New Trial Frees Stuart in Milford Sex Murder
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Manchester — A City of Village Charm Saturday, Dec. 13,1986 30 Cents NEW TRIAL FREES STUART IN MILFORD SEX MURDER DERBY (AP) — A 35-year-old man was set free from prison for the first time in more than four years Friday after he was found innocent in his second triai on charges that he raped and murdered a 5-year-oId giri. “ I can’t describe it. I ’m speechiess,” said the defendant, Daniel Stuart of Milford, after the Superior Court jury returned its verdict following almost two days of deliberations. “ I haven’t had Christmas in a while. Christmas is just another day in jail.” Stuart was convicted in 1983 of felony murder in the June 21, 1982 sexual assault and beating death of Constance Roberts of Milford, whose body was found behind a school. Stuart won a new trial because a man who committed suicide while the jury was deliberating in Stuart’s first trial left notes in which he apologized for raping and murdering an unnamed young girl about the same time Roberts was killed. Former Superior Court Judge Alvin G. Rottman ruled last year that the suicide notes of Joseph Salamone were new evidence that could persuade a jury that Stuart was innocent. ’The notes were never introduced os evidence in Stuart’s second trial, however. Judge Hugh C. Curran ruled earlier this week that they were inadmissible. ” I think this proves the system does work,” Stuart’s attorney, Robert Casale, said Friday. State’s Attorney Michael Dearington left court immediately after the verdict. He was not at home Friday evening and couldn’t be reached for comment. In closing arguments Wednesday. Casale told the jury that the state’s case was “ riddled with reasonable doubt.” “ From beginning to end, from start to finish, reasonable doubt runs throughout the case,” he said. “ After 4Vi years of Danny Stuart rotting in jail, it is time for the truth.” Dearington told the jury that circumstantial evidence was enough to convict Stuart. ’Two witnesses said they saw Stuart carrying a small child on his shoulders about 4:30 on the morning Roberts’ body was found, Dearington reminded jurors. The prosecutor said Stuart told police he was AP Phota drinking heavily the night before the child’s body was found and witnesses said Stuart told them he was Hostage drama deadly looking for sex that night. ’The defense maintained that some witnesses were A police officer in Trenton, N.J., carries heid hostage for a half-hour, but the trying to frame Stuart. 6>month-old Ebony Sherle Qussin in his drama ended shortly after this rescue Dearington also said that hair and blood found on the victim’s body were consistent with Stuart’s hair and arms as he runs for cover Friday during a when poiice shot and kiiied the gu nman. blood types. Casale noted that a forensic scientist shootout. Ebony and her mother were Story on page 2. testified that the blood and hair didn’t point specifically to Stuart as the murderer the way a fingerprint might. jUkB Lakers beat Celts in Boston MAGAZINE PULLOUT SECTION ~ see page 56 l’4 » ( S M fy » » I t ( I I ! ( To w n let man drive to death, suit charges By Andrew Yurkovsky Herald Reporter The estate of a man who died last year in an automobile accident shortly after his arrest on drunken-driving charges is suing the arresting officer and the town, charging that police were negligent in allowing the man to return to his car. Damages in excess of 815,000 are being sought in the AP photo suit, filed in Hartford Superior Court last week. How van Gogh really lost his ear. Manchester police officer Wayne P. Mora arrested Trenton, N.J., police officer Richard Friday began shooting. The gunman the man. Charles H.. Colling of Monson, Mass., at North Infantine runs for cover with 6-month- was shot and killed by police shortly Main Street and Oakland Street the night of April 19, old Ebony Sherie Gusain after a gu nman after their rescue. 