taupier brief re protective order brendahans.pdf


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CR13-0200821 –T
CR14-0675616 -T

:

SUPERIOR COURT

STATE

:

JUDICIAL DISTRICT OF
MIDDLETOWN

V.

:

OCTOBER 24, 2014

EDWARD TAUPIER

STATE’S BRIEF REGARDING THE PROTECTIVE ORDER
This brief addresses two issues that were raised at the October 17, 2014 hearing
regarding the continued need for a criminal protective order for the defendant’s wife and
two children. The hearing was requested by the defendant’s former counsel, John
Donovan, pursuant to State v. Fernando A, 294 Conn 1 (2008). Fernando A, requires
the court to hold a subsequent evidentiary hearing in which the state must prove “by a
fair preponderance of the evidence” that the order is still needed provided the defendant
requests a Fernando hearing “at the initial hearing.”

Fernando A, 294 Conn 1, 7, 12-

13. Before receiving evidence regarding the ongoing need for the protective order, the
court, Honorable David P. Gold presiding, asked the parties to brief the following two
threshold issues:
1. Did the court have the authority to issue the September 4, 2014 protective order in
either of the two criminal cases?
2.

Did the defendant waive his right to have a hearing if he did not make a request for

a subsequent hearing at the initial hearing?