Injustice in Torrington

7 June—Seventy-eight-year-old Atty. Bob Fisher, who should not have been convicted of manslaughter or anything else for defending himself against a younger, physically fit, alcohol-crazed attacker who had punched him several times, was sentenced yesterday to two-and-a-half years in prison, a possible death sentence for a man his age not in optimal health.

The six-person Torrington jury that convicted Fisher three months ago doubtless took great delight in making a lawyer—any lawyer—squirm before not doing the right thing by acquitting him when all the evidence showed beyond any doubt that he had no choice but to shoot his attacker in self-defense. As I wrote the day after the unjust conviction, the jury “deliberated or partied for only three hours” before delivering its ill-considered, disgracefully unjust verdict.

Since the jury didn’t do the right thing, however, the trial judge could have overruled the clearly biased verdict. But Eliot Prescott, an appellate judge presiding over a trial-court case, chose not to do the right thing. Evidently Prescott had been sent to down to the Superior Court for what’s called caseload management—too many cases, not enough judges to try them.

Could it be, then, that Prescott, wanting to move things along, didn’t appreciate that Fisher, knowing his innocence and having faith in American justice (even in Connecticut), had refused to accept a plea deal and insisted on his right to a trial, thereby taking up a courtroom and Prescott’s time?

Judge Prescott certainly could have redeemed himself (at least somewhat) by showing some mercy and respect for justice by not sentencing Fisher, a man with no criminal history and a sterling pre-sentencing investigation, to any time behind bars. But Prescott’s resentment clearly got the better of him and he wouldn’t even grant Fisher appellate bond.

Connecticut’s Criminal Justice Commission in April appointed Eliot Prescott to be the state’s next (second) inspector general, whose job it is to investigate when people die in police custody and decide if police officers should be criminally charged for killing people in the line of duty. Unfortunately, Prescott doesn’t start that job until next month. And pity innocent police.


It’s worth noting, by the way, that the Connecticut Criminal Justice Commission is the very body that hires prosecutors. Did Prescott tell the jurors that?

In all events, Prescott told the commission at his interview, “I’ve made unpopular decisions on the bench.” We know . . .