The attorney for Norwich businessman Zane Megos argued in state Appellate Court on Wednesday that his client's conviction on violation of probation charges represented a “very disturbing” case of a man essentially convicted for legitimately trying to rent an apartment.

Attorney Kenneth Leary argued before a three-judge Appellate Court panel in Hartford that New London Superior Court Judge Omar Williams erred when he disregarded sworn testimony by Megos and witnesses during a two-day violation of probation hearing. He said the state's argument that the incident in 2014 that led to the violation of probation charge should not have been called a “common scheme” related to past 2012 convictions for six misdemeanor charges.

Megos, 59, was sentenced in New London Superior Court by Williams Feb. 25, 2016, to serve the five years of his suspended sentence from the six previous 2012 larceny charges after he took deposits in August 2014 for an apartment at 467-469 N. Main St. in Norwich that was condemned at the time.

He was charged with attempted third-degree larceny, third-degree forgery and criminal impersonation for issuing deposit receipts signed by business partner Bishop Taylor to would-be tenant Nicole Foster. Those charges, however, were dropped for lack of witness in Superior Court, but the violation of probation conviction remained intact.

Megos has been incarcerated since his sentencing nearly 15 months ago, and Leary's separate effort to have the high $300,000 cash bond set by Williams greatly reduced was denied April 27.

In 2012, Megos pleaded guilty to six misdemeanor larceny charges pertaining to incidents in which he took deposits for apartments and houses that never became available for rent or purchase in Norwich and New London. Leary argued Wednesday that the 2012 cases also should not have been prosecuted as criminal cases, as they represented Small Claims Court disputes over deposits and housing disputes.

Separate from the criminal cases, an investigation by The Day in 2012 found that several would-be tenants over the years had won Small Claims Court judgments and civil court cases against Megos for similar cases, but were never reimbursed for their lost deposit money.

Senior Assistant State's Attorney Margaret Gaffney Radionovas countered Leary's argument Wednesday and said Megos took money in 2014 for an apartment that was condemned at the time, that he never meant to deliver on the promise to rent it to Foster, and concealed his identity so as to avoid raising alarms about his past criminal conviction for similar practices.

She referred to testimony by state Probation Officer Tamara Lanier during the February 2016 probation violation hearing in which Lanier described two of the six 2012 cases to showcase similar circumstances, calling it a “common scheme.”

In addition to arguing that the cases were not similar, Leary argued Wednesday that Megos never impersonated Bishop Taylor during the transaction. Megos gave Foster three receipts that had been signed by Taylor — the North Main Street house was listed in Taylor's name — but didn't claim to be Taylor. Foster testified, however, that when her father couldn't read the name, he asked Megos “what is your first name?” Leary said Megos heard him to say what is “the” first name on the receipt.

“Words should mean what they say,” Leary said.

c.bessette@theday.com