Prosecutor’s remark constitutes ‘misconduct’

Reprimand says comment about state’s attorney — ‘Oh, come on ... liar’ — was inappropriate

Veteran prosecutor Mark Brodsky’s impromptu remark during a June 26 hearing about Hartford state’s attorney Gail P. Hardy — “Oh, come on … liar” — constituted “misconduct” that didn’t reflect well on both the state’s Division of Criminal Justice and Brodsky himself, according to a letter of reprimand to him by Chief State’s Attorney Richard Colangelo.

“I am writing to inform you that you will forfeit two vacation days as a result of the Division’s investigation into misconduct that took place during the reappointment hearing of State’s Attorney Gail Hardy on June 26, 2020,” Colangelo said in a July 1 letter to Brodsky, senior assistant state’s attorney in the Hartford prosecutors’ office.

“Your actions and public comments during the hