disciplinary counsel v. joseph chiarelli

23
~l/L~/L~l~ lL:Lb L~,j-LI:H:l- ('jbl ULlVECREST PAGE 03/05 i INNHC~-~ DISCIPUNARY COUNSEL FILING CODE: M63 SUPERIOR COURT i VS. I JOSEPH CHIARLLI January 21. 2010 I APPLICATl'ON FOR PLACEMENT OF ATTORNEY ON SUSPENSION OR INACTIVE STATUS AND APPOINTMENT. Of TRUSTEE PURSUANT TO PRACTICEl3POK §§ 2..58 Et. Seq. JUDICIAL DISTRICT OF NEW HAVEN To the Superior Court within and for the Judicial Otstct of New Haven, now in session, comes now the Disciplinary Counsel, duly appointed and qualified and acting j accrdance with the powers vested in saki office by Practice Book Secton 2-34A. and 2-58 et seq., and makes request to 1his Court that Joseph ChlarelU an attorney who has an offce address at 2114 Whitney Avenue, Hamden, Connecticut is incapacitated and unable to pracUee law by reason of physical or mentaUnfirmíty or ilness and should be suspended or placed on inactive status unless and until his physical or mental condìtìons improve and he is frt practice law, In support of thìs peUtion, the Petitioner avers as follows: 1 Offce of Chief Disciplinary Counsel Juris 422382 100 Washington Stret I Harford, CT06106

Upload: douglawtribune

Post on 10-Apr-2015

650 views

Category:

Documents


4 download

DESCRIPTION

Included here is the court transcript used by Connecticut disciplinary officials to file a motion to place attorney Joseph Chiarelli on inactive status due to a diabetic ulcer on his foot.

TRANSCRIPT

Page 1: Disciplinary Counsel v. Joseph Chiarelli

~l/L~/L~l~ lL:Lb L~,j-LI:H:l- ('jbl ULlVECREST PAGE 03/05

i

INNHC~-~DISCIPUNARY COUNSEL

FILING CODE: M63

SUPERIOR COURT

i VS.

I JOSEPH CHIARLLI January 21. 2010I APPLICATl'ON FOR PLACEMENT OF ATTORNEY ON SUSPENSION OR INACTIVE

STATUS AND APPOINTMENT. Of TRUSTEEPURSUANT TO PRACTICEl3POK §§ 2..58 Et. Seq.

JUDICIAL DISTRICT OFNEW HAVEN

To the Superior Court within and for the Judicial Otstct of New Haven, now in

session, comes now the Disciplinary Counsel, duly appointed and qualified and acting j

accrdance with the powers vested in saki office by Practice Book Secton 2-34A. and

2-58 et seq., and makes request to 1his Court that Joseph ChlarelU an attorney who has

an offce address at 2114 Whitney Avenue, Hamden, Connecticut is incapacitated and

unable to pracUee law by reason of physical or mentaUnfirmíty or ilness and should be

suspended or placed on inactive status unless and until his physical or mental

condìtìons improve and he is frt practice law, In support of thìs peUtion, the Petitioner

avers as follows:

1

Offce of Chief Disciplinary CounselJuris 422382100 Washington Stret

I Harford, CT06106

Page 2: Disciplinary Counsel v. Joseph Chiarelli

01/29/2010 12: 25

A 1.

¡ :b 2.

I

A3.

r-~ At ßd\1 A ~'f_14 c~f, ~

Ndt1 I '21- \~,

203-288-7951 OLIVECREST PAGE 04/118

Joseph Chiarell (hereinafter Respondent), juris number 009337, was duly

admitted as a member of the bar of the State of Conneccut on

September 21, 1971.

Respondent Chiarell has reported in open court that he is ii, and that two

dodors have given him medical advice agaìnst his appearance in court

and agaínst trying cases. (See transcript of court proceedings on Janu8'Y '

14,2010 attached hereto as ExhibìtA.)

Nevertheless, Chiarell contÎnues~o attempt t~represent clients in both

civil matters and criminal cases. (See motion for continuance, Exhibit B

attached hereto, seeking to delay trial of a case that has already been

delayed and is being tried on half-days to accommodate Chiarell so that

4.

