Attorney Lugo gives legal opinion to Fox News Outside of Courthouse.

Today’s proceedings focused on the admissibility of evidence. The defense is correctly challenging the chain of custody, a critical move at this stage. Ultimately, this case hinges on whether the testimony meets the burden of proof. We’re watching the state’s argument being stress-tested in real-time.

Jury Selection Begins In Hartford Double Homicide Case

Prosecutors and defense attorneys have begun picking the jury that will hear the state’s double murder case against Joseph Silva, who is accused of gunning down two people on Cowles Street two years ago.

Silva, 22, rejected a plea offer last year that would have required him to plead guilty to two counts of murder and accept a prison sentence of 58 years.

At trial, he faces two counts of murder, a charge of murder with special circumstances, altering a firearm identification number and illegal discharge of a firearm. If convicted, he faces life, plus 131 years, in prison.

According to the warrant for his arrest, on the evening of May 16, 2016, Silva walked up to Joshua Cortez and shot him in the head. Silva watched as Cortez crumpled to his knees, then fired as many as five more .40-caliber rounds into Cortez’s head, according to the warrant.

“This is how Joseph Silva does it,” a witness heard Silva proclaim as he fired, the warrant says.

Silva then walked over to a Honda Accord parked nearby and emptied his pistol into Alysha Ocasio, 23, of Newington, police say.

Cortez, 22, of Hartford, was pronounced dead at the scene. Ocasio, Cortez’s girlfriend and the mother of his 2-year-old daughter, Kaiden, died later at Hartford Hospital.

The warrant for Silva’s arrest does not offer any motive for the killings, although police described the shooting as the violent conclusion of an ongoing dispute between Silva and Cortez. It was not clear why Ocasio was shot.

Prosecutors Robin Krawczyk and Sharmese Hodge and defense attorney Angel Lugo began picking a jury this week. Twelve jurors will hear the case and four alternate jurors will also be seated. The case will be tried before Hartford Superior Court Judge David P. Gold.

Sexual assault charge against New Haven man dropped after tearful alleged victim won’t testify

NEW HAVEN >> Charges of first-degree sexual assault and two counts of risk of injury to a child were dismissed Thursday and defendant Alex Feliciano left the courtroom smiling after the emotional teenage complainant refused to continue her testimony.

The sudden and surprising collapse of the state’s case occurred within the first hour of the trial. Superior Court Judge Jon M. Alander thanked the eight jurors for being willing to serve and sent them home.

Feliciano, now 43, is a New Haven resident.

The jurors had heard the prosecution’s allegations as read by the court clerk: that in New Haven on “diverse dates” in 2011 and 2012, Feliciano allegedly compelled the girl to have sexual intercourse in the van he used for his cleaning company job; that in the same van he “had contact with intimate parts of a person under 16”; and that in the same vehicle he had put the girl “in a situation likely to impair her morals.”

When Senior Assistant State’s Attorney Seth Garbarsky called the teen to the stand as his first witness, she did not immediately enter the courtroom. When she did come in a minute or two later, she was crying and clutching a handkerchief.

After softly answering a few preliminary questions, the girl acknowledged she knew Feliciano, who is a relative of hers. She identified him in the courtroom.

She then testified he had worked for the cleaning company and drove one of its vans.

“Early on, were you friendly with him?” Garbarsky asked. She replied, “Yeah.”

On several occasions, she said, Feliciano texted her on her phone and invited her to go with him in the van so he could buy her candy. Asked how often he took her out to do this, she said, “Too many times.”

When Garbarsky asked if “something bad” happened during one of those trips, she said, “Yeah.”

Garbarsky then asked her, “Can you tell the jury what happened to you?” She was unable to answer and her sniffling intensified.

As Garbarsky tried to elicit any information, she asked, “Can I have a break now?” Alander told her it might be best if she got done with her testimony. But as she still seemed hesitant and upset, he called for a 10-minute break.

However, after a further delay and after Alander met in his office with Garbarsky and defense attorney Angel Lugo, court re-convened without the jury present. Garbarsky then stated, “She is refusing to re-enter the courtroom. During the recess, she had a change of heart (about testifying). She is overly emotional. I am not going to force a witness, a minor, to come back in.”

Garbarsky requested the charges be nolled. Under such an arrangement, unless the state decides to revive its prosecution within 13 months, all charges are automatically dismissed.

But Lugo asked that the three charges be dismissed immediately. Alander agreed to do so, as re-trying Feliciano would constitute double jeopardy.

Feliciano smiled, thanked Alander, shook hands with Lugo and departed. Alander went into the jury room to tell them what had happened and to thank them for making their commitment.

After court adjourned, Lugo said, “I’m very relieved for Mr. Feliciano. Hopefully, he can find closure now and resume his life. I want to thank Mr. Garbarsky for his professionalism and having the moral courage to do the right thing.”

