Andy Thibault

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Cool Justice
A Tale Of Two (Or More) Bastards
By ANDY THIBAULT, Columnist
Law Tribune Newspapers
June 13, 2005

Norwalk Superior Court is not only a mismanaged nuthouse, it’s also the best show in Connecticut. Where else can you see body slams, airborne metal objects, driverless cars crashing through the front door, bitter rivalries and broken relationships played out in open court: sometimes before a trial judge who – in an impressive Curly Howard imitation—remarks, “A wise guy, eh?”

The tricky part can be figuring out what just happened – even if you are a witness. That’s one reason state police seized the tape of proceedings after a melee on May 27 involving prosecutor Michael DeJoseph and an angry defendant. You see, sometimes the transcript of what transpired can change over time. In this particular case, eyewitness reports have changed in statements filed with state police and the Judicial Department.

A prior matter provides a window into how official records evolve. In that case, on May 4, prosecutor Robert Hall crossed swords – verbally – with ex-prosecutor Michael Colombo.

The climactic exchange went as follows: “You’re two faced bastard your comments are inappropriate counsel,” Hall asserted, whereupon Judge William Hickey called a recess and fined Hall $92. A subsequent version of the transcript eliminates Hall’s “bastard” comment, which was witnessed by a number of lawyers and others. This is significant, in that it illustrates how supposed “transcripts” can subsequently recount events differently from what actually transpired. It also provides some uncertainty relating to the brawl on May 27 in which DeJoseph punched defendant Anthony Rogers twice, the second blow resulting in Rogers spitting up blood. There were few eyewitnesses in the court. Colombo says he was one of them.

The key question is: Did DeJoseph punch Rogers before or after he was restrained? Accounts are changing. And, as we’ve seen, it’s possible transcripts are, too.

Another courthouse regular, familiar with DeJoseph’s version of events, told me: “The defendant tossed a metal file container toward the judge. Mike [DeJoseph] hit him. The kid [defendant Rogers] grabbed Mike. Mike grabbed the kid. The marshal grabbed his [Rogers’] arms trying to cuff him. He was a long way from being restrained.”

Thus, the reasonable force issue comes into play as Rogers and others claim DeJoseph punched him twice in the face while marshals held his arms back. Rogers had been complaining to Judge Hickey after DeJoseph derided him for not having a lawyer. Rogers wanted more time to earn money to pay for a lawyer.

“I’m telling you, we’ll put you in jail,” Hickey said, provoking Rogers.

“I’ll go do some time. I’m not giving nobody else no money to represent me for you to put me in jail anyway,” Rogers retorted.

“Hey, listen. Do me a favor, shut-up,” the judge said.

Rogers did not appreciate this. He told the judge, “I don’t need no shit.” The judge held him in contempt. At some point Rogers tossed the file container toward Hickey.

“Thirty days, thirty days,” Hickey said. “Wise guy. Wise guy.”

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