DOCKET NO: N23N-CR19-0225148-S : SUPERIOR COURT

STATE OF CONNECTICUT : G.A. #23

v. : AT NEW HAVEN, CONNECTICUT

DIANNA PAGANO : APRIL 28TH, 2021

TRANSCRIPT OF PROCEEDING

BEFORE THE HONORABLE ELPEDIO N. VITALE, JUDGE

A P P E A R A N C E S :

Representing the State:

ATTORNEY MICHAEL DENISON
Office of the State’s Attorney
121 Elm Street
New Haven, CT 06510

Representing the Defendant:

ATTORNEY KIMBERLY COLEMAN

Coleman Law Office
75 New Haven Avenue
Milford, CT 06460

Recorded and
Transcribed by:

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 1 THE COURT: All right. Good morning, counsel.

2 Before the Court is the matter of State v. Dianna

3 Pagano. Can counsel identify themselves for the

4 record?

5 ATTY. DENISON: Thank you. I’m Michael Denison;

6 I represent the state.

7 ATTY. COLEMAN: Kim Coleman for Dianna Pagano.

8 THE COURT: All right. And my thanks to Mr.

9 Denison for filling in for Mr. Lamotta.

10 And Ms. Pagano, you can hear and see me, is that

11 correct?

12 THE DEFENDANT: Yes, I can.

13 THE COURT: All right. And I know your attorney

14 has identified your voice from past interaction with

15 you. Obviously, a little bit of difficulty with the

16 video portion of the feed, but we can hear you.

17 The matter is before the Court for postures as

18 follows. The defendant entered a plea on a prior

19 occasion to, I believe, two violations of probations

20 as well as a conspiracy to commit possession with

21 intent to sell for an agreed five years, suspended

22 after 18 months, three years. It’s a cap with a PSI.

23 She was to undergo treatment as deemed

24 appropriate after evaluation. However, on the first

25 report date it was brought to the Court’s attention

26 through bail that Ms. Pagano failed to follow-through

27 on a referral for residential treatment and did not

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1 participate in screening as required.

2 As a consequence, the Court did raise her bond,

3 I believe, on March 19th. The matter was continued

4 for an inpatient bed to be located and the Court to

5 determine whether the Court would afford Ms. Pagano

6 an opportunity -- a second opportunity to avail

7 herself of that treatment.

8 Okay. Ms. Coleman?

9 ATTY. COLEMAN: I would agree with everything,

10 Your Honor. And the bed is available and I would

11 request that we lower the -- give her a PTA and let

12 her go to Virginia Wells. I believe everything is

13 set up.

14 THE COURT: Okay. State wish to be heard at

15 all?

16 ATTY. DENISON: No, Your Honor. Will the

17 program be the transporting agency?

18 ATTY. COLEMAN: I believe York will be the

19 transporting agency.

20 THE COURT: All right.

21 All right. Ms. Pagano, look, I thought I had

22 made it pretty clear to you what was expected when

23 the plea was taken and I was, frankly, a little bit

24 surprised that you did not follow-through based on

25 what was represented to me was your interest in

26 resolving your addiction issue.

27 And you’ve never been, as far as I know - at

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1 least looking at my notes after the pretrials -

2 you’ve never been incarcerated before, is that right?

3 THE DEFENDANT: I’ve been incarcerated for this

4 issue back in 2019 in November.

5 THE COURT: Okay. But for -- not as long as

6 you’ve been incarcerated now or have you been

7 incarcerated longer?

8 THE DEFENDANT: No, just now.

9 THE COURT: Okay. So look, I’m going to give

10 you a second chance to fulfill what you agreed to do

11 as part of the plea, but you understand that you face

12 significant consequences if you do not avail yourself

13 now with this opportunity. I’m going to give you a

14 second chance; there’s not going to be a third chance

15 in all likelihood, understand?

16 THE DEFENDANT: Understood.

17 THE COURT: So the Court’s order is that when

18 you are released from incarceration, you are to go

19 directly to the inpatient bed - this is a condition

20 of your release - to the Virginia Wells facility

21 where you are to remain until you are successfully

22 discharged.

23 As I told you at the time the plea entered,

24 because inpatient treatment was at that point

25 contemplate, you are to abide by all the rules and

26 regulations at Virginia Wells, not engage in

27 violence, threats, or harassment towards staff or

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1 other clients; not to use or possess illegal drugs;

2 abide by all the treatment recommendations they

3 require.

4 You’re not to leave the premises without

5 permission -- if you -- and before you have been

6 successfully discharged. If you leave before you’re

7 been successfully discharged or without permission,

8 you must appear in court the following business day.

9 And if you fail to do that, that’s -- you will

10 break the agreement and you face up to 15 years in

11 prison. As I explained to you, I believe, at the

12 time of the entry of the -- excuse me, 18 years in

13 prison, as I explained to you at the time you entered

14 your original plea. Understand?

15 THE DEFENDANT: Understood.

16 THE COURT: And then you’ll be engaged in

17 aftercare once you’re discharged - hopefully,

18 successfully - from Virginia Wells. And again, you

19 remember what I told you about what you need to do in

20 the aftercare, correct?

21 THE DEFENDANT: Correct.

22 THE COURT: Okay. All right. So she’s released

23 to the Virginia -- Wells facility, inpatient, as I

24 just indicated; transported directly there by

25 corrections.

26 Your first report date, ma’am - you must

27 appear -- unless I specifically excuse you - is going

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1 to be Thursday, May 27th. Understand?

2 THE DEFENDANT: Understood.

3 THE COURT: Okay, ma’am. Good luck. I hope you

4 do well there.

5 THE DEFENDANT: I’m sorry to ask, what is the

6 probation and --

7 ATTY. COLEMAN: Three years --

8 THE COURT: What is the what?

9 THE DEFENDANT: What was it after the program?

10 What were the conditions of the probation and stuff?

11 ATTY. COLEMAN: Well, we haven’t gotten there

12 yet, Dianna. Right now, you’re just being released.

13 THE DEFENDANT: Okay.

14 ATTY. COLEMAN: And you’re going to be on a

15 watch --

16 THE DEFENDANT: I just wanted to make sure -- I

17 apologize. Thank you.

18 ATTY. COLEMAN: Okay. You’re going to be on

19 watch.

20 THE COURT: You’re going to be -- we’re going to

21 make sure you’re doing what you’re supposed to do for

22 a few months, Ms. Pagano. We’re not going to get to

23 the sentencing for quite some time.

24 THE DEFENDANT: Okay. Thank you. I understand

25 now.

26 THE COURT: Because the outcome depends on what

27 you do.
 1 ATTY. COLEMAN: Yes.

2 THE DEFENDANT: I

3 THE COURT: Okay.

4 THE DEFENDANT: All right. T

5 for everything.

6 THE COURT: All right. Okay. May 27th. Good

7 luck. Take care everybody.

8 THE DEFENDANT: Thank you very much.

9 ATTY. COLEMAN: Thank you.

10 ATTY. DENISON: Thank you, Judge.

11 * * *
DOCKET NO: N23N-CR19-0225148-S : SUPERIOR COURT
STATE OF CONNECTICUT : GA #23

v. : AT NEW HAVEN, CONNECTICUT

DIANNA PAGANO : APRIL 28TH, 2021

C E R T I F I C A T I O N

I hereby certify the foregoing pages are a true and

correct transcription of the audio recording of the above-
referenced case, heard in Superior Court, GA #23, New Haven,

Connecticut, before the Honorable Elpedio N. Vitale, Judge, on

the 28th day of April, 2021.

Dated this 5th day of May, 2021 in New London,

Connecticut.
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