Upgrades
Time: 8:34 AM
Things might get whacky on the site over the next day or two while I tweek the CSS/HTML code..hopefully this won't take too long...
THE CASE AGAINST JOHN MCGOWAN: Trial day two (or send in the clowns)
Time: 6:15 PM
UPDATE 6:00 PM: Well, lets just say that McGowan's Sovereign Nation whackos didn't do him any favors today.
I'll have a rundown on everything but Register-Citizen's Jason Siedzik pretty much summed up everything that happened today in court.
John McGowan’s defense began Thursday in Litchfield Superior Court with a turn towards the forensic — and the political.
The former Danbury mayoral candidate and current Bethel public access television host, accused of sexually assaulting a former girlfriend at his home in October 2008, began presenting his defense after the prosecution rested early in the day’s proceedings. If convicted of first-degree sexual assault, McGowan could face up to 20 years in prison.
McGowan’s defense revolves around the question of consent. His accuser, addressed as Jane Doe, testified that a “tension-breaker” game of strip poker turned into increasingly violent oral sex. Doe said she tried to escape, only to be allegedly restrained and forcibly sodomized by McGowan. While McGowan does not deny that the two had sex, he said the sex was consensual.
Forensic biologist Jane Cordraro, of the state’s forensic lab in Meriden, testified about the presence of blood or semen on several pieces of evidence, including toilet paper and articles of clothing, submitted to the lab in March 2010. While Cordraro testified that she did not find sperm or seminal fluid on the clothing, a piece of toilet paper submitted to the lab tested positive for seminal fluid.
Cordraro could not identify the origin of the semen, nor could she state whether it came from consensual sex. However, Cordraro said it is not her job to test for DNA. Instead, her job is to use her training to find certain fluids, and if they are present, those pieces of evidence are forwarded to a DNA analyst. In this case, the DNA analyst to test the samples, Christine Roy, will be called as a rebuttal witness by the prosecution.
“In forensic biology,” Cordraro said, “I just identify bodily fluids, then submit it to the DNA section.”
Cordraro said that two samples taken from the toilet paper tested positive for one sperm cell and a protein in seminal fluid. McGowan asked Cordraro during redirect if she could identify whether the sperm or fluid came from non-consensual sex, but Cordraro said that judgment call was “out of my expertise.”
Another of McGowan’s witnesses, therapist and holistic health counselor Chris Salonia, was disallowed as an expert witness following questions from senior assistant state’s attorney David Shannon about her training. Salonia is currently waiting to testify as an expert witness in a civil suit against the estate of Dr. George Reardon, who allegedly molested hundreds of boys while working as a doctor, and St. Francis Hospital, where Dr. Reardon worked as an endocrinologist.
Responding to questions about her background as a therapist, Salonia claimed that “Western medicine has not found the way to healing” when it comes to sexual assault trauma. Instead, Salonia described pharmaceutical remedies as “chemotherapy” in contrast to her practice of rebirthing and emotional freedom techniques.
“Prozac and alcohol are chemotherapy?” asked Shannon.
“Yes, they’re chemical therapy,” Salonia responded.
Salonia was eventually permitted as a character witness after Judge James P. Ginocchio ruled that her experience treating post-traumatic stress disorder, as well as drug and alcohol dependency, would not make her suited to be an expert witness. Additionally, Salonia stated she would testify that the injuries described by Doe were inconsistent with sexual assault, but Ginocchio ruled that was a medical question for medical experts.
“What I would be testifying to is when you’re sexually assaulted from behind, it’s not how she described,” Salonia said. “You would need to have multiple arms, and John McGowan would need to have a penis like a boa constrictor.”
After attesting to McGowan’s character, though, Salonia’s testimony quickly veered into the political arena. Salonia and McGowan both belong to the Republic of the United States of America, as do the three character witnesses following Salonia. Shannon asked about Salonia’s membership during cross-examination — one of the references Salonia cited for McGowan’s character was a trip the two took to the Republic of the United States of America’s Continental Congress in Utah — touching off a prolonged discussion of the group’s beliefs.
