Connecticut Commentary: Red Notes from a Blue State

Governor Dannel Malloy’s Nominee for Chief Justice of the Connecticut Supreme Court, Justice Andrew McDonald, was sent to the General Assembly with a negative recommendation. The nomination  passed in the House by one vote, where Democrats have a six member edge over Republicans, and is now headed towards the Senate, which is split 18-18 among Democrats and Republicans. The Republican leader in the Senate, Len Fasano, said on a radio talk show recently that he is inclined to vote down the nomination.  After viewing all McDonald's opinions -- and also interviewing McDonald -- Fasano feels that McDonald is prone to affirming a possibly flawed decision if the decision contains a partial narrative that supports his apriori views. For instance, McDonald believes that the death penalty may be racist because it falls disproportionately on blacks, a doubtful datum. If a decision to abolish the death penalty supported that view, McDonald would be inclined to support it. That mo...

Chief Justice of Connecticut’s Supreme Court Chase Rogers is retiring after 11 years. There are murmurs at the State Capital that Associate Justice Andrew McDonald might fill the vacancy. When all vacancies are filled, Governor Dannel Malloy will have appointed 6 of 7 Justices to the Court. McDonald, the youngest Justice on the court, was the lame-duck Governor's Chief Legal Counsel before he was appointed to  the Court by Malloy in 2013. McDonald had been with the Governor since Malloy’s salad days as Mayor of Stamford. Malloy’s Chief Counsels and political staff have been particularly favored during his administration. Luke Bronin, presently Mayor of Hartford, a city teetering on the brink of bankruptcy and in need of frequent cash transfusions from the state, also had served as Chief Counsel to Malloy.

Are we more safe now than we were before Governor Dannel Malloy’s prison czar, Michael Lawlor, began handing out get-out-of-jail-early credits to so called “nonviolent” incarcerated criminals? Ibraham Ghazal, the co-owner of an EZMart in Meriden, was not safe. Mr. Ghazal was murdered by Frankie Resto, a prisoner released early because the benefits of Mr. Lawlor’s program had been disbursed retroactively and not prospectively to Connecticut prisoners -- including rapists, which Mr. Lawlor evidently did not consider a violent crime. Death has its privileges, and Mr. Ghazal is now safe.

Connecticut’s Supreme Court has decided that the state cannot execute the eleven convicted killers sentenced to death awaiting punishment on Death Row.  Chief State's Attorney Kevin Kane ran up a white flag shortly after the decision had been rendered. According to a story in the Hartford Courant, Mr. Kane said the eleven Death Row inmates would be re-sentenced to life in prison without benefit of parole. The High Court’s earlier judgment on the death penalty was a sand castle built on sand: So said Chief Justice Chase T. Rogers, who last August wrote a stinging dissent following the decision of the court. The court at that time ruled that executing a Death Row inmate "would violate the state constitutional prohibition against cruel and unusual punishment." The death penalty, the court noted, “no longer comports with contemporary standards of decency." Three justices – Rogers, Justice Carmen E. Espinosa and Justice Peter T. Zarella offered a stinging rebuke...

Never letting a crisis go to waste, Democrats who favor national restrictions on guns have turned the assault in San Bernardino in the direction of gun control laws they favor. If U.S. Senator Chris Murphy is not leading the pack, he is barking loudly with the other hounds. A day after the terrorist attack in California, Mr. Murphy tweeted to the world, “ Your ‘thoughts’ should be about steps to take to stop this carnage. Your ‘prayers’ should be for forgiveness if you do nothing - again.” The Murphy tweet produced others chastising the Senator for devaluing prayer. But Mr. Murphy’s tweet was not so much an assault on the efficacy of prayer as it was a case of purposeful campaign posturing; tweeting brings out the worst in many of us. If people are unwilling to do something to stop the carnage, Mr. Murphy seemed to be saying, “their ‘prayers’ should be for forgiveness.” Mr. Murphy did not say in his initial tweet who should be forgiven or why (Baathist tyrants in Syria? Isla...