1

I

Petitioner Disciplinary Counsel feels that this matter is an appropriate one I

L

I

he can appear in Meriden criminal court)

for Respondent to be placed on inactve status unless and until his..

physical and mental health conditions ìmprove to the extent that he can

return to th practice of law in such manner as to n01 prejudice the

interests of his clients and/or impede the orderly proceedings of the trial

courts.

WHEREFORE. Petitioner prays that a medieal ex.amination of the Respondent be

ordered, and thai an Order placing the Respondent on Inactive Status enter, that an

Offce ofChiefDisdplin,ar Counsel.

Jurs 4223gi100 Washington StreetHarford, CT 06106

Page 3: Disciplinary Counsel v. Joseph Chiarelli

01/29/2010 12: 25 203-288-7951 DLI VECf.c.~ I t-AI.t. I::J( I::J

attorney be appointed as trstee to protect the interests of Respondent's dients. to

inventory his files, all in accrdance with Sections 2-56 at. seq. of the Practice BOOK...

Dated at Hartord,. Connecticut this J~Ì\kJary 21 ~ 2Q 1 O.

Chief Disciplinary Counsel

By:

Please enter the appearance of the¡ Offc~of ~hief Disciplinari Coun5~1 for.' Apphcant in t~;:a~:ve_entlt!ed action.

...,..:. .,,- ;! ."" .ti /.I ~ .:i /' .iilMark A. riuboisOfce of Chief Disciplinary CounselJuns No. 422382100 Washington StreetHartord, Connecicut 06106phone (860) 706-5055fax (860) 706-5063

!

Office of Chief Disciplinary CounselJwis422382100 Washington StreetHartord, CT 06106

./f....ark A. Dub is

Office of Chief Disciplinary CounselJuris No. 422382100 Washington StreetHartrd. Connecticut 06106

phone (860) 706-5055fax (B60) 706-5063

31

Page 4: Disciplinary Counsel v. Joseph Chiarelli

I """"1""," 1b:"4

ULl Vt:L;Kt:=i I;¿11;J-;¿I:H:i- ('jbl

THE CHIARELLI LAW FIRM, LLC. CHEL BUILIN.... ....LAUREL SQARE ~ .3I WHI AVENE~ canc062S(2) 2E7S

EXHIBIT A

EXHIBIT A

EXHIBIT A

EXHIBIT A

EXHIBIT A

EXHIBIT A.

. .......,........,.¥. '. .....

r-I-t:c. tlJ.1 J. ::

Page 5: Disciplinary Counsel v. Joseph Chiarelli

Ðl/29/2~1~ Ib: ~4 :¿i:;:-:¿I:l:- ('jbl ULIVl:I.t"l:::1 rHl.c. tJ£1 .i J

NO: FA-08 4030850 SUPERIOR COURT

DAVID FUSCO ~~DICIAL DISTRICTOF NEW HAVEN

Iv. P.T NFW HAVEN, CONNECTICUT

ANITRA FUSCO JANUARY 14, 20J.0

.:)

.~,BEFORE THE HONORABLE fl. A. ABERY-WETSTONE, ,~~¡a

APPEARANCES

Representing the Plaintif~&~:

ATTORNEY JOSEPH CHIARELLI --_I\li.f.~!l~1f

Representing the Defendantll:

ATTORNEY MICHAEL E. RIZZO -- ~~~iI

Representing the minor chi.ld (rent:

ATTORNY THOMS A. ESPOSITO

Reported By:Name

Ju 0\ of NéW HavSUPEftlOR COURT

'FILED

JAM 19 1.910

TranscZ'ìbed By:J. Lanef::kiCertified Court Reporter235 Church St..New Haven, GT

CHIEF CLERKS OffCE

(* J

Page 6: Disciplinary Counsel v. Joseph Chiarelli

(2 J

1

i PROCEEDINGS;

2 THE COURT: Fusco versus Fusco.

3 MR. CHIARELLI: Ready.

5

t-lR. RIZZO: It.' s ready, your Honor.

THE CLERK: Judge, we still don't have the GA.

THE COURT: We need the guardian.

l1R. RIZZO: He's not present at the motr~m. ".

4

6

7

B (Aside.)9 THE CLERK: He is here. He was just in Fam.ily

10 Relations.

11 THE COURT: Right. We'11 have to pass that,

12 then; and that's all Fusco.

