Jury Acquits Ex-Top Cop Of Felony Charges

Thomas Breen photos

Defense attorney Silverstein with client Rahgue Tennant after the verdict.

Jurors Marcia Dixon and Kim Amatruda: "Not enough" evidence to convict on all counts.

A jury acquitted ex-New Haven Police Lt. Rahgue Tennant of two felony charges — and convicted him of one misdemeanor — after finding that his week-long domestic violence trial hinged too much on he said, she said” testimony.

A six-juror panel delivered that verdict Monday at 12:30 p.m.

As announced by the foreperson in a fifth-floor courtroom at 235 Church St., the jury unanimously found Tennant not guilty of second-degree assault and not guilty of risk of injury to a child. 

They unanimously found him guilty of second-degree breach of peace, the least serious charge among the three prosecuted by the state. That conviction carries a sentence of up to six months in prison.

The jury foreperson also told the court that the jury did not reach a unanimous decision on a so-called lesser included” charge of third-degree assault.

Because of the jury’s lack of a unanimous decision on that count, state Superior Court Judge Jon Alander declared a mistrial on the third-degree assault charge only, and then set Tennant’s sentencing for the second-degree breach of peace conviction to take place at a court hearing on Aug. 15.

Coming down a week to the day after the start of evidence presentation in the trial, the jury’s decision marked a legal victory for Tennant, a 48-year-old retired former top cop who was arrested in 2018 for allegedly assaulting his wife, holding his family hostage, and threatening to shoot up his East Shore home.

It also vindicated his decision to reject a state plea deal that would have kept him out of prison but ended his career in law enforcement, and instead to go to trial and risk up to a decade-plus behind bars if found guilty on all counts.

His ex-wife, meanwhile — who testified at length during the trial about the pattern of alleged physical and emotional abuse she suffered at the hands of her then-husband – remains in the witness protection program, where she and their three children have been for the nearly four years since her ex-husband’s arrest.

Defense co-counsel (and married couple) Jamie Alosi and Rick Silverstein celebrate Tennant's acquittal of the two felony charges filed against him.

The jury was very courageous,” defense attorney Rick Silverstein declared on the sidewalk outside of the Church Street state courthouse after the verdict came down. 

Standing alongside Tennant, retired former New Haven police Officer Jillian Knox, Silverstein’s co-counsel (and wife) Jamie Alosi, and a relative of Tennant, Silverstein added, We knew that we were at a disadvantage because of my client’s profession, and because the allegations were so disturbing. We want to thank the jury.” 

Tennant declined to comment for this story, saying that Silverstein’s comment was sufficient.

The state courthouse at 235 Church St.

Four of the jurors declined to comment for this story as they exited the state courthouse into Monday’s midday humidity.

Two jurors did stick around to answer this reporter’s questions about their deliberations in this case.

What swayed the jurors to find Tennant not guilty of the two most serious charges brought by the state? 

Not enough” evidence, Marcia Dixon said as fellow juror Kim Amatruda nodded in agreement.

What did they think of Tennant’s ex-wife’s testimony during the trial, in which she detailed three alleged instances of Tennant choking and punching her in the run-up to the alleged assault that ultimately led to his arrest?

It did not persuade us,” Amatruda said

Dixon said that the case ultimately came down to a he said, she said” affair, in which Tennant’s ex-wife accused her then-husband of a range of abuse, and then Tennant responded — during his time at the witness stand — by portraying himself as the victim of his then-wife’s temper, aggression, and jealousy. 

There were no witnesses” to the alleged assault that led to Tennant’s arrest, Amatruda said.

In his closing argument, Silverstein had characterized the prosecution’s argument as a one-witness case.”

Juror Dismissed For Vacation; Alternate Called In To Finish Deliberations

Judge Alander.

Monday morning’s jury deliberations lasted roughly two hours. They included an alternate who had to be called in to replace a juror who participated in deliberations last Friday — but then had to leave the state on Saturday for a planned family vacation to Hilton Head, S.C.

