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Supreme Court Hearing Approaches

By Jeffrey B. Cohen

July 29, 2009

Today's hearing of the state Supreme Court is scheduled for 3 p.m.

In that hearing, attorneys for various clients will argue whether to uphold a ruling to seal a judge's final report into allegations of corruption in the administration of Mayor Eddie A. Perez.

A story in today's Courant outlines some of the arguments of two attorneys -- Hubert Santos and John J. Kelly. Santos represents Perez; Kelly has represented city politician Abraham L. Giles. Their arguments are contained in letters they each filed Tuesday at the request of the court in advance of today's hearing.

But other attorneys filed letters, too.

Attorney Steven Seligman filed a letter on behalf of a client he would not name. Seligman has represented Republican Councilwoman Veronica Airey-Wilson before the grand jury in the past. In his letter, he argues, among other things, that findings regarding his client whose conduct "was not the subject of a probable cause finding should not be released."

Attorney Stanley Twardy, who also has declined to say who he represents, says that the grand juror's final report discussed "two incidents of a possible criminal nature" involving his client, who he calls the John Doe Parties. Notably, Twardy says that "each incident was alleged to have involved certain malfeasance in the course of the selection of the recipient of a City contract."

In the first instance, Superior Court Judge Dennis Eveleigh found no probable cause to believe anyone engaged in criminal conduct, Twardy said. In the second instance, he found probable cause that certain parties did in fact commit criminal violations, "but found that the John Doe Parties were in fact victims of the alleged criminal conduct."

Twardy then argues to keep Eveleigh's final report sealed.

Attorney Richard Brown, who also won't say who he represents, said in his letter that releasing the report before charges are filed -- if they are ever filed -- is the wrong way to go.

"Once the genie is out of the bottle it is indeed ... impossible to put it back," Brown wrote. "So it is with this grand jury report."

There were letters to the court filed by Santos, Kelly, Seligman, Twardy, Brown, Chief State's Attorney Kevin Kane, and William Fish, an attorney for the Courant. The Courant is seeking the report's full disclosure.