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    Thursday, May 09, 2024

    Judge denies driving request in Mystic double fatal case

    Retired elementary school principal Carol M. Belli, who was charged with drunken driving after she struck and killed an elderly couple as they crossed Route 27 in Mystic on March 9, will remain under a court order forbidding her from driving.

    Belli, 73, of Groton was headed north in her 2010 Ford Fusion when she hit Joanna Wakeman, 78, and her husband, Seth, 88, of Stonington near the intersection of Route 27, also known as Greenmanville Avenue, and Rossie Pentway.

    She has pleaded not guilty to a misdemeanor charge of driving while under the influence of alcohol or drugs, undergone substance abuse counseling and attended court several times while the police continue their investigation.

    On Tuesday, New London Superior Court Judge Karyl Carrasquilla denied a request by Belli's attorney, Trent LaLima, to allow her limited driving privileges with use of an ignition interlock device.

    "The two facts not at issue is that two people did die here and there was alcohol involved," Carrasquilla said.

    A Stonington police report released in May indicates Belli was arrested at the accident scene after she admitted drinking two vodka gimlets prior to the crash and failed the first part of a field sobriety test. 

    Her blood alcohol concentration, taken by Breathalyzer one hour and 19 minutes after the 8:07 p.m. incident, was 0.0686 percent, which is below the legal limit for driving.

    Test results of blood drawn from Belli that night due to the seriousness of the incident have not been made public or released to an attorney for the Wakeman family.

    It is unclear whether Belli will face additional charges.

    Belli told police the traffic light was green and she was driving at a reasonable speed when, "out of nowhere," two pedestrians wearing dark clothing walked out in front of her and she struck them. A witness who was crossing at the same time said the Wakemans, who had just come from dinner at the Latitude 41 restaurant, crossed the street just before getting to the crosswalk and were struck by a car going "a little too fast."

    Attorney Robert I. Reardon Jr., who represents the Wakemans' surviving children, was in court Tuesday and objected to giving Belli her license back. Until the investigation is complete, Reardon said, it's not reasonable to assume there will be no more charges. Also, he said, Belli shouldn't have her license until her substance abuse therapy is concluded. He said Belli is retired and has a number of family members who can drive her around. She has never served any time, having been released by Stonington police on a $600 bond, and giving her license back could be "a danger to society," Reardon said.  

    Reardon also is suing the Stonington Police Department for investigative materials related to the crash. He said the department has voluntarily provided some of the requested information through the town's attorneys at the Conway, Londregan, Sheehan & Monaco law firm rather than have Reardon pursue a court order for the information. However, he said, the lawsuit will remain open, he said.

    In denying Belli's request to resume driving, Judge Carrasquilla said the suggestion that she submit to a hair follicle test would be an after-the-fact indication of her substance use.

    "I'm going to keep my order in effect," the judge said. "No driving."

    Belli's next court date is Aug. 8.

    k.florin@theday.com

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