon hearing this, _ said CJM Candido started showing her pictures of people who had various disabilities, and a picture of a female who had a brain tumor, and then began explaining the various char~does while reading from "quotes" of pictures he had hanging in his office. said she did not hear or observe CJM Candido acting in an inappropriate manner during this first meeting, but noted that her friend told her that CJM Candido said "crazy things" to her friend that. _ said she did not hear. 14 . _ said she went to court on October 28, 2011 with her aunt. She states her aunt happened to see ClM Candido in court and asked him whether he had any extra ~ her grandson. Both met briefly with ClM Candido in his office where. __ aunt got a bag of candy from ClM Candido. _ said nothing inappropriate occurred at this meeting. _ returned to court on November 2, 2011 and came with her boyfriend. She saw CJM Candido and briefly spoke with him. _ said nothing inappropriate occurred during this time. On December 2,2011, _ said she returned to court to speak with her public defender and learned that a Violation of Probation warrant may have been issued for her. Knowing that that the warrant may have abond attached to it, she attempted to call her boyfriend to begin to arrange for bond. She states she had limited cell service within the building, but then saw ClM Candido on the first floor of the courthouse and asked him if she could use his phone. She states he then offered to take her to his office where she could make phone calls. Once there, she said he turned on some music from his computer as she was using his office pltUIlt:.15 Nul able to reach her boyfriend, she states ClM Candido began telling her about a vacation he had taken, and then turned the conversation to her son with ADHD and individuals with disabilities that he She states that CJM Candido then asked her, and, _ At this point, believed that ClM Candido was joking. _ said she again attempted to use her cell phone and saw there was no service. She states CJM Candido told her she may be able to get better service outside of his office and she tried to get service by walking down the hallways near his office. When she returned, she states he offered her some candy and a bottle of soda, which turned out to be flavored water, and again told ~ work he does. She said CJM Candido then tel' her that, ___. and again asked her, _ She stated he began to tell her that he lived in or around the
is attempting to prOVidethis investigator with contact information for Ms. Atkins. The music described by is consistent with the type of music observed on the hard drive of ClM Candido's computer.
14 15

.!

! I

j

I
I

'I

!

19

West Haven area and asked her if she "would be willing to take a ride out there" to meet with him. She also said he gave her a phone number that he referred to as "his private number." 16 _ said she remained in the office for a few more moments and then again tried her cell phone in a different hallway. When she returned to CIM Candido's office, she stated that CIM Candido walked up to her, hugged her, asked her, "What would you do if I just kissed you," and at the same time kissed her on the lips. _ said she was "very uncomfortable" at this display and sensed that CJM noticed this because he immediately asked, "Are you all right?" She told him, "Don't do it again" as she from him. She stated he then asked her "Can . me a second?"

_ stated that CIM Candido "wanted to cool down" so he sat back at his desk. She stated she was attempting to leave but CIM Candido "kept trying to get me to stay by telling me to sit down and relax." She said he continued to repeatedly ask her ifshe was okay and wanted to know if she was "going to tell" on him for what occurred_ _ said she remained there for a few more minutes and then left the office "feeling uncomfortable." _ added she was in fear of returning to the Waterbury Court because ofClM Candido's behavior and the position he held at the Court. _ provided this investigator with a physical description ofClM Candido and was able to describe the location of his office, the type of music he played, the location of the furniture, and the various pictures on the wall, including photographs of various cancer victims. STEPHEN SHEEHY, Judicial Marshal 1M Sheehy states CIM Candido "would single out woman on almost a daily basis" and "bring them down to his.office where I wouldn't see them again for an hour." He estimates that ClM Candido has done this with "hundreds of women," has been doing this for numerous years, and that several marshals joke, "That's Tony being Tony," and, "He's trolling for girls." He said these females would enter the courthouse and ask for "Uncle Tony or Tony" and that several women had CJM Candido's private office and cell phone numbers. He describes these individuals as "mostly young and female." 1M Sheehy added that he cannot recall CIM Candido ever bringing a lone male (employees excluded) or group of males into his office, or that any of the females he has seen with CIM Candido have any type of security related issues. 1M Sheehy added that he has walked into CIM Candido's office within the last few years and has seen ClM Candido showing "these women" the court's security camera.
16

I

I
1

I

)

I

I

said she stored this number in her cell phone, but did not have access to her phone during

her interview.

