Attorney O's Midnight Musings: Connecticut Law » Criminal Law

Connecticut Supreme Court Upholds Death Penalty Law

Irene C. Olszewski, Esq. — Mon, 21 Nov 2011 22:44:21 +0000

In a 6-1 decision, the Connecticut Supreme Court upheld the state’s death penalty in its ruling on the Todd Rizzo case. Rizzo was found guilty of murdering a 13-year-old boy with a sledgehammer in 1997. He is on death row. Today, Connecticut’s high court upheld his death sentence.

Read: Conn. Supreme Court upholds state’s death penalty [Hartford Courant]

Read a 2009 post about the case on Connecticut Local Politics blog here .

Read a 2005 post on the case from the Free Republic here.

Finally, you may wish to read the posts on this case from Crime & Punishment blog here.

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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.

Connecticut’s Death Row

Irene C. Olszewski, Esq. — Mon, 24 Oct 2011 21:59:32 +0000

I don’t practice criminal law but I came upon a post in the Hartford Courant that you might find interesting. With the penalty phase of the Joshua Komisarjevsky trial set to begin, the death penalty is on the minds of an awful lot of people.

Read: In Connecticut, Executions Are Highly Rare Events

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“Caylee’s Law” Campaign

Irene C. Olszewski, Esq. — Mon, 11 Jul 2011 22:04:45 +0000

I received the following press release from Change.org and in light of the public’s reaction to the Casey Anthony verdict, I thought it made sense to pass it along:

MORE THAN ONE MILLION AMERICANS JOIN “CAYLEE’S LAW” CAMPAIGN

WASHINGTON, DC – In less than one week, more than one million Americans have joined an Oklahoma woman’s Change.org campaign calling for the creation of “Caylee’s Law,” which would make it a felony for a parent to fail to report a missing child to law enforcement — resulting in the introduction of “Caylee’s Law” legislation in at least 18 states.

The New York Times reports that the Change.org petition “calling for action from everyone from state representatives to members of Congress to President Obama” has been the driving force behind legislation.

Oklahoma State Representative Paul Wesselhoft told ABC News that the Change.org “petition has forced action” in his state.

The million-person movement on Change.org advocating for “Caylee’s Law” is a sign that people who have been following the case want to do more than just express their frustration — they want to do something about it.

“This is the most positive and productive reaction I have seen to the not guilty verdict of Caylee’s Mother, Casey Anthony. Let’s prevent this from happening to any other children in the future,” said Judi Siciliano, a 58-year-old grandmother of four from Bayville, NJ. “In Caylee’s Memory, I choose to sign the petition.”

Tiffany Borders of Columbus, OH, signed the Change.org petition and wrote, “I am a mother of 3 beautiful girls, and if for any reason they were gone for even an hour and I didn’t know where they were I would be frantic and call the police, the national guard, the news media, anyone who could help me. I hope this petition changes the law and helps hold parent[s] accountable.”

The campaign’s momentum continues to grow. More than 18 states are considering a version of Caylee’s Law. Legislators in Alabama, Florida, Georgia, Hawaii, Kansas, Kentucky, Louisiana, Maryland, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas, and West Virginia have all announced that they are drafting versions of “Caylee’s Law” prompted by the petition on Change.org.

State legislators in Massachusetts (Bradley H. Jones, Jr. – R) and Tennessee (Mike McDonald – R) have also told Change.org members they are considering proposing “Caylee’s Law.”

“It’s remarkable to see how this Change.org petition has had such immediate practical impact in state legislatures across the country,” said Change.org founder Ben Rattray. “It’s a clear demonstration of how Change.org’s online platform enables people to take powerful collective action on the issues that are important to them in everyday life.”

The Washington Times has described Change.org as a way to ”convert…passion for causes into action that makes a difference.” The Sacramento Bee writes that “Change.org…is revolutionizing how ordinary people can effect social change by starting online signature campaigns targeting lawmakers, companies and nations.” And a New York Times feature highlights how Change.org’s “profile has skyrocketed with its involvement in several high-profile issues.”

