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Monday, June 8, 2015

U.S. SUPREME COURT DECISION MAY HAVE SIGNIFICANT IMPACT ON TED TAUPIER CASE!

According to Michelle Tuccitto Sullo of "The CT Law Tribune":

"A recent U.S. Supreme Court decision in which the justices threw out a man's conviction for making threatening comments about his wife on Facebook is already having an impact in Connecticut.
Closing arguments in the trial of a man accused of threatening a family court judge via email had been scheduled for June 2. However, in light of the June 1 ruling in Elonis v. United States, Middletown Superior Court Judge David Gold granted a continuance in the Connecticut case to June 23. Torrington attorney Rachel Baird, who represents Edward Taupier, of Cromwell, said the continuance will give her an opportunity to file a brief on how the national ruling impacts her client's case. Taupier, 50, faces charges of threatening, disorderly conduct and breach of peace in connection with comments he allegedly made in an August 2014 email about Judge Elizabeth Bozzuto, the state's chief administrative judge for family matters.



"It is my position that the Elonis case will have a tremendous impact on Taupier's case," Baird said. The high court ruling states that "there must be a showing that a person intentionally made a statement to threaten, not that they made a statement and a person felt threatened."

"Otherwise, people will have to be very careful about what they say, because someone might take it the wrong way," Baird said.

Baird said her brief will cover the issue of what the prosecution must prove about her clients mental state in order to convict him of threatening. She said the prosecution must show that Taupier intended to threaten the judge and wasn't just being reckless with his words..."

Read more: 


http://www.ctlawtribune.com/id=1202728420037/Man-Accused-of-Threatening-Conn-Judge-Cites-New-Supreme-Court-Ruling-in-Defense#ixzz3cRitFw1v

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