Garbarsky said, “I’m disappointed. But I understand the victim’s attitude in not wanting to go through it again.”

The allegations surfaced when the complainant spoke to her school principal and then a school social worker. She was then interviewed by staffers with the state Department of Children and Families and the Yale Sexual Abuse Clinic.

During pretrial arguments Thursday, Alander said he would allow Lugo to cross-examine the girl about telling investigators a second person had sexually abused her. Lugo said this would help him try to prove the girl was “confused” about who had abused her. He also said she might be lying or has post-traumatic stress disorder.

“She could in her mind believe my client did it,” Lugo said. “But she’s mistaken.”

According to the arrest warrant, Feliciano agreed to speak with police about the allegations. He was quoted in the warrant saying initially that he could not remember if he had ever been alone with the girl. But then he said he did remember being alone with her in the van and taking her to get candy.

The warrant stated that when police continued to ask what had happened when he was alone with the girl, he “became very distraught” and jumped out of his chair, saying, ”I swear on my mother nothing happened!”

No Jail Time For Shelton Baseball Bat Attack

Baseball Bat Attack

A New Jersey man who drove to Shelton last year and beat his wife’s lover with a baseball bat won’t serve any prison time for the assault.

The man, Chadwick Adams, 28, faced up to four years behind bars after pleading guilty to first-degree assault in the case Sept. 15.

But Judge Frank Iannotti opted not to imprison Adams after a 40-minute sentencing at Superior Court in Milford Friday during which he concluded Adams, who has no other criminal convictions, is unlikely to break the law again.

“I hope I’m right,” the judge said before handing down an eight-year suspended sentence in the case.

His decision followed pleas from members of Adams’ family for the judge to spare Adams jail time.

Background

Adams was arrested Dec. 17, 2015 when state police caught him minutes after the violent confrontation in the parking lot of the Hyatt House hotel on Bridgeport Avenue.

He told police that he had suspected his wife was cheating after she had blocked him from her Instagram account and later caught her video chatting — with his best friend.

Then he found out through his wife’s Expedia account that she had plans to stay in Shelton for three days.

She had told him she was going to Boston for school.

So he borrowed another friend’s car, packed a 28-inch aluminum “Bomb Bat” and drove to Shelton.

He confronted the pair in the Hyatt parking lot. He asked his friend what he was doing with his wife.

“Get out of my face,” the friend allegedly said.

Adams told police he went “red,” then knocked the man to the ground with the bat before swinging again and hitting him in the head.

He then drove away, making it as far as the Merritt Parkway before being stopped by troopers.

’Extremely Serious’

In court Friday, State’s Attorney Kevin Lawlor asked the judge to send Adams to jail.

He conceded that Adams had no prior record, has maintained multiple jobs, and has no substance abuse or mental health issues.

Still, he said, “this is an extremely serious case.”

It’s only “pure luck” Adams didn’t injure the man seriously, or worse, he said.

Lawlor said the man suffered a skull fracture. Adams’ lawyer said later the victim was released from the hospital the afternoon of the assault.

Neither Adams’ ex-wife nor the man he assaulted were in court Friday. They also declined to be interviewed for a sentencing report prepared by court officials.

The prosecutor also noted that Adams had “quite a bit of time” while driving all the way from New Jersey — with a baseball bat — to rethink his actions and turn around.

“That he didn’t shows that this was something that wasn’t just a momentary lapse in judgment, wasn’t just a snap decision,” Lawlor said.

’I Am Deeply Sorry’

A half-dozen of Adams’ friends and family implored the judge not to imprison him, saying the attack was completely out of character.

“This is not Chad,” said Denise Campbell, a friend for more than 10 years who described Adams as kind, caring, and pleasant.

His mother said her son isn’t perfect, but that she tried to tell him to always use his common sense.

“He didn’t use it that day,” Judge Iannotti interjected.

Adams apologized to his ex-wife, the victim, and his family.

“I’m deeply sorry,” he said. “One year ago, I was at the lowest point of my life.”

He said he didn’t intend to assault the man.

“I did not intend to hurt anyone,” he said. “I wanted to know what was going on with my wife.”

“I felt betrayed. I was scared, and I was angry. I was reckless,” he said.

That Bat, Though

Judge Iannotti pointed out that Adams brought a baseball bat with him on his drive from the Garden State.

“If you didn’t intend to hurt anybody, why’d you bring the bat?” he asked.

Adams said he was scared, and that he didn’t know who his wife was with.

“Of what? You’re six-three, and 220 pounds,” the judge said.

Adams said he’s not a violent person, and repeated that he was scared.

The judge seemed skeptical, suggesting Adams was more angry than scared..

’Don’t Let Yourself Down’

But he also said Adams differed from most people who stand before him convicted of first-degree assault.