13 THE CLERK: Yes.

14 MR. CHIARELLI: Judge, can I address a

15 preliminary matter to yOU?

16 THE COURT: A --

17 MR. CHIARELLI: On

18 THE COURT: -- preliminary matter on Fusco--

19 MR. CHIARELLI: Yes.

20 THE COURT: -- without the --

21 MR. CHI~..ELLI: On --

22 THE COURT: -- guardian

23 MR. CHIARELLI: ~- Fusco.

24. THE COURT: -- here?

:: L

wants us to do about this case. We're on trial in

¡

I

what I--'

25 MR. CHIARELLI: Well, it' 5 j list what the Court

front of Judge Kenefick, and about. 90 percent of

Page 7: Disciplinary Counsel v. Joseph Chiarelli

~i/¿~/¿~i~ Ib: ~4 ¿~3-Ll:ll::- ('jbl ULl Vt.L;l't.:: I rf.l.c. t.~1 i::

2

1 I have to present, he already knows; and l d have to

2 be -- anything we do today, if you're going to hear

3 the case, is going to have to be presented to him all

4 over again.

5 THE COURT: No, no. I'm not hearing the case.

6 MR. CHIARELLI$: Oh. Ohi okay. I'm sorry.

7 THE COURT: We're going to try and set"es.to8 finish the trial.Q"' MR. CHIARELLI: Oh. Okay. Thank you, Judge.

10 MR. RIZZO: Your Honor, if I may respond brie.fly.

11 I know the guardian isn't here, but I have a witness

12 here -- a m.ental health professional -- who is

not I~

13 charging by the hour. r f 1'm hearing that we are14 going to do any evidence today --

15 THE COURT: No.

16 MR. RIZZO: We're not ruling on motions today?

i 7 . THE COURT: No.

18 MR. RIZZO: 'I-hen I would like to release my

19 witness.

20 ¡ THE COURT: You may.

21 I (The Court addressed other matters.)

22 THE COURT: Continue to be on trial in front of

23 Judge Kenefick. How many more trial days are

24 required?

25 MR. RIZZO: That's a good question, your Honor;

26 and for the record, the last time we had evidence in

27 this case \Vas in JUly; and, at. that point, I believe

Page 8: Disciplinary Counsel v. Joseph Chiarelli

~1/¿~/¿~1~ Ib:~4

24

25

26

27

10

11

12

13

14

15

16

17

18

19

20

21

22

23

¿~;:-¿I:l:- f'jbl ULl Vt.L;~t.:: I t-AI.t. ~"f 1 :i

3

1 we had had nine days of evidence.

2 MR. CHIARELLI: I thought it was 10; or ir.aybe it

3 was eight.

4. MR. RIZZO: It could have been 10; and Mr.

5 Chiarelli had

6 (Sound of microphone being impacted.)

7 MR. RIZZO: -- the Plaintiff on the st:,andwe

8 had a police officer here and a few other witnesses.

9

ISo, i have no idea how long Mr. Chiarelli's case I

is going to take, since he's only had one principal iI

So, in nine days, we haven't accomplished much; and,

as I statedr that was in July.

witness so far who is not finished.

Now

THE COURT: You had one witness on the stand for

nine days?

MR. RIZZO: One person.

MR. CHIARELLI: That isn't true.

MR. RIZZO: Well, no, no. He had

MR. CHIARELLI: Well, he says

MR. RIZZO: -- his

MR. CHIARELLI: -- anything he wants.

MR. RIZZO: He had his client on the stand, and

he had a side issue that vias heard involvtng a police

officer and some marshals in this building over an

incident that occurred during the trial; but as for

the trial -- the substance of the trial -- I believeJ

I

Page 9: Disciplinary Counsel v. Joseph Chiarelli

01!29!2~1~ Ib: ~4 :¿~j-:¿I:l:- ('jbl UL1Vt:Ll't:::1 r-¡.\:t: t:::1 .1 :i

i2

3

4

5

6

7

8

9

10

11 .

¡

12I

I13

14 i

15

16

i 7

10

19

20

21

22

23

24

25

26

27

i t s only been Mr. Fusco.

4~\

THE COURT: How many days de you need to put on

your case?

MR. RIZZO: 1 have no idea until I get some idea ¡. ~

of what his case is going to be.