20

In addition to this activity, he stated that he observed CJM "talking with these kids" on his lunch break at the school bus stop on the Waterbury Green, the Waterbury Mall, and Walgreens on Tomlinson Ave. in Waterbury. Finally, he added that "a Hispanic female I knew from Court," spoke with him sometime in 2010 at Walgreens and told him that "your boss is a pervert, he's always rubbing up to me." This individual added that she shared this information with her mother. JM Sheehy said ifhe sees this individual again, he will refer her to this investigator. DOUGLAS LEACH, Judicial Marshal JM Leach has routinely worked the metal detector at 400 Grand St. for numerous years. From that assignment, he has observed CJM Candido meet and bring "mostly young Hispanic or Black females" down from the main lobby to his office "almost on a daily basis." He describes this activity as obvious and rampant and that marshals and court staff would joke about this behavior by making comments such as, "He's scoping the lobby," or ""He's going to help out another scootch." He said these individuals would enter the courthouse and mayor may not have a court case and ask, "Where's Uncle Tony?" JM Leach said that he observed CJM Candido enter Court on several occasions, usually Courtroom lB, and ask the assigned marshal or prosecutor if these individuals' cases had been called. JM Leach does not believe that CJM Candido is seeking any further "favors" from court staff other than inquiring about the status of the case. JM Leach added that he has walked into CJM Candido's office "within the past year" and has seen him showing "young Hispanic females" the metal detector area on the court's security camera system. Finally, JM Leach said he does not recall any of the females CJM Candido is with as having a security related problem that would require CJM Candido to assist them in his official capacity. TIMOTHY DONOHUE, Judicial Marshal

JM Donohue said he usually is assigned to the metal detector at 400 Grand St. for the past four years. He states that he has observed CJM Candido meet with "mostly young Hispanic females" in the main lobby where, "I would see him take them onto the elevator." 1M Leach said this activity occurred on "almost a daily basis." JOHN HUBERT, Judicial Marshal 1M Hubert said when he was assigned to 400 Grand St. he observed CJM Candido bring women to his office almost on a daily basis for several years. He noted that he first observed that CJM Candido may have been with "a mother and daughter," but then began seeing CJM Candido "just with the daughters, who looked younger than eighteen." JM Hubert added that he has heard comments made by court staff and the public such as, "What's up with your boss?," when referring to this type of activity occurring.

21

..-----_.-:-.-------I.·---.,--.

-.~----.-......

- ~-------··"·1·'······-'··-·--------··'----·-·'-'···

JM Hubert said that he observed CJM Candido take walks to the Waterbury Green, near "the State Street School." JM Hubert believed he may have been going there to meet with a Waterbury Police officer he knew, but does not know the identity of this officer. 17 JOANNE FENN, Supervising Judicial Marshal SJM Fenn is assigned to 300 Grand St. (300 Grand St.) Waterbury, CT. She states she observes CJM Candido "almost daily" approaching mainly young Hispanic looking females, and then often sees him walking out the door with these individuals towards 400 Grand St. She said he habitually starts at the first floor Support Enforcement Services (SES) waiting area, then the snack bar, and to second floor courtrooms that hear the SES cases, where "he waits to speak with someone nice looking." SJM Fenn said she has never been aware of any of the individuals CJM Candido interacts with as having a security related issue. Therefore, there would be no reason for CJM Candido to be with these individuals. She added that as the Supervising Judicial Marshal assigned to 300 Grand St, she would have known if any security risks existed.

'1

JUDY BUTKUS, Lead Judicial Marshal LM Butkus is assigned to 300 Grand St. LM Butkus states she sees CJM Candido approach "young, mostly Hispanic females" asking them ifhe could "help with this, or help them with that" on those days when SES cases are heard. This activity occurs in the first floor SES lobby area and the second floor lobby, where the SES cases are heard. Other than these areas, LM Butkus said it is rare to see CJM Candido in other parts of the courthouse at 300 Grand S1. LM Butkus observed that CJM Candido "lights up" to these women, is "obviously ogling them," and will ignore anything or anyone else around him, including judicial marshals who may have a work related inquiry. LM Butkus is not aware of any of these individuals having a security related issue. LM Butkus states this activity has been occurring for years and marshals often joke, "Here he goes again," or will mimic his behavior. THOMAS BROPHY, Lead Juui<.:ialMarshal LM Brophy is assigned to 300 Grand St., where he states he observes that CJM Candido "seems to eagerly form close bonds and seek out young Hispanic females." He added that he sees CJM Candido become "physically affectionate with them" in the form of hugging, and that this type of affection "should make red flags go off." He said this activity has been going on for numerous years. LM Brophy recalls conversations with CJM Candido when a Hispanic female would approach him and CJM Candido "would leave the conversation and suddenly I would become invisible."

