KCC Law Firm

8/12/2006
Stephen Rosenberg and Karen Kravetz

On October 12, 2006, the Connecticut Appellate Court convened an actual court session in the auditorium of New Haven's Wilbur Cross High School. This special event was the idea of the Honorable Lubbie Harper Jr., an Appellate Court judge who is a graduate of Wilbur Cross.

Students from New Haven's public high schools attended the arguments, which were presided over by a panel consisting of Judge Harper, Judge Chase Rogers and Judge Douglas Levine. The judges heard oral arguments in two criminal appeals, State of Connecticut v. Charlie Santiago, which involved a murder conviction, and State of Connecticut v. Kenneth Wells, which involved convictions for attempt to commit first-degree assault and conspiracy to commit first-degree assault.

After arguments for each case, the judges and court staff left the auditorium to allow the students to participate in a question and answer session with guest panelists Attorney Tara Knight, Professor Ronald Sullivan of Yale Law School, and Professor Timothy Everett of the University of Connecticut School of Law. The students also asked questions of the four attorneys who argued the cases: Lauren Weisfeld, Nancy Chupak, Glenn Falk and James Ralls.

The students prepared their questions with the help of the New Haven County Bar Association and local attorneys, who had visited classrooms on September 27th to teach the students about the court system, courtroom decorum, and the two cases that the Appellate Court would hear on October 12th.

This year, the NHCBA is celebrating over 100 years of serving local attorneys and the community. "Public education is and always has been a very important part of our mission", said Joseph L. Rini, NHCBA Immediate Past President and a member of the organizing committee. The idea for the event was created during Rini's year.

"This is one of the biggest events the NHCBA Public Service Committee has ever hosted and represents a wonderful collaboration between the Bar and high school teachers", stated Carolyn Kone, co-chair of the NHCBA Public Service Committee, event organizer and an attorney at Brenner, Saltzman & Wallman in New Haven.

In preparation for the Appellate Court event, the NHCBA collaborated with the Judge Harper and the Judicial Branch, twenty-six attorneys, fifteen law firms and legal organizations, thirteen high school teachers, professors from Yale, University of Connecticut and Quinnipiac University, and hundreds of students at ten area high schools.

NHCBA would like to thank the entire Appellate Court, and Judge Harper in particular, for providing the students with this wonderful learning experience. NHCBA would also like to thank the New Haven Public School system, the teachers at New Haven's high schools, and the attorneys who devoted their time and energy to this endeavor (see related box).

Finally, many thanks go to the members of the organizing committee, who spent hours pulling everything together: Rini, Kone, Karen Kravetz (Susman, Duffy & Segaloff), Rachel Mandel (Tyler Cooper), Stephen Rosenberg (Murtha Cullina), and NHCBA staff member Martha Messier.

2/1/2006
Dirk Perrefort CT Post

MILFORD - An Ansonia man broke into tears Tuesday when a Superior Court judge acquitted him of charges that he conspired with his wife to embezzle nearly $500,000 from an elderly man.

Wilbert Howard, 56, wept as Judge Brian Fischer ruled there was insufficient evidence for a jury to find him guilty of felony charges that he conspired with this wife, Linda, a home health care worker, to swindle the life savings of Ansonia resident David Seymour.

The prosecution had accused Howard of cashing several checks, worth at least $25,000 each, that his wife had allegedly endorsed the using of a rubber stamp of the victim's signature. Howards's attorney, Tara Knight of New Haven, presented a motion of acquittal shortly after the state rested its case against her client Tuesday.

"The state was unable to meet its burden of proof," Knight said. "There was no evidence presented that my client had any criminal attempt."

Knight described her client as a simple and quiet man who was not involved in the household finances. She said Linda Howard told her husband that the money was advance payment for her services as a home health care worker for Seymour, who was in his early 80s and suffering from Parkinson's disease when he was allegedly bilked of his savings.

Linda Howard continues to face several charges in connection with the allegations,including first degree larceny. The six-member jury is expected to begin deliberations on the case today.

The state alleges that Linda Howard stole nearly $500,000 from Seymour, who died destitute in 2004, at the hospital after all his accounts had been cleaned out, court documents state.

Seymour's niece, Claudia Sinal, testified earlier in the trial that restraining straps were found in her uncle's home, suggesting that Linda Howard had mistreated him. She also told the jury her uncle's house was in shambles.