THE COURT: Attorney --

MR. CHIARELLI: Judge -- ..~~

THE COURT: -- Chiarelli

MR. CHIARELLI: -- CQuld we

THE COURT: -- how much more time do you need"?

MR. CHIARELLI: Judge, could we address allef

this to Judge Kenefick, because he knows what all of

the issues are. You know, he just gave you a lot of

double talk abòut the history of this case. Judge

Kenefick is familiar with it., and he runs a tight

case, and he's going to I'm sure he's going to

schedule it so the case is gcing to get over in very

short ord.er.

What I'd really like to do is see Judge

Kenefick; all matters be referred to Judge Kenefick

so we --

(Sound of microphone being impacted.)

MR. CHIARELLI: -- don't have to keep coming back

here for short calendar assignments, because I think

ultimately he's the one who's got to sche if he's

going to hear it, he can schedule it alL.

THE COURT: No. I have to heai: --

Page 10: Disciplinary Counsel v. Joseph Chiarelli

01/29/2010 16: 04 203-288- 7%1 ULl Vc.Ck:c.=i I t-Al.l: tJb/ ! 'j

5

1 MR. CHIARELLI: Oh, okay.

2 THE COURT: -- how --

3 MR. CHIARELLI: I'm sorry.

4 THE COURT: -- we r re going to do the scheduling.

5 At one point, Attorney Chiarelli, you indicated to

6 this Court that you were not able to try cases all

7 day long --g MR. CHIARELLI: Ye s .

9 THE COURT: -- and we need to find out what we

10 need to do to accormnodate your disability.

11 i (Sound of microphone being impacted.).

12 I . MR. CHIARLLI: Yes.

13 I MR. RIZZO: Your Honor, if I may interrupt,

14 because I want to make it clear on the record --

15 MR. CHIARELLI: I

16 MR. RIZZO: -- to

i 1 MR. CHIARELLI: -- was

18 ~~. RIZZO: -- this --

19 MR. CHIARELLI: -- going

20 MR. RIZZO: -- Court --

21 MR. CHIARELLI: -- to answer you r Judge, but he

22 interrupted again. So, 1'11 wait for the23 interruption.

MR. RIZZO: We are here today because Mr. I

Chiarelli filed an emergency motion to modify custody J

ex parte, ànd he appeared here I believe it was

24

25

26

27 December 22nd; called my office --

Page 11: Disciplinary Counsel v. Joseph Chiarelli

01/29/2010 16: 04 203-288- 7961 ULl VC.C¡'C.O i I-A\:c. l: /11 'j

6

i2

3

4

5

MR. CHIARELLI: Well, do you want to argue these

motions --

6

THE COURT; What --

MR. CHIARELL I: -- and

MR. RIZZO: -- and

MR. CHIARELLI: -- want

7 MR. RIZZO: -- before ...MR. CHIARELLI~ -- us to

MR. RIZZO: -- I _.-

MR. CHIA£'ELLI : -- argue

HR. RIZZO: -- had

MR. CHIARELLI: -- the

B

9

10

11

12

13 MR. RIZZO: -- an --l4 MR. CHIARELLI: ._- mot.ions

15 MR. RIZZO:-- opportunity

16 HR. CHIARELLI: -- Judge?

17 (Sound of microphone being impacted.)

18 MR. CHIARELLI: (indiscernible) argue?

19 THE COURT: Just let him finish.20 MR. CHIARELLI: He's just going to give you his21 distorted view or22 THE COURT: I

23 MR. CHIARELLI: -- his --24 THE COURT: -- really --

25 MR. CHIARELLI: -- interp

26 THE COURT: -- don't care.

27 MR. CHIARELLI: Okay._J

Page 12: Disciplinary Counsel v. Joseph Chiarelli

~1/¿~1 ¿~l~ Ib: ~4

20

¿~;:-¿I:l:- ('jbl ULl Vl:L;~l:~ I t"Al:l: ~ö/l"j

7

1 THE COURT: What I need to do today is to find

2 out precisely what accomtnodations the Court has to

3 make for Hr. Chiarelli so this case can be tried as

Jquickly as possible. iMR. R!ZZO: I don't believe the Court has to make!

4

5

6 any accommodations, your Honor, but that's only my

7

8

opinion.

THE COURT: I

MR. RIZZO: I

THE COURT: under

MR. RIZZO: believe --

~-t.

