The Connecticut Supreme Court Thursday ruled that former Hartford Mayor Eddie Perez is entitled to two new trials because a lower court erred in not separating the charges on which he was convicted six years ago.
Supreme Court Justice Richard Palmer said in his ruling Perez should have been given two trials because he wanted to testify about the bribery charges against him but he wanted to use his Fifth Amendment rights against self-incrimination on the extortion charges.
Following a jury trial, Perez was convicted in June 2010 of bribe receiving, fabricating evidence and larceny by extortion for actions he had taken while in office. Palmer wrote in his ruling that because the charges were brought against Perez in two separate instances he should have received two trials.
The state had argued that Connecticut case law indicated that motions for separate trials based on a defendant’s wish to testify selectively should be raised pretrial, and that Perez should have made his argument in this regard at the time of the state’s motion to consolidate.
The Supreme Court said the appellate court was correct in ruling that trying unrelated charges in one trial was prejudicial to Perez.
“It is the state’s intention to retry these matters in accordance with the Supreme Court’s decision,” said Chief State’s Attorney Kevin Kane in a statement.