In 2012, the Democrat majority in the General Assembly abolished Connecticut’s death penalty while leaving the penalty operative for the 11 convicted murderers on death row, thus demolishing all their moral arguments against capital punishment. If the death penalty is cruel, unusual and morally indefensible, would it not be doubly inappropriate for convicted death row inmates? Hours before the bill was passed, this writer remarked : “The inevitable passage of the bill will unleash a flood of appeals that will at a minimum further delay the executions of Connecticut’s 11 death row inmates. It is almost certain that at some point in the future a Democratic dominated legislature supported by a Democratic governor, all of whom will have been instrumental in abolishing the death penalty, would be morally derelict in resisting the commutation of the death sentences of the 11 prisoners now awaiting execution on death row. The death penalty having been abolished for prospectiv...

Vice President Joe Biden came to Connecticut for two reasons: to raise money – this is, after all, election season – and to fist bump Governor Dannel Malloy. Mr. Biden had hardly arrived in the state when some faithful Democrats began to wonder whether Mr. Malloy had fallen out of favor with the White House. Why dispatch to such a faithful state a second string, gaff prone VP? Where was President Barack Obama?

A picture, it is often said, is worth a thousand words. In the case of a picture on the front page of a newspaper captioned “After Newtown,” the picture may be worth a thousand dead end arguments. The photo shows parents and children milling in the hallway of Henry Barnard Elementary School in Enfield on the first day of school. A bright yellow banner greets the students: “Welcome Back!” In the foreground of the picture, Kevin Hart, “one of the guards stationed at every Enfield school this year,” stands watch, his hands folded in front of him and a gun strapped to his hip. Mr. Hart is “a retired Hartford police officer hired as a monitor for Henry Barnard.” But for the pistol, he is inconspicuous and would arouse no notice.

The repeal of the death penalty has produced some aftershocks. Of course, the real aftershocks will arrive after the next heinous murder, though it should be said that the multiple murders of Steven Hayes and Joshua Komisarjevsky have set a high bar. These two worthies beat a husband with a baseball bat, tied him in the cellar of his house, forced his wife to draw out thousands of dollars from a bank, raped her, raped one of the daughters, tied both daughters to their beds, set fire to both, sprinkled the house with gasoline and murdered all inside but Dr. William Petit, who managed to escape and afterward demand the death penalty for Mr. Hayes and Mr. Komisarjevsky, readily granted to him by two separate juries. In Connecticut, death penalty cases require both a jury trial and a death penalty hearing. Somewhat like Ishmael of Moby Dick fame, Mr. Petit was a lone survivor, a rather chatty one, determined to seek justice for his wrecked Pequod. Anti-death penalty proponents found ...

The death penalty in Connecticut, after several previous attempts, was abolished today by the Senate in a 20-16 vote. The House is certain to pass the abolition bill, and Governor Dannel Malloy has pledged to sign it into law. Senator Edith Prague, who voted in favor of abolition before she voted against it, this time voted to abolish the death penalty prospectively. A prospective rather than a retrospective abolition of the death penalty, it is said by proponents of abolition, will leave untouched the death sentences of eleven inmates awaiting execution on death row,. After an emotional meeting with Dr. William Petit, the sole survivor of a home invasion Cheshire in which two now convicted murderers took the lives of his wife and two daughters, Mrs. Prague famously said of one of the two murderers convicted and sentenced to death, “They should bypass the trial and take that second animal and hang him by his penis from a tree out in the middle of Main Street.” But emotional res...