9

10

11

12 THE COURT: stand that's

13 MR. RIZZO: T --.J

THE COURT; your

MR. RIZZO: belie --THE COURT: opinion

MR. RIZZO: I --

14

15

16

17

18 THE COURT: ahd

19 MR. RIZZO: belie --THE COURT: that's why II masking r1r.

21 Chiarelli what his doctor has ad'7ised him and what22 his physical limitations are.23 MR. CHIARELLI: My doctor doesn't

24 (Sound of microphone being impacted.)

26

25 MR. CHIARELLI: -- want me here at all, but I'm

27

willing to come ha.lf da.ys. I don't want to lose

these trial dates that we've already had. This man

Page 13: Disciplinary Counsel v. Joseph Chiarelli

01/29/2010 10: ~4 :¿~::-:¿l:l:- l:lbl ULl VI:L;i.l:ti I t-A\:l: tJ'j/ 1 'j

8

1 wants to get this case over with. So, that's what ¡!I'm trying to do. I'm trying to get it over with for!2

3 him.

4 THE COURT.: ¡-fell i for the record, would it be

5 accurat,e, then, to say that your doctor has advised

6 you not to come to court, period?

7 MR~ CHIARELLI: Yes~ Yes. ~""~.

B THE COURT: And it's adverse

9 MR. cHiARELLI: I'm a very sick guy.

10 THE COURT: I understand that, and it

11 MR. CHIARELLI: Yes.

12 THE COURT: --would be adverse to your health to

13 be in court?

14 MR. CHIARELLI: Yes, but I'm willing to corne. I

15 want to help the Court get this case over with. T

16 don't want to give this headache to another lawyer17 and to another judge. So, that's why r keep coming

18 here and r keep trying to facil;itate the disposition19 of this case.

20 MR. RIZZO; With ex parte motions for custody?

21 MR. CHIARELLI: Well, it was absolutely -- the

22 guy came over -- my house. He had tears in his eyes.

23 MR. RIZZO: Are we going to argue the motion?

24 MR. CHI~IfELLI: So,. that's why --

2S THE COURT: No.

26 MR. CHIARELLI: 1--27 THE COURT: You're not arguing

__J

Page 14: Disciplinary Counsel v. Joseph Chiarelli

~1/¿~/¿~1~ Ib:~4

25

26

27

¿~3-¿1:1:- l'jbl ULl Vt:l;t't:~ I r-~\:i: 1 t:1 i::

9

1 MR. CHIARELLI: -- came.

2 THE COURT = -- the motion in front of me.

3 All right . Soi you can work how many hours a

4 day?

5 MR. CHIALLI; Well.. usually around 12 = 00

6 or clock, I get -- you know, I start having a lot of

7 trouble. So, I would like to try cases Llp.."i!ñ'tiJl: 00

8 Of clock each day.

9 THE COURT: Well, we're going to make an

10 exception for this case, Mr. Chiarelli, be --

11 MR. CHIARLLI: Oh --

12 THE COURT: -- cause

13 MR. CHIALLI: -- r appreciate14 THE COURT: -- I --

15 l1R. CHIARELLI: -- that

16 THE COURT: -- am --

i 7 MR. CHIARELLI: -- Judge.

16 THE COURT: I am very concerneô by your statement

19 as an officer of the Court that your doctor has

20 advised you not to try cases. I certainly will allow

21 Mr. Fusco to obtain substitute counsel. I don't want

22 to put your: health at risk.

23 MR. CHIARELLI: Yes.

24 THE COURT: So, it --

MR. CHIARELLI: I appreciate that, Judge.I

THE COURT: So, you can --Ii!

MR. CHIARELLI ~ And it's more than one doctor, I

J

Page 15: Disciplinary Counsel v. Joseph Chiarelli

~l/¿'jl ¿~l~ Ib: ~q ¿~3-Ll:ll::- ('jbl ULl Vt.Ll't.:: I t"14\:t. 111 1 ::

10

1

2

3

4

5

6

7

6

'9

10

11

12

13

14

"' -.!.:

16

17

18

19

20

21

22

23

24

25

26 J

I

27L_.

and they say that I shouldn't be coming to court.