The judge pointed out Adams has no record, appears to be extremely hard-working, and has a fine family to help support him.

And he agreed with Adams’ lawyer, Angel Lugo, that Adams was “overcome by emotion” the day of the assault.

“Anyone would be overcome with emotion to find out their wife of seven years is having an affair with someone he believes to be his best friend,” the judge said.

“The only thing that genuinely disturbs me is bringing the bat,” he said later. “You don’t bring a bat unless something went through your head that you were going to use it.”

Still, the judge said he doubts Adams will commit any other crimes in the future.

“Sometimes you just have to listen, sit back, think, evaluate and really try to look into the eyes of a person and decide what kind of human being that they have been and are likely to be,” he said. “I have a difficult time looking at Mr. Adams and thinking he’s a bad human being.”

“I think he did a really stupid thing, a bad thing . . . but I don’t think he’s a bad and I don’t think he’s a violent person,” he said.

He then gave Adams an eight-year suspended prison sentence with five years of probation, during the first six months of which Adams will be monitored electronically and will only be allowed to leave home to go to work.

The judge also ordered Adams to undergo domestic violence and anger management counseling, and to stay away from his ex-wife and the man he assaulted.

“Don’t let yourself down,” he told Adams. “Don’t let your friends down. Let this be your one mistake.”

Adams’ lawyer said afterward he was relieved by the judge’s sentence.

“The job of a judge is to not just shoot from the hip but to really look into the person’s background, character, the circumstances,” Lugo said. “This was a unique situation.”

He noted Adams had no other convictions, volunteered with the Red Cross, attends church regularly, and “thoroughly” apologized.

“A person’s life should not be judged by seconds of indiscretion,” Lugo said.

Report: Former Yale professor sexually assaulted 5 students, harassed at least 8 others

Yale University

NEW HAVEN, CT (WFSB) — A recent report conducted shows a now retired Yale University professor allegedly sexually assaulted, and sexually harassed several students over the course of a number of years.

The report looked into allegations made against former Yale School of Medicine professor Dr. D. Eugene Redmond.

He was on the faculty of YSM in the Psychiatry and Neurosurgery departments for 44 years, from 1974 until his retirement in July of 2018.

In March of 2018, an undergraduate filed a formal complaint against Redmond, that alleged sexual misconduct at his research facility in St. Kitts.

Attorney Anthony Lugo says there will be obstacles if victims are looking for criminal charges because the alleged abuse is old and because of it happening out of the country.

“I believe they’re under British rule, so it would be the local prosecutor implementing British law,” Lugo said.

Lugo said another route could have through a civil suit.

“If by justice you mean hit him financially where it hurts or the institution that employed him, Yale, then yes,” Lugo said.

During an internal investigation, it was found that a group of Yale students made similar complaints against Redmond in 1994.

In January of this year, a third person came forward and reported that Redmond sexually abused him when he was a Yale undergraduate working in St. Kitts.

A third-party investigation was conducted, where 110 witnesses were interviewed, including 38 current and former students.

Also, 34 Yale professors and administrators were interviewed.

Redmond declined being interviewed, unless names of students who made allegations against him, and notes from those interviews were made available.

Based on the investigation, the third-party concluded that Redmond sexually assaulted five students in St. Kitts while he was a Yale professor.

The assaults happened on five separate occasions, “when he initiated and engaged in nonconsensual sexual contact with each student,” the report said.

The report goes on to say Redmond also “committed other acts of sexual misconduct involving at least eight other undergraduates or recent graduates and one high school student in St. Kitts, New Haven, and other locations.”

Redmond retired in 2018 and has been banned from campus.

He has denied the allegations.

Attempted sexual assault case involving girl, 6, in Glastonbury is dropped

A Manchester Superior Court prosecutor has dropped charges that a man tried to sexually assault a 6-year-old girl in Glastonbury last June, court records show.

The man, John K. Vigil, now 25, who has listed an address on Madison Road in Glastonbury, had been charged with attempted fourth-degree sexual assault and risk of injury to a child. He was free on $35,000 bond while the case was in court.

Charges that have been nolled, or dropped, can theoretically be revived within 13 months, but that rarely happens.

Prosecutor Mark A. Williams didn’t respond to an email seeking comment on why he dropped the charges, and an attempt to reach Vigil’s lawyer, Angel A. Lugo, for comment also was unsuccessful.

Glastonbury police Detective David Hoover wrote in an arrest warrant affidavit that the girl’s parents refused to consent to a forensic interview with her, a standard part of child sexual-assault investigations. He said “there was no participation with police” by the girl’s family, including a refusal by her mother to give a sworn statement.

Instead, the detective based his arrest warrant affidavit on what he called credible information obtained from the state Department of Children and Families investigation of the case.

— Alex Wood