Branford P.D.
Walking slowly and with a cane, Thomas C. Malinka entered the sixth-floor courtroom of Superior Court Judge Patrick J. Clifford yesterday morning and listened intently as the judge explained how his murder case will unfold.
This was Malinka’s second New Haven Superior Court appearance before Judge Clifford since his arrest in June for the murder of John Deveau, his Branford landlord. Malinka and Deveau lived side by side, one at 33C Crouch Rd., the other at 33D Crouch Rd. They were also friends, according to police. Then in late May 2013, after filing a theft report with police against Malinka, Deveau went missing.
The body of Deveau, who was 62 when he disappeared, has never been found. But after a painstaking police investigation in which credit cards belonging to Deveau were found in the suspect’s car and the DNA of the victim was found on the suspect’s garden hose, Branford police filed murder charges against Malinka, who is 44. Click here to read the story of Malinka’s June 10 arrest.
Malinka has not entered a plea yet in the case.
Discovery & Probable Cause
In court yesterday Judge Clifford told Malinka that “the discovery” in the case, meaning all the evidence the police collected as part of the arrest process, had been turned over to his attorney, Assistant Public Defender Tejas Bhatt.
“There is a lot of material for the defense and the defendant to go through,” Judge Clifford explained to Malinka, who stood next to Bhatt. He wore an orange jump suit; his legs were in chains and his hands were cuffed. He has a long grey beard and a short pony tail and he looks much older than in the above photograph.
Malinka nodded every so often but did not speak.
Next Judge Clifford told Malinka that he is entitled to a probable cause hearing, a hearing that must be conducted under state law within 60 days of the filing of the criminal complaint unless it is waived.
Under state law, a probable cause hearing is required for those defendants charged with crimes punishable by death or life imprisonment. Connecticut no longer has the death penalty. The hearing determines that there is probable cause “to believe that the offense charged has been committed and that the accused person has committed it.” The statute goes on to say that “the accused may knowingly and voluntarily waive a preliminary hearing to determine probable cause.” Malinka is charged with murder, a Class A felony.
The judge noted that even though he was setting Sept.r 9 as the next court date — three months after his arrest — this did not mean Malinka was waiving his right to a probable cause hearing.
“It can be extended,” the judge noted of the hearing date. It often is if the defendant actually decides he wants a probable cause hearing. Often defendants and their attorneys decide to waive the hearing.
Malinka’s court appearance took less than five minutes.
A Painstaking Police Inquiry
Malinka was arrested on the murder charge while he was serving time in prison for another set of convictions. At his first court appearance earlier this month, he asked Judge Clifford to lower his bail from $1.1 million to $900,000 so that he would qualify to use the prison library. The judge agreed and lowered the bail for this case only.
State police have said that they presume Deveau is dead. From the time he disappeared to Malinka’s arrest a year later, Branford detectives along with state police investigators and forensic experts gathered DNA evidence they say connects Malinka to the crime. The state’s attorney has worked closely on this case and approved a lengthy arrest warrant in the case.
The arrest warrant details the connection between the two neighbors, including Deveau’s report to Branford police that his ATM account had been looted of about $30,000. He also told police he suspected Malinka was the thief. He disappeared soon after.
During the murder investigation, police turned up an ATM card and Kohl’s credit card in Deveau’s name hidden in a bag inside the engine compartment of Malinka’s car. Branford detectives also found that Malinka had Deveau’s credit card and had used it at various places, including a Branford gas station. Malinka told police he used the ATM and credit cards but maintained he did so with Deveau’s permission.
All this and more is part of the discovery the judge discussed in court yesterday, discovery the prosecution is required to turn over to the defense so that the defense may evaluate the evidence the state has brought against the defendant.
###
