CR9-173818 : SUPERIOR COURT

STATE OF CONNECTICUT : JUDICIAL DISTRICT OF

VS. : MIDDLESEX AT MIDDLETOWN

ERNEST GARLINGTON : APRIL 7, 2008

DEFENDANT’S PROPOSED ADDENDUM TO SUPPLEMENTAL MEMORANDUM IN

SUPPORT OF MOTION TO DISQUALIFY JUDICIAL AUTHORITY AND REQUEST
FOR NEW TRIAL

This Court held a hearing on Defendant’s Motion to Disqualify Judicial Authority and

Request for New Trial on April 7, 2008. Defendant files this Addendum to further support said

Motion. Specifically, Defendant draws this Court’s attention to a troubling on-the-record

discussion occurring prior to potential juror Roseanne McWaid (“McWaid”) entering the

courtroom on October 24, 2007.

(Oct. 24 TR. at pp. 70-71):

ATTORNEY DOW: The next one is the Realtor, your buddy. The one who knows your

wife.

ATTORNEY ZENTNER: Oh, that’s right.

ATTORNEY DOW: Hiding all the money.

THE COURT: Which one? The next one?

ATTORNEY DOW: Yeah, McWaid.

 THE MARSHALL: The last one today, sir.

ATTORNEY ZENTNER: Said – said your wife was – said she was big –

THE COURT: I know.

ATTORNEY ZENTNER: Remember, she said she was big time.

THE COURT: My wife is coming for lunch so maybe they can bond.

ATTORNEY DOW: Share a commission.

THE COURT: Huh?

ATTORNEY DOW: They can share a commission. Maybe they can sell a house. She

still has – she still has that big house?

Any objective person familiar with this portion of the record would arguably be very

concerned - by the assertion that the Trial Judge is a “buddy” of a potential juror; 1 by the

possibility of the sitting Judge’s wife and a potential juror in the case before him “bonding” at

lunch as friends or becoming business associates by sharing a commission, (particularly from the

sale of “big house” earlier viewed by Ray Allen); by the assertion that someone associated with

this case is “hiding money”. Yet, far from immediately and forcefully rejecting these notions

and foreclosing any further such communications, the Trial Court arguably adopts these

propositions by its own words – e.g., that McWaid and the Judge’s wife “can have lunch

1
It is important to realize that, at this point, it had not yet been jury, decided whether or not this juror would be
seated in this case. Ultimately, she does serve in this but apparently is not disqualified the facts of her association
with the Judge.
together” and maybe “bond.” Respectfully, it is astonishing that the Trial court can be party to

in-court dialogue such personal and financial involvement with a potential juror in the case

before it! (Also, see the more extended discussions contained at Oct. 24 TR. at pp. 71-75 as

covered in Defendant’s Memorandum at pp. 11-13). Such conduct by the sitting Judge by its

very nature, strikes directly at the core of the public’s perception of a fair, impartial judiciary in

Connecticut. Judges are duty bound to govern what they say, and what is said and done by

others, in their courtrooms. Regrettably, that did not occur here and the confidence of the public

in its judiciary will be undermined should the Defendant’s requested relief not be granted.

WHEREFORE, Defendant respectfully requests same.

Respectfully submitted,
The Defendant
By his Attorneys,

Dated: April 7, 2008 /s Jeffrey A. Denner

Jeffrey A. Denner, pro hac vice.
MA BBO#: 120520
CT Juris #
Denner Pellegrino, LLP
4 Longfellow Place, 35th Floor
Boston, MA 02114
(617)227-2800

/s Neil S. Tassel, pro hac vice

MA BBO# 557943
Denner Pellegrino, LLP
4 Longfellow Place, 35th Floor
Boston, MA 02114
(617)227-2800
 Lori Leavitt
CT. Juris #421436
Denner Pellegrino, LLP
265 State Street
Springfield, MA 01103
Tel. No. (413) 746-4400

Certificate of Service

I, Lori Leavitt, attorney for the Defendant, hereby certify that on the 7th day of April,
2008, a copy of the foregoing Defendant’s Addendum to Supplemental Memorandum in
Support of Motion to Disqualify Judicial Authority and Request for New Trial was served
upon the attorney(s) of record by hand a copy of same to:

RUSSELL ZENTNER
STATE’S ATTORNEYS OFFICE
1 COURT STREET
MIDDLETOWN, CT 06457

_____________________
Lori Leavitt