I

I

17Thisinvestigator inquired with Lt. Maxwell of the Waterbury Police Department who was not able to corroborate that this activity was occurring.

22

BARBARA CLARK. GARY ALLARD, Court Information Desk Ms. Clark is assigned to the information desk at 400 Grand St and Mr. Allard is assigned to the information desk at 300 Grand S1. Ms. Clark states she sees CJM Candido approach mostly young Hispanic or Black females on almost a daily basis, offer to help them, and then sees them entering the elevator. Ms. Clark said this activity has been occurring for years and that it is rare to see ClM Candido interacting with males in the same manner. Mr. Allard states he observes that ClM Candido seemed to be "focused on" young Hispanic females who are waiting in the first floor SES lobby area. He added that it was common to see him with his arm around these individuals as he was interacting with them. Mr. Allard added that he does not see ClM Candido interacting with males in a similar fashion. Mr. Allard also states that this activity has been ongoing for several years. MARIA BARREIRO, Administrative Clerk II

I I
!

./

I

Ms. Barreiro is CJM Candido's secretary. Her office is located down the hallway and is not within the direct view ofCJM Candido's office Ms. Barreiro states that most every day she will see (when walking to the restroom or to CJM Candido's office), or will have, mostly "Spanish and female" individuals asking for or interacting with ClM Candido, but also added that ClM Candido "helps everybody." Ms. Barreiro states that she has never observed anything inappropriate occurring, nor has she ever seen any activity that made her feel uncomfortable. Ms. Barreiro believes that CJM Candido is assisting these individuals while the family member or friend may be waiting to be released from detention, or they are there to receive cards or coupons for free holiday meals that ClM Candido hands out. Ms Barreiro is not sure of the source of the gift cards or if this activity is associated with a recognized charity group. MAUREEN PLATT, State's Attorney, Waterbury Ms. Platt said she spoke with the prosecutors assigned to 400 Grand St. and did not receive any information that ClM Candido attempted to gain consideration for any criminal defendant. EVIDENCE, SECURITY TAPES/COURT OPERATIONS RECORDS

This investigator made a request to have relevant portions of the November 23,2011 incident copied. Shortly after, I was contacted by O'Donovan Murphy, Director, Judicial Marshal Services, who informed me that he observed other woman entering CJM Candido's office on November 23,20 I I. Also, during an investigatory meeting with CJM Candido in which he was shown portions of the taped incident of November 23, 201 I, he revealed that individuals seen entering his office and who were not part of the investigation in question, were there to pick up "Thanksgiving gift cards." Finally, as I started to investigate the initial incident, 1 began to receive information from Court

23

personnel that it was common for CJM Candido to have women in his office. This information prompted a review of the recorded security tapes of the corridor leading to CJM Candido's office to determine whether any pattern existed concerning the sex of the individuals entering his office. (The camera angle is for the basement area which shows the corridor outside of the elevators leading down to CJM Candido's office, and then slightly further down the hallway, a right hand turn toward Probation/Bail offices. There are no verbal recordings.) Based on CJM Candido's statements that this activity involved handing out Thanksgiving gift cards, I began my review starting on the days leading up to Thanksgiving, and then reviewed the period right after Thanksgiving and leading up to the day CJM Candido was placed on unpaid administrative leave on December 2, 2011. When the review of the tapes showed a steady and consistent pattern ofCJM Candido escorting or meeting with females in his office, I began a further review of these tapes. The period of review commenced September 19, 2011, though December 2, 20 II. (CJM Candido was placed on administrative leave on December 2, 2011.) CJM Candido worked 39 of these days. Women were seen entering and/or leaving his office on 32 of these days. Of the seven remaining days, CJM Candido had 3.5 education hours on 2 of the days, 1 day he was not seen on the tapes whatsoever, and 1 day the fire department was there for an extended period of time on an elevator smoke issue near his office. This review revealed 101 instances ofCJM Candido meeting with or escorting individuals into his office, for a total of 132 people. Of this number, 121 were women. In 67 of the 101 instances, CJM Candido is seen exiting the elevator with these individuals and bringing them directly into his office. There are also instances of CJM Candido standing outside of his door waiting for these individuals, or additional individuals entering his offiee before the other people left. There were no instances of lone males or groups of males (other than Judicial Marshals) being escorted into his office. I observed that many of the females appeared to be young and were primarily Hispanic or Black. The ages of some of these individuals appear to be females possibly of high SdlOOI age. There were instances of'lone females, groups of females, or groups of females with one or two males entering his office. There were also instances where groups of individuals went into the office, exited, and a lone female remained inside. ClM Candido is seen making physical contact with women on a steady and consistent basis. This contact consists of hugging, holding hands, having his arm around them, jabbing and prodding and being in their close personal space. There are approximately 15 instances of this behavior. There is one instance ofClM Candido hugging a male that was there with females. The time spent with these individuals ranges from several minutes to approximately two hours, for approximately 27 hours of time in his office with these individuals during this review period.

