Cofrancesco Recounts Fatal Collision

“Help me! Help me!” Patricia Cofrancesco was screaming.

A crowd formed around her. ​“Motherfucker, you killed her!” came one yell. Another: ​“Motherfucker, you’re going to get it now.”

At least that’s how Cofrancesco remembers the scene at the intersection of Olive and Greene Streets the morning of Oct. 30, 2014.

Cofrancesco, an attorney, was driving her blue Audi toward downtown that morning for a pretrial hearing in a lawsuit she filed against her former employer, the City of New Haven, on behalf of a client.

She struck and killed an 81-year-old pedestrian named Dolores Dogolo, a retired city government clerk. A hostile crowd formed, convinced she had recklessly killed the pedestrian, she said.

A police investigation eventually concluded otherwise. It found that Dogolo had crossed the street ​“diagonally and … not within the unmarked crosswalk at the moment of the collision.” It concluded that Cofrancesco was neither speeding nor distracted: She traveled at a ​“minimum” of 24.07 miles per hour in a 25-mile-per-hour zone. She had a cell phone (not hers) in a bag and turned off. Read the report here.

Neighbors and Dogolo’s daughters criticized the findings at a community meeting. The questioned, for instance, how one concludes Confrancescro wasn’t speeding based on a ​“minimum” speed just shy of the limit. (Police Sgt. Rose Dell, who oversaw the investigation, told the Independent that she used a standard measure called the Searle Throw Equation, which she said is ​“accurate within plus of minus 5 mph.”) But no criminal charges were ever brought. Cofrancesco made no public comments about her side of the story; she wrote in a February 2015 email to her attorney that a ​“wall of cars prevented me from seeing Mrs. Dogolo walk out in between the parked cars and directly into my lane of travel.”

People often hear from Confrancesco in public. She is a former New Haven city corporation counsel. As a private attorney, she until recently represented the fire union. She regularly sues the government on behalf of clients (including at least two pending suits against the police chief). She represented the town of East Haven against allegations of police brutality against Latino immigrants.

Cofrancesco did eventually tell her version of events from that fateful October morning — on Feb. 23, 2016, in the Church Street law offices of the firm Levy, Leff & DeFrank. Dogolo’s estate is suing her, charging that her ​“negligence and carelessness” caused Dolores Dogolo’s death.

In a deposition, Cofranesco described a horrific scene and insisted she had not erred in any way in striking and killing the pedestrian. The attorney questioning her, David A. Leff, pressed her both on her actions while driving, as well as her use or non-use of cellphones.

The lawsuit charged that Cofranesco was negligent because she allegedly drove too fast, was ​“inattentive,” ​“operated her car with defective or ineffective brakes” or failed to apply them in time, and/or failed to sound her horn.

In a response to the lawsuit, Cofrancesco’s attorney, Elycia D. Solimene, wrote that Cofrancesco ​“denies that Dolores Dogolo’s injuries and losses were as a result of actions of the defendant.” She argued instead that ​“Dolores Dogolo herself was negligent” because, among other possible reasons, she:

• ​“failed to keep and maintain a reasonable and proper lookout by failing to check for traffic before attempting to cross Olive Street.”

• ​“failed to make reasonable and proper use of her senses.”

• ​“failed to be watchful of her surroundings.”

• ​“suddenly left a sidewalk and walked or ran into the path of defendant’s vehicle which was so close to Dolores Dogolo as to constitute an immediate hazard to her.”

The case has not yet gone to trial. (Cofrancesco declined to comment for this article.) Meanwhile, the public can now for the first time hear Cofrancesco’s side of the story in her own words in the following excerpts from her deposition by attorney Leff, who posed the questions.

En Route To A ​“Fall-Down”

So you went over the Q Bridge and then got on 91 north. Hamilton Street exit would be the first exit you encountered once you were going onto 91 north, correct?

I believe so.

So you take the right on Hamilton, correct?

Yes.

Right on Chapel Street?

Right.

And then it’s a right onto Olive Street?

Correct.

And this is a route you had taken prior to October the 30th of 2014?

Yes.

So from the intersection of Olive and Chapel Street — is that where Comcast is?

Yes.

And you would have taken that — and that intersection is controlled by an overhead signal, right?

Yes.

Do you recall whether you were stopped for a red light when you came to that intersection?

I don’t recall.

Posted speed limit in that area is 25 miles an hour, correct?

I would assume so, but I don’t want to assume anything. So it being a city street, I would not dispute that.

You were corporation counsel at the City of New Haven for a time, correct?

Yes.

My guess is that you’re pretty familiar with the posted speed limits in the City of New Haven.

You would have to be more specific.

Most of the speed limits posted in New Haven are 25 miles an hour, right?

I would assume so, yes, but I don’t want to assume anything.

Now, where were you intending to park for your eleven o’clock pre-trial?

It was my intention to park in the Grove Street garage.

Okay. So the route you would taken would have been — you would have continued north on Olive Street to Grove Street?

Yes.

And then would have taken a left on Grove Street?

Yes.