A decent time having elapsed, sort of, since two multiple murderers had been sentenced to death for having 1) beaten with a baseball bat a husband of a family in Cheshire, 2) forced the husband’s wife to travel to a bank to withdraw funds for the two murderers, 3) raped the wife and one of the daughters, 4) bound the daughters to their beds, 5) set fire to the house, murdering the daughters and their mother, anti-death penalty legislators in the General Assembly are planning once again to file a bill that would prospectively abolish the death penalty, replacing it with a sentence of life in prison without possibility of parole. Prospective abolition would leave intact the 11 death penalty sentences of the murderers awaiting justice on Connecticut’s death row. Such a bill would leave intact the legislature’s power to commute death penalty sentences to life in prison at any time after the General Assembly had abolished the death penalty. Unlike most states, the pardon power in Connect...

There was a point during the Cheshire murder trial when one of the defense attorneys representing accused murderer Joshua Komisarjevsky became concerned that small pins worn by family members of the murder victims might unduly prejudice the jury against their client. The judge in the case, Jon Blue, ruled that the pins were not so indiscrete as to trip the prejudices of jurors. The pin challenge by the defense followed by some months the publication of an interview Mr. Komisarjevsky gave to a reporter while incarcerated that was, the First Amendment still being the law of the land, widely covered by several state newspapers. The Komisarjevsky prison interview was fashioned into a hastily written book that found its way into libraries across the state. An effort was made, unsuccessfully, to pry the book from the hands of aggressive librarians conversant with the First Amendment. Mr. Komisarjevsky, a very talkative fellow, also made a statement to police shortly after he was appreh...

Taking Back The Courts What We Can Do To Reclaim Our Sovereignty By Norm Pattis Publisher: Sutton Hart Press Price: $22.95 Attorney Norm Pattis, the author of “Taking Back the Courts: What We Can Do to Reclaim Our Sovereignty,” is viewed by other lawyers as a cross examination impresario. If this particular talent is a gift, it is one that in Mr. Pattis’s case has been honed throughout his years practicing law as a criminal defense attorney in Connecticut. Mr. Pattis is used to thinking outside the box – very quickly. He is disputatious, capable of mastering a complex briar patch of facts and legal precedents in quick time and effortlessly applying the relevant points in his summations. And he has a pony tail. Pony tails, however, may be deceptive. They evoke the silly sixties, free love, pot and the slow evisceration of the antique morality of benighted backward looking parents of the Woodstock generation. But as Mr. Pattis’ ponytail swishes through the chapt...

A demand by Joshua Komisarjevsky’s importunate lawyers that Dr. William Petit, the sole survivor of a murderous attack on his family, should be sequestered during the trial of Mr. Komisarjevsky has not been met by Mr. Petit with a correlative demand that Mr. Komisarjevsky’s lawyers should also be sequestered. Among other things, sequestration might keep their unreasonable demands out of the media and in the courts, where they might be dealt with more swiftly than the unnecessarily prolonged Komisarjevsky case.

“The 'most prolific' serial killer in U.S. history” has now been sentenced to death, according to  a report in the Daily Mail . It is suspected that Rodney Alcala, whose picture is shown here, murdered upwards of 130 young girls and women. Alcala is due to be executed by lethal injection for the murders of a twelve year old girl and four women. He has admitted killing another 30 women in the 1970’s. An amateur photographer, Alcala left behind hundreds of pictures of women, some of whom were his victims. “He committed unspeakable acts of horror,” said prosecutor Matt Murphy, “He gets off on the infliction of pain on other people. He's an evil monster who knows what he is doing is wrong and doesn't care.” Detective Claiff Shepard places Alcala “right up somewhere below Hitler and right around Ted Bundy. It is not humane what he does to these victims. It is torture.” Alcala raped his victims, strangled them until they lapsed into unconsciousness, then revived them ...