24

On December 2, 2011, _ is seen being escorted to CJM Candido's office at 10:44 a.m., and then enters and exits at various time until II :20 a.m. At 12:26 p.m., CJM Candido is seen entering his office at 12:26 p.m. with Mr. Murphy when Mr. Murphy informed CJM Candido that he was being placed on administrative leave. COURT OPERA nONS DISCIPLINARY RECORDS

A Written Warning dated March 26, 2004 was issued to CJM Candido by Joseph D' Alesio, Executive Director of Operations. Among other warnings, paragraph three of this writing, under the heading of "Neutrality" states; "The services provided to the public by the Judicial Branch must be provided in a neutral manner. The involvement of court personnel in the cases of specific individuals, when they are not otherwise authorized to do so, gives the appearance that court personnel are not neutral. You are to immediately cease providing assistance to individuals when that is assistance is not directly (Emphasis added by Mr. D'Alesio) related to the courthouse security and prisoner transportation system. Additionally, you are to remove all items from your office that are not directly related to your duties as a Chief Judicial Marshal (e.g. pictures of unrelated minors or individuals who are involved in the court process). Volunteer services that you provide to non-Judicial organizations must be limited to your off-duty hours." ANTHONY CANDIDO, Chief Judicial Marshal

I

!

there may have been times when she may have hugged him. CJM Candido stated he first met _ several years ago when she came to his office looking for a judicial marshal job. He said his general procedure is to refer individuals making job inquiries to the Dranch website or to his secretary where paper applications are kept. He does not recall if_ ever got a paper application and to the best of his knowledge, she did not apply for a job. CJM Candido acknowledged that _ stopped by his office several times, but cannot recall the dates/years when these meetings occurred or approximate number of times these meeting occurred. To the best of his knowledge any meetings were mainly about job inquiries as a judicial marshal. CJM Candido added that during one of the times he met with _, she asked him to borrow five hundred dollars for her rent. It is his belief that she became bitter when he refused to do so.

25

ClM Candido denies kissing or making inappropriate physical contact with _. He acknowledges there may have been times when he hugged her in a mutually reciprocal manner. ClM Candido said _ came to him about getting a nurse's assistant's job because he believes he must have told her that he sits on the board of directors for the Visiting Nurses Association. ClM Candido further denies that if_ friend left the office to use her cell phone, that he would have closed his office door. He added that his door is always open when he speaks with anyone, unless it is an employee counseling matter. Finally, CHM Candido denies that he purposely showed _ or her friend the Court's security monitoring system. It is his belief that they may have walked in on him while he was doing routine monitoring of the marshals posts.

I II
i
~,

I

ClM Candido denies kissing or attempting to kiss _. He further denies making comments about who she dated or meeting with him in the New Haven area. His recollection is that she may have come to use his office phone and that any conversations he had with her were related to her son who has an ADHD disability. He also does not believe that he gave her his private number and is uncertain what she is referring to as his "private number."

