Judge denies Perez motion to dismiss
By Jeff Cohen
March 30, 2011
In Hartford, a state court judge has allowed a civil case over whether former Mayor Eddie Perez can collect his city pensionÖto continue.
Attorney General George Jepsen said he's pleased with the decision. He says a judge could eventually consider whether Perez is entitled to a portion of his pension.
"At some point, if the issue goes to trial, the issue of how much of Mayor Perez's pension should be revoked will be something the judge will consider."
Perez was found guilty last year on corruption charges. Shortly afterwards, then-Attorney General Richard Blumenthal filed suit in state court to revoke Perezís city pension.
At the time, Blumenthal said Perez would be eligible for a $25,000 annual pension if he started collecting at age 55. If he waited until he was 60, Perez would be eligible for a $31,000 pension.
According to court documents, Perezís attorney wanted the case dismissed Ė arguing the state didnít have a pension revocation law when the mayor committed his crimes.
But, in a decision issued earlier this month, Judge Richard Rittenband denied that motion. Two things affected his decision.
First, Perez's pension revocation case is in civil, not criminal court. Again, Attorney General Jepsen.
"In fact it's clearly established constitutional doctrine that this applies to criminal cases, not to civil cases. That is the law of the land."
Second, the judge noted that Perez's conviction came after the state's pension revocation law was passed.