Salonia asserted the Republic’s belief that the Constitution was replaced by former President Abraham Lincoln in 1861, transforming the country into a “corporation.” Salonia and McGowan are both “senators” in the “Connecticut Republic,” one of 50 groups claiming to be part of the Republic of the United States of America. Considering the state of the Constitution, Salonia stated, the Connecticut judicial system has no jurisdiction in the case, because according to “the original Constitution,” McGowan’s accuser must bring the charges against McGowan, not the state of Connecticut.
“The state is accusing me of sexually assaulting the state?” asked McGowan of Salonia, who responded in the affirmative.
McGowan continued by asking Salonia if the case was consequently unconstitutional, since all of the paperwork for the case read “the state of Connecticut vs. John McGowan.” Salonia concurred.
“They’re not the injured party,” Salonia said, “so they have no jurisdiction.”
Ginocchio promptly shut down McGowan’s redirect questions about the Republic’s beliefs, but fellow sovereign citizens testified to McGowan’s character. Some of McGowan’s fellow Connecticut Republic members, including character witness Deborah Jones, make money by selling health products online and through multi-level marketing companies.
“You guys make money together by selling health products online?” Shannon asked Sheri Snow, another witness. Snow responded that “I’m not a part of that.”
Only two potential witnesses remained after Michelle Scalpi, the last of McGowan’s character witnesses, testified — DNA analyst Roy, who will be called as a rebuttal witness – and McGowan himself. Scalpi finished testifying just before noon and the six-member jury was excused to discuss the rest of McGowan’s witnesses.
However, McGowan was still undecided about whether or not he would testify, requesting time to mull over the decision. Ginocchio gave him one more day to present his jury charge, but fully expected to complete testimony the morning of August 9. The trial is well ahead of schedule, and rather than call for a lunch recess when court would immediately adjourn for the day, Ginocchio instead dismissed the jury for the day, adjourning court until August 9 at 9:30 a.m. Closing arguments are expected no later than August 10.
In short, McGowan's character witnesses are just as just as whacky as he is and I'm stunned that Judge Ginocchio didn't come down harder when McDummy and "Senator" Salonia started their babbling about the Constitution and their "out there" beliefs.
Since court is adjourned till Next Tuesday, I'm going to take my time going through my notes and do a full recap on the last two days and my thoughts on the trial to date.
UPDATE 1:00 PM: This case is going at warp speed and I'm thinking the whole thing might be over a lot sooner than planned.
I arrived at the courthouse at 12:00 and today's proceedings were just about over. Luckily, a reporter for the Register-Citizen was on hand and got me up to speed on what happened today. I'll update everyone on what happened today later (give a little while to transcribe my notes).
I'm running a bit behind schedule so I'll be at the Litchfield Courthouse around 11:30 today.
It's reported that the prosecution should wrap up it's case today. Unfortunately, I can't provide live blog updates from inside the courtroom but I'll give an update during the recess (around 1:00 PM).
Ducking responsibility
Time: 1:18 PM
Here he goes again...
Here's a quote from Lorraine Amaral, organizer of many of the events for Save Our Sports regarding the city's twisted priorities.
“I understand that the budget is tight but they have $30,000 for the dog park,” Amaral said. “Maybe we have to get back to basics and put more where we need it, and be a little less frivolous. Priorities have to come first. I was brought up in the way there is a need and a want, needs come first, wants come second. This is a need for the whole town.”
The response from our laughable mayor...duck responsibility.
According to Mayor Mark Boughton, the money for the dog park will not be coming from tax payer money, it is being raised privately. “I could give a hundred grand to restore freshman sports, but under state law, we cannot direct the way the Board of Ed spends it. Out of the $100 million plus budget, I cannot understand why the Board of Ed cannot find it,” said Boughton.