Deputy Assistant State's Attorney Annemarie Braun, who is prosecuting the case, declined to comment while the case is pending.

6/16/05
Michelle Tuccitto

A triple shooting sparked by a divorce case left few in the legal community surprised Wednesday - as many said family court is vastly more contentious and emotional than most criminal cases.

Retired state trooper Michael Bochicchio Jr. fatally shot his estranged wife, Donna, serious wounded her Waterbury-based attorney, Julie Prozio, then shot himself outside a Middletown courthouse.

The couples' divorce action, filed by Michael Bochicchio in 2003, had been a battleground over issues of child custody, alimony, and protective orders, court records show.

Those in the legal community had few ideas for what could be done to prevent similar tragedies.

Attorney Terry Donovan of Old Saybrook, who practices family law extensively, said family court is extremely volatile, with good people at their worst

"I'm not surprised to see this happen, and you hear of it around the country," Donovan said Wednesday. "I don't have a solution other than outlawing guns, which I doubt will happen."

No attorney is listed on the Judicial Branch website as representing Michael Bochicchio.

According to Donovan, representing yourself in a contentious family or divorce case can make matters worse, the pressure higher

"They can get over their heads trying to represent themselves," Donovan said.

Attorney Tara Knight, whose office is in New Haven, said she believes Wednesday's tragedy is an isolated incident, but she has experienced the high emotions of family court.

While Knight handled family cases years ago, she decided to go with criminal defense instead.

"I feel more sade in the criminal arena rather than family court," said Knight. "The emotions in family court can be overwhelming. Family court is more dangerous in general, because people are dealing with custody, visitation rights and betrayals. Sometimes those factors add up to explosions."

1/15/01
Kellie A Wagner, CT Law Tribune

Criminal defense attorney Tar Knight likes to keep it real. After all, she thinks of herself as somone working to "get regular people out of trouble."

But the attorney from Knight, Conway and Cerritelli in New Haven is anything but your average criminal defense counsel, according to Mickey Sherman and Hugh Keefe, who are often caught in, or step into the spotlight while defending high profile cases like Beth Ann Carpenter, Michael Skakel, or Peter Reily.

"Some say she [Knight] is up and coming," Keefe said. "But she has arrived. She has a golden future in this profession."

Maybe it's Knight's friendly smile or petite figure that makes her so approachable, but those who have worked with her during her 10-year career as a criminal defense attorney don't think of her as just another pretty face in the legal field.

"Tara's problem/asset is that she doesn't look like a criminal lawyer," Sherman said of the 35-year old attorney. "She has to fight every day to be taken seriously. What people have to understand is that Knight is an excellent criminal lawyer, ad detailed persona and a law person - unlike classic hip-shooters like myself."

For all the praise from her male counterparts in criminal defense law, Knight, a graduate of Suffolk Law School in Boston confirmed that getting others to respect her work has been a challenge.

After working for three years with the firm of Nathanson and Cipriano in Hamden, Knight said she started her own firm in an office overlooking reailroad tracks and equipped with only a fax machine and a telephone, in an effort to be more independent and to focus on solely criminal work.

She began talking to bondmen, and going to courts regularly, to get an idea of who might need representation. Knight also requested felony cases as a special public defender, and joined numerous criminal defense organizations

Keefe, who has consulted with Knight on past cases, including the Beth Ann Carpenter case, recently asked Knight to join him as co-counsel again - this time on behalf of Peter Reilly.

Members of the state police continue to examine DNA evidence in the murder of Reilly's mother, Barbara Gibbons, who was killed in New Canaan in 1973.

Public Safety Commissioner Arthur Spada recently sat down with Knight, Keefe and Reilly, who was first convicted then exonerated in Gibbon's death.

"Arthur Spada couldn't have been more accomodating," Knight said. "He went above and beyond his call of duty. I know Peter is very happy with all of the developments."

Although no killer has ever been gound since Reilly was cleared, the now 45-year old musician claims he knows how his mother's killer was. And he has had a tense relationship with state police over the past two years as he has tried to have hairs found in his mother's hand tested by new technology. The department has agreed to have further testing done.

Keefe said he asked Knight to serve as co-counsel for Reilly in part because of her incredible media-savvy. Knight is almost as much a regular on Court TV as "Mickey" Sherman is.

