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The sexual assault case against John McGowan, day seven: Jury trial

Thursday, January 28, 2010
Time: 7:34 PM

Here's the latest on the sexual assault case against the infamous anti-immigrant xenophobe John McGowan.

The 2007 mayoral candidate, former Vice President of Elise Marciano's racist hate group, and anti-immigrant activist was arrested and charged with first degree sexual assault, which carries a maximum sentence of 20 years in jail.

The police affidavit details the alleged assault that has McGowan in deep trouble.
…he [McGowan] pushed his penis into her anus. When he did this, Victim stated that she asked "What are you doing" and "Stop." Victim states that she arched her back as she initially struggled to to get him out of her. When she did this, McGowan put his right arm around her neck and put her in a headlock.

Day seven of the trial was brief as McGowan, who's still defending himself, was granted a trial by jury which will start on April 21st. McGowan is scheduled to appear back in court on March 23rd and will have pre-trial discussions with the state prosecutor.

Register-Citizen reporter Ronald DeRosa was at the trial and filed this report:
A Bethel man facing a rape charge will attempt to argue his case without an attorney before a jury of his peers at Litchfield Superior Court in April.

John McGowan, 43, 8 Fairchild Drive, is accused of forcing a former girlfriend to have sexual relations that she did not consent to in Oct 2008. He was arrested in July 2009 by New Milford police and charged with first-degree sexual assault following an investigation.

McGowan had his last hearing appearance before Hon. Judge James P. Ginocchio on Tuesday. The suspect requested a trial by jury, which the judge agreed to preside over beginning April 21. McGowan is expected back in court on March 23 for an appearance.

Since McGowan began appearing in Litchfield for court appearances, Judge Ginocchio has repeatedly suggested McGowan hire an attorney to represent him. The suspect has, however, declined and preferred to represent himself. Assistant State’s Attorney Dawn Gallo said she would agree to conduct pre-trial discussions with McGowan – a process that is generally done between both the state’s attorney and the defense attorney.

She suggested possibly reaching an agreement before going to trial, that does not end in charges being dropped or the case not being prosecuted.

Now, where at a point in the trial where things become very serious for McGowan. The fact that the anti-immigrant extremist is still without legal counsel at this stage of the case, as pre-trial discussions are about to begin is very, very, foolish.

Given his track record in court to this date, I'm fairly certain that the prosecutor agreeing to a settlement with McGowan is very unlikely. At this point, with the possibility of an agreement on the table, McGowan would be very wise to seek an attorney and let him or her try to work on a settlement with the prosecutor...or deal with the consequences.

posted by ctblogger at 7:34 PM | Permalink|


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On September 26, 2007, ten plaintiffs filed suit in response to an arrest of aday laborers at a public park in Danbury, Connecticut. Plaintiffs amended their complaint on November 26, 2007.

The amended complaint states that plaintiffs sought to remedy the continued discriminatory and unauthorized enforcement of federal immigration laws against the Latino residents of the City of Danbury by Danbury's mayor and its police department.

Plaintiffs allege that the arrests violated their Fourth Amendment rights and the Connecticut Constitution because defendants conducted the arrests without valid warrants, in the absence of exigent circumstances, and without probable cause to believe that plaintiffs were engaged in unlawful activity. In addition, plaintiffs allege that defendants improperly stopped, detained, investigated, searched and arrested plaintiffs. Plaintiffs also allege that defendants violated their Fourteenth Amendment rights when they intentionally targeted plaintiffs, and arrested and detained them on the basis of their race, ethnicity and perceived national origin. Plaintiffs raise First Amendment, Due Process and tort claims.

Plaintiffs request declaratory relief, damages and attorneys fees.



Danbury Area Coalition for the Rights of Immigrants v.
U.S. Dept. of Homeland Security
3:06-cv-01992-RNC ( D. Conn. )

(02.25.08) Court docket

(10.24.07) Memorandum in Opposition to Defendant's Emergency Motion for Protective Order

(09.26.07) Press Release

(12.14.06) Complaint

Barrera v. Boughton, No. 07-01436
(D. Conn. filed Sept. 26, 2007)

(02.25.08) Court Docket

Amended complaint

Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction

Defendants' Motion to Dismiss State Law Claims

Plaintiffs' Opposition to Motion to Dismiss

Order on Motion to Dismiss

Defendants' Answer to Amended Complaint

NEW HAVEN REGISTER: Immigrant's 2006 arrest was flawed Danbury mayor testifies

(10.05.07 (VIDEO) Boughton mislead the public about Danbury's involvement in raid

(09.18.07) Yale Law Students expose Danbury involvement in raid

(12.14.06) VIDEO: Interview with Yale Law Students at FOI presser

(12.14.06) VIDEO: Danbury 11 FOI complaint media roundup

City Clerk Jean Natale standing next to skinhead sparks outrage

(10.03.06) VIDEO: Danbury 11 rally

(09.29.06) VIDEO: Danbury 11 case deepens

Word of raid spread across the country

(09/29/06) VIDEO: Danbury 11 protest news conference

(09/29/06) Immigrant newspaper "El Canillita" gives best account of ICE day labor raid at Kennedy Park


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