A few things:
1. The idiotic dog park proposal WILL cost the city money as the city will be on the hook to maintain the facility. The city will also be on the hook for any lawsuits stemming from any accidents occurring at the dog park (i.e., the town of Ridgefield is currently in court over a dog attack that happened at their park).
2. It was Boughton who decreased and decreased funding to education over the years. This resulted in the Board of Education taking drastic measures in order to keep the level of education at it's current state.
3. Last year, Boughton overstepped his bounds as mayor; he "punished" the Board of Education by taking back money that was allocated to the BOE because he didn't agree with the way the money was used.
News-Times editorial, July 9 2010:
Danbury Mayor Mark Boughton has gone too far and has overstepped boundaries in his attempt to cut the already approved education budget.
Boughton wants to take back the equivalent of raises given to four non-union administrators, and a salary for another.
The mayor has called the 2.5 percent raises to four people irresponsible at a time when an intermediate school is closing in the city and other cost-saving measures are being instituted.
He has a point. Every expenditure must be carefully weighed when it comes to educating children -- no matter the frugality of the economic times.
But it is too late. The mayor and the City Council had their chance to review the proposed education budget; they took the responsibility seriously and allowed a less than 2 percent increase above the previous year.
It was up to the Board of Education to work with that amount, though the increase was only half of what was requested. Neither the mayor nor the City Council ought to have line-item veto power over the Board of Education.
[...]
Mayor Boughton's suggestion, which was referred to committee last week by the City Council, amounts to posturing.
[...]
For trying to do so, Mayor Boughton, a former teacher, should get called into the principal's office.
Can the Board of Education find the funds to keep freshman sports alive, probably.
Does the mayor share in the blame for freshman sports being eliminated, definitely. This entire episode is due in part to the decreased level of funding this mayor was allocated to education, which has resulted in art classes being taught from a cart, the elimination of para-professionals (specifically in Kindergarten classes) while enrollment is steadily increasing, and classroom sizes increasing at an alarming rate.
Boughton lives to duck responsibility when something goes bad in the schools while taking responsibility for the good things that happen within the school system...in Mark's demented world, he can have it both ways.
Danbury TV VIDEO: August 2011 City Counci Meeting
Time: 8:55 AM
Councilmen Ben Chianese and Paul Rotello speak out on clear-cutting fiasco
Time: 8:22 AM
THE CASE AGAINST JOHN McGOWAN: D-day
Time: 9:32 AM
According to McGowan’s accuser — referred to as Jane Doe throughout the proceedings — McGowan invited her over to his New Milford house, which was under construction, for dinner on October 20, 2008. Shortly after dinner, the two began playing strip poker, which Doe said was “kind of a playful thing. I thought it was a tension-breaker.”
Following the game, McGowan allegedly began pressuring Doe into performing oral sex on him. While she initially refused, Doe relented, but McGowan allegedly became increasingly violent.
Doe testified that she had blacked out, and after regaining her senses, began crawling towards the rest of her clothes — she was still wearing her pants — only for McGowan to allegedly tear her pants off and begin having sex with her. Doe resisted, but eventually McGowan allegedly initiated other sexual acts.
Doe added that McGowan allegedly claimed to expand on the evening’s events, talking about gagging her, tying her up and keeping her in a hotel room for three days. McGowan allegedly remarked that Doe’s “husband” — her live-in boyfriend of 25 years and father of her children — could not stop him.
“At this point,” Doe testified, “I didn’t know if I was going to make it home.”
[...]
Dressed in a black shirt, black cargo pants and brown coat, McGowan veered the cross-examination of his accuser into several argumentative threads, leading Ginocchio to excuse the jury several times. McGowan disputed the answers provided by Doe to several questions, causing Ginocchio to admonish him and remind McGowan that the purpose of cross-examination is to ask questions.