It is not likely that Joshua Komisarjevsky, one of the two alleged murderers in the Pettit case, need fear a cell invasion. But the lawyers for his partner in mayhem, Steven Hayes, who along with Komisarjevsky is accused of invading Dr. William Petit’s home and murdering his wife, Jennifer Hawke-Petit, and her two daughters, Hayley, 17, and Michaela, 11, now are seeking an arrest warrant for Komisarjevsky. Hayes’ lawyers claim that Komisarjevsky has committed “criminal contempt of court” for having disregarded a judge’s gag order. Principles in the case are under a judge’s instruction not to chat it up before trial for fear the court may not be able to empanel a dispassionate jury. It is supposed by some defense attorneys that if a jury member has read about the events at issue in trial, the juror will be “tainted” and thus unable to render a just verdict. Good judges dispose of the worry by instructing jurors that in their deliberations they may only consider evidence pres...

It is always just a wee bit tricky to use the word “redemption” in connection with capital punishment, because redemption is a religious category. To be redeemed means to be saved. “We are all saved in the blood of the lamb.” This means that Christ’s sacrifice on the cross has saved us from our sins. Presumably those sins may include multiple murders. Catholics believe that sin demands expiation on the part of the sinner; penance is expiation. Protestants believe that good works are not useful in the redemptive scheme; we are redeemed by the grace of God alone. A couple of years ago, according to state prosecutors, two petty criminals, Steven Hayes and Joshua Komisarjevsky, both on parole at the time, broke into Dr., William Petit’s house, brutalized the doctor by beating him unconscious with a baseball bat, forced his wife to go to a bank and withdraw cash, raped his wife and daughter, tied his two daughters to a bed and set his house on fire. All the members of Dr. Petit’s family sa...

Lets take this one step by step. In a recent editorial, the Hartford Courant inveighs against Connecticut’s death penalty law. “A legislative committee,” the paper advises, “has taken a brave step toward abolishing Connecticut's death penalty, a law that is all but unworkable, not to mention expensive, unfair and risky." The bill abolishing the death penalty was brought forward by the same folk who recently sought unsuccessfully to deprive Catholic bishops of their responsibility, in an apostolic structure, of determining the finances of their organization. The Catholic Church also opposes the death penalty, for legitimate religious reasons. Now, why does the paper think that bringing forth such a bill is “brave?” It may be right, according to the revised religious precepts of the Catholic Church, but why is it brave? Is the opposition to the death penalty in Connecticut so fierce and unrelenting that those who have petitioned for its abolition are in some sense threatened?...

“And I alone am left to tell the tale” – Ishmael in Herman Melville’s Moby Dick According to a news report , the judiciary committee, presided over by chairmen Michael Lawlor in the House and Andrew McDonald in the senate, both lawyers, had been tossing around the question whether the legislature should abolish Connecticut’s death penalty for about eight hours when the proverbial skunk showed up at the garden party. Connecticut’s chief public defender, Susan Storey, testified that the death penalty was a drain on state resources and did not deter crime. Other speakers came forward and said that capital punishment was immoral. Co-chairman of the committee Michael Lawlor said earlier in a press interview before the hearing, "No one's going to be executed in Connecticut unless they want to be executed. This is really a fraud of a public policy." Mr. Lawlor was referring indirectly to the execution of serial killer Michael Ross , whose trial and execution took an inordinatel...

There are some wounds time won’t heal. Such is the murder of three members of Dr. William Petit’s household. The household -- Dr. Petit, his wife and two daughters – was attacked by two career criminals, Steven Hayes and Joshua Komisarjevsky, both on parole. A recent news story – “Second look, A Year After Cheshire Home Invasion, William Petit Speaks Up For Tougher Crime Laws” – pithily describes what happened: “On a July night in 2007, intruders clubbed and trussed Petit at his home in Cheshire, the start of an ordeal that ended with the deaths of his wife, Jennifer Hawke-Petit, and their daughters, Hayley, 17, and 12-year-old Michaela. “Hawke-Petit and Michaela were raped. The mother was strangled. Both daughters were left bound in their beds, the house doused with gasoline and set afire.” The scene of the crime has since disappeared. Where before there was a house and a family, now there is nothing. The erasure process, sometimes confused with a healing process, has now be...