THE COURT: Then for purposes of the Fusco case

only, based on your representation that you should

not be in cou:it at all and with the hesitancy that I

don't want anything adverse to happen to your health;

but if you insist on completing this trial, I'm

asking you to see Case Flow and get the ve~e:it.

available dates in front of Judge Kenefick, and we'11

do half days for a week or two weeks oi: however long

it takes to finish this trial.

MR. RIZZO: Consecutive days, yöur Honor?

THE COURT: If possible; yes. 1--

MR. CHIARELLI: Judge --

THE COURT: -- will step off the bench and ask

Case Flow to move whatever else J~dge Kenefick has.

MR. RIZZO: But, your Honor, if I'm hearing the

Court correctly, just so ! understand. Mr. Chiarelli

is going to work half days on this case¡ and on his

other cases, there's no limitation?

THE COURT: He's told me that his doctors have

indicated to him he should not be in court at all.

MR. RIZZO; Does that mean but thatTHE COURT: I am quite he5i tant to put. any

lawyer's health and welfare at risk by requiring them

to come to court.

MR. RIZZO: My point,. though,. is if he can pu.t in

full days on other cases, if that' s what we'__~~~

Page 16: Disciplinary Counsel v. Joseph Chiarelli

~1/¿~1 ¿~l~ Ib: ~4 ¿~;;-¿I:l:-/'jbl ULl VtJ..t.t.:: I t"Ai,t. 1 LI 1 :i

11

1

2

3

4

5

6

7

8

9

10

talking about here! then I don't see why there should

be an exception here.

MR. CHIP..ELLI: ¥oul"re making unwarranted

assum.ptions.

MR. RIZZO: ¡'m hear -- you're --

i"1R. CHIARLLI: Judge i I have a --

THE COURT: I --

MR. CHIARELLI: -- rea 1

THE COURT: -- haventt --

MR. CHIARELLI: -- issue l d

..~-

11 TH.E COURT: -- seen--

12 MR. CHIARELLI: -- like

13 THE COURT: -- him put a full day in court since14 September --

15 MR. CHIARELliI: Yes.

16 THE COURT: -- and if I am aware of him putting17 full days in court, you could bring that toia MR. RIZZO; Thank --

19 THE COURT: the--20 MR. RIZZO: you, your Honor.

21 THE COURT; Court's attentioh.

22 MR. RIZZO; 'That's all lwanted to know.23 ' THE COURT: I am going on his representation as

24 an offi.cer of the Court that his doctor or doctors25 multiple have told him --26 (Sound of microphone being impacted.)

27 THE COURT: -- he shouldn't be trying cases at

Page 17: Disciplinary Counsel v. Joseph Chiarelli

~l/~'j/~~l~ Ib:~4 L~,j-LI:I:- ('jbl UL1 Vt.l";l"i::: I rHI:C- J.~( J.:J

12

1 all; period. However, he is a dedicated lawyer, and 1

10

11

12

13

14

15

16

17

is

19

20

21

22

23

24

25

26

27

he wishes to

of microphone being impacted.)

THE COURT: -- finish this trial. So, I am

accomIodating him for this trial only. I do not wish

to put Attorney Chia;r;ellF s continued health at risk.

8 (Sound of microphone being impacted.)

So, in future trials, they might not happ~'-"

2

I

i

! (Sound

j

I

i

!

9 THE COURT: -- with Attorney Chiarelli because

3

4

5

6

7

they're not in a middle of a trial. 00 you

understand that?

MR. RIZZO: Do I understand you?

THE COURT: I/11 allow him to finish this trial

be

MR. RIZZO: Absolutely

THE COURT: cause T

MR. RIZZO: Judge.

THE COURT: don't want nine days --

MR~ RIZZO: I absolutely --

THE COURT: of these

todR. RIZZO: a --THE COURT: peoples' money to go down the

tubes.

MR. RIZZO: ! absolutely understand, your Honor.

I just --

MR. CHIARELLI: So, Judge, I have a real --

MR. RIZZO: -- don't --

Page 18: Disciplinary Counsel v. Joseph Chiarelli

~1/¿~/¿~1~ Ib:~4 ¿~j-¿I:11:l- ('jbl ULl VI:L;t-l::: I rHi.c. .LY/.L J

13

1

2

3

MR. CHIARELLI: -- issue

MR. RIZZO. -- buy it.

