Criminal Clinic prevailed in habeas corpus action on behalf of prisoner by showing that a 1996 parole eligibility law violates the ex post facto prohibition in the federal constitution. Testimony established that the petitioner and over 800 other Connecticut inmates in like circumstances (in prison for offense committed before effective date of new parole law) must under the law serve an extra 35% of their sentences before becoming parole eligible. The Attorney General appealed. Two Trial Division students represented petitioner at his habeas trial. After an appellate clinic student argued the case on appeal, the Supreme Court affirmed the judgment in our client’s favor. Johnson v. Commissioner, 258 Conn. 804 (2002).
Month: June 2021
Beasley and Narducci v. Commissioner of Correction
Seven day trial in 1997. Two inmates at Connecticut’s “supermax” facility, Northern Correctional Institution, made multiple statutory and constitutional challenges to an administrative directive that denies inmates confined in that institution the opportunity to earn statutory “good time” reductions in their actual term of incarceration. Student co-tried case and two students appeared in the cases on appeal. Beasley v. Commissioner, 50 Conn. App. 421 (1998), aff’d, 249 Conn. 499 (1999).
State v. Copas
Four month murder trial in Rockville Superior Court. Four legal interns acted as co-counsel with a Clinic attorney and the Public Defender. Students had active involvement in pretrial motions practice and hearings, jury selection, developing trial strategies, performing investigations, client counseling, etc.
State v. S & C
Clients ran underground needle exchange program in Willimantic to combat spread of AIDS through sharing of needles by IV drug users. Common law necessity defense raised; efforts included joining in successful lobbying effort to have legislature de-criminalize possession of hypodermic needles.
State v. R.G., Hartford Superior Court
Client charged with first degree larceny for AFDC, TFA, and Food Stamp Fraud of over $10,000 in benefits. After investigation, the Clinic prevailed on prosecutor to reduce charge to third degree larceny, making client eligible for Accelerated Rehabilitation (“AR”). Negotiated terms of AR to reduce restitution sum to $4,000, with further reduction of that figure by set-off for sums that the Department of Social Services was already administratively recouping by reducing client’s current benefits. Client in the end paid less than $2,000 in out-of-pocket restitution. The prosecution was dismissed in September, 2000.
In re T.G.
The Clinic successfully procured a pardon for a woman originally from Eritrea who had three convictions for shoplifting stemming from the period ten years ago when she was still making the radical shift from life in that impoverished, war-ravaged country to life in the U.S.A. An unexpected opportunity to meet an individual who could educate her attorneys on the Ethiopia/Eritrean struggles of the last two decades. As a rule, we take pardons cases very infrequently. In this instance the client found us and hearing her story was enough to overcome our policy.
December 22, 2015
Kathleen Campbell ’16 and Benjamin Haldeman ’16 conducted a trial in the Hartford Immigration Court that ended with an asylum grant for L—, a 19-year old from Ecuador. While employed as a poll worker during legislative elections, L— saw political operatives burning legitimately-cast ballots and replacing them with votes for the ruling party’s candidates. When L— reported this corruption to an electoral official and the police, he began to receive threatening phone calls. He tried moving to another city, but there was threatened by a man who pointed a gun at him and warned that he would be hurt for “speaking out.” The testimony, evidence, and legal arguments Ben and Kathy presented at the hearing convinced the immigration judge that L—’s whistle-blowing conduct amounted to an expression of political opinion, and that L—would face a high risk of being killed anywhere in Ecuador.
Asylum for People Persecuted for their Political Beliefs
Hannah Tenison ’16 and Jaime Welsh ’15 convinced the Department of Homeland Security’s Asylum Office to grant asylum to M—, a woman from a central African country. M— courageously spoke at a Women’s Day rally about her experiences as a rape victim. The government’s security forces viewed the speech as an indictment of government inaction in the face of widespread rape. Two days later, M— was arrested and taken to prison. Interrogators accused her of inciting the crowd against the government and told her that she would be killed unless she provided the names of co-conspirators. After five terrifying days, M—’s family was able to bribe a guard to allow her to escape. She spent two months in hiding before she was able to flee the country. Despite extensive corroborating evidence, the Asylum Officer who conducted the hearing initially denied the application, finding that certain aspects of M—’s testimony were inconsistent with country conditions information. However, when the Clinic requested reconsideration, pointing out that our client had never been confronted with or given an opportunity to explain the alleged “inconsistencies,” the Asylum Office took the rare step of granting a re-hearing. All of the Asylum Officer’s concerns were assuaged at the new hearing, and M— was granted asylum.
In Memoriam: Hubert J. Santos ’69
Hubert J. Santos ’69, dean of Connecticut’s criminal defense bar and a Connecticut criminal defense giant, died June 22, 2021. Read his obituary.
Cindy Cieslak ’12 Appointed as the CBA’s Assistant Secretary-Treasurer
The Connecticut Bar Association has announced the appointment of Cindy Cieslak ’12 as the organization’s assistant secretary-treasurer for 2021-22. Cieslak is a partner at Rose Kallor, where she focuses on labor and employment litigation in state and federal courts.