MICHAEL NOWACKI ADDRESSES ERRORS IN JUDGE BUZZUTO'S TESTIMONY RE H.B. 5505!

From: Michael Nowacki <mnowacki@aol.com>
To: Eric.Coleman <Eric.Coleman@cga.ct.gov>; William.Tong <William.Tong@cga.ct.gov>; Doyle <Doyle@senatedems.ct.gov>; dan.fox <dan.fox@cga.ct.gov>; John.A.Kissel <John.A.Kissel@cga.ct.gov>; rosa.rebimbas <rosa.rebimbas@housegop.ct.gov>; Al.Adinolfi <Al.Adinolfi@housegop.ct.gov>; William.Aman <William.Aman@cga.ct.gov>; Angel.Arce <Angel.Arce@cga.ct.gov>; David.Baram <David.Baram@cga.ct.gov>; Jeffrey.Berger <Jeffrey.Berger@cga.ct.gov>; Toni.Boucher <Toni.Boucher@cga.ct.gov>; cecilia.buck-taylor <cecilia.buck-taylor@housegop.ct.gov>; Beth.Bye <Beth.Bye@cga.ct.gov>; Vincent.Candelora <Vincent.Candelora@cga.ct.gov>; christie.carpino <christie.carpino@housegop.ct.gov>; Jeff.Currey <Jeff.Currey@cga.ct.gov>; Patricia.Dillon <Patricia.Dillon@cga.ct.gov>; Doug.Dubitsky <Doug.Dubitsky@cga.ct.gov>; mae.flexer <mae.flexer@cga.ct.gov>; Mary.Fritz <Mary.Fritz@cga.ct.gov>; Gerratana <Gerratana@senatedems.ct.gov>; Bob.Godfrey <Bob.Godfrey@cga.ct.gov>; Minnie.Gonzalez <Minnie.Gonzalez@cga.ct.gov>; Ernest.Hewett <Ernest.Hewett@cga.ct.gov>; David.Labriola <David.Labriola@housegop.ct.gov>; Roland.Lemar <Roland.Lemar@cga.ct.gov>; Art.Linares <Art.Linares@cga.ct.gov>; Ben.McGorty <Ben.McGorty@cga.ct.gov>; Michael.McLachlan <Michael.McLachlan@cga.ct.gov>; Bruce.Morris <Bruce.Morris@cga.ct.gov>; tom.odea <tom.odea@housegop.ct.gov>; Arthur.ONeill <Arthur.ONeill@housegop.ct.gov>; Robyn.Porter <Robyn.Porter@cga.ct.gov>; emmett.riley <emmett.riley@cga.ct.gov>; Robert.Sampson <Robert.Sampson@cga.ct.gov>; Joseph.Serra <Joseph.Serra@cga.ct.gov>; john.shaban <john.shaban@housegop.ct.gov>; Caroline.Simmons <Caroline.Simmons@cga.ct.gov>; richard.smith <richard.smith@housegop.ct.gov>; Joe.Verrengia <Joe.Verrengia@cga.ct.gov>; Toni.Walker <Toni.Walker@cga.ct.gov>; Gary.Holder-Winfield <Gary.Holder-Winfield@cga.ct>
Cc: melissa.farley <melissa.farley@jud.ct.gov>
Sent: Thu, Mar 19, 2015 6:51 am
Subject: Misremembrances of Judge Elizabeth Bozzuto in non-sworn testiomny on March 11, 2015 in opposition to HB 5505

To all Judiciary Committee members:

 

On March 11, 2015, members of the judiciary committee in attendance heard prepared testimony of Chief Administrative Judge of Family Matters who delivered prepared remarks and then answered questions posed by the judiciary committee members.

 

I want each of you to take less than ten minutes to review on CT-N archives (published transcript is not yet available), the judiciary committee meeting on the date of March 11.  Please use the cursor on the videoplayer and watch a series of questions posed by Representative Buck-Taylor concerning the subject of Part 1 of the bill, involving the use of supervised visitation.

 

I have watched the video carefully four times since March 11, and spoke to external affairs director, Melissa Farley about the statements of Judge Buzzuto which is in the process of being refuted with hard data about the "common practice" in family courts to order supervised visitation of long durations, entered as court orders regardless of whether the supervised visitation is affordable. 

 

Despite Judge Buzzuto's testimony was at times framed by the words, "To be honest with you, my experience", Judge Buzzuto's personal record as jurist and as the Chief Administrative Judge was not "sworn testimony" subject to perjury allegations.

 

However, the Code of Judicial Conduct does contain language which indicates a judge cannot use the powers of the office in a manner to use the prestige of their capacity as a public official, to make statements on public policy issues such as legislation which are designed to knowingly mislead another public official such as a member of this judiciary committee.

