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    Saturday, May 04, 2024

    State appeals court upholds Bialowas conviction for Norwich hit-and-run death

    The state Appellate Court has affirmed the 2012 conviction of Kevin S. Bialowas, who is serving a 15-year prison sentence for running over a romantic rival with his pickup truck on a Norwich street on July 14, 2009.

    A jury in New London Superior Court had found Bialowas guilty of second-degree manslaughter and evading responsibility. Bialowas, now 51, was charged with murdering Stephen A. Germano, but the jury found him guilty of the so-called “lesser included” charge of manslaughter.

    According to testimony at the trial, Bialowas, released from a halfway house after serving a six-month prison stint, ran over Germano at the intersection of Elm Avenue and East Town Street in Norwichtown after Germano followed Bialowas and their mutual love interest, Jennifer Sanford, from Sanford’s home in Baltic. Bialowas drove away after striking Germano, even though Sanford said she told him to stop.

    Appellate judges Robert E. Beach, F. Herbert Gruendel and William J. Sullivan heard arguments in June from attorney Glenn W. Falk, representing Bialowas, and Senior Assistant State’s Attorney Stephen M. Carney, who had prosecuted the case. Falk argued that at trial, Superior Court Judge Arthur C. Hadden erred by failing to instruct the jury that a defendant’s “reasonable fear of harm” could be a defense to the charge of failing to stop and render assistance.

    In its decision, authored by Sullivan and released Monday, the appeals court wrote that Bialowas’ trial attorney, John E. Franckling, had a “meaningful opportunity” to review the judge’s instructions, since Hadden discussed them during a charge conference with the lawyers and gave them a copy to review three days prior to instructing the jury. Prior to delivering closing arguments, Hadden asked Franckling if he had anything else to state on the record regarding to the proposed instructions, and Franckling responded, “I don’t think so, your honor,” according to the decision.

    k.florin@theday.com

    Twitter: @KFLORIN 

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