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TheDay.com - Jury selection to resume in NL lawsuit | Southeastern Connecticut News, Sports, Weather and Video | The Day newspaper

Jury selection to resume in NL lawsuit

By Karen Florin

Publication: theday.com

Published 02/21/2012 12:00 AM
Updated 02/21/2012 05:56 PM

Mediation between attorneys for the city of New London and the survivors of homicide victim David Romero appears to have ended without a settlement.

The discussions had started a week ago before Superior Court Judge Robert L. Holzberg in Middletown and were to continue today. Reached by phone at the end of the business day, attorney Robert I. Reardon Jr., who represents the plaintiffs in the wrongful death/negligence lawsuit, said he could not comment on the progress of the mediation, but could confirm that jury selection in the case would resume Wednesday.

“All I can say is that we’re resuming jury selection in the morning,” Reardon said.

New London’s law director, attorney Jeffrey T. Londregan, could not be reached for comment.

Reardon represents Romero’s girlfriend, Ayfer Kaya, and his sister, Marta Paguada, in a lawsuit alleging the city police department was negligent in handling a domestic violence case that ended with Kaya’s jealous ex-husband opening fire on Kaya and Romero at Kaya’s home on Blackhall Street on Sept. 22, 2003. Romero died of gunshot wounds, and Kaya was critically injured. The ex-husband, Kurtulus Kalican, was convicted of the shootings and is serving a 64-year prison sentence.

Jury selection began in the civil case in January, and the attorneys had chosen four people to serve on the panel when Reardon moved for a mistrial and filed a federal complaint. He alleges that police Chief Margaret Ackley had inappropriately contacted officials from U.S. Immigration and Customs Enforcement on Jan. 26 to ask about Romero’s immigration status. The federal lawsuit is pending.

New London Judge Emmet L. Cosgrove denied the motion for mistrial on Feb. 10 and ordered jury selection to resume Feb. 14. After court adjourned, Reardon received a phone call from the court indicating that mediation, which had been attempted unsuccessfully before jury selection began, would be resuming before Judge Holzberg, an experienced mediator.

The talks began on Feb. 14, and on Friday, Mayor Daryl Justin Finizio and Londregan attended. Finizio’s assistant, Zak Leavy, said Monday that the mayor could not comment on the pending litigation. Any settlement or verdict in the plaintiff’s favor would be paid out by the city’s insurance company.

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