J
Escorting or Meeting with Females in His O[fil:dGift Cards: ClM Candido said the vast majority of the members of the public he meets with in his office are there to get his help in receiving assistance from the variety of charitable organizations he is involved with or are there for assistance with their various court or family related issues. He acknowledged that he frequently meets with these individuals, has been doing this several years, and that the meetings only last for a few minutes, up to 10-15 minutes. ClM Candido stated that he often gets gift cards and meals vouchers and hands these out throughout the year, mainly near major holidays. He said many ofthese individuals will come down unannounced to his office, or may be referred to his office by other court personnel, or they may be persons that he may see as he walks throughout 300 and 400 Grand St. He stated that the gift cards are left locked in his desk and that is a main reason why he is seen escorting people into his office. CJM Candido added that although he

26

does not have explicit permission to act in this manner, various Branch officials have known of this activity ever since "1 was employed by the State." It is his belief that O'Donovan Murphy, Director, Judicial Marshal Services, is aware of this activity and tacitly condones it. ClM Candido stated the gift cards are usually given to him by a friend of his, Gary Montano, who is a business owner in Milford. These cards are usually in the twenty five dollar range and total approximately $1,500.00. The cards are for groceries stores or for food baskets. ClM Candido said he has been doing this ever since he has been with the "old Sheriffs office" and now as Judicial Branch employee. CJM Candido explained that the lack of males, or the appearance that many of the females may be young, is attributable to the demographic of individuals who are in most need of the gift cards, clothing, jobs, or counseling matters he can refer these individuals to due to his civic organization contacts. He also added that the demographic of the individuals he interacts with may be referrals or acquaintances from organizations he belongs to, namely the Black Elks, the Sisters of the Black Elks, and the Spanish Action Counsel. CJM Candido could not provide this investigator with any instance when any one of the individuals came to him because of a security related issue that required the assistance or monitoring by Judicial Marshals in their official capacity. CJM Candido, when shown certain video portions of interactions with individuals, could not provide this investigator with the identities of these individuals. IS He explained that although he may recall the purpose of the meeting and why these individuals were in court, he cannot always remember their exact names. ClM Candido denies that any of the individuals are of high school age. He further denies that he goes to the Waterbury Green to purposely interact with High School age students. He added that he routinely walks on his lunch break and makes various stops at different businesses along the way, and then may stop at the Green to briefly visit with a police officer that he knows there.

eJM Candido denies that his interactions with the public at 300 Grand St. are limited to
interacting with individuals who are there for support enforcement matters. Finally, CJM Candido provided this investigator with numerous letters of character reference attesting to his involvement with various charities and civic organizations. Although the letters are related to after work activities unrelated to Judicial Branch business, it is CJM Candido's belief his interactions at work with certain members of the

18 elM Candido was shown a particular video feed of an interaction with three females on 1l/22/20II. One of the females entered his office for approximately 11 minutes while the two remaining individuals remained outside of the office. ClM Candido first said the individual he was alone with was the mother of the three individuals, then changed his story to say the individual was the 18 year old daughter. It should be noted that CJM Candido is seen with his arm around, holding hands with, hugging, of horse playing with the" 18 year old" individual. The total time spent interacting with these individuals was approximately one hour.

27

public are an extension of his charitable and civic commitments. Additionally, many of these character letters opine that CJM Candido is not inappropriate with woman. VICONET SECURITY SYSTEM CJM Candido states he has never purposely shown any non-employee the Court's security system or video feeds from Courtrooms or Marshal's posts. It is his belief that he was doing routine monitoring of the systems during those times alleged by the complainants/employees in this investigation. GARY MONTANO Mr. Montano stated he is a business owner in Milford who purchases approximately $1,500.00 worth of various gift cards to grocery stores several times a year, usually near the major family holidays. He said he has been giving the cards to CJM Candido for "at least twenty five years" because of his (Candido's) involvement with various charity organizations. Mr. Montano said he meets with CJM Candido at his house where he hands him the cards. Finally, Mr. Montano said he does not know whether CJM Candido is handing out the cards while working for the Judicial Branch or at the Courthouses. O'DONOVAN MURPHY, Director, Judicial Marshal Services

I I
'j

Mr. Murphy said that prior to this investigation, he was not aware that, nor did he give permission to, CJM Candido to hand out gift cards to members of the public or to provide "counseling" to these individuals.
FINDINGS:

I

1. CJM Candido interacted with four females, separate and independent of each other, in a similar manner. Namely, that he escorted them to his office where he engaged them in emotional conversations regarding cancer victims and charity work, and reinforced those conversations with various photo displays and stories that virtually cover every wall in his office. (Also see evidence portion of initial report.) He asked women about the demographic preferences of the men they dated, inquired if they were interested in him, played music from his computer, offered to assist them with employment, and provided his private office phone number to these individuals. CJM Candido displayed s~e behaviors after the inappropriate physical contact with and 2. CJM Candido used his influence and status as a Chief Judicial Marshal to facilitate these encounters. 3. CJM Candido hugged, kissed or attempted to kiss these individuals on their mouths. 4. CJM Candido showed _ and _ various camera views of the Court's security system, including views of court cases being actively heard. 5. CJM Candido displayed the Court's security system to other females.

