Judge Sends Maio To Trial

by Leonard J. Honeyman | May 26, 2009 12:49 PM | | Comments (15)

maio26.JPGA veteran New Haven cop’s bid to avoid an arrest record was OK with nearly everyone involved — including prosecutors and the two women he was accused of groping in a bar. It wasn’t OK, however, with the one person who counted: the judge.

Superior Court Judge Richard Damiani Tuesday denied Anthony Maio’s request for accelerated rehabilitation (AR), telling him “if the allegations are not true, you should have a trial” and refute the charges. He set a trial date for July 20.

He left the door open for the AR plea, saying he would reconsider it if “on July 20, you are no longer a police officer.” Maio has been a cop for 13 years.

In a stern ruling from the bench in Connecticut Superior Court on Church Street, Damiani told the slim, balding policeman that he would have granted AR for him if he had resigned from being a policeman.

The deal would have expunged any mention of the incident from Maio’s record if he kept his nose clean for two years.

Maio was arrested last year after two women accused him of groping them in a bathroom at Bar, a Crown Street club, on April 19, 2008. Maio was working there extra-duty as a security officer.

Is Groping “Serious”

DSCN3316.JPGDamiani (pictured later Tuesday morning across the street at the Elm Street courthouse) refuted the assertion of Maio’s lawyer, Tim Pothin, that the charges against his client are “not of a serious nature,” because they are misdemeanors, not felonies. (Maio, center, and Pothin are pictured leaving court Tuesday with Maio’s wife, who declined to give her name.)

“If they [the charges] are true, they are of a serious nature,” and the cop should defend himself in court against them, the judge said.

“If you are found not guilty, congratulations,” he told the defendant.

Maio faces two counts of fourth-degree sexual assault and one of sexual contact without consent. He has been on paid administrative leave since his arrest last June.

Maio, his wife, father, and a half-dozen supporters who accompanied them to court had no comment after the ruling. There was no sound from the gallery. The supporters looked shocked as they left the sixth-floor courtroom on Church Street.

Maio showed no emotion as the judge denied his bid to keep his record clean . He and his lawyer conferred for a few minutes outside the courtroom as angry-looking supporters waited.

The supporters and the pair of detectives who testified for Maio had no comment, even refusing to spell their names.

Neither did Stephen J. Fitzgerald, who is representing Maio in a civil case filed by his two alleged victims. They’re trying to get Maio fired as a cop.

The two women who accused Maio of groping them were not in court Tuesday.

Gene Calistro Jr., the senior state’s attorney who is prosecuting the case, told the court that the women would not object to the AR, even if it means the court would allow Maio to stay a cop. He said their interest in the case now involves trying to get Maio fired through city and state labor agencies.

Calistro refused further comment on the case. He had said in court that the state “takes a neutral position” as to whether the AR is granted.

Pothin said after the ruling that he is now preparing for the July 20 trial date. He refused to comment further.

In court Tuesday morning, he presented two detectives as character witnesses. Maio also addressed the court.

Detective Paul Bicki, a 21-year NHPD veteran, told the judge he has known Maio for his entire career . Maio has “highest moral character that anyone could expect from a police officer,” Bicki said.

Pothin told the judge that Maio and his wife, who was in the courtroom, “have been punished. Their lives have changed.”

Although the judge told him he didn’t have to speak, Maio said he appreciated “the support of my family. They kept me healthy and positive,” he said.

After “countless hours of contemplation” about whether to accept AR, he told the judge, “I state to you with all certainty that I will not be before you again.”

It didn’t help.







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Comments

Posted by: good job Judge | May 26, 2009 1:34 PM

I applaud the Judge. It appears like he gave this matter a great deal of thought. He is correct on all counts. A/R should only be granted if the office retires. He has already had one year of pay on "administrative leave". If he's innocent, he should go to trial and prove it. Great job by the very honorable judge.