Rikki Klieman, an anchor with Court TV and a criminal defense attorney practicing in Boston, praised Knight's work.

"Tara Knight is one of the most commited people to fight for (her clients)," Kliemann said. "It is a deep-seated commitment that is not a joke."

Meanwhile, Knight is scheduled to make another appearance on national television. She, along with Keefe and Reilly, was recently interviewed by A&E about the unsolved Gibbons murder for an upcoming spot on the cable channel.

11/11/02
Tara Knight

I recently tried a case where a police officer identified my client as the individual who sold her a piece of crack cocaine. She was certain, of course. This was despite the face that the transaction took 30 seconds, part of which time she spent studying my clients feet, so much so, that she could describe to the jury , in great detail, the stitching on his shoes.

She was certain, of course, despite the fact that she was a rookie cop acting undercover in a high crime area and admittedly under a lot of stress. She was certain even though her identification of my client in a photo spread took place three weeks after "the buy."

Implausible? To me - yes. To the jury - no. After all, she was certain.

The "vagaries of eyewitness identification," which were written about by the US Supreme Court in a 1967 decision, US vs Wade, are well known, at least to criminal defense lawyers and to those who study the subject in depth.

Consider the State vs Ronald Cotton, a September 15, 1991 decision from North Caroline. In 1984, Jennifer Thompsonm then a 22-year old college student with a 4.0 grade point average, was raped at knife point. At trial, she testified that during the ordeal she studied her attacker's face, enabling her to identify him from photos at the police station several days later. She was 100 percent positive. No doubt in her mind.

The problem was that DNA evidence exonerated Ronald Cotton after he spent 11 years in prison. Afterward, Thompson not only acknowledged her mistake, she also lectured about her experience.

So what's a lawyer to do when faced with someone, especially a police officer or a sympathetic victim, who is "certain" of his or her observations?

Defense attorneys can and do file the requisite motions to suppress. But unless the identification procedure is set up in an egregious fashion, there are blatant disparities in suspect's appearances or the police are caught on tape coaching a witness, motions to suppress are rarely granted.

Defense attorneys can request cautionary instructions from the judge or special jury instructions from the judge or special jury instructions at the end of the case that explain the weaknesses of eyewitness identification.

Typical jury instructions ask the jury when assessing witnesses testimony, to consider how confident each witness was when makin his or her identification. This instruction actually is contrary to the belief among psychologists familiar with the subject that confidence does not guarantee accuracy.

It is now all too clear that when an eye-witness's identification is the centerpiece of the prosecution's case, the defense must offer expert testimony on the subject. This is more difficult, however, than it should be.

The cast number of trial judges are hostile to defense counsels' attempts to educate juries about the "vagaries" of eyewitness identifications. They routinely exclude such evidence on the grounds that the assessment of the reliability of an eyewitness's identification is within the jury's common knowledge

The problem with eyewitness identification testimony is that what a witness says is true because the witness saw the event with her own eyes is most likely to be believed by juries, yet actually may turn out to be unreliable. During cross-examination, eyewitnesses should be asked: How far away was the witness? Were there obstacles obstructing the view? What were the lighting conditions? Does the witness have poor eyesight? What was the duration of the observation?

What's not as well known is that, according to the scholarly literature, there is no correlation between the confidence a witness expresses and the accuracy of his or her identification. High stress reduces accuracy. And studies show that even if a witness view a suspect for a lengthy period of time, if there are corrupting factors, the witness may not remember it accurately.

Experts have found that there is a decreased accuracy in the identification of a suspect of one racial group by a witness of another racial group. Accuracy also decreases when a weapon is present. And an initial identification by a witness may influence that same witness's later identifications

Susan Haigh - New Haven Register

Contending that the death penalty is unconstitutional and a waste of taxpayer's money, a statewide association of defense attorneys urged Gov. M. Jodi Rell and the state legislature on Thursday to stop this month's execution of serial killer Michael Ross

The 300 member Connecticut Criminal Defense Lawyer's Association wants the legislature to abolish the death penalty. The group also is asking state residents to contact their lawmakers to act before the scheduled Jan. 26 execution.

"The system is broken. It makes mistakes... This is what's going to happen when we start killing people," New Haven attorney Hugh Keefe said.