-

28

6. CJM Candido escorted and/or met almost exclusively with females in his office for no known business related purpose. This activity is ongoing, rampant, and has been occurring for several years. These meetings range from several minutes to several hours. 7. CJM Candido's interactions with certain females as evidenced by security camera recordings indicate a familiarity with them to suggest he would be able to provide this investigator with information as to their identities. 8. CJM Candido improperly engaged in hugging, hand holding, horseplay, and placing his arm around females. 9. Subordinate staff and court personnel witnessed CJM Candido's interactions with these individuals and are aware that no business/security related rationale appears to exist surrounding these interactions. Subordinate staff and court personnel also observed CJM Candido escorting females to his office on nearly a daily basis. 10. Subordinate staff are either ignored or not properly supervised due to CJM Candido's activities.
CONCLUSION

Regarding his interactions with _, the allegation that CJM Candido violated the Judicial Branch Sexual Harassment in the Workplace Policy #607 and the Judicial Marshal On Duty Conduct policy 3, F, (1) is substantiated. Although _ is a member of the public and her relationship with eJM Candido was outside the employment realm, CJM Candido is precluded by Judicial Marshal Policy 3, F (I) from "engaging in sexual harassment of other workers, prisoners or members of the public in accordance with the existing Judicial Branch Administrative Policies and Procedures." Judicial Branch Administrative Policies and Procedures Policy #607, defines sexual harassment in the workplace as any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when "such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment." Sufficient evidence was presented to substantiate that eJM Candido abused the authority of his official position and status as Chief Judicial Marshal in a manner to facilitate a sexua~ relationship with a court patron in return for prospective favors that ___ ~M Candido was able to provide. This relationship, once begun, then placed ___ in a position to continue the relationship in fear of perceived retaliation from court personnel or the Court system. Such conduct creates a hostile, intimidating environment in contravention of the aforementioned policies. Regarding his interactions with _, the allegation that eJM Candido violated Sexual Harassment in the Workplace Policy and the Judicial Marshal Policy prohibiting sexual harassment is substantiated. (The specific polices violated are articulated above.) Sufficient evidence has been presented to substantiate that CJM Candido abused the authority of his position in a manner to get _ to his office for non-business
29

··~·«·'~"·-·----~'---"'j7'··-----·'···-···-·· .

- -----------.~-,--.--,

.-.~ . ····.······_··_--:--_· __ ·__·_--··,_······T··~.

related reasons. Once in his office, CJM Candido engaged, or attempted to engage, • _ in unwelcome physical contact in violation of the Branch's Sexual Harassment Policy. Regarding the Sexual prohibiting articulated his interactions with _, the allegation that CJM Candido violated Harassment in the Workplace Policy and the Judicial Marshal Policy sexual harassment is substantiated. (The specific polices violated are above.)

Sufficient evidence has been presented to substantiate that CJM Candido abused the authority of his position in a manner to get _ to his office for non-business related reasons. Once in his office, CJM Candido engaged, or attempted to engage, • _ in unwelcome physical contact in violation of the Branch's Sexual Harassment Policy. The allegation that CJM Candido violated the Judicial Branch Mission #101 is substantiated. Among its provisions, this policy states, "It is the responsibility of all Judicial Branch managers, supervisors and employees to work diligently at their assigned duties to accomplish the mission of the Branch." This investigation revealed that CJM Candido, while on Judicial Branch time, spends a considerable portion of his work day handing out gift cards and "counseling" court patrons. Such behaviors are not part of his job description nor are they approved by senior management. The allegation that CJM Candido violated the Role of the Supervisor in Carrying Out the Judicial Branch Mission Policy # 102 is substantiated. Among its provisions, this policy states, "Providing sound leadership in the work of accomplishing the mission of the Judicial Branch is the primary responsibility of all managers and supervisors." The frequency and pattern in which CJM Candido was observed by subordinate staff interacting with mainly young females when there was no apparent business related rationale requiring him to act in his official capacity, created an atmosphere inconsistent with the good judgment and the quantity and quality of the work the Judicial Branch requires from its management staff. The allegation that CJM Candido violated Judicial Marshal Policy 3, A, (5), Ethics, for failing to abide by a Written Warning and directive issued by Mr. D' Alesio is substantiated. (This finding supplements and is in addition to a finding in the original report.) This policy states, "Judicial Marshals shall adhere to all Judicial Marshal Services' policies, procedures, operational rules, regulations, post orders, general orders, special orders, directives and lawful instructions." CJM Candido was given a specific directive by Mr. D' Alesio via the above referenced Written Warning to "immediately cease providing assistance to individuals when that is assistance is not directly (Emphasis added by Mr. D' Alesio) related to the courthouse security and prisoner transportation system," and to limit volunteer services provided to non-Judicial organizations to offduty hours. Despite this warning, sufficient evidence has been established that CJM Candido continued to defy this order in a continuing, ifnot increasingly, rampant and insubordinate manner.

