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  • Perez 9409motion

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    kevinhfd
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    Mayor of Hartford, ct., seeks sanctions against The State of Connecticut. He says the most recent actions of The State amount to egregious examples of prosecutorial misconduct. The State's disclosure of the substance of the sealed grand jury report was a direct violation of the order of the grand jury, he says.

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    perez 9409motion

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    Mayor of Hartford, ct., seeks sanctions against The State of Connecticut. He says the most recent actions of The State amount to egregious examples of prosecutorial misconduct. The State's disclosure of the substance of the sealed grand jury report was a direct violation of the order of the grand jury, he says.

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    90 tayangan1 halaman

    Perez 9409motion

    Diunggah oleh

    kevinhfd
    Mayor of Hartford, ct., seeks sanctions against The State of Connecticut. He says the most recent actions of The State amount to egregious examples of prosecutorial misconduct. The State's disclosure of the substance of the sealed grand jury report was a direct violation of the order of the grand jury, he says.

    Hak Cipta:

    Attribution Non-Commercial (BY-NC)
    Unduh sebagai PDF, TXT atau baca online dari Scribd
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    dari 1

    \

    ..
    In Re Investigatory Grand Jury p^ > s i p r o t n e Court

    No. 2007-04
    September 4, 2009

    f MEMORANDUM IN SUPPORT OF
    MOTION TO DISMISS AND TO HOLD THE OFFICE OF
    THE CHIEF STATE'S ATTORNEY IN CONTEMPT OF
    AN ORDER OF THE CONNECTICUT SUPREME COURT1

    Pursuant to this Court's supervisory power over the administration of justice, the

    Fifth, Sixth and Fourteenth Amendments to the Constitution of the United States, Article I,

    §§ 7, 8, and 20 of the Constitution of the State of Connecticut, and Practice Book § § 66-2,

    85-2 and 41-8, Eddie Perez, the Mayor of the City of Hartford and an interested party,

    hereby submits the following memorandum in support of his Motion that this Court impose

    sanctions against the State of Connecticut.2 Should the Court determine that dismissal

    and/or contempt is not warranted in the present case as requested in his September 2

    Motion, Mr. Perez alternatively requests that this Court order as a sanction against the

    State that either of the above-referenced trials not commence until the conclusion of his

    term as Mayor in January 2012.

    I. The State's Misconduct Has Prejudiced The Defendant's Right To A Fair And
    Speedy Trial To Such A Degree That Dismissal Is The Only Available Remedy

    The most recent actions of the State amount to egregious examples of prosecutorial

    misconduct in two distinct but related respects. First, the State's disclosure of the

    substance of the sealed grand jury report was a direct violation of the order of the grand

    1
    Mr. Perez's Motion was filed with this Court on September 2, 2009. On September 3,
    2009, the Court granted his motion for extension of time up to and including September 4,
    2009, in which to file the present memorandum in support.
    2
    Mr. Perez also filed a motion to dismiss and for sanctions alleging the same misconduct
    with the Superior Court in Docket No. H14H-CR09-0628569-S, and intends to file the same
    or a similar motion in connection with his arrest on September 2, 2009. A hearing was held
    on September 4, 2009, in which the trial court (Dewey, J.) held that it had no jurisdiction
    over the Defendant's motion for contempt and denied his motion to dismiss. Without
    waiving his motion to dismiss, the Defendant requested a continuance to at least February
    2010. The State had no objection, and the trial court granted the .
    2009
    SANTOS & SEELEY, P.C. • ATTORNEYS AT LAW • 51 RUSS STREET • HARTFORD, CT 06106-1566 • (860)249-6548 • FAX (860) 724-5533 • JURIS NO. 07230

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