Posted by: kamb | May 26, 2009 6:08 PM

I dont get it? If the girls are okay with him getting AR, why would the judge not grant it if the victims are okay with it?

He only gets AR if he quits his job? If he goes to court a jury can decide whatever they want. They could make a wrong decision (if that was the case) and find him guilty. Then he loses his job, possibly freedom by being thrown in jail, and loses his reputation. Maybe he doesnt want to take that gamble.

Any insite to this. Do judges usually deny AR when the victims are okay with it?

Posted by: Matt | May 26, 2009 8:29 PM

I am disgusted that people write things like he should have to quit his job and lose everything. This man served the city of New Haven for 13 years and was an outstanding officer, What ever happened to the belief that you are innocent until proven guilty? You're telling me that you would be fine letting 12 complete strangers decide your fate, even after all the thousands of cases later proven that, "oops" we made a mistake and he/she was innocent. Yeah OJ Simpson was innocent.................. If all parties agreed to this why should 12 strangers be let to decide his fate? I am sure this was one of the toughest decisions officer Maio had to make. I applaud him and his family for the strength they have shown. Officer Maio is one of the most admirable people I have had the honor to cross paths with..

Posted by: Erin | May 26, 2009 8:47 PM

Kamb: do you really think the victims are "okay with it"? Honeyman chose poorly in his opening words, and shame on him. But if you've ever met anyone who has been a victim of assult, you would understand. These women were GROPED by an officer of the law in a position of authority. Can you imagine how scary it is to confront that man in public court? Victims often try to drop charges against their abusers because they're afraid. These women were VIOLATED and have chosen the justice they deem most appropriate: removal of Maio as a police officer through city and state labor agencies. This man should never be in a position of power over others, ever again. It is NEVER okay to sexually touch someone without consent, and that's a message that needs to be communicated loud and clear, including to the Detective Bicki who testified that Maio has the "highest moral character" we can expect from an officer. I shudder to think that GROPING is acceptable moral character... if that is true we need to reevaluate our expectations and retrain our entire police force.

Posted by: waste of taxpayers time and money | May 26, 2009 9:10 PM

I think this is a terrible decision by the judge and an abuse of his powers. "Innocent until proven Guilty". The judge's comments makes me think he has the mindset that he is" guilty until proven innocent".

If the prosecutors and the victims are ok with the outcome why isn't the judge?

Why spend taxpayers dollars and time if both parties don't want to go to trial? It's as if taxpayers dollars mean nothing.

It doesn't sound like the girls or the officer want to go to trial in this case and I don't blame either. What if the officer calls the judge's bluff and goes to trial and makes the girls testify which it doesn't sound like they will(they may drop their case) and then their is no settlement, either way the girls may suffer from this decision.

This is why the court system is bogged down. Here we have 2 parties willing to agree to a settlement and then a judge steps in and wants to make them go to trial.

AR should not be based on the officer's job.
Let the city dictate who can and can't be a cop. This is another example of the court abusing its power.

Posted by: no change | May 26, 2009 11:20 PM

Good for you Judge Damiani, for your stand. Here's a Public Servent who is paid well to protect the citizens and visitor of the city.What a piece of work. He most likely will apply for a disability pension before the 20th.
How many more of the men in blue are breaking the laws in these night clubs at night while on extra duty.

Posted by: Blarney | May 27, 2009 8:47 AM

If you know anything about Damiani you know he is a bully. No, he doesn't care if there is agreement between the prosecution and the defense. There are many people well aware of his ego issues.

Posted by: Matt | May 27, 2009 4:15 PM

Okay let me ask a question to all of you whom are lambasting Officer Maio. What ever happened to Innocent until proven Guilty? Why are you so quick to say he is guilty and the girls were just two innocent victims? It says these girls were in their 20's were they in the bar legally? How do we know they didn't trap him into this situation? Look at the Duke Lacrosse incident how the media really destroyed how many young men's lives and the women who did that to them were the victims!!!!!!. Again all I ask is why you all need to pass judgment on this man in the media and potentially ruin a good man. I personally am disgusted with the media in America. If it comes back to were officer Maio was the victim, will you all apologize to officer Maio or just put a little blip in the last page? I agree there are a lot of disgusting people out there but there are a lot of wrongfully accused out there too. Don't be too quick to pass judgment.