MR. CHIARELLI: -- that I'd like to address to

you. M.y opponent indicated to .Judge4

5 (Sound of microphone being impacted.)

6 MR. CHIARELLI: -- Kene£ick that he would bring

7 Mr. Martino to court and it wasn't necess~irfar~e

8 to subpoena Mr. Martino. 1 asked him if he will

9 bring Mr. Hartino to court. He responded in the

10 negative. So, is he going to keep his~.yrq to Judge11 Kenefick? You know, I'd like to have Mr. Martino12 here when I need him.

13 MR. RIZZO: Judge14 THE COURT: That' s an issue you should take up

15 wìth Judge --

16 (Sound of microphone being impacted.)

17 THE COURT: -- Kenefick.

18 MR. CHIAELLI: Okay. I wilL. Thank you.

19 THE COURT: Okay?20 All21 MR. RIZZO: Your -~22 THE COURT: right.23 MR. RIZZO: Honor, we're to pick dates, your24 Honor?25 THE COURT: Pm going to step off the bench to

26 talk to Case Flow so you can pick dates.27 MR. ESPOSITO: krid, your Honor, are you marking

Page 19: Disciplinary Counsel v. Joseph Chiarelli

~1/29/2~1~ 10: ~4/

:¿~::-:¿I:l:- f':bl ULl Vt.L;~t.=i I

1 off the hearing that was scheduled on the ex parte

2 motion for today?

3 rlHE COURT: Yes.

4 MR. ESPOSITO: Okay.

5 MR. RIZZO~ What happens to the ex parte motion?

6 Is it going to be denied with prejudice?

7 MR. CHIARELLI: Well, Judge, I would _....

8 THE COURT; It' s going to be heard with the

9 triaL.

10 MR. CHIARELLI: Yes.

11 THE COURT: I will schedule the trial as soon as

12 possible. The next available date for Judge Kenefick

13 will be given by you. So, if her s available tomorrow

14 and you're all available, that's the date you' 11 get.

15 MR. CHIARELLI: Okay. Thank you, Judge.

16 That's --

17 MR. RIZZO: Thank---

18 MR . CHIARELLI : -- the

19 MR. RIZZO: -- you

20 MR. CHIARELLI: -- way

21 MR. RIZZO:-- Judge.

22 MR. CHIARELLI: -- I understood it, too.

23 THE COURT: So, we're going to expedite this as

24 quickly as possible.25 MR. CHIARELLI: Yes.

26 THE COURT: All right?

27 Short recess, so ¡ can talk to Case Flow.

t"AI.t. 1:J/ 1 ':

14

I

I

Page 20: Disciplinary Counsel v. Joseph Chiarelli

01/29/2010 16: ~4 2~3-2cll:l- l:lbl ULl Vt.L:t't.::1 t"AI.c. 101 1 :i

1 'iiiE MARSHJ\L: All rise. The Court stands in a

15

2 short recess.

3 (The matter concluded.)

4 . (Recess. )

i:..

6

.,,

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

~

_J

Page 21: Disciplinary Counsel v. Joseph Chiarelli

Ø1/29/2Ø1Ø 16: Ø4 2Ø3-2BB-7961 OLIVECREST t-Al.l: 1 (11 ':

NO: FA-08 4030850 SOPE'~RIOR COORT

DAVID FOSCO JUDICIAL DISTRICTOF NEW H.iWEN

;r . AT NEW HAVEN1 CONNECTICUT

Po.NITRA FUSCO JANUARY 14, 2010

-"~.CERTiprCATION

I hereby certífy m;.~i~~~~'f~.~~~~~1l~/~;li~!ii:~~eW~íl

~*,i!~ a true and correct transcription of the stenographic

notes of the above-referenced casei heard in Superior Court,

Judicial District of New Haven f New Haven, Connecticut, before

the Honorable H. A. Abe.rY-Wet5tone,,~.li~, on t.he 14th day of

Januaryi 2ûl0.i

Dated this 15th da:'i of Januaryi 2010 in New Haven,

Connecticu t .

-, á..:".. J ! ,.

