Norwalk v. Doutel - Status Update #1 (05/20/2011)

On May 20 2011, Mr. Doutel and Attorney Baird show up at a status hearing at Connecticut State Superior court GA 20 in Norwalk, Connecticut. Also in attendance is State’s Attorney Tiffany Lockshier who is the prosecution in Mr. Doutel’s case. The case is in front of Judge Bruce Hudock.

Attorney Baird quickly files several basic motions:

  • A motion to dismiss.
  • A motion for return of seized property.
  • A motion for an immediate trial.
  • A request for disclosure.

The State’s Attorney responds by informing the judge that the offer of Accelerated Rehab was offered to Mr. Doutel and Mr. Doutel refused and insisted on a trial. The State’s Attorney goes on to complain to the judge that Mr. Doutel took the reasonable, logical and lawful action of applying for a new state permit to carry pistols and revolvers. The State’s Attorney takes this lawful and reasonable action and uses that as justification to enter a request for a court order to keep Mr. Doutel from possessing weapons during his release.

Attorney Baird lays out to the judge why this entire case is built on nothing but a typical voicemail between a patient and an unresponsive doctor when Mr. Doutel has just found out the doctor is a felon and a fraud and to a doctor whom Mr. Doutel has paid cash for tests necessary to have surgery performed on a painful condition.

Attorney Baird makes clear that at no time did Mr. Doutel make any implicit threat, never mind any threat that involves the firearms which have been confiscated and which the State’s Attorney is attempting to make the centerpiece of this case.

Attorney Baird:

What this case entails is that his first amendment right to speak freely has been curtailed because he exercises his second amendment right to keep and bear arms.

Attorney Baird then articulates that this blanket court order that the prosecutor is asking for is more burdensome and unfair compared to a more standard protective order. With a protective order, it is reasoned, that Mr. Doutel would be entitled to a hearing within 14 days. In light of this, Attorney Baird requests an immediate hearing if the conditions of release are used against Mr. Doutel. Attorney Baird points out that the Norwalk Police did not apply for a warrant for seizure of Mr. Doutel’s firearms. This would have both required probable cause to be shown to a judge up front and it would have mandated a hearing no later than 14 days after execution of the warrant, so it is no surprise that Norwalk Police avoided this step.

Judge Hudock completely ignores these legitimate points in the argument and proceeds to issue the order ‘temporarily’. When asked by Attorney Baird for his justification of this order, he replies:

Charge of threatening in the second degree.

A telling sign of Judge Hudock’s interpretation of rights and the Constitution is in this exchange:

Attorney Baird:

This is a fundamental constitutional right, your honor.

Judge Hudock:

It is not an unfettered right and you know that.

That is what Judge Bruce Hudock thinks of your basic human rights. They are not unfettered, and without any justifiable reason other than being arrested and the prosecutor asking for it, your rights can be terminated.

Another status hearing is issued a month away, and the official order is issued:

Temporary order that defendant not possess any weapons or apply for pistol permit.