·t

I
I

!

I

I

30

- -- .---.--,-----------.. ..

~--------;.-______.._:~.-.--,-.-

-

_---.--------------:--------:"-:'.---------_

..,---..,··i···--------·--·-·-~-·· ..,..

The allegation that CJM Candido violated Judicial Marshal Policy 3, E, (4) Property, Equipment and Vehicles, by allowing court patrons to view the Court's security camera system is substantiated. This policy states, "Judicial Marshals shall not allow the use of any uniforms, property or equipment assigned to them for any other purposes, except to assist other Judicial Marshal Services staff in the performance of their official duties." Sufficient evidence exists to substantiate that CJM Candido abused the authority of his official position by showing females, who were in his office for non-business related purposes, various camera views of the Courthouse and Courtrooms. Sufficient evidence substantiates that the purpose of showing certain females the Court's security system was to keep these individuals in CJM Candido's office until their respective court matters were called. The allegation that CJM Candido violated Judicial Marshal Policy 3,A (3) Ethics, and 3, F (15), On Duty, by escorting and/or meeting primarily young females in his office for no business related purpose is substantiated. These policies state, respectively, "Judicial Marshals must at all times act in a manner that reflects favorably upon the State and the Judicial Branch" ... "Judicial Marshals shall not engage in any unprofessional behavior or illegal act that could undermine the order, efficiency or discipline of the Judicial Branch or that could discredit the Judicial Branch." This investigation revealed that this conduct is ongoing, rampant and has been occurring for years. This conduct also shows a pattern ofCJM Candido making physical contact with these young females on a steady and consistent basis. Finally, this supplemental investigation substantiates, and further supports findings of the initial report, that CJM Candido engages females in emotionally charged conversations regarding cancer victims and the charity work he does. The allegation that CJM Candido violated Judicial Marshal Policy 3, B, (20), Administrative Work Rules, is substantiated. This policy states, "Judicial Marshals shall cooperate fully and truthfully in any inquiry or investigation conducted by the Judicial Branch ... " Although several of the recordings show CJM Candido physically interacting with young females, the above referenced recording occurring on November 22,2011 is particularly disturbing in that eJM Candido's interactions with this individual would indicate a level of familiarity in which he would be able to provide this investigator with her name. Of particular concern to this investigator is the age of this individual and her physical mannerisms, which suggest that she was not completely comfortable with CJM Candido's displays of affection. Upon being shown this recording, CJM Candido, in addition to not being able to provide the identity of this individual, changed his story by identifying the individual he was meeting alone with in his office as "the mother," and then later changing it "to the 18 year old daughter." Due to the lack of corroborative information, the allegation that eJM Candido interacts with high school students on the Waterbury Green is not substantiated. Due to the lack of corroborative information, the allegation that CJM Candido interferes with, or attempts to influence court proceedings or matters is not substantiated.

31

_

c." ..•••

__

-r-r-rr=

,,"

_

--;.~------

"

_- ..__ ._----- _.-_

.

32

~ -

-.~

-

-

~~~~. _._.---

~

..

...

~,.-------"'"'~~-

.'.~'"' ....""j.'.

__.

.

.0

0

__

....

_

•••••

~

••• __ •••

._

-----

__ ---- __ ----:--~_-~~-,

•.... -.------.-

------

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->