“You have to ask questions of the witness,” Ginocchio said. “If you don’t like the answer, you can ask another question.”
Dr. Mary McKessy, an attending physician in the emergency department at New Milford Hospital, testified to her examination of the accuser on October 22, 2008. McKessy stated that according to her medical records the victim did receives some injuries. McKessy also testified on redirect that she had interviewed Doe and confirmed that the injuries were from a sexual assault.
New Milford Police Department detective sergeant Carla Tencza was the last of the prosecution’s witnesses to testify on Wednesday. According to Det. Sgt. Tencza, who had interviewed McGowan during the investigation, McGowan stated that he believed the sex was consensual the entire time, but added that Doe mentioned that she was in pain after the incident.
Shannon said that the prosecution expects to rest shortly after the trial resumes Thursday morning.
Ginocchio urged McGowan to bring in as many of his witnesses as possible on Thursday in order to hold to the trial’s schedule, adding that he expected both sides to make their closing arguments August 10.
UPDATE 7:35 PM: Here's the portion of the police report where it appears that the victim testimony in court doesn't match what she told the police.
Again, Pirro:
McGowan, who claims the sex was consensual and is serving as his own attorney, missed what appeared to be a clear opportunity to challenge Doe over her testimony that she had never engaged in anal sex with her "husband," who the defendant repeatedly referred to as a boyfriend.
In a statement Doe gave to New Milford police detective Carla Tencza, now a sergeant, two days after the assault, she admitted occasionally having done so.
Here's what the victim stated in the police report (page 5, last graph):
John and I continued to see each other and have a close relationship. We continued to talk and discuss sexual things but refrained from having intercourse. During these discussions John had even inquired about things that I had done or was currently doing with my husband regarding sexual acts. John had even asked if I had ever had anal intercourse with my husband to which I refused to answer at first and eventually admitted that we had...I explained to John that my husband and I did not have that type of intercourse on a regular basis because my husband did not desire to cause me pain or damage me.
As I stated before, if McGowan wasn't so out of touch with reality, he would had dropped his idiotic pseudo-law nonsense a LONG TIME ago and retained legal counsel...but alas, he's an idiot being advised by bigger idiots.
UPDATE 7:25 PM News-Times John Pirro just did a write-up on today's proceedings, which includes a breakdown of the alleged victim's testimony and outlines at least one instance where the victim's testimony doesn't match what was in the police report (which is why McGowan is a complete and utter IDIOT for not having legal counsel).
The woman who accused the 45-year-old Bethel resident of sexually assaulting her in New Milford in 2008 was the first person to take the stand, and graphically described how a romantic interlude abruptly turned violent when McGowan began raping her anally, she said, despite her protests and shouts for him to stop.
"I couldn't breathe and I began to black out," the woman, who has been referred to in court only as "Jane Doe," said in a trembling voice. "I screamed so loud I could feel the windows shake."
The assault allegedly occurred at house that McGowan was building on Juniper Lane, where the couple, whose friendship turned physical a few weeks earlier, had gone for a meal and a game of strip poker after a meeting at McGowan's church.
Doe told the jury that she'd met the one-time Danbury mayoral candidate and longtime anti-immigration activist the previous spring at a community access television workshop in Danbury, where McGowan was taping his weekly talk show, "John McGowan Presents."
McGowan offered her a position with his program, and over the next few months, the two grew close, even though Doe had been living with a man who was the father of her two children for the past 25 years.
"Things had become rocky between us," Doe told the jury, and she'd informed the man she called her "husband" she wanted to end the relationship the previous year, even though they continued to live together.
But Doe said she hesitated to become physically involved with McGowan because of her belief in not having sex outside marriage. Nevertheless, in the weeks before the Oct. 20, 2008 incident, they were intimate several times, she said.
Doe said she and McGowan had discussed sexual boundaries, and he was aware she didn't want to engage in anal intercourse.
