Law

The Scarlet Badge – Jury Selection in the Anthony Maio Case

I spent yesterday in jury duty and was selected for the Anthony Maio Case. New Haven Police Officer Anthony Maio is accused of two counts of Fourth Degree Sexual Contact without Consent and two counts of Second Degree Unlawful Constraint in an incident where he allegedly groped two Yale Students in a private bathroom at the nightclub, BAR one evening.

During Voir Dire, I was questioned by the attorneys and Judge Blue about my knowledge of the case and my ability to deliver a fair and unbiased decision. It was a very interesting set of questions that I think are very illustrative of the considerations that should be made in selecting jurors and I hope to write a detailed account later.

I had a certain amount of knowledge about the case before being empanelled as well as a friendship with the Mayor and certain reporters that have covered the case. While I believe that I could most likely have separated in my mind what is presented as evidence and what I know beforehand, what the law says and what is right and any feelings I have about people involved in the process, including journalists and politicians, it would be reasonable for people to doubt if I could be fair and impartial and I believe that the judge did the correct thing in excusing me from serving on the jury, as much as I would have been interested in serving on that jury.

During my questioning, I mentioned my role in 2005 as BlogMaster for Mayor DeStefano’s Gubernatorial campaign, and last night people search on this and read my blog post from when I started in that role. I hope that people who read that will come back to read future posts about the case.

Besides writing about my experience in the jury selection process, I am considering attending parts of the trial and writing about it, if I can work it into my schedule. The trial raises many interesting questions that I believe would make good material for blog posts.

I will be off at the Falcon Ridge Folk Festival for the next several days. After I return, the trial is scheduled to start on August 3. However, there is a UNESCO conference at UConn the same week and I am sure I will have plenty of other things to work on, so I will have to carefully balance my schedule.

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Exploring the Death Penalty: The case of Richard Roszkowski and Holly and Kylie Flannery

Last week in Bridgeport, the trial of Richard Roszkowski, convicted of two counts of capital felony and three counts of murder entered the penalty phase. If he is given the death penalty, he will become the 11th person on death row in Connecticut. The same week, Gov. Rell vetoed a bill to repeal the death penalty in Connecticut.

Gov. Rell’s veto was covered by hundreds of news stories. Dr. Petit, whose wife and two daughters were brutally murdered has received a lot of press. Mr. Roszkowski’s trial received by but a few stories.

People have suggested that this illustrates the uneven application of the death penalty. The murder of the wife and daughters of a doctor gains much more notoriety than the murder of the girlfriend of a career criminal and her daughter.

One trial lawyer, upon hearing about my interested in the death penalty suggested that I attend some of the trial and perhaps provide additional coverage. So, today, I attended part of the hearing. Read on to get my experience.

Judiciary Committee Co-Chairmen Ask Governor for Proposal to Fix Death Penalty

As a general rule, I believe that bloggers should read press releases, analyze them, and provide context and insight. However, I've been in DC for the past few days, will be in New York today and in Springfield on Saturday, so I don't have the time or energy to give the following letter from Sen. Andrew McDonald and Rep. Mike Lawlor to Gov. Jodi Rell the attention it deserves.
So, below the fold, you will find the letter, as it is. Hopefully others will have time for reflection and comments.

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Tinkering with Students’ Lives



Lauren Doninger and Mary Beth Tinker, originally uploaded by Aldon.

In December 1965, a thirteen year old student wore a black armband to school to protest the Vietnam war. It was a small act, and did not lead to any immediate de-escalation of the conflict in Vietnam. She probably didn’t expect her arm band to end the war, but she also probably didn’t expect it to change her life, and the life of others that way it did.

Four years later, the Supreme Court ruled that the school violated Ms. Tinker’s First Amendment Freedom of Speech when they sent her home for wearing that armband.

Last night, she spoke at the ACLU of Connecticut’s Milton Sorokin Symposium, “Students and Schools Pushing the Limits of Free Speech”. The evening started off with Justice Richard N. Palmer presenting the 2009 First Amendment Essay Contest winners. These students had written essays on the topic, “In what circumstance should a school be able to punish students for their speech off campus?”

The evening was moderated by Laurie Perez of Fox 61 News who has written about the Doninger case and noted that this case is the most searched item on the Fox 61 News website.

Many lawyers seemed star struck to be in the presence of a plaintiff of such an important Supreme Court case. What sort of message would Ms. Tinker deliver? How had the event changed her life? What were the influences that led her to wearing the arm band on that fateful day, and what had her life turned out to be like forty years later?

Ms. Tinker spoke about her father being a Methodist minister and how she had been brought up with the exhortation to comfort the afflicted and afflict the comfortable. She spoke about moving out of one town because of her father’s involvement in the Civil Rights movement and dinner time discussions about her parents’ experiences going to register voters in the south in 1964.

She commented that “That’s the sort of person I want to be, to stand up for what is right”, and spoke about the importance of telling stories not only about Cinderella, but also about brave people who stood up for what they believed in.

Clearly, her parents’ simple acts of courage had a hand in shaping her life, as did her experiences with the famous lawsuit. She became a nurse and works mostly with trauma patients; gunshots, knifings, and accidents. She spends her free time going from one event to another, trying to help students find their voices, to stand up for themselves, and to lead the way to a better world.

She spoke as a nurse, recognizing that one of the most important things a student can do for their long term health is graduate from high school. She spoke about advocating for ‘democratic schools’ and noted that a punitive approach to education, especially regarding what happens beyond the school yard gate drives students away from schools. She talked about the problems with the school to prison pipeline.

In many ways, her talk could be summed up in the simple words she often tells students, “You are going to make history with your small actions or inactions”. As she spoke, I thought of a different quote from Robert Kennedy:

"Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current that can sweep down the mightiest walls of oppression and resistance."

Her parents sent forth a tiny ripple of hope, it crossed the ripple of hope she and her fellow students sent out, it now crosses the ripples of hope sent out by the students whose lives she has touched as she goes around the country encouraging students to speak up.

After she spoke, Patrice McCarthy, Deputy Director and General Counsel for the Connecticut Association of Boards of Education spoke. It must be following such a powerful speaker, but Ms. McCarthy held her own and her remarks and the question and answer period deserve their own post.

So, I put up my blog posts and wonder what sort of effect my small actions might make. I wonder about the actions of other bloggers I visit online. We may never see the effect of our actions the way Ms. Tinker has, but we should all keep to our little actions and our hopes for a better world.

Randy Steidl and Jodi Rell

Five years ago today, Randy Steidl walked out of the Danville Correction Center in Illinois after having spent over seventeen years in prison after having been wrongfully convicted in the 1986 murder of Dyke and Karen Rhoads.

It was a gruesome murder, two people brutally stabbed and the house set on fire in a peaceful community where these sort of outrages are unexpected. Mr. Steidl, together with Herb Whitlock where convicted of the murders on questionable testimony.

As I read about the case, I cannot help but consider the parallels and differences between this case and the Cheshire Home Invasion.

Both cases are likely to be on the minds of many this afternoon as Mr. Steidl, together with Sister Helen Prejean, author of Dead Man Walking and The Death of Innocents: An Eyewitness Account of Wrongful Executions, join representatives of the Connecticut Criminal Defense Trial Lawyers for a news conference at 3 PM in Room 1C of the Legislative Office Building in Hartford to call on Governor Rell to sign Raised Bill 6578 which would abolish the death penalty in Connecticut.

(Cross posted at MyLeftNutMeg.)

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