State v. Sabato
Annotate this CaseLopez-Gay, with Sabato and others, was at a Danbury nightclub, when her cell phone was stolen. She used an application on her computer to track its location to the Danbury Mall. Danbury police were unable to find it. That day, Sabato asked Mason to drive him to the mall and sold Mason the cell phone. Because the phone was password-protected, Mason was unable to use it. Mason took the phone to a friend, in Newtown, who worked servicing cell phones. Meanwhile, Lopez-Gay again used the tracking application and called the Newtown Police. Mason relinquished the phone when confronted, then sent Sabato a text message telling him that he was at the police station. Sabato replied, telling Mason not to write a statement. After discovering that Mason had made a statement, Sabato sent Mason threatening Facebook messages. Sabato was convicted of attempt to interfere with an officer G.S. 53a-167a (a)1; 53a- 49 (a) (2), and intimidating a witness, G.S. 53a-151a (a) (1). The Connecticut Supreme Court affirmed the intimidation conviction, but reversed the conviction of attempt to interfere with an officer. Fighting words are the only form of speech proscribed by Section 53a-167a, and Sabatot’s text message contained no such language. The state was precluded from arguing that it constituted a true threat, having never pursued such a theory at trial. Merely asking Mason not to give a statement was constitutionally protected and outside the purview of the statute.
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