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Murder defendant pleads not guilty 14 months after arrest

By Karen Florin

Publication: theday.com

Published October 20. 2010 1:25PM   Updated October 20. 2010 1:28PM

Kevin Bialowas, accused of intentionally running over a Windham man with his pickup truck, has waived his right to an evidentiary hearing and pleaded not guilty to murder charges.

Bialowas, 46, was charged in August 2009 with the murder of 33-year-old Stephen A. Germano and has been held since then in lieu of $1 million bond.

His case has not moved forward because he co-owned a construction company but said he could not afford to retain an attorney. At one point, Bialowas had told the court he was going to use the proceeds from the sale of a building to pay for his defense. He later reported that the sale had fallen through. He has now been assigned a special public defender, which is a private attorney who contracts with the state to represent defendants who qualify for a court-appointed lawyer.

Bialowas appeared in New London Superior Court with Glastonbury attorney John E. Franckling this morning and waived his right to a probable cause hearing. Defendants in murder charges are entitled to a hearing at which the state must convince a judge there is enough evidence for the case to move forward. Bialowas pleaded not guilty after waiving the hearing. He will return to court on December 9, when his attorney will begin discussing possible resolution of the case with prosecutor Stephen M. Carney and Judge Patrick J. Clifford.

Bialowas is charged with murder, evading responsibility and illegal operation of a motor vehicle. Norwich Police said he intentionally struck Germano at the intersection of Elm Avenue and East Town Street during a July 14, 2009 dispute involving Bialowas' female passenger. Germano died six days after the incident. The state Office of the Chief Medical Examiner ruled he suffered blunt traumatic injuries and his death was a homicide.

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