Keefe said defense attorneys know firsthand about the mistakes made in Connecticut's criminal justice system. nearly every one of the 50 lawyers at the state Capitol news conference raised their hand when Keefe asked whether they've had an innocent client wrongly arrested or convicted.

But Rell is standing by her decision not to grant Ross a reprieve.

Michelle Tuccito - New Haven Register

A Superior Court Judge on Friday dismissed a disorderly conduct charge against the Rev. Jesse Jackson, who had been arrested for obstructing traffic at a Yale University strike in December.

Superior Court Judge Stuart Bear also dropped the charges against two of Jackson's fellow demonstrators, the Rev. Scott Marks and the Rev. William David Lee.

The state's attorney's office had entered a nolle in the cases, which means it didn't plan to pursue the charges, but had the option of reopening the cases within 13 months.

However, Bear granted a defense motion to dismiss the charges entirely.

"In Dr. Martin Luther King's tradition, there are times when you must be willing to use your body as a sacrifice," Jackson said as he was leaving the courthouse.

"Our intent was to eliminate the conditions of the workers, even if it mean serious sacrifice. We were willing to face the consequences. We ultimately were victorious in this round of the struggle." He said.

Jackson and other members of his Rainbow PUSH Coalition were arrested in September after leading thousands of marchers downtown.

Jackson was showing support for Yale University's striking union clerical, technical and service workers, who were fighting for better wages, job security and pensions.

In an act of civil disobedience, the group sat down and blocked the intersection of Elm and College streets. Police then arrested them.

The strike ended later in September, when unions ratified a new contract.

When asked about how many times he has been arrested during demonstrations of civil disobedience, Jackson said "it is in the double digits."

Several courthouse staff members of the public asked Jackson for his autograph and to shake his hand as he was leaving Friday.

Attorneys Hugh Keefe and Tara Knight have been representing the approximately 300 people who were arrested during the demonstrations. Most of the cases have been tossed out.

"I think it takes a certain amount of willpower and panache to be willing to get arrested, get handcuffed, get photographed and get booked - knowing you'll have to come back and face the charges," said Keefe.

"I know the union is very appreciative of all the people who were willing to submit to being arrested," he said.

Bob Proto, president of the Greater New Haven Labor Council and Local 35 of the federation of University Employees, expressed gratitude to everyone who helped out.

"I feel as though hundreds of workers, community and religious leaders made a great sacrifice in support of our cause to get good contracts," Proto said. "We are thankful for that outpouring of support. Rev. Jackson has always come when working people are in a struggle with their company."

With the cases being nolled and dismissed, the question remains - will there be any repercussions if demonstrators are disorderly or block traffic in the future?

Supervisory Assistant State's Attorney Davide Newman, who handled the case in front of Bear Friday, could not be reached for comment.

New Haven police capt Stephen Verrelli, the head of the patrol division, said the department views itself as partners with the state's attorney's office and was in "no way annoyed, mildly or otherwise" at the charges being dropped.

"We did what we needed to do for public safety." he said Friday. "The court did what it needed to do."

Angel Pascopella - New Haven Register

Two West Haven youths may be heading for a trial this fall in Milford Superior Court on charges that they participated in a racially charged beating of a black teenager in March.

John Buonomo, 17, of Park Street, and Robert J. Cahill, 19, of Noble Street, appeared in court Tuesday with their attorneys and several family members. Both face charges of assault.

Tara L. Knight, attorney for Buonomo, said she rejected the State's Attorney's Office's offer for accelerated rehabilitation for her client. "He's completely innocent and he wasn't involved," Knight said after the court appearance.

Antonin Buonomo, Buonomo's father and a West Haven city Council member, sat with his son during the brief court appearance. he later proclaimed his son's innocence.

"I think the whole thing was blown way out of proportion," he said. "They got the wrong kids."

Their case was put on a trial list and bother were ordered to return to court on September 10th.

Assistant State's Attorney Kevin Lawlor said earlier that the judge saw enough evidence to proceed with the case. "They can complain all they want but the judge has found probable cause," he said.

The case stems from a March 28th assault on a 15 year old black New Haven boy, who was walking along Campbell Avenue with a 13 year old white West Haven girl. Six youths; four white and two black, were arrested and dace assault charges.

James Stevens, 18, and James Greco, 17, of Cottage Street, also appeared in court Tuesday in connection with the case. their cases were continued to Aug. 27.