The judge dismissed that juror, called in the alternate, and ordered the slightly reconstituted six-juror panel to begin deliberations from scratch on Monday.

As of this moment, you are a new jury,” he said. You must restart” your deliberations from scratch, and not be prejudiced by anything the the bulk of the jury panel discussed or may have decided during its deliberations Friday afternoon. 

I’ve never seen that in 36 fucking years,” Silverstein grumbled to his client after the judge gave the five prior jurors and the sixth alternate juror their new charge. I’ve never seen him excuse a fucking juror.”

At around 11:30 a.m. Alander called the six jurors out of the deliberation room and into the main courtroom in order to answer a legal question they had asked him to resolve on Friday.

That question was about the second-degree breach of peace charge. In order to find Tennant guilty on that charge, did the jurors need to find that the defendant intentionally” caused an annoyance or inconvenience through his actions? Or did they just need to find that he created a risk” of causing annoyance or inconvenience?

After researching the matter, Alander told the jurors that they could find the defendant guilty of second-degree breach of peace only if they unanimously found him to be guilty of intentionally” or creating a risk” of causing annoyance or inconvenience. 

At around 12:15 p.m., the jurors knocked on the wooden door of their deliberation room and then passed along their penultimate note to the courtroom marshal, who then handed that note to the judge’s clerk.

Alander told the courtroom that the note said that the jurors hade reached unanimous verdicts on two of the three charges, but were deadlocked” on one other charge.

That led to Alander calling the six jurors back into the courtroom so that he could give them a so-called Chip Smith charge.” Those instructions called on whichever jurors remained in dissent from the majority of their colleagues to consider whether or not that dissent is reasonable” in light of their fellow jurors’ arguments and understandings.

That doesn’t mean that any jurors should acquiesce” to the arguments of others, he said. Rather, the verdict must express your own conclusion” and one should not change one’s mind simply out of peer pressure or to expedite the end of the trial. Nevertheless, the judge read them that Chip Smith” judge in order to nudge the jurors to see if they could reach unanimous decisions on all of the charges. 

Ten minutes later, the jurors handed out their last note, indicating that they had reached their final verdict.

Within minutes, the previously all-but-empty courtroom filled up — with Tennant’s family member and Knox, with a dozen state judicial branch and state’s attorney’s office employees, with seven judicial marshals, all preparing for the reading of the final verdict.

After the jury’s foreperson announced their findings, Silverstein and Alosi and Tennant huddled in relief and celebration. State prosecutor Jason Germain told the judge that Tennant’s ex-wife, who was not in the courtroom on Monday, would like to have a written statement read aloud at the sentencing hearing. Germain and fellow state prosecutor Kelly Davis said that they would not seek Tennant’s detention between now and his sentencing.

See below for previous articles about Rahgue Tennant’s arrest and criminal case.

Ex-Top Cop Trial, Day 5: Jury Nears A Verdict
Day 4: Tennant Takes The Stand
Trial Day 3: Rick Silverstein Goes For Broke
Ex-Top Cop Trial, Day 2: Police-Domestic Violence Risks Take Center Stage
Ex-Top Cop Trial, Day 1: Alleged Domestic Abuse History Revealed
Slow Start To Picking Ex-Cop’s Jury
Ex-Top Cop Gambles On Trial
Ex-Top Cop Seeks Diversionary Program
Top Cop Retires, Heads To Trial
Top Cop Rejects Battering Plea Deal
Arrested Top Cop Keeps Running Out Clock
Top Cop Benefits As Case Drags On
Top Cop’s Domestic Violence Case Continued Again
Accused Wife-Beating Top Cop Staying Sober
Top Cop Domestic Violence Case Continued
Cop’s Alleged Threats, Violence Detailed
Cops Suspend Lt. After Armed Standoff

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