Feb. 23, 2008
By Ken Krayeske • 2:10 PM EST
Mugshot of former Waterbury Mayor Phillip Giordano.
Former Waterbury Mayor Phillip A. Giordano filed a motion in U.S. District Court in Bridgeport this week to vacate his 444-month sentence for depriving children of their civil rights under color of law.
Giordano has a new lawyer, Aaron J. Romano of Fernandez and Romano from Bloomfield, and in the 15 page motion filed Feb. 19, Romano claims that Giordano's former lawyer, Andrew B. Bowman, "ineffectively" assisted Giordano. Download the .pdf here.
Additionally, Giordano's motion lists five other reasons why his sentence should be vacated. Among them, Giordano says that "newly discovered evidence that defendant was not the father of one of the victims would have likely resulted in an acquittal."
Romano alleges that since the question of Giordano's sentence is still before the Second Circuit Court of Appeals, a final judgment has not be issued in the case, and this motion to review the sentence can be made.
The motion to vacate the sentence rests mostly on Giordano's contention that his previous counsel was incompetent.
"Counsel for Defendant that counsel failed to adequately investigate the case, failed to interview witness, failed to consult with client, failed to make proper objections, failed to pursue proper legal theories and otherwise failed to perform as counsel is so obligated under the Sixth Amendment," the complaint reads.
Giordano, who was a lawyer, claimed that his Bowman waived a speedy trial "without fully informing his client of the legal ramifications."
The complaint goes on for five pages, listing reasons why Giordano's lawyer was a bum and why Giordano deserves to be freed from jail.
Among the other reasons that Giordano's sentence should be vacated, a newly performed DNA test done on one of his victims ordered by the Waterbury Juvenile Court confirmed that Giordano was not the father.
"During the trial, the government permitted the co-defendant to testify that one of the victims was the defendant's child despite the fact that she was not," the motion reads. "This had an effect of prejudicing and inflaming the jury towards wrongfully convicting the defendant."
The motion claims that since the government offered this wrong evidence, Giordano's Fifth, Sixth and Eighth Amendment rights were violated.
Giordano and Romano now claim that the government failed to fully demonstrate in court its charge that the wrong only occurred because Giordano used his position of municipal authority to make it happen.
"In fact, the government failed to ask the victims if they submitted to the defendant because of he (sic) asserted his official role as mayor," the complaint reads.
The motion to vacate also claims that Judge Alan H. Nevas violated Giordano's Due Process rights and rights to a fair trial by giving the jury incorrect instructions with regards to the charge of misuse of power.
Finally, Giordano wants out of jail on another Fifth and Sixth Amendment ground, this charge that the Second Circuit Court of Appeals failed to "fairly consider the defendant's issues on appeal.
"If fairly reviewed, the Second Circuit would have found in his favor," the complaint says, although it doesn't explain precisely what claims the court didn't fairly examine.