Live signature totals from the “Caylee’s Law” petition on Change.org:
http://www.change.org/petitions/create-caylees-law

Change.org is the world’s fastest-growing platform for social change — growing by more than 300,000 new members a month, and empowering millions of people to start, join, and win campaigns for social change in their community, city and country.

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Penalty Phase of Steven Hayes Trial Begins Today

Irene C. Olszewski, Esq. — Mon, 18 Oct 2010 04:35:21 +0000

The penalty phase of triple murderer Steven Hayes will begin today. On October 5th, the jury found Hayes guilty of 16 counts. Six of those counts are capital felonies that are punishable by death. Now those same jurors must decide if Hayes receives the death penalty.

Read: Defense Monday Begin Fight For Steven Hayes’ Life [Courant.com]

Read: Jury to start penalty phase for Steven Hayes [WTNH.com]

Read: Hayes Penalty Phase To Begin Oct. 18 [WFSB.com]

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Connecticut’s Death Penalty Debate Continues in the Aftermath of the Cheshire Home Invasion Tragedy

Irene C. Olszewski, Esq. — Thu, 14 Oct 2010 04:54:01 +0000

In the many months since the horrendous home invasion that took the life of Jennifer Hawke-Petit and her two daughters, much has been written about Connecticut’s death penalty. With the trial of defendant Steven Hayes in the forefront of the daily news, there aren’t many places one can go and not hear at least one person’s opinion of Connecticut’s death penalty law.

For many, their view of the death penalty has changed in the wake of this case. My colleague, Ryan McKeen, posted on this very topic recently: Has The Hayes Trial Changed Your View On The Death Penalty?

The death penalty issue has certainly become a political hot button during this election season. In Wednesday night’s debate between Republican Tom Foley and Democrat Dan Malloy, it was apparent the two candidates do not agree on the death penalty laws.

Read: Malloy, Foley Clash Over Death Penalty In TV Debate

Some would argue that the cost of the death penalty to the State is too high: Conn. Home Invasion: Petit Murders Spark Debate on Cost of Death Penalty Versus Justice

A recent Connecticut Post article reported that among Connecticut residents, a large percentage favor the death penalty.

For those of you who missed my March 2010 post on the history of the death penalty (it’s a brief one, actually), you’re invited to read: The Death Penalty: A Mini History Lesson

Newlywed Arrested After Rushing Wife to Hospital

Irene C. Olszewski, Esq. — Tue, 22 Jun 2010 03:10:42 +0000

Some things border on the ridiculous. Others are blatantly ridiculous. This story fits the latter category. I’ll just give you a brief synopsis … the link to the entire story appears below.

While on their honeymoon, the wife begins to exhibits signs of a stroke. She and her husband are both trained medical professionals. The husband understands how important it is to get her immediate medical attention so he speeds his way to the hospital, running two red lights in the process. A police officer follows them to the hospital in hot pursuit, lights flashing and sirens wailing. The husband doesn’t want to waste critical minutes by pulling over so he figures he’ll just explain when he gets to the ER. Once at the ER, the husband pulls the wife from the car and the police officer attempts to block his passage into the ER. Now the poor husband is facing felony charges.

Read: Newlywed Arrested After Rushing Wife to Hospital

Crime Victims of Illegal Aliens

Irene C. Olszewski, Esq. — Wed, 26 May 2010 00:50:08 +0000

I apologize for the silence these last 12 days but sometimes, real life gets in the way. I hope you’ll forgive me.

That said, I happened to tune in to Jim Vicevich’s “Sound Off Connecticut” show on WTIC this morning. I was driving and only had about 10 minutes to listen, but the topic happened to be the motor vehicle accident involving an illegal immigrant and MA Representative, Mike Moran. The drunk guy (who was also driving without a license) plowed into Moran and his response was to laugh it off. You see, MA Governor Deval Patrick revoked an order by former governor Mitt Romney which gave state police power to investigate immigration violations.

