05/25/2007

Waterbury Republican American

Statute of limitations bill passes House

HARTFORD - The statute of limitations barred Waterbury police from charging a man with rape, even though DNA linked him to a notorious 1993 sexual assault. The state House of Representatives unanimously approved legislation on Wednesday aimed at preventing a repeat of what happened in Waterbury. The bill, which now heads to the Senate, waives the 20-year statute of limitations for sexual assault crimes in certain circumstances. Under the bill the limitation on prosecutions wouldn’t apply if the perpetrator is identified by DNA, and if the victim reported the rape to police or state prosecutors within five years of its commission.

"Any public policy justification for the current statute of limitations is vastly outweighed by the need to protect sexual assault victims," said Rep. David K. Labriola, R-Naugatuck, a co-sponsor of the bill.

As proposed, a rapist could be prosecuted no matter how many years have passed if DNA evidence matches the perpetrator to the crime at a later date.

However, the damning DNA sample would have to be collected at the time of the rape.

"It is like finding a fingerprint, but you don’t have a match yet. The current law allows you an additional 15 years to find out who the DNA belongs to.

"The proposed change would be to eliminate the limitation altogether," said Rep. Michael P. Lawlor, D-East Haven, House chairman of the Judiciary Committee.

The statute of limitation stopped Waterbury police from filing rape charges against a suspect in the rape of Donna Palomba, a well know businesswoman who was sexually assaulted in her family’s home in 1993

Police bungled the original investigation, and Palomba later won a $190,000 judgment against the department. The case spurred changes in how city police handle sexual assault investigations.

Palomba came forward earlier this year and publicly identified herself as the victim of the 1993 rape. Last month, her story was featured on "Dateline NBC", and she also appeared on NBC’s "Today" show.

Earlier this year, police linked family friend John Regan to the rape through a DNA sample taken following his 2004 arrest for trying to force himself sexually on a co-worker. It matched the DNA in Palomba’s rape kit.

However, police were only able to charge Regan with kidnapping because the statute of limitations had expired for sexual assault charges.

Regan later pleaded guilty to that offense and other charges relating to a 2004 stalking case.

He additionally pleaded guilty in New York State to trying to snatch a teenaged girl from a high school parking lot in Saratoga Springs. Regan received a 12-year sentence in New York and a 15-year sentence in Connecticut.

Waterbury Reps. Jeffrey J. Berger, D-73rd District, and Selim G. Nougaim, R-74th District, relayed Palomba’s story to the House and urged their colleagues to support the change in state law.

The Palomba family lived in Berger’s district until they moved out of Waterbury.

"This vote is extremely important for them, and it is also extremely important for the state of Connecticut as we look at DNA evidence and its benefits to law enforcement," said Berger, a retired city police officer.