Norwalk v. Doutel - Motion to Dismiss (07/14/2012)


Attorney Rachel M. Baird files this motion to dismiss on behalf of Mr. Doutel which demands that the charges Mr. Doutel is up against be dismissed.

The motion to dismiss is based on three points:

The denial of Mr. Doutel's right to a speedy trial by Judge Hudock and the prosecution.

Over 12 months have elapsed since Mr. Doutel's arrest. Mr. Doutel has a constitutional right to due process under the law and the Connecticut General Statutes prescribe that the trial must occur within 12 months of arrest (CGS 54-82m). Since Mr. Doutel filed a motion for a speedy trial on June 29th, 2012, he is entitled to a trial by July 30th (since July 29th is a Sunday) or else his charges must be dismissed by law.

It is pointed out and articulated that the prosecution has purposely sought to elongate this trial and deny Mr. Doutel's right to due process and a speedy trial by continually moving the goal posts. They have done this by substituting charges twice without ever being challenged by the court about probable cause for any of the charges.

By constantly reducing the charges against Mr. Doutel, the prosecution has implicitly admitted to its malice in trying to punish Mr. Doutel for not accepting a diversionary program and instead standing up for his rights and his innocence. The prosecution has also all but admitted that they never had probable cause for the threatening charge or the harrassment charge.

Mr. Doutel objected to the infraction charge and therefore did not enter a not guilty plea.

By law and the rules of practice, the only way the infraction charge of Creating a Public Disturbance can be heard in front of a magistrate is for Mr. Doutel to plead not guilty. In the status update where the substitute charge was announced, Mr. Doutel only objected to the charge, he never plead on it. Therefore, there can be no magistrate hearing and the charge of Second Degree Harrassment is still in effect.

The statute of limitations has been exceeded.

Since more than a year has passed since the supposed 'crime' and Mr. Doutel's subsequen arrest, the new infraction charge of Creating a Public Disturbance is outside the bounds of the statute of limitations. The charge is simply not valid and must be dismissed.