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CASE NUMBER
CR950108903
SUPERIOR COURT GEOGRAPHIC AREA # 2 at BRIDGEPORT, CONNECTICUT AUGUST 30, 1995
STATE OF CONNECTICUT
VS
TODD D. SUMMERVILLE
BEFORE : THE HONORABLE JOHN F. KAVANEWSKY, JR., JUDGE
APPEARANCES: FOR THE PLAINTIFF: OFFICE OF STATE'S ATTORNEY by Joseph Marcello, Esq. Assistant State's Attorney OFFICE OF PUBLIC DEFENDER by John A. Forbes, Jr., Esq. Assistant Public Defender
FOR THE DEFENDANT:
Recorded by: Transcribed by:
Rudy Zaleta, Monitor David J. Geci, Court Reporter Judicial District - Fairfield Superior Court, 1061 Main. St. Bridgeport, Connecticut
Case 3:00-cr-00263-JCH
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THE COURT:
All right. That's noted. Pursuant to a narcotics violation
MR. MARCELLO:
surveillance conducted by the officers targeting the above location, which was Barnum Avenue, police were directed to arrest several subjects who had participated in suspected narcotics sales. I'm going to have to read that other surveillance report, Mr. Forbes. Just give me a second. While at that location, police observed Summerville and another person walking to a door at the top of the stairs, walk into an apartment that was not occupied by a legal renter, walked into the kitchen which can be seen from the street as the door was open while they entered the kitchen while Summerville and the codefendant Graham came back out and police officer, units described all that were to be arrested. Police came to that location and advised the officer to come with him to the kitchen on the apartment that was open. Police observed there several plastic bags were on the counter which had a trace of white power that resembled crack cocaine. More bags were on the kitchen floor in the cabinet next to the door where the police officer last saw this defendant which was the area of control, which was in their area of control, and seized a plastic ba
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vials with blue caps and white power which field tested positive for cocaine. As Summerville and the codefendant Graham were in control, apparently control of the apartment, no one else was in there except them while the officers were conducting their surveillance, they were ordered arrested and they were in fact arrested. As indicated, the recommendation was three suspended, three probation. THE COURT: disposed of? MR. MARCELLO: Do you know that, the answer to that? MR. FORBES: I don't know, Your Honor. Has the codefendant's case been
THE COURT: Does the State want to inquire of the defendant? THE DEPENDANT: Say that? I didn't hear.
MR. FORBES: Did Graham get rid of his case? THE DEFENDANT: I don't know.
MR. FORBES: He's unaware either, Your Honor. They were never talked about in a companion sense. They were never....
MR. MARCELLO:
I'll stand by this. This is
an old offer, Your Honor. THE COURT: All right.
A VOICE: May I approach?
THE COURT: Sure.
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MV 95-0534820, CR 95-0112581
..........................
THE STATE OF CONNECTICUT Complainant, -VSTODD D. SUMMERVILLE Defendant.
:
SUPERIOR COURT GA 2 OF FAIRFIELD AT BRIDGEPORT
MAY 2, 1996
..........................
BEFORE :
THE HONORABLE RICHARD F. COMMERFORD, JR., JUDGE
APPEARANCES: SENIOR ASSISTANT STATE'S ATTORNEY NICHOLAS J. BOVE, JR.
MARK WARREN, ESQ. For the Defendant
Gayle Beler, Court Monitor
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2
MR. BOVE: Line 5 on the Disposition Docket, Todd Summerville represented by Mr. Warren. It's a disposition. THE COURT: Mr. Warren. MR. WARREN: Good afternoon, Your Honor. I ask that prior pleas and elections be vacated, Your Honor. My client has been canvassed and is ready for plea. THE COURT: Prior pleas and elections may be withdraw. Put him to plea. MR. BOVE: Mr. Summerville, to a substituted information in 112581, to the first count of the substituted information, that being Sale of Narcotics on October 4th, 1995 in violation of 21a-277a of the Connecticut General Statutes, how do you plea, guilty or not guilty? MR. SUMMERVILLE: Guilty.
MR. BOVE: And to the second count of the
substituted information, Sale of Narcotics also on October 4th,1995 in violation of 21a-277a, how do you plead, sir, guilty or not guilty? MR. SUMMERVILLE: Guilty. MR. BOVE: This occurred - - both incidents occurred on October 4th,1995. Officers had setup a surveillance at the target location in the City of Bridgeport which is at 382 Barnum Avenue. The weather was cloudy with light rain. It was around 9:45 in the
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3
morning. The first sale where there was an arrest made was at about 9:50. A black male wearing a tan jacket identified as Charles Childs (phonetic spelling) was pushing a shopping cart, walked up to another black male who was wearing an all blue colored jean outfit, black boots who was later identified as Todd Summerville. Childs approached Todd Summerville and handed Summewille some currency. The Defendant then took the currency, looked at it, placed the currency in his left pants pocket. He walked to the basement doorway at 382 Barnum Avenue, leaned down and retrieved an item. He then walked over to where the buyer was standing, looked both ways, east and west on Barnum Avenue, handed the buyer an item. The buyer then placed the item in his right pants pocket and proceeded west on Barnum Avenue. The buyer was later placed under arrest and narcotics was found on him. The second arrest was at about 10:05. They observed a white female who was wearing a burgundy colored jacket, later identified as Sherry Ann Wright (phonetic spelling). She walked over to the Defendant, handed him some currency. He took the currency, looked at it, placed it in his left pants pocket. He looked east and west on Barnum Avenue, went to the same basement doorway, leaned over and retrieved an item and walked back to where Sherry was
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waiting and then handed her the item. She was eventually arrested and they found narcotics in her possession. Those were the facts, Your Honor. The recommendation was eight after four years, three years probation; eight, four, three. And it's to run concurrent with his other sentence out of Norwalk. THE COURT: Is there going to be a waiver of the PSI here? Is that what we are going to do? MR. WARREN: Yes, Your Honor. MR. BOVE: The State waives the PSI as well. THE COURT: All right, so it's an agreed upon disposition.
MR. WARREN: It's agreed upon disposition, Your
Honor. MR. BOVE: Yes, Your Honor. THE COURT: All right, very well. CANVASS OF TODD SUMMERVILLE BY THE COURT:
Q
Mr. Summerville, have you taken any drugs, medication
or alcohol today which might effect your judgment, sir? A
Q
No, I haven't. Have you had the opportunity to fully discuss your
case with Mr. Warren, your attorney?
A
Yes, I have. Has he reviewed with you the elements of the crimes
Q
you are charged with here and the maximum and minimum penalty for those crimes?
Case 3:00-cr-00263-JCH DEPARTMENT O F POLICE B~ID
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Case 3:00-cr-00263-JCH
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