Read Too much: suspected illegal immigrant hits MA Rep Mike Moran and laughs

One of Vicevich’s callers mentioned a website that keeps track of the victims of illegal aliens. I offer it for your review below as well as a few other sites I found tonight while researching the topic:

ResistNet.com

Immigrations Human Cost

VOIAC (Victims of Illegal Alien Crime)

OHIO JOBS & JUSTICE PAC

“The Naked Guy” Found not Guilty by Jury

Irene C. Olszewski, Esq. — Fri, 09 Apr 2010 04:37:36 +0000

On October 21, 2009, I posted about Eric Williams, a guy who happened to wake up at 5:30, make a cup of coffee, and drink it in his living room … in the nude. A mother and her child picked that day to cut through his yard, spy his nakedness, and call the police to report him for indecent exposure.

I’m pleased to report that a Fairfax County jury found Mr. Williams not guilty. Unfortunately, the verdict did not come cheap. Poor Mr. Williams incurred legal fees estimated to total some $10,000 to $15,000.

A few words of caution: don’t drink coffee in the nude in your own home. It could cost you.

Connecticut Judiciary Committee Passes Sexting Bill

Irene C. Olszewski, Esq. — Tue, 30 Mar 2010 01:19:26 +0000

I’m sorry for the lack of posts last week but I was away on vacation. Other than the post on the Health Care Reform Bill being signed into law by President Obama, I was busy relaxing. So much for that.

Today, it was back to work. Do you have any idea how much mail can pile up in a week? Or how many voice mails can accumulate even when your outgoing message informs people that you won’t be returning calls for 10 days? Then there’s all those e-mails. Whew! Mondays are normally crazy days at the office. I’m considering asking the Judiciary Committee to pass a bill to officially declare all Mondays a legal holiday. I wonder what they’ll think of my idea.

Speaking of the Judiciary Committee, those fine folks were hard at work discussing and voting on a number of bills. Apparently, their agenda listed some 75 bills but they only acted on about half of them. They did pass the “sexting” bill which seeks to lessen the penalty for sexting between two consenting minors.

If approved by the House and Senate and signed into law by the governor, criminal prosecutors will have an alternative to pursuing child-pornography charges against people under the age of 18 who engage in sexting. (”Sexting” is defined as sending sexually explicit messages and/or photographs of yourself or a friend electronically, generally via cell phone).

According to WSAU, at least 15 states have introduced — or are at least considering — similar legislation.

The Death Penalty: A Mini History Lesson

Irene C. Olszewski, Esq. — Fri, 12 Mar 2010 04:34:25 +0000

After reading a Hartford Courant article about Dr. William Petit’s testimony before the Judiciary Committee on the death penalty, I got to wondering about the history of capital punishment. According to the Death Penalty Information Center, the Code of King Hammaurabi of Babylon codified the death penalty for 25 different crimes as early as the Eighteenth Century B.C. At that time, crucifixions, drowning, beating to death, burning alive, and impalement were favored methods of implementing the death penalty.

In 1608, Captain George Kendall was executed in the Jamestown colony of Virginia for being a spy for Spain. That was the first recorded execution in the new colonies. Four years later, in 1612, the Divine, Moral and Martial Laws were enacted by Virginia Governor Sir Thomas Dale. Under those laws, a person could be sentenced to the death penalty for such minor offenses as stealing grapes.

On December 26, 1862, during the Dakota War of 1862, the simultaneous hanging of 38 Dakota people convicted of murder and rape was the largest single execution in United States history.

The death penalty was suspended in the United States from 1972 through 1976 primarily as a result of the Supreme Court’s decision in Furman v. Georgia. The court found the imposition of the death penalty in a consolidated group of cases to be unconstitutional, on the grounds of cruel and unusual punishment in violation of the eighth amendment to the United States Constitution.

The moratorium on capital punishment ended when on January 17, 1977, Gary Gilmore was executed by firing squad in Utah. His famous last words were, “Let’s do it.” Later that year, Oklahoma became the first state to adopt lethal injection as a means of execution. On December 7, 1982, Charles Brooks became the first person executed by lethal injection in Texas.

The fate of capital punishment in Connecticut is now before the Judiciary Committee. There are strong and passionate arguments on both sides of this controversial issue. It’s anybody’s guess how this will turn out.