1985, after Colling failed a sobriety test, according to Connecticat Weather who took Ebony and her mother hostage the estate’s complaint. The complaint says that at 11; 15 p.m., police made arrangements to transport Colling to his car, and at 11;44 p.m.. Colling was involved in an automobile accident in Ellington in the AP photo Central, Eastern Interior, Southwest Interior; Today Gunm an kills teenage hostage northbound lane of Route 83. mostly sunny, blustery and cold, high 20 to 25, winu Colling’s blood alcohol content at the time of his Firefighters hose down the flaming believed to have killed most of the 81 northwest 15 to 25 mph. Tonight clear and very cold, death was 0.15 percent — far above the legal limit of wreckage of a Soviet airliner that passengers and crew members on board low zero to 10 above. Sunday, sunny, high in the TRENTON, N.J. (A P ) — A gunman took a 0.10 percent, the complaint says. mid-SOs. 13-year-old boy, his mother and his infant sister The complaint, filed by attorney Thomas L. Brayton crashed while approaching East Berlin's the flight. West coutal. East coastal: Today mostly sunny, hostage in their home Friday and shot the teenager to of Waterbury, charges that Mora failed to meet the Schoenefeld airport Friday. The crash is windy and cold, high around 30, wind northwest 20 to 30 death before police entered the house and killed the minimum standards of a police officer in allowing mph. Tonight clear and very cold, low 10 to 15. Sunday, assailant, authorities said. Colling access to his car after he was found unfit to sunny, high in the upper 30s. The boy was picked up by officers after he staggered drive. Furthermore, it charges that police failed to put Northwest hills: Today mostly sunny, blustery and out the back of the dwelling a few doors from the Colling in protective custody as required by law, that Soviet plane crashes in fog; cold, high near 20, wind northwest 15 to 25 mph. Tonight assailant’s home, said police Sgt. Robert Orlowski. they knew he was likely to harm himself or others until The woman and her 6-month old daughter escaped clear and very cold, low zero to 5 above. Sunday, sunny, the effects of alcohol had disappeared, and that they unharmed through an upstairs window during the high 30 to 35. knew that insufficient time had passed for Colling to 35-minute drama, which ended when police returned regain his sobriety. fire on the gunman. rescuers find few survivors Police could not determine the gunman's motive. " I The complaint seeks damages — including funeral and burial expenses — on the basis that the death of have no idea what he was doing," said Orlowski. BERUN (AP) - A Soviet Lottery Numbers Colling, who was an engineer at Hamilton Standard in eight. Initially, it reported that nine East German television news The victim, William Laster, suffered a gunshot Aeroflot jetliner crashed in heavy Windsor, destroyed his earning capacity and his crewmembers had been aboard the said eight survivors were brought wound just above the heart, said Orlowski. fog while approaching East Ber plane. The gunman was identified by police as Booker T. “ ability to enjoy life’s activities.” to East Berlin’s Koepenick Hospital lin’s Schoenefeld airport Friday There were no Americans a board Ricks, 39, who Orlowski said had a history of arrests “ We won’t have any comment on (the suit) because and that two were in critical Connecticut daily Friday; 958. Play Four; I,S,6,3. evening, killing most of the 81 the Soviet Tupolev-134 jet, a U.S. dating back to 1967 for disorderly conduct, shoplifting, it’s in litigation," police spokesman Gary Wood said condition. Connecticut Lotto Friday; 6,8,9,23,24,29. people aboard. Embassy spokesman in East Berlin assault and possession of marijuana. Friday. Neither Brayton nor Town Attorney John told The Associated Press by The television repor ts showed the The shooting first was reported at 2; 15 p.m. and The official news agency ADN Cooney was available Friday night to comment on the telephone. East German authori jetliner in pieces, with firemen ended about 35 minutes later, said authorities. suit. said 12 survivors were pulled from ties released no immediate infor hosing down smoldering wreckage. “ The radio room got a call about a man in a cellar the wreckage. Earlier the news agency had said there were 17 mation on the passengers’ A report by the Soviet news agency Index with a gun and we dispatched a car. Police arrived, and nationalities. Tass referred to “ flaming debris.” shots were fired at them" from a ground-floor window survivors, but it did not explain the AP photographer Elke Bruhn- of the three-story house, said Sgt. Robert Tedder. discrepancy. Advice__ OPEC members Hoffmann drove to within a half- Pieces of the airplane also were .38 Focus. .18-19 As police surrounded the house and officers entered It said the exact number of Business. .11 Local news. mile of the crash site before being scattered among nearby trees. ___4-5 the back of the home, the boy's mother and sister made victims “ was not yet possible to Churches____ Obituaries _ ___10 stopped by police. She said the ADN said a special commission their way upstairs from the ground floor and were led determine.” Classified____ Opinion___ . 12-13 plan to pump less under the leadership of Transport through a window by police, authorities said.