And you would have crossed State Street, crossed Orange Street. … Do you remember what case you had a pretrial on?

Yes. It was Maye Mongillo v. City of New Haven.

What kind of case?

Fall-down case.

I’m going to assume you did not make that pretrial.

Correct.

All right. So let’s back it up. You are on Chapel Street, and then you take your right turn onto Olive Street?

Correct.

A Noise ​“Like A Gunshot”

Take me through what happened to the point where your car came in contact with the pedestrian.

I turned the corner in front of Yale Surgical. It’s a very tight corner there, extremely tight. I have a clear recollection of trying to avoid that corner. The car’s very low, low profile tires, didn’t want to hit the curb, so I have a clear recollection of turning there.

Driving down Olive Street, there was a wall of cars on the left, and the wall of cars began around the intersection of Olive and Court but on the left side of the street.

So I was driving straight ahead and I was looking straight ahead, and all of a sudden the windshield went dark, and I heard a noise that sounded like a gunshot. And I was behind — obviously I was behind the wheel. Car’s very low, seat’s very low. Steering wheel’s here, in front of me.

Look up. Trying to figure out what happened. And there was a body that was in the windshield, and I could see a face. And I could see what was registering on the face. And I couldn’t make out — I couldn’t make out what had happened. I couldn’t make out if it was a man or a woman.

I immediately turned the car off and got out of the car and looked around, and I saw that there was a body that was to the left of my car, but it was— it was to the left of my car. And it was — it was — obviously it was the person that had — that was in my windshield.

You said you saw what registered on the person’s face?

Initially it looked like shock. Surprise, shock. And then it looked like — shock. Shock.

You refer to the left side of your car. Depending on which way you look at your car, that could be either side. So would the left side — you said left side. Would that be the driver’s side of your car?

Correct.

I want to make sure I’m understanding what happened. So at any point in time prior to the collision, did you see the person that your vehicle struck?

No.

So the first time you saw the person was when they were on your windshield?

Yes.

After the impact, how far did your vehicle go before you brought it to a stop?

I immediately brought it to a stop. When I — when the face was in the windshield, I immediately brought it to a stop.

And presumably you brought it to a stop by stepping on your brake.

It’s a standard car, so I put it in neutral, put the emergency brake on, and then turned it off.

I drive a standard as well. Let me try to understand what you’re trying to tell me. You popped the vehicle out of gear?

You have to turn it off.

Did you depress the clutch?

You have to to take it out of gear.

Did you also simultaneously depress the brake, to bring it to as quick and controlled stop as you could?

Yes. Yes.

That’s — when you say you turned it off, there’s a bunch of steps you have to go through to do that, all of them quickly?

Yeah, it was immediate.

But the steps would be both feet jamming down, one on the clutch, one on the brake, and getting it out of gear?

No.

No?

One foot. On a standard, you drive with one foot, not two.

Okay. … Did your vehicle skid?

No.

How fast were you going at the time of the collision?

I don’t recall.

Do you know where the pedestrian came from?

I learned where the pedestrian came from. At the time, I didn’t know where she came from.

From who did you learn where the pedestrian came from?

Police.

What did they tell you?

That she came from the left side of the street and she crossed in between the parked cars, this bank of cars, and she crossed in front of my vehicle. …

“Help Me, Help Me”

After the collision occurred and you stopped your vehicle and you got out, did you speak to anyone?

I was screaming.

What were you screaming?

I was screaming — I was screaming. I was out on the street by myself and I was screaming, ​“Help me,” ​“Help me,” ​“Somebody help me,” ​“Help me.” And nobody was coming out of their house to help me.

After I screamed about at least a half a dozen times, there was a heavyset black woman in a silver Volvo, whose car was the last car over by the firehouse, and she walked — I saw her walk straight and she was getting in her car and she looked up and I screamed to her, ​“Can you help me?”

And she— she looked over and she held up her cell phone like this and she said, ​“I’m calling for help now.”

And shortly after that, the fire department came. And shortly after that, when the fire department came, some of the residents from that complex started coming out of their apartment.

And shortly after that, the police arrived. And the police had to take me away to a position of safety, because the people in that complex were — it was like it was going — there was going to be a riot there.

So if — if anyone allegedly saw it, nobody came. Nobody came out of their apartment, nobody came out of their house, nobody came to help me, because I was on the street by myself until the fire department came.

What did the fire department do?

They came with a — I believe they came with an engine that had the capacity to render medical assistance. And they — they took Mrs. Dogolo away for medical attention.

Other than the African-American woman you described, did you speak or communicate to anybody else?

By the time the fire department had taken Mrs. Dogolo away, the police had then arrived, and the police said that beyond securing the area, there was nothing they could do until their supervisor got there.

So what they did do was they put up the tape and then they started banging on doors to get people to move their cars …

… [T]he first person to show up was a fireman named Robert Balkun. Do you know Robert Balkun?

No.

… Mr. Balkun states that the patient was struck by a vehicle traveling approximately 30 to 40 miles per hour. Did you tell Mr. Balkun that?

Absolutely not.