"I thought he was a friend, someone I could count on and trust," Doe said.
McGowan, who claims the sex was consensual and is serving as his own attorney, missed what appeared to be a clear opportunity to challenge Doe over her testimony that she had never engaged in anal sex with her "husband," who the defendant repeatedly referred to as a boyfriend.
In a statement Doe gave to New Milford police detective Carla Tencza, now a sergeant, two days after the assault, she admitted occasionally having done so.
McGowan had to be assisted by Judge James Ginocchio in framing his questions during his cross examination.
"I'm giving you more advice than I probably should, only to be fair," Ginocchio said.
UPDATE 7:00 PM Juggling two things at the same time right now and I haven't transcribed my notes from the trial today.
I missed the testimony from the victim but reporters from the News-Times and Register-Citizen were on-hand and will fill in the blanks. I was there to listen to the testimony from doctor at the New Milford Hospital who examined the victim (Dr. Mary MacKessy (sp)) as well as from part of the testimony from Det Tencza from the New Milford Police Department (I had to go at the start of McGowan's cross-examination of the police officer).
Once I have everything in order, I'll do a more complete post on what went down today...I will say that IF McGowan had an attorney, he'd have a better chance in poking holes in this case...but alas, he's an idiot who's being advised by even bigger idiots.
...developing.
UPDATE 4:20 PM: Had to leave court early but was able to listen to testimony from the alleged victim as well as from the person who examined the victim and the officer who investigated the case.
All I can say is that McGowan is an idiot for not having an attorney and if he's convicted of the crime, it's because he didn't have legal counsel that would be able to point out some of the holes in the case that could possibly lead to a jury having reasonable doubt...but alas McGowan is an idiot.
More to come soon...
UPDATE 1:10 PM: I finally made it to the court in Litchfield and although I missed the morning proceedings (court is at recess for lunch till 2:00) there are plenty of media on hand.
Here's what I know so far.
McGowan will not be able to testify that he passed the lie detector test results. McGowan claims that he passed the lie detector test administered by the police department BUT we still don't know how he answered the questions posed to him in during the test (questions during the test were outlined in the police report).
According to reporters, the only person who has testified thus far was the victim who described in very graphic detail what happened when the alleged rape occurred.
The proceedings will continue at 2:00 and I'll update the post later today.
This morning, opening statements in the rape trial against John McGowan are set to begin. Unfortunately, due to a scheduling conflict, I won't be able to attend most of the proceedings this morning BUT several media outlets are on the scene and will report on everything that happens today.
Here's a brief write-up on what going to happen in Litchfield Superior Court today by the Register-Citizen:
LITCHFIELD — A Bethel man accused of first-degree sexual assault will defend himself at trial Wednesday in Litchfield Superior Court.I'll update this post as soon as I have information on what happened in court.
John McGowan, 44, 8 Fairchild Drive, is accused of forcing his former girlfriend to have sexual relations in October 2008. He was arrested in July 2009 by New Milford police and charged with first-degree sexual assault following an investigation.
McGowan is at liberty on a $7,500 bond. The trial is scheduled to take place Aug. 3, 4, 9, 10 and 11.
Since McGowan began appearing in Litchfield, Judge James P. Ginocchio has repeatedly suggested that he hire an attorney to represent him. The alleged sexual offender has, however, declined and preferred to represent himself.
Judge Ginocchio previously ordered McGowan undergo a competency test due to his behavior in the courtroom. Both a psychologist and a psychiatrist from the Department of Mental Health and Addiction Services determined he was competent enough to understand the charges he is facing and to conduct his own defense.
If found guilty following a trial, the first-degree sexual assault could land McGowan a 20-year jail sentence.
News-Times picks up on clear-cutting story
Time: 3:04 PM
I've been running around collecting info for my follow-up on the story regarding the clear-cutting over at Kennedy Ave. Unfortunately City Hall was closed on Friday so there were many questions in my original post that were left unanswered due to the fact that no one was around on Friday to answer my concerns.