Posted by: S | May 27, 2009 5:23 PM

The media in country in dead. It seems like it nothing more that tabloid. Were they embelish non points because it makes for a better story. Why don't they dig a little deeper into this story and do some investigative journalism. That would actually be something worth reading. Oh wait then people may actually find out the truth. I'll hold my breath!

Posted by: True Story | May 27, 2009 10:17 PM

Matt- Do you know the real Mayo- many in Dwight know him well.

Mayo is known for the beatdown- that he and his partner put on Bryant B Love Williams.

Mayo beat Williams so bad that his family could not even id him.

Mayo charged Williams with striking a officer - and Williams was given 15 years by former city lawyer Lubbie Harper. Can somebody say conflict?

At the time Mayo told the court that Williams should get the max.

The court granted Mayo's wish and Williams is still in prison today. Williams has done ten years because of Mayo and his lies.

Many of the kids in the hood wear Free Bryant B LOVE T SHIRTS IN HIS HONOR.

The Williams family told everybody and anybody that would listen to watch out for this guy (Mayo).


He should take the deal and get off the street- but before he does he should write Bryant Williams a letter to say he is sorry.

Posted by: greg | May 28, 2009 8:59 AM

Officer Maio, by applying for A/R, tells us that somethjing happened that evening that is not in line with his oath of office. He is a public servent, paid to PROTECT THE COMMUNITY, which may include twenty-something females who drank too much that night, not that any of these bloggers ever did that in their youth. This is the worst of the police, and does not represent the best of the police who take their jobs seriously. ... Ask yourself if your daughter was in this position, would you blame the Judge for being a bully? He has been in trouble before, get rid of him now, before he kills an innocent victim, and claims" i was afraid for my life" the dirty cop mantra! The Judge is correct this time, and he is protecting the integrity of the majority, not all, of NHPD. ... As a taxpayer, i do not want to support their behaviors, and some of these phony cops should get jail time for abusing their oath, like Maio and the phony racists in EH,as well as the outright criminals in Madison.

Posted by: KFanti2 | May 28, 2009 11:23 AM

People need to wake up and stop permitting police officers to be above the laws they are supposed to enforcing. I think criminals with badges (that's what I call dirty officers) know they can get away with crimes because some people will protect them no matter what they do (even murder). This has been going on for so long. We've heard about corrupt police for generations. Nothing really changes (especially if their victims are minorities). They make the good officers look bad. I think most police officers are good, law abiding people and we need them. They should be affronted by any coworker's misbehavior.

Posted by: citizen | May 28, 2009 12:12 PM

All well another Cop in trouble and he should leave the PD these girls said what they said and I was not there so I can not comment but if this true he needs to leave and call it a day.

Posted by: bfair [TypeKey Profile Page] | May 29, 2009 2:02 PM

What is this rhetoric about "Innocent until proven guilty"? Meaningless words for most people of color and poor folks. Accepting a deal because of the fear of 12 strangers deciding your fate? Happens every day. Over 90% of defendants facing charges in New Haven courtrooms plead guilty out of fear of the strangers who will decide their fate. Judges and prosecutors abusing their power? Nah, since when? In the past year my faith has been restored relative to what goes around comes around (eventually). Feeling uncomfortable standing on the other side of the fence?

Posted by: notimon | May 30, 2009 6:51 PM

powerful but true barbara, its tough being on the other side of that fence. Only GOD know what a person does that nobody sees. You reap what you sow, and you cant stop the harvest from coming so watch what seeds you plant because someday that will be your harvest.

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