Case 3:01-cv-01684-WWE Document 69 Filed 09/20/2004 Page 1 of 5
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
DANIEL LONG, ET AL. : NO. 3:01CV01684 (WWE)
ROBERT DUDLEY, JR., ET AL. : SEPTEMBER 20, 2004
TO POSTPONE START OF TRIAL
(BUT NOT JURY SELECTION)
The undersigned counsel of record for the defendants respectfully moves
to postpone the start of the retrial of the claim of Daniel Long against Robert
Dudley in the above-captioned matter, and the scheduled settlement conference.
The Court may also wish to postpone the jury selection, but I am available
for Jury Selection September 27, 2004.
I have been advised the Court wishes to conduct Jury Selection and retrial
in the above-captioned matter September 27, 2004 through September 30, 2004.
There are three reasons for the postponement we seek.
Reasons for the requested relief.
1. Pending motion. Based on a recent ruling in the U. S. Court of
Appeals for the Second Circuit, I am today filing a motion for the Court to
reconsider our prior motion for a new trial of the claim of Yvette Lay against co-
defendant Sharon Bergel. Ms. Bergel is available for trial on short notice.
The Court will recall that there was a verdict against Ms. Bergel. We
ORAL ARGUMENT IS REQUESTED
TESTIMONY IS NOT REQUIRED
Case 3:01-cv-01684-WWE Document 69 Filed 09/20/2004 Page 2 of 5
moved for a new trial, which was denied by this Court. We appealed, but after
discussion with Staff Counsel at the Court of Appeals we withdrew the appeal
without prejudice until there is a final verdict on all the claims in this case.
The Second Circuit has recently ruled in a manner that we believe
effectively upholds the reasons we offered for that new trial.
If we are correct about the importance of that recent Second Circuit
ruling, it would be a waste of judicial resources to wait until we appeal from the
verdict against Ms. Bergel and this Court’s denial of a new trial and end up trying
the case a third time (the first combined trial, a retrial of the claim against Officer
Dudley, and then a retrial of the claim against Ms. Bergel).
2. Conflicting trial. I begin trial today, September 20, 2004, for about a
week, before the Hon. Peter C. Dorsey. The jury has already been selected.
3. Four temporary unavailability of witnesses and counsel.
Robert Mastropetre. The key witness for defendant Dudley was the
other officer accused by Mr. Long but found not liable by the jury at the first trial,
Robert Mastropetre. He was right next to Officer Dudley at the time of the
Officer Mastropetre advises me that he has recently been assigned to the
Federal Bureau of Investigation/State Task Force and is to undergo, together
with other new assignees to that Task Force, a special F.B.I. training session
September 27 through October 2, 2004.
Detective Reachel Incognilios. If the Court grants my request to retry the
Case 3:01-cv-01684-WWE Document 69 Filed 09/20/2004 Page 3 of 5
claim of Ms. Lay against Sharon Bergel, Reachel Incognilios will be a key eye witness.
Detective Incognilios was also a defendant accused of misconduct by Ms. Lay, but the
jury found in favor of Detective Incognilios.
Detective Incognilios will be out of State September 26 through October 2,
2004 on a vacation for which she has already purchased travel and accommodations.
Defendant Dudley. If the Court reschedules the start of trial we also ask that
the Court take into consideration that Sgt. Dudley has a previously scheduled hearing
in a family matter October 12, 2004. Sgt. Dudley must meet with his attorney at least
the day before, October 11, 2004, to prepare.
NOTE: Officer Dudley also has a child-care obligation that varies from month to
month depending on his wife’s work schedule, which varies from month to month, and
so I might also have to ask that on certain days we start a little later in the morning.
But this is still a short trial.
David Brown, a supervisor for AMR Ambulance Service, was also a key
witness who helped subdue Mr. Long and then helped treat him in the ambulance.
Mr. Brown recently began new employment and advises me he must be in Boston
October 4 through 9, 2004 for a special training session.
Undersigned defense counsel. If the Court reschedules the start of trial we
also ask that the Court take into consideration that the undersigned defense counsel
(A) will be in a previously scheduled State trial beginning with jury selection Friday,
October 8, 2004 and continuing into the next week, (B) will be out-of-State at a
Case 3:01-cv-01684-WWE Document 69 Filed 09/20/2004 Page 4 of 5
previously scheduled family event Friday, October 16 through Monday, October 19,
Conclusion as to scheduling.
For the foregoing reasons,
(A) if the Court decides to conduct Jury Selection September 27, 2004, I am
(B) if the Court postpones the currently anticipated start of trial I and my
witnesses can be available from October 20 through 30, 2004.
(C) The undersigned’s next currently scheduled court obligation is November
9, 2004, for Jury Selection (and perhaps start of trial) before the Hon. Robert C.
Martin S. Echter
Deputy Corporation Counsel
165 Church Street, 4th Floor
New Haven, CT 06510
Phone: (203) 946-7964
Fax: (203) 946-7942
Fed. Bar No. ct07596
Certificate of Service
I, Martin S. Echter, hereby certify that I have served the foregoing by
causing a copy to be mailed, FAXED and MAILED, POSTAGE PREPAID, to The
Law Offices of Williams & Pattis, 51 Elm Street, New Haven, CT 06510, this
day of September 2004.
Martin S. Echter
Case 3:01-cv-01684-WWE Document 69 Filed 09/20/2004 Page 5 of 5