State of Connecticut v. 305351 (2012)

MEMORANDUM OF DECISION

The petitioner is Keith Foster.   He was convicted by a jury of the following:

1. Murder in the commission of a felony, § 53a–54c, with a penalty of up to sixty years.   His sentence was sixty years.

2. Murder, § 53a–54a, with a penalty of up to sixty years.   His sentence was sixty years to run concurrent.

3. Accessory to Kidnapping 1st, § 53a–92(a)(2)(A), with a penalty of up to twenty years.   His sentence was twenty years consecutive.

4. Accessory to Kidnapping 1st, § 53a–92(a)(2)(B), with a penalty up to twenty years.   His sentence was twenty years concurrent.

5. Accessory to Kidnapping 1st, § 53a–92(a)(2)(C) with a penalty up to twenty years.   His sentence was twenty years concurrent.

6. Conspiracy to Commit Kidnapping 1st § 53a–92(a)(2), with a penalty up to twenty years.   He was sentenced to twenty years consecutive.

7. Sexual Assault 1st use or threat of force, § 53a–70(a)(1), with a penalty of up to twenty years.   He was sentenced to twenty years concurrent.

8. Accessory to Tampering with a Witness, § 53a–151(a) with a penalty up to five years.   He was sentenced to five years consecutive.

9. Accessory to Tampering with Evidence, § 53a–155(a)(1) with a penalty up to five years.   He was sentenced to five years consecutive.

His total effective sentence was one hundred and ten years to serve.   It is from this sentence the petitioner seeks review.

The facts are as follows:

On October 15th and 17th, 1997 a 13–year–old female, along with her mother, filed sexual assault complaints with the New Milford Police.   The complaints involved Keith Foster and Alan Walter.   The victim did not complete her complaint against Foster on the 17th and was rescheduled to complete it on October 20th.

On October 21, 1997 the mother of the 13–year–old female reported her missing to the New Milford Police.   A body was found on July 15, 1998 in a Bridgewater lake in a blanket and chains and an autopsy concluded the cause to be an intentional homicide.

The investigation was conducted over four years and several suspects emerged.   Police determined that Alan Walter, Deaneric Dupas, Ronald Rajcok, Keith Foster, Jeffrey Boyette, Dorothy Hallas, Maggie Bennett and June Bates Seger had conspired to abduct, assault and intimidate the victim to get her to withdraw sexual assault complaints she had made with regard to Walter and Foster.   The group abducted the victim from a parking lot and sexually assaulted her and beat her then wrapped her body and dumped her into a lake.

The petitioner claims his sentence is inappropriate and disproportionate pursuant to Practice Book § 43–28.   He argues the one hundred and ten years is excessive and amounts to a trial penalty.   The other defendants received far less.   The petitioner addressed the division and indicated he had nothing to do with this crime.

The state argues the thirteen-year-old victim was gang raped.   The state argues three separate and distinct crimes should be included in the sentence;  the kidnapping, the sexual assault and the violent murder.   The petitioner has shown no remorse and the state requests the sentence be affirmed.

Pursuant to Connecticut Practice Book § 43–23 et seq., the Sentence Review Division is limited in the scope of its review.   The Division is to determine whether the sentence imposed “should be modified because it is inappropriate or disproportionate in the light of the nature of the offense, the character of the offender, the protection of the public interest and the deterrent, rehabilitative, isolative and denunciatory purposes for which the sentence was intended.”   The Division is without authority to modify sentences except in accordance with the provisions of Connecticut Practice Book § 43–23 et seq. and Connecticut General Statute § 51–194 et seq.

The Division finds there is nothing inappropriate or disproportionate about the sentence imposed by the trial court in this case.   The petitioner was the leader of the group who kidnapped, raped and then murdered the thirteen-year-old victim.   As the sentencing court indicated “it was a perfect storm of evil.”

In reviewing the record as a whole, the Division finds that the sentencing court's actions were in accordance with the parameters of Connecticut Practice Book § 43–23.

The Sentence is Affirmed.

Brian T. Fischer, Judge

Gary White, Judge

Kari Dooley, Judge

Fischer, Brian T., White, Gary J., Dooley, Kari, A., Js.