Newspaper clippings (Jan/Feb 1984)

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   : en MacKenzie Hall 
RICITARDY Bi UMENTIIAL 

110 Sh RS ly TTOR EY GENERA SIernan eel 

SRN UREA Hartford. CT 06105 

FAX (203) 5323-35336 

Office of The Attorney General A Pel: 566-7173 
State of Connecticut 

July 2.,°1992 

Philip D. Tegeler, Esq. 
Connecticut Civil Liberties Union 

32 Grand Street 

Hartford, Connecticut 06106 

RE: Sheff v. O'Neill 

Dear Phil: 

Thank you. for your letter of June 26, 1992. The deposition 
schedule which you set out in that letter is consistent with my 
records. 

A couple of points need to be in regard to the schedule. 
First, July 30 has been set aside for the deposition of an as yet 
undisclosed plaintiff witness. It is highly unlikely that we 
will be able to prepare to take the deposition of an unknown 
expert witness in the short amount of time that is left between 
now and July 30. A final decision regarding whether we can 
proceed on June 30th will be made after the plaintiffs' provide 
the necessary disclosure regarding this witness. 

Second, you will recall that we have issued a notice of 

deposition and a deposition subpoena for Marvin Dawkins. To date 
you have not suggested any alternative dates for Mr. Dawkins' 
deposition. We continue to await your response in this regard. 

Finally, in regard to your reguest for further information 
regarding the state employees who we have listed as potential 
witnesses, you should know that they we expect to revise our 
disclosure as decisions are made as to who we will call and for 
what purposes. At the moment we are considering deleting 
Forgione, Conjero, and Behuniak since their testimony is likely 
to be duplicative. In regard to Williams, Brewer, Prowda, 
Rindone, Sergi, Breene and Downs our description of their 
testimony will be updated but, at the moment, it is as complete 

as it can be. As I have explained to you, these individuals are 

not what one would normally think of as expert witnesses. The 
testimony they will present will not be based on facts or 
opinions “Macguired iin anticipation of litigation or for trial”. 
They will testify regarding facts known to them by reason of 
their employment and as such they are fact witnesses rather than 

 



  

Philip Tegeler, Esq. 
July 1,:-1992 
Page 2 

expert witnesses. We have disclosed their names pursuant to the 
outstanding order only because that order requires us to go 
beyond disclosing our experts. We do not expect these 
individuals to offer their personal opinions during their 
testimony, but simply convey to the court the information they 
have which we think is relevant to the issues before the court. 

For these reasons you need to understand that our disclosure 
in regard to these individuals will be different than our 
disclosure in regard to our expert witnesses. The descriptions 
which we have provided you to date identify the specific areas 
within the personal knowledge of these individuals which we may 
cover during their testimony. These disclosures should help you 
focus your deposition, but the disclosures do not limit the scope 
of your deposition nor do they limit the extent to which we may 
ask these people to convey their personal knowledge to the court 
at trial, 

We will, of course, update the description of the 
testimony of these individuals as we discover new areas we wish 
to cover with them and as we make final decisions as to who is 
the best person in DOE or DOH to convey certain information to 
the court. You can be sure that our decision making process in 
this regard will continue up to and even through the date that 
trial begins. 

Very truly yours, 

RICHARD BLUMENTHAL / 
ATTORNEY ZEJERNL 7 7 7 

74 /4 

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Asgistant Attorney General 
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CC: All Counsel of Record / 

 



State of Connecticut 
ATTORNEY GENERAL 

MacKENZIE HALL 

110 SHERMAN STREET 

HARTFORD, CONNECTICUT 06105 

Julius L. Chambers Esq 
Marianne Lado Esq 
Ronald Ellis Esg 

NAACP Legal Defense Fund & Ed. Fund 
99 Hudson Street 
New York NY 10013 

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