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New London-based Geraghty
& Bonnano and the state’s first
chief disciplinary officer.
With regard to legal strategy,
Dubois said, “Every case is like a
flower and there are no two that
are the same. You have to look
at strengths and weaknesses. It’s
easy to get seduced by a sympa-
thetic plaintiff, but at the end of
the day the question is: Who is
right under the law?”
If a case is not settled, how
should the defense proceed with
a jury trial in a case with a sympathetic figure? From Hernandez’s point of view, the facts are in
One approach: “You fight fire with fire, and get her favor.
someone sympathetic from your side,” Dubois offered. Eve Hill, one of her three attorneys, told the Con-
Robert Reardon, a longtime attorney with the necticut Law Tribune Wednesday, “This is a pretty
New London-based The Reardon Law Firm, said, “I clear ADA violation. Titles 1 and 2 of the ADA re-
have been on both sides and have represented plain- quire reasonable accommodations for people with
tiffs and defendants. I never felt it was appropriate to disabilities, and the only real defense to that obli-
go after anybody because jurors appreciate if you re- gation is undue burden, and there was none in this
spect your opposing client. You seek to bring out to case.”
the jury the evidence in the case, so they can make Hill, of Baltimore, Maryland-based Brown, Gold-
an informed decision.” stein & Levy, said the plaintiff ’s side is “open to a
Reardon said it’s vital to address the sympathy fac- settlement or a trial.”
tor throughout to the jury. “We want to get the policy changed so Sarah can
“If a person is very sympathetic, you need to ad- run for school board again,” the attorney said.
dress it in your jury selection process, in your opening Hernandez’s two-year term ran from 2017-2019.
statement, throughout the trial and in your closing Her attorney said because of how the board treated
argument,” said Reardon, who noted settling a case her, Hernandez missed a meeting and then let her
is always better than going to a trial if at all possible, 2019 term expire.
“Jury selection plays a huge part,” Reardon said. Representing the Enfield Board of Education is
“The law says sympathy should play no part in your attorney Christine Chinni with Avon-based Chinni
decision. Some people are naturally sympathetic, & Meuser. Chinni declined to comment Wednesday.
and we are all humans. But the prospective jurors Another defendant, Board of Education Chairman
have to agree to put aside those sympathies when Walter Kruzel, has an unlisted telephone number
making any decision in a case, and just decide it and couldn’t be reached at press time.
based on law and the evidence.” Assisting Hill is her colleague Anthony May,
Both Reardon and Dubois believe, in the end, ju- and Kasey Considine of Hartford-based Disability
rors do just that: decide cases on the merits, and not Rights Connecticut.
favoring sympathetic individuals. ¦

Said Dubois, “I’ve had clients in wheelchairs and Robert Storace covers legal trends, lawsuits and
walkers who were very sympathetic. But the ques- analysis for the Connecticut Law Tribune. Follow
tion comes down to who is right under the law. him on Twitter @RobertSCTLaw or reach him at
Jurors take their oaths very seriously.” 203-437-5950.

CONNECTICUT
Law Tribune