State of Connecticut v. Lisa Whitnum–Baker (2013)

MEMORANDUM OF DECISION RE DEFENDANT'S MOTION FOR MODIFICATION OF PROTECTIVE ORDER

The defendant has filed a motion for modification of a protective order in the above-listed matter.   This is matter is presently pending at the Superior Court, Geographical Area 2 in Bridgeport, having been transferred from Geographical Area 23 in New Haven.   The defendant is charged with the crimes of Stalking in the Second Degree, General Statutes § 53a–181d;  Harassment in the Second degree, General Statutes § 183;  and Disorderly Conduct, General Statutes § 53a–182.

During the pendency of the case in Geographical Area 23, New Haven, a protective order was issued on July 9, 2013 (Holden, J.) pursuant to General Statutes § 54–1k.¹  The effective date of the protective order is July 10, 2013.   Among other standard conditions, the protective order provides that the defendant:

1. Not assault, threaten, abuse, harass, follow, interfere with, or stalk the protected person;

2.  Stay away from the home of the protected person and wherever the protected person resides;

3.  Do not contact the protected person in any manner ․ and do not contact the protected person's home, workplace ․;

4.  Stay 100 yards away from the protected person.

The defendant now seeks a modification of the protective order to allow the defendant access to the Stamford–Norwalk Judicial District courthouse building located at 123 Hoyt Street, Stamford, Connecticut, where the protected person is currently employed.   The defendant claims that she is a party litigant in three presently pending civil legal actions at said courthouse and needs access to the court building, the Clerk's Office and courtrooms to adequately conduct her legal business in those pending matters.²

The present protective order issued on July 9, 2013 does not prevent access to the Stamford court facility or any other court facility.   The problematic condition contained in said protective order is that the defendant is to “stay 100 yards away from the victim.”   As the victim-complaining witness is currently employed at the Stamford courthouse, it is not possible for the defendant to be in compliance with this protective order condition at any time she enters the building at 123 Hoyt Street, Stamford related to her pending court cases.   The court is sensitive to the need to issue protective orders on behalf of any victim who reasonably fears for his or her physical safety.   Victims and complaining witnesses need to be protected from threats, harassment, injury or intimidation by defendants in criminal proceedings.   At the same time, the court is also cognizant to the rights of citizens to access governmental buildings and facilities to conduct their legitimate personal and legal business.   This is especially true when one who is subject to a protective order requests access to a court facility to conduct the business that is reasonable and necessary to litigate active pending cases whether in the role of a plaintiff or a defendant.   To ban a person from a court facility in order to enforce the 100 yard “stay away” provision of the protective order could have the effect of substantial prejudice to a party-litigant in cases unrelated to the present matter.

Nonetheless, it is not unreasonable to place thoughtful limits on such access, in an attempt to balance the needs and rights of a victim against the legitimate rights and needs of the defendant, who wishes to adequately litigate the unrelated civil cases in which she is a party-litigant.   In doing so, this court is also mindful of security measures in place at courts to protect employees and members of the public from harm, annoyance and harassment.

Accordingly, the court orders that a revised protective order issue with the following provisions, which are in addition to the standard provisions regarding limitations on firearms ownership and possession:

1.  The defendant shall not assault, threaten, abuse, harass, follow, interfere with, or stalk the protected person;

2.  The defendant shall stay away from the home of the protected person and wherever the protected person resides;

3.  The defendant shall not contact the protected person in any manner including by written, electronic or telephone contact, and do not contact the protected person's home, workplace or others with whom the contact would be likely to cause annoyance or alarm to the protected person.

4. Stay 100 yards away from the protected person except as set forth in condition # 5.

5.  The defendant shall be able to enter and exit the Stamford Judicial District Court at 123 Hoyt Street, Stamford, Ct. during normal business hours of operation to conduct reasonable and legitimate court business related to her pending civil court matters.   This includes access to the court clerk's office, the law library and those courtrooms where her pending matters have been assigned on various dates and times for the purposes of trials, motion hearings and/or pretrial conferences.   At no time shall the defendant initiate or seek to initiate any contact with the victim while upon or in the court premises.   The defendant shall refrain from entering the third floor of the court facility unless authorized or summoned to do so by court marshals or court personnel solely for the purposes of litigating matters in her pending cases.

Pursuant to General Statutes § 54–1k(a) the clerk of the court shall cause (1) a copy of such order or the information contained in such order to be sent to the victim, and (2) a copy of such order, or the information contained in such order, to be sent by facsimile or other means not later than forty-eight hours after its issuance to the law enforcement agency or agencies for the town in which the victim resides, the town in which the victim is employed and the town in which the defendant resides.   In accordance with § 54–1k(c) the information contained in and concerning the issuance of any protective order issued under this section shall be entered in the registry of protective orders pursuant to section 51–5c.   This revised order is effective upon notice to the defendant.

THE COURT

BY Arnold, J.