 

Last Monday, March 16, 2015, I approached external affairs director, Attorney Melissa Farley, indicating that at that time I had reviewed the testimony of Judge Buzzuto three times since March 11, 2015 and Judge Buzzuto had a responsibility to issue a letter of correction--similar to the letter issued by Judge Frazzini, who only issued such a letter of "correction" after I contacted him at his home email address stevefraz@Comcast.net.  This email address of Judge Frazzini can be found on documents published on the judiciary website on the date of January 16, 2015, when just Frazzini testified under oath and delivered "material false and misleading" testimony about his CT Chapter AFCC membership.

 

Yesterday, I sent an email to Attorney Farley seeking a copy of any communication to the judiciary committee members including  letters, faxes, texts, phone calls records to or from any judiciary committee member, email, text or documents defined in the FOI Act which emanated from any personal email or State of Connecticut email address of ANY members of the judiciary, including Judge Buzzuto, which corrected testimony provided to your committee.

 

Attorney Farley has not acknowledged that FOI request as of this date and she is copied on this communication.

 

Those, such as myself, who have been ordered to permanent supervised visitation as part of a Memorandum of Decision by a judge are not going to tolerate Judge Buzzuto's attempts to undermine the support of HB 5505, especially in light of the data we are now assembling to provide data to this committee to show the incidence of supervised visitation is not rare, is not short term, and subjects our children and the parents to unjustified humiliation in an environment which Judge Buzzuto described herself on March 11 as "an artificial setting".

 

Within three weeks time, an excel chart will be sent to this group of legislators to consider as hard evidence to refute Judge Buzzuto's statements, while not sworn were designed to mislead the members of this committee.

 

We hope to assemble in this document those who have spent as much as $125,000 in supervised visitation which ended only when there were no more financial resources available to a parent.

 

To suggest, that this committee would provide weighting to certain portions of Judge Buzzuto's testimony because she is a judge and assumed to be "credible and trustworthy" in statements made on March 11, 2015 should be a judgment to be deferred until which point in time we can assemble the data to refute the answers to Representative Buck Taylors questions on supervised visitation.

 

There are also "speculative " comments issued by Judge Bozzuto which were made on the other three sections of the bill, which parents will refute with hard data which contradicts the published comments made by Judge Bozzuto concerning section 3, 4 and 5 of HB 5505.

 

Those comments will be reserved for a later point in time in a separate email to the judiciary committee members.

 

HB 5505 is a bill which will provide much needed restraints on "judicial authority" acquired through decisional law cases and through self empowerment which occurred by the unmonitored adoption of PB Rules without the legislative "hearings" required by C.G.S. 51-14 (a) and (c).

 

We would ask for your indulgence to allow the citizens of this State to prepare documents to refute certain portions of Judge Buzzuto's testimony.

 

However, if a letter of correction is issued of any kind concerning the March 11, 2015 judiciary committee hearing on HB 5505, and sent to the Chairs of the Judiciary Committee signed by any member of the judiciary "misremembrances" of Judge Bozzuto, we would ask any such letter be routed immediately to all judiciary committee members AND published on the judiciary committee's published testimony of March 11, concerning HB 5505.

 

Judge Frazzi's letter to the judiciary committee dated Jan. 28, 2015 was never published on the judiciary committee website which corrected sworn testimony.  I only acquired a copy of the letter of Judge Frazzini by filing an FOI request of Attorney Farley, who did promptly provided a scanned copy of the letter of correction on the Monday after Judge Frazzini's nomination was approved by the members of the General Assembly on the date of January 30, 2015.

 

Please accept my apologies for the length of this communication, but the judiciary committee will be considering the merits of HB 5505 and deserves to be fully informed before considering the language and amendments of this proposed legislation.

 

Feel free to contact me at any time concerning any data which has already been collected, but is currently only a "work in progress".

 

It is the hopes of the parents aggrieved by the financial impact of these process will be able to overcome the "anecdotal" testimony of Judge Buzzuto who provided no "hard data" to support her "experiences" as a member of the bench for fifteen years.  We look forward to Judge Bozzuto's next re-appointment hearing to challenge the authenticity of the statements made on March 11, 2015 that were posited into the public record as non-sworn testimony.  We look forward to Judge Buzzuto's explanations of her "misremembrances" on March 11, 2015---but the next occasion Judge Buzzuto's testimony will under oath in the next legislative session.

 

I also enclose an attachment of a letter received from Deputy Chief State Attorney Leonard Boyle sent to me concerning sworn affidavits have been filed alleging perjury by Judge Thomas Parker, Judge Taggart Adams and Judge Stephen Frazzini.  The sworn affidavits involving Judges Adams and Frazzini were posted as public testimony on the date of January 23 of the judiciary's website.

 

Many in the aggrieved parents group are fearful of retaliation or retribution if they have currently active cases in the family court.  We are seeking permissions from those litigants who harbor legitimate concerns for
"future adverse rulings" to publish docket numbers and litigants.  We are respecting those who wish to publish information anonymously rather than for attribution in the excel document which will be sent to you in three years time.

 

Hopefully, you can accept these requests for anonymous posting of data on supervised visitation as "properly adjudged concerns."

Cordially,

 

Michael Nowacki

(203) 273-4296