The black youth, who has recovered, has claimed Greco used a racial epithet during the alleged beating, but Greco denied the allegations.

Greco, who was with his Attorney Richard W. Lynch Tuesday, was the only teenager charged under the state's hate crimes statute. But local civil rights leaders have said the beating underscores predominant racism in the city.

Stevens said before the court appearance that he never touched the black youth, although he was allegedly nearby.

"I know in my heart I didn't do nothing," he said.

William Kaempffer - New Haven Register

A day after a strip club owner said he'd close his establishment for good, police announced the arrest of a teenager in a slaying that occurred inside the nightspot.

Steven Gary, 17, of 112 Greenwood St. faces charges of murder, unlawful discharge of a firearm and reckless endangerment in the May 21 slaying of Ephraim Gilliard, 28. Te shooting happened at Live Wire, a dance club at 588 Ferry St. in Fair Haven.

Sgt. Bryan T. Norwood, head of detectives, said Gilliard was shot after an altercation inside the club but may not have been the intended target.

Gary was jailed Thursday at the Community Correctional Center in Bridgeport in lieu of $125,000 bond. Hew has been incarcerated since June 16th on other charges stemming from a violation of probation.

Police say Gilliard and Gary were at Live Wire during an after-hours party. Gary and another man allegedly got into a fight inside the club moments before the shooting. Police say Gary pulled out a handgun to retaliate and shot Gilliard by mistake.

"We feel it was unintended." Norwood said.

Announcement of the arrest came a day after Live Wire owner Jermain Fuller withdrew an appeal of a city order that forced him to shut down.

Fuller decided to stop fighting efforts by the city to keep the controversial club closed and hope instead to turn the building into affordable housing.

City officials have maintained the Live Wire's after-hours activities violate zoning laws. The club also has been criticized because three murders have occurred in or near it in the past decade ad neighbors say it attracts prostitutes and drug dealers.

The Gilliard slaying happened three days before a city cease-and-desist order would have closed the club.

Gary emerged as a suspect early in the case and was questioned by police two days after the killing.

Norwood said police secured a warrant for his arrest this week.

During the seven week investigation, he said, Detective Reginald E. Sutton interviewed a witness who identified Gary as the shooter. Detective Raphael Segarra Jr. also interviewed a series of witnesses "who led us to our conclusion," Norwood said.

Glenn M. Conway, whose firm represents the suspect, said Gary maintains his innocence.

Conway's partner, Tara L. Knight, has filed a police internal affairs complaint against the detective bureau, maintaining they forbade her from getting access to her client while police questioned Gary May 23rd.

She stated police "flat out denued me access to my client advising me that my client was not a minor and had not requested an attorney," according to her complaint.

"The continued interrogation of a ... 17 year old boy while counsel, at his mother's request, waited in the lobby of the police station is egregious," Knight wrote.

09/23/2009
City of Derby - Freedom of Information c

Allegations may be corroborated without rising to the level or probable cause that a crime has been committed and therefore not meet the Freedom of Information Act exemption for uncorroborated allegations found in CGS 1-210(b)(3)(G). E. Gregory Cerritelli requested a copy of police reports, affidavits, correspondence and dispatch cards related to a certain complaint from the City of Derby Police Department and its chief. The request was denied on the grounds that the records consisted of uncorroborated allegations that an individual had engaged in criminal activity that would be subject to destruction pusuant to CGS 1-216. Cerritelli appealed to the Freedom of Information Commission that reviewed the contested records in camera.

The FOIC found that the respondents prepared an arrest warrant based on the allegations set forth in the records but that the State's Attorney found a lack of probable cause. The respondents now consider the case to be closed. Looking to the dictionary definitions of "corroborate" and a prior Freedom of Information Act decision, the FOIC found that the in camera records contain accounts of incidents told to the respondents by different individuals and information that tends to strengthen, add weight and support the allegations made. Allegations may be corroborated without rising to the level of probably cause that a crime has been committed. The FOIC concluded that the records at issue did not contain uncorroborated allegations within the meaning of CGS 1-210(b)(3)(G) and were not permissibly exempt from disclosure under that provision. The respondents violated the disclosure of CGS 1-210(a) and 1-212(a) by denying the complainant's request and were directed to provide a free copy to the complainant.