Date: Fri 15-Jan-1999

Publication: Bee

Author: ANDYG

Quick Words:

Rosenthal-Black-Kasbarian

Full Text:

Rosenthal Critical Of Prosecutor's Tactics In Kasbarian Case

BY ANDREW GOROSKO

First Selectman Herbert Rosenthal has filed a complaint against a Danbury

prosecutor over the prosecutor's criticism of him for providing a letter of

reference to a local man who is facing a sexual assault charge in Danbury

Superior Court.

In a January 7 letter to Danbury State's Attorney Walter Flanagan, Mr

Rosenthal complains about "what I believe was inappropriate behavior bordering

on intimidation and abuse of authority by one of your assistants, Kevin

Black."

Mr Black was away on vacation this week and not available for comment; Mr

Flanagan was also unavailable and did not respond to requests for a comment.

Mr Rosenthal said this week that in October, former Newtown police officer

Fred Kasbarian had come to see him, explaining that he had been arrested but

was innocent of the charges, without explaining the details of the arrest, and

asking for a character reference.

"I did not make any reference to or state any opinions about his (Kasbarian)

guilt or innocence, only that I was not aware of any prior inappropriate

behavior," Mr Rosenthal wrote to Mr Flanagan in explaining his letter on

behalf of Mr Kasbarian.

Mr Rosenthal's letter of complaint to Mr Flanagan continues "Mr Black left a

message on the office voice mail which is neither a private line nor

confidential. He chastised me and lectured me about the inappropriateness of

my writing a `letter of support for an accused child molester' in my official

capacity. He questioned my authority to write such a letter."

Mr Rosenthal's brief letter of reference for Mr Kasbarian was written on

official town stationery.

Charges

Danbury police served an arrest warrant against Mr Kasbarian, 59, of Brassie

Road September 23 lodging one count of fourth-degree sexual assault and one

count of risk of injury to a minor. The charges reportedly stem from an

alleged August 10 incident in Danbury involving a 13-year-old boy. In

December, a judge sealed the arrest warrant affidavit in the case to protect

the identity of the victim. Mr Kasbarian has pleaded not guilty to the

charges.

Mr Rosenthal's letter of recommendation for Mr Kasbarian was one of among 80

such letters submitted in Danbury Superior Court January 7 by Mr Kasbarian in

seeking to gain a judge's approval for accelerated rehabilitation. Judge

Dennis Eveleigh denied letting Mr Kasbarian participate in the program,

instead continuing Mr Kasbarian's court case to February 3 for pre-trial

discussions.

Accelerated rehabilitation is a special probationary program available to

first-time offenders. If a defendant completes the program successfully, the

charges against him typically are dismissed by a judge.

Complaint

In his letter of complaint about Mr Black to Mr Flanagan, Mr Rosenthal wrote

he believes Mr Black shouldn't have questioned him about his authority for

writing the letter of reference for Mr Kasbarian.

Mr Rosenthal wrote that Mr Black spoke to him in a subsequent telephone call

in a "very condescending and derogatory manner" and questioned the first

selectman's motives in writing the letter on behalf of Mr Kasbarian.

"I want to make it clear that my criticism of Mr Black should not be construed

as support for anyone convicted of child molestation. That type of criminal

behavior is abhorrent to me. I believe that anyone found guilty and convicted

deserves the full punishment prescribed by law. That goes for Mr Kasbarian if

he is found guilty," Mr Rosenthal wrote.

"However, the principle stands that until they are found guilty, people

accused are presumed innocent," he adds.

Mr Rosenthal writes that prosecutors should not seek to intimidate people who

provide character references because it would harm the criminal justice system

if an accused person could not obtain character references from people if they

thought they would be subject to telephone calls from prosecutors for

providing such letters.

"I hope that you will take appropriate disciplinary action so that Mr Black

refrains from this overzealous behavior in the future," Mr Rosenthal wrote to

Mr Flanagan.