Sex assault suspect's attorney seeks trial delay because alleged victim is pregnant
An attorney for Correction Officer Kareem Dawson, who is accused of sexually assaulting an inmate at the Janet S. York Correctional Institution, sought unsuccessfully Wednesday to delay Dawson's upcoming trial in New London Superior Court, claiming the alleged victim's pregnancy could prejudice the jury against his client.
Dawson, 34, is one of three correction officers charged last year by state police with having an illegal sexual relationship with a 28-year-old female inmate at the Janet S. Correctional Institution. He is accused of flirting with the woman before approaching her while she was taking a shower in March 2014 and initiating a sexual encounter. He had worked for the Department of Correction for nine years before he was charged in June 2015 with second-degree sexual assault and placed on administrative leave.
Dawson is not the father of the alleged victim's baby, court officials said.
In November 2015, Dawson turned down a plea offer from the state and opted for a jury trial. Jury selection is scheduled to begin May 7, and testimony is expected to start on May 31.
Judge Hillary B. Strackbein denied a defense motion for a continuance Wednesday after listening to arguments from attorney Trent A. LaLima from the law office of Hubert J. Santos and Senior Assistant State's Attorney Theresa Anne Ferryman.
"Having this trial in late May, when the victim will be eight months pregnant at this point, will be prejudicial to my client," LaLima said, noting his argument was based on Dawson's constitutional rights of due process and equal protection under the law.
LaLima said the woman's pregnancy, though unrelated to the alleged crime, could impair the defense's right to cross-examine her zealously due to jury sympathy for her condition. Also, he said, the woman may actually give birth while the trial is underway, increasing the risk of a mistrial.
"We believe there may not be adequate time to schedule the trial until after she gives birth," he said. He asked the judge to delay the case for two to three months.
Ferryman said that the alleged victim, who also has rights, specifically expressed a desire to have the matter settled before the baby is born.
"A trial can involve all kinds of people and circumstances that can engender sympathy," Ferryman said.
The parties rely on juries to heed judges' instructions that they should not allow sympathy to influence their decisions, Ferryman said.
"If we were to follow this thinking, we could never put a child on the stand," she said. "We would have to wait for the child to grow up."
Strackbein said the trial was scheduled to begin this month at the request of Santos, who will be trying the case. Contacted a month ago, Santos said he would be unavailable in June and July.
"The fact that the alleged victim in this case is pregnant is not relevant," the judge said.
Strackbein said the victim would only need to be present on the day she is scheduled to testify.
The two other correction officers charged with having an illegal sexual relationship with the same inmate have pleaded guilty. Jeffery Bromley of Willimantic served a 90-day prison sentence after pleading no contest in September 2015 to second-degree unlawful restraint, a Class A misdemeanor. Matt Gillette of Danielson pleaded guilty to first-degree unlawful restraint in December 2015 and received a fully suspended prison sentence and three years of probation.