New Haven Independent

That’s the story that unfolded in Connecticut Superior Court on Elm Street at a sentencing before Judge Richard Damiani.

“Even a dummy wouldn’t write a check to a prostitute,” chided Damiani (pictured) before sending Payne to jail for four years.

As Damiani spoke, laughter erupted in the back of the courtroom. Marshals quickly tried to regain silence.

Payne’s alleged run-in with the prostitute took place during a period of freedom as he awaited a prison sentence on separate charges. The itinerant criminal pleaded guilty in April to two charges of violating probation and violating a protective order. He was released from custody for a few months of freedom before going to prison.

The grace period was granted with a caveat: If he committed any new crimes in between his plea and when he turned himself in, Payne would face a maximum sentence of seven years. Payne used that free period to seek treatment for a brain tumor.

His freedom ended on Aug. 4, when he was arrested on charges that he paid a prostitute with a fraudulent check.

Payne, who’s 5 foot 7, showed up in court last week wearing a white t-shirt, handcuffs, and blue jeans.

He sought to defend his innocence in the face of six new charges: Patronizing a prostitute, conspiracy to commit third-degree larceny, two counts of forgery in the third degree, and two counts of conspiracy to commit forgery.

Two Costly Checks

The charges stemmed from an investigation in early June, when police were called to the Bank of Southern Connecticut to investigate a check fraud. Here’s what happened, according to his arrest warrant affidavit:

A woman tried to cash two counterfeit checks. Subsequently, all banks were issued a fraud alert. When police finished their investigation at the bank, they entered a copy of the check and DVD footage of the woman cashing the check.

Police were then able to locate the woman and interview her. She told police she received the two checks from man named A.P. His first name was Arnold.

She said she met him at the Tee Cafe in Fair Haven.

Arnold asked her if she would have sex with him in exchange for two checks. She agreed.

They went back to her place where the final exchange took place. Arnold told her not to cash the checks until June 9. She had to wait for his lawyer to verify the checks, Arnold said.

The women cashed the first check at the Bank of Southern Connecticut. When she went to cash the second one, the teller said it was a fraudulent. Both checks were marked with the name of a Moss and Cirillo, a law firm. The woman said she was not in anyway associated with the firm and she saw Arnold sign the two checks.

She identified Arnold Payne as “Arnold” from a photo board police showed her.

The police also interviewed Frank Cirillo, one of the partners at the law firm. He explained that he had not seen Arnold Payne in eight months. Payne had been a client of his. Payne was not authorized to issue checks on the firm’s behalf, Cirillo told police.

After interviewing Cirillo, police obtained a search warrant and arrested Payne.

Prison Time Doubles

When Damiani questioned Payne about the allegations in court last Thursday, Payne denied them. He said he did not know the prostitute nor would he have used one. He has children. He called himself a “family man.”

Payne claimed he did not know who forged the two checks.

“I didn’t pay a prostitute,” he insisted.

Damiani told Payne the name of a woman who tried to cash the forged checks. (The Independent is withholding her name to protect her privacy.) Damiani asked if Payne knows her.

Payne said he does not.

Before Payne entered a plea, Damiani asked, “Is there anything else?”

Damiani shuffled through Payne’s file. He looked back at Payne.

“Even I know about the Tee Cafe,” said the judge.

Alluding to Payne’s lengthy criminal history, Damiani said, “You have been in court more than I have.”

Smirks were once again exchanged in the back of the courtroom.

When Payne was finally asked how he would plead, there was a moment of silence. Payne shifted his weight from one leg to the other.

Payne’s attorney, Gerald Harmon, broke the silence. Payne will plead guilty under the Alford doctrine, he told Damiani. That means Payne has not agreed to the events as the state alleged but concedes he faces enough evidence to be convicted.

Damiani sentenced Payne to four years in prison related to his eight guilty pleas.

The checks proved costly, Harmon said: Because of the run-in with the prostitute, Payne’s prison sentence doubled from two to four years.