State of Connecticut v. Tyler D. Wells (2013)

Memorandum of Decision

On August 22, 2013, this Court sentenced the defendant to a total of two years, execution suspended, two years probation.

At the conclusion of the sentencing proceedings, the Clerk handed the Court a two-page inventory of seized property.

The Court asked counsel whether or not there was any claim to any of the inventory.   The only one to respond to the Court's question was the defendant's attorney, Stephen McEleney.   He responded in the negative.   The Court thereupon ordered the inventory destroyed.   Effectively, by that statement, defense counsel waived the issue of whether or not the inventoried items should be preserved.

The victim was not present at the sentencing proceeding nor was the victim's attorney, John P. Clifford, Jr., who is representing her and the family in a civil suit against the Board of Education for the town in which the offense occurred.

August 30, 2013, six business days after the Court's judgment, the State filed a motion to preserve the evidence, in anticipation of a civil lawsuit to be initiated within 45 days of the State's motion.   On September 10, 2013, the victim through counsel filed a motion both to preserve the inventory and to have returned to the victim her cell phone.

This Court finds that the State's motion to preserve the seized property as well as the victim's motions occurred in a timely manner.   Section 54–36a(c) states:

Unless such seized property is stolen property and is ordered returned pursuant to subsection (b) of this section, or there is such seized property is adjudicated a nuisance, in accordance with Section 54–33g, or unless the court finds that such property shall be forfeited or is contraband, or finds that such property is a controlled drug, a controlled substance or drug paraphernalia as defined in subdivision, (8), (9), or (20) of Section 21a–240, it shall, at the final disposition of the criminal action or as soon thereafter as is practical, or, if there is no criminal action, at any time—at any time upon motion of the prosecuting official of such court, order the return of such property to its owner within six months upon proper claim therefore.

In the interest of justice and other equitable considerations, this Court finds that the State and the victim acted in a timely manner.   There is no prejudice to the defendant, because the defendant at the conclusion of the sentencing hearing made no claim to the seized property.   The cell phone is ordered returned to the rightful owner.   The remainder of the properties listed on the inventories including the CDs, shall be preserved until further order of this Court.

By the Court,

Scheinblum, J.

Scheinblum, Howard, S.J.