News-Times Dirk Perrefort did a write-up on the fiasco...here's some highlights:
City officials have asked Danbury Police to investigate the recent clear-cutting of trees on city-owned property.
The neighboring property owner, who ordered the clear-cutting on the hillside overlooking Kennedy Avenue, has asked to buy the land from the city.
"I am really not happy with what happened here, and that's why I've asked the Police Department to investigate the matter," Public Works Director Antonio Iadarola said Monday. "This is a complete decimation of city property."
Iadarola said property owner Michael Aiello had a permit to clear some trees surrounding nearby Bells Lane, but the city did not give him permission to clear-cut the entire hillside.
"This is an abuse of the permit that was issued to him," Iadarola said.
According to the property owner, this is a misunderstanding...
He undertook the project, he said, because the hillside had become a dumping ground for trash.
The clear-cutting also provides a better line of sight for police to monitor activity on the property, he said.
"There is a lot of criminal activity that has occurred there, and we want to clean up the neighborhood," Aiello said. "We never meant to step on anyone's toes."
The article goes on talking about the developer's desire to purchase the land from the city as well as built a condo complex on Bells Lane.
Dirk left out some key pieces on info in his article which I'll provide in future posts.
...developing.
First Night button contest announced
Time: 11:17 AM
Press release from City Center:
FIRST NIGHT DANBURY 2011-2012 ANNOUNCES BUTTON DESIGN CONTEST
Danbury, CT - As First Night Danbury enters its 22nd year as the city's popular family friendly, alcohol free New Year's Eve celebration, it's "Looking Up & Moving Forward." That's this year's theme, a nod to the fest's venerable history, its artistic and community regrowth, and to the Danbury Main Street Partnership, for which it serves as a year-end acknowledgement of the ongoing excitement of what's happening downtown. This year, the First Night Night Danbury 2011-2012 edition returns to the tradition of creating its buttons and advertising campaign using an original and thematic image created by a regional artist, whether amateur or pro.
Contest rules are simple:
- Anyone may enter, from toddlers to seniors, living down the street or regionally;
- The image must be original, eye catching, easily reproducible, and reflect this year's theme, "Looking Up & Moving Forward," and may be produced in any medium - crayon, oil, photo, collage;
- Submissions must be 8-1/2 by 11 inches only - on paper, canvas, cardboard, tin or other material;
- The artist may choose to include the words "First Night Danbury 2011-2012" and/or "Looking Up & Moving Forward," but it's not necessary;
- Please mark back of submission with name, age (if under 18), address, phone and email contact;
- Submissions may be hand delivered or mailed (Do Not Bend) to First Night Danbury, CityCenter, 186 Main Street, Danbury, CT 06810, no later than September 1st, 2011;
- All submissions become the property of First Night Danbury and will be exhibited during this year's new year's eve celebration.
A jury of noted Danbury artists and officials will select this year's button design, and the winner will be named from the stage at "Taste of Danbury" on Sunday, September 11th. Besides the artist's button design serving as the visual ambassador for First Night, s/he will receive a follow up media release and photo blast, and 8 buttons to bring family and friends to First Night Danbury 2011-2012.
New Year's is just around the corner, and First Night is already "Looking Up & Moving Forward." First Night Danbury is presented at many CityCenter venues from
4:00 p.m. - 8:00 p.m., with fireworks to follow at 8:30 p.m. The celebration is sponsored in part, by the Danbury Cultural Commission, Union Savings Bank, News Times, CityCenter Danbury, and many local businesses.
Memories of Dyer
Time: 11:09 AM
Well, that was interesting...
Time: 5:22 PM
Hat City Blog | READ, WATCH, AND LEARN.
No part of the content or the blog may be reproduced without prior written permission.
PEOPLE-POWERED MEDIA.
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License