FOOTNOTES

FN1. General Statutes § 54–1k provides as follows:(a) Upon the arrest of a person for a violation of subdivision (1) or (2) of subsection (a) of section 53–21, section 53a–70, 53a–70a, 53a–70c, 53a–71, 53a–72a, 53a–72b or 53a–73a, or any attempt thereof, or section 53a–181c, 53a–181d or 53a–181e, the court may issue a protective order pursuant to this section.   Upon the arrest of a person for a violation of section 53a–182b or 53a–183, the court may issue a protective order pursuant to this section if it finds that such violation caused the victim to reasonably fear for his or her physical safety.   Such order shall be an order of the court, and the clerk of the court shall cause (1) a copy of such order or the information contained in such order to be sent to the victim, and (2) a copy of such order, or the information contained in such order, to be sent by facsimile or other means not later than forty-eight hours after its issuance to the law enforcement agency or agencies for the town in which the victim resides, the town in which the victim is employed and the town in which the defendant resides.   If the victim is enrolled in a public or private elementary or secondary school, including a technical high school, or an institution of higher education, as defined in section 10a–55, the clerk of the court shall, upon the request of the victim, send, by facsimile or other means, a copy of such order, or the information contained in such order, to such school or institution of higher education, the president of any institution of higher education at which the victim is enrolled and the special police force established pursuant to section 10a–142, if any, at the institution of higher education at which the victim is enrolled.(b) A protective order issued under this section may include provisions necessary to protect the victim from threats, harassment, injury or intimidation by the defendant, including but not limited to, an order enjoining the defendant from (1) imposing any restraint upon the person or liberty of the victim, (2) threatening, harassing, assaulting, molesting or sexually assaulting the victim, or (3) entering the dwelling of the victim.   A protective order issued under this section may include provisions necessary to protect any animal owned or kept by the victim including, but not limited to, an order enjoining the defendant from injuring or threatening to injure such animal.   Such order shall be made a condition of the bail or release of the defendant and shall contain the following language:  “In accordance with section 53a–223 of the Connecticut general statutes, any violation of this order constitutes criminal violation of a protective order which is punishable by a term of imprisonment of not more than five years, a fine of not more than five thousand dollars, or both.   Additionally, in accordance with section 53a–107 of the Connecticut general statutes, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree which is punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars, or both.   Violation of this order also violates a condition of your bail or release and may result in raising the amount of bail or revoking release.”(c) The information contained in and concerning the issuance of any protective order issued under this section shall be entered in the registry of protective orders pursuant to section 51–5c..  FN1. General Statutes § 54–1k provides as follows:(a) Upon the arrest of a person for a violation of subdivision (1) or (2) of subsection (a) of section 53–21, section 53a–70, 53a–70a, 53a–70c, 53a–71, 53a–72a, 53a–72b or 53a–73a, or any attempt thereof, or section 53a–181c, 53a–181d or 53a–181e, the court may issue a protective order pursuant to this section.   Upon the arrest of a person for a violation of section 53a–182b or 53a–183, the court may issue a protective order pursuant to this section if it finds that such violation caused the victim to reasonably fear for his or her physical safety.   Such order shall be an order of the court, and the clerk of the court shall cause (1) a copy of such order or the information contained in such order to be sent to the victim, and (2) a copy of such order, or the information contained in such order, to be sent by facsimile or other means not later than forty-eight hours after its issuance to the law enforcement agency or agencies for the town in which the victim resides, the town in which the victim is employed and the town in which the defendant resides.   If the victim is enrolled in a public or private elementary or secondary school, including a technical high school, or an institution of higher education, as defined in section 10a–55, the clerk of the court shall, upon the request of the victim, send, by facsimile or other means, a copy of such order, or the information contained in such order, to such school or institution of higher education, the president of any institution of higher education at which the victim is enrolled and the special police force established pursuant to section 10a–142, if any, at the institution of higher education at which the victim is enrolled.(b) A protective order issued under this section may include provisions necessary to protect the victim from threats, harassment, injury or intimidation by the defendant, including but not limited to, an order enjoining the defendant from (1) imposing any restraint upon the person or liberty of the victim, (2) threatening, harassing, assaulting, molesting or sexually assaulting the victim, or (3) entering the dwelling of the victim.   A protective order issued under this section may include provisions necessary to protect any animal owned or kept by the victim including, but not limited to, an order enjoining the defendant from injuring or threatening to injure such animal.   Such order shall be made a condition of the bail or release of the defendant and shall contain the following language:  “In accordance with section 53a–223 of the Connecticut general statutes, any violation of this order constitutes criminal violation of a protective order which is punishable by a term of imprisonment of not more than five years, a fine of not more than five thousand dollars, or both.   Additionally, in accordance with section 53a–107 of the Connecticut general statutes, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree which is punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars, or both.   Violation of this order also violates a condition of your bail or release and may result in raising the amount of bail or revoking release.”(c) The information contained in and concerning the issuance of any protective order issued under this section shall be entered in the registry of protective orders pursuant to section 51–5c.

FN2. FST CV13–5013028–S, Baker v. Atria Management Co., LLC et al.;   FST CV12–5013822–S, Whitnum v. Robinson et al.;   FST CV12–6016334–S, Peoples United Bank v. Whitnum;  FST–FA12–4023288S, Baker v. Whitnum–Baker..  FN2. FST CV13–5013028–S, Baker v. Atria Management Co., LLC et al.;   FST CV12–5013822–S, Whitnum v. Robinson et al.;   FST CV12–6016334–S, Peoples United Bank v. Whitnum;  FST–FA12–4023288S, Baker v. Whitnum–Baker.

Arnold, Richard E., J.