Mr. Balkun indicates that the patient went up onto the hood and into the windshield. Did you tell Mr. Balkun that?

No.

Mr. Balkun indicates that the patient had significant blood coming from [the] right ear and back of head. You didn’t tell him that?

No.

“Motherfucker, You Killed Her”

… So after the police came — and you said that there was almost a riot there.

Yes.

Tell me about that. How many people were out on the street?

They were coming from the apartment complex after the police had banged on doors and roused them and told them that they need to move their vehicles. So they came out and they were yelling, screaming, giving me the finger, giving me the first, ​“Motherfucker, you,” ​“Motherfucker, you were talking on your cell phone,” ​“Motherfucker you killed her,” ​“Motherfucker, you’re going to get it now.” So I was moved from that corner to the parking lot behind the wall, where I could speak to the police.

The parking lot behind what wall?

There is a parking lot at the corner of Greene and Olive. It’s for neighbors to park. And they put me in that area so that I could talk to them without any interference … I was told to stay there until Rose Dell had arrived and they could start their investigation. …

And she arrived, I’d say, a couple of hours later. She arrived about two o’clock. Because there had been — I am told that there was another hit-and-run in New Haven that day, that that had tied her up. …

You were just standing outside?

I was sitting on the wall. I felt sick, I felt nauseous. I felt horrible.

Do you remember your conversation with Officer Dell?

I remember both times her asking me, you know, ​“What happened?” And I told her what happened, as I told you what happened.

And I remember that she had asked me if I saw where she came from. And at first I thought she came from my right.

First, I didn’t know where she came from. And then I’m sitting there on that wall for a couple of hours and I’m trying to figure it out. And I“m thinking she had to come from my right. But I’m not sure. And that’s what I told Rose Dell the second time that I spoke with her. …

Cell Phones

You indicated that people were yelling at you about cell phones.

Right.
Were you on your cell phone at the time the collision occurred?

I don’t own a cell phone.

Have you ever owned a cell phone?

I think I owned one very briefly, probably around ten years ago.

And did you need to — it’s unusual somebody doesn’t own a cell phone. Is there a reason why?

I’m a solo, and it’s hugely intense to be hugely attentive to clients when you are in the office. So if I’m not in the office, if I’m in the car, if I’m in court, if I am any place else, I want that — I don’t want to be found. I want that to be down time. And that’s why I don’t own a cell phone.

Okay. But you had one, you said, approximately ten years ago?

Right.

And so what was it about — sort of the inverse of what you just said. But —

I never used it. It was a waste of money. And I gave it up. …

Did the police, when they searched your vehicle, find a cell phone in the vehicle?

They did. It was my sister’s cell phone.*

Was that cell phone a Samsung mobile phone?

I believe so.

And the provider was Verizon?

I believe so.

What is your sister’s name?

Mary Cofrancesco.

And do you know what the number is on that cell phone?

No. I hope it’s the same number as now, 314‑5884.

So 203—

314‑5884.

Why was your sister’s Samsung cell phone in your vehicle?

Because I had a pretrial scheduled for that morning. I was hopeful that the City was going to make an offer on the file and I wanted to — the client was not going to be there. So I wanted to have the opportunity, the ability, to reach out to Maye Mongillo, run the offer by her, see if it was acceptable. So I had borrowed her cell phone for use at the pretrial.

Does your sister work with you?

No. She is a schoolteacher.

How far in advance of this pretrial had you borrowed her phone from her?

Probably that morning.

Prior to October the 30th of 2014 had you had occasion to borrow your sister’s cell phone?

From time to time, I might have borrowed it for that purpose, if I had pretrials.

Where was the cell phone located in your vehicle?

The cell phone was in its case, the case was in the briefcase, and the briefcase was in the back seat.

According to the police report, it indicates a cell phone was in an eyeglass case, which was inside a satchel.

Yeah, that was my briefcase.

Okay. But the cell phone was in an eyeglass case?

Right.

Okay.

That’s the case.

That’s the case that she normally keeps it in?

Yeah. Right. …

Who pays for that cell phone that was in your car?

My sister.

And it’s in her name?

Yes.

Now, how long did you live at 506 Townsend Avenue?

At least — let’s see. 22 years maybe.

While you lived at 506 Townsend Avenue, did you have — you had a cell phone at some point in time while you lived there?

I think so.

Do you remember who your provider was?

No.

Do you recall what your cell phone number was?

No.

Mr. Files

Do you know a man named Jonathan Files?

No.

He lives at 106 Olive Street. He claims to be a witness to the collision. That’s the only person I know of the police identified as an eyewitness.

Uh-huh.

You never met Mr. Files?

No.

Never had any interaction with him professionally or personally?

No.

Mr. Files claims that he rushed out of the house to see if the pedestrian was all right and that he called 911 for assistance. So it’s your testimony that did not occur?

No one came out. If he had, believe me, I would have asked him for help.

And I think he indicated that the African-American woman was behind you.

No. She was over by the fire department.

* The Independent dialed the phone number, and Confrancesco’s sister indeed answered and confirmed the phone belongs to her.