/jf;1 j~rvJI (\" '¿.',/ ç. . :r. Lanefski

Certi£ied Court Reporter

Page 22: Disciplinary Counsel v. Joseph Chiarelli

uii L~I LUiU io. u~ LU~ LUU (jU~

E,XHIBITB

EXHIBITB

EXHIBITB

EXHIBITB

EXHIBITB

EXHIBITB

Page 23: Disciplinary Counsel v. Joseph Chiarelli

JAN-21-2Ø10 11:4& FROM: ro; 1867Ø6Ø6 P:2/2

MOilON FOR CQN1NUA~CE."O~ ... lI~Q.$.lil-'l'P.il !r 142. l~~"

STATEOf COmtECTtCSll'IOFlCO~

WW.jJ.atQOv

IN9OM TO f'F!N MA MD~ ti ~811~1b 1I~.. 0I or~(J i. C&ow ~liPV sill:l fo.. ~.o1O :t di øfrh $d;~ElIi

:t ..NAOFCA~t¡1( Rt~~~DiYl Fuoco Sr. Y. AnFu9coA!tC ¡i!S OF: CI'! OF MQ"h DATe ~~~WI~ l!!l~, ll1~He Hin Q1nMQ10 ~1~'li)IU OF .lYI SCHuteo I5fENT F'OWHli r.NiNC.t 1$ IlEQ~ ¡; '!~l1blJI G. l(efd(.Jr. (5)ev FOR WHlCH CONTIUANCE IS REQUESTED: (' applbi bo~j Nid expl beJo AR'n 0 FA..~NGo AOISTRTI AP HEANG 0 JURY Tr:!ALU A TTRNEY TRAl REfeREE PROCEEDING 0 HEARiNG IN DAA.GE18 CORT "TR 0 I"ETRIAI.o CORT-AEXD MEOVl'ON 0 STATU Ci;NiEíU¡NC~o EALY INTEVENTON OO'\FERENCE 0 TRIAL MANAGEMENT CONFEiR.€o SALY NfLrrAAl EvALUATIOi..l 0 O~

Diut TrilmEASO($J FOR CONlNUAN REQi;: t' ~a) ao prv/ (I)(plan

o CONSEL NOT R& 0 LAY WIES NO AVAUJl. (Nti r¡ ~o DISCVE NOT COMPLET£

lE COUNS Nor AYAlLABL, o OfeR

o PAR. JY NO AVAlL.E: (Nf of pt

o EXE.I1TWlES HOT AVAIlABLE lNme r¡ WÌtnss)cee ~!'.it~?"

lam scletl\lred to ¡quzr;n GA. 'T Mericitn upon a lIring whilintoxlcaW pr tr confll'ne. ltun ll,~O att"' to høe

tI!l Mern~.. ~i1ti1ld. $1 'W Mi'C12alid MV-0672

For the above Meson,s) I MI' reues thIs ca be coinue to (da): 01l21V

I he agre to be ~ie for 'iilng my çlient and ~1t c:wnnl of reorQ: 8J1d p.ro w part Whhe theconnuance fi gr.nlll or d.,niCH, and If grantd, tfenl! dam ottbe scheduled event l hlY con~ al (:nse'Jnd pr sa pam" of rvCQri nirding my Intntion to' sev a cotlniNnce. ALL SUCH COUNSE AND-fRO SliPART:o CON !8 DO NO CONSENT 10 mE "OOVE MON FOR CONNUANCE AND ~EQUESlD COl'N\E DATE

PLES! NO: Agl'emi tillué a !! ß$urv1hllt tle innlí.. con~wil be gnntCf by ib c:au¡ ~y ~ 1ht .. i:py et it, m . to' al CC~ ¡i WO i;?f1' Of re~ DATE coES ~1.0I1t da st, at" ;L A he 1& an adrt of ~GÇ patt teM. 0111912014s, i/ ~ ~ OF A"ttl PR SE1'AATV P' ~O' i

Atlfl .ilt ChialiINGlIi

'riA'

"!FA UCAlõEAUo___ ellfatem

MOONF~CQ.1"WJN Illci OIWrD ,,0 DLS)

F.bXED ,o.~~ix E$O~\-rQ ~ iet -O~t\q

A \t: '\ R\7-7- (Ø d-4 - 80£.:V

CI A~E'lræ ti~i~óS!o.(~ -tialS 28-l61, !æ

t¡¡/ni ~nti: .L:33I¡"" !~6i¿ -88ë.-eaZ; 59 :£1: ei9t/ß inB