Free Motion to Sever - District Court of Connecticut - Connecticut

U 1 Case 3:00-cv-00391-FBI: Document 125 Filed O4/286306 Page 1 of 4
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UNITED STATES DISTRICT COURT ZUU11 [WR Q 8 {D I2; 5 '] I
DISTRICT OF CONNECTICUT
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DUANE ZIEMBA : CIVIL NO. 3;00cv391 I In I E
V. : I
FREDERICK THOMAS, ET AL. Z APRIL 26, 2006 I
DEFENDANTS’ MOTION TO SEVER TRIAL AS TO
DEFENDANT RICHARD FORRESTAL I
. The above matter is scheduled for trial before a jury the week of May 8, 2006. Defendant
Richard Forrestal, one of seven defendants, respectfully requests that the trial be severed as to
him. In support thereof} the defendants submit as follows.
1. On March 10, 2006, defendant Forrestal suffered a heart attack. This is his
second maj or heart attack.
2. Defendant Forrestal is currently recovering at his home. His treating cardiologist,
Dr. Sappington, has opined that he is physically unable to attend the upcoming trial. (See
Attachment A).
3. Defendant Forrestal, by the plaintiffs own admission, is a very minor participant
in the event(s) that are the subject of the plaintiff s complaint. Indeed, defendant Forrestal is not
alleged to have used excessive force on the plaintiff but rather to have "watched” while the other
correctional officials used excessive force. (See Amended Complaint, October ll, 2002, 1] 40).
WHEREFORE, the defendants request the Court to sever defendant Fonestal from this I
trial.
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l Case 3:00-cv-00391-ElB)F Document 125 Filed O4/28/2806 Page 2 of 4 I
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DEFENDANTS l
Frederick Thomas, David Strange, Michael f
Fretard, Brett F ulcher, Timothy Shefer,
` Steven Willard and Richard Forrestal E
RICHARD BLUMENTHAL I
ATTORNEY GENERV E
BYE q\/ ` \ l
Matthew B. Beizer
Assistant Attorney General
110 Sherman Street
Hartford, CT 06105
Federal Bar #ctl 6304
E—Mai1: [email protected]
Tel: (860) 808-5450
Fax: (860) 808-5591
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CERTIFICATION I
I hereby certify that a copy of the foregoing was mailed to the following on this 26th day \
of April, 2006:
Antonio Ponvert, III, Esq.
KoskofiQ Koskoff & Bieder, P.C.
350 Fairfield Avenue, 5th Floor
Bridgeport, CT 06604
James Nugent, Esq.
Nugent and Bryant 2
236 Boston Post Road l
Orange, CT 06477 ,
Matthew B. Beizer
Assistant Attorney General
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Case 3:00-cv-00391-@3: Document 125 Fued g4; .WTrT_..-
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ATTACHMENT A
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I g Case 3:00-cv-OO3Bdz¤lCE3I?rs in De@@umeFtbt1£35¤¤s¤ Fiiiesd @4428/2(IO6 Page 4 of 4 I
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Joseph B. Sappington, M-D., F.A.C.C., P.C. I
I Thomas Freund, M.D., F.A.C.C. I
Murthappa N. Prakash. M.D., F.A.C.C. I
Cardiovascular Disease
Telephone 860 525-7357 I
Facsimile 860 293-0255 . I
1000 Asylum Avenue 300 Hebron Avenue I
Suite 3211 Suite 213 I
Hartford, Ct 06105 Glastonbury, CT 06033
April 24, 2006 I
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I RE: Richard Forrestal I I
To Whom it May Concern: -
-Rieherd Forrestal was recently hospitalized at St. l*'ranc.i.s Hospital with an
acute myocardial l.I`lfBl'ClZl0Il.[il¢El'l1 attack on 3/ 10/06. At that time, he
underwent urgent angioplasty and now is in recovery. He has along-
standing history of cardiac problems with previous bypass surgery in May of
1999. `
He also currently has been under severe stress from legal obligations and is .
physically mutable to attend trial, especially in view of the severe burden that
it requires in traveling to Bridgeport.
Thank you for consideration of this matter. I
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feph B. Sappington, M.D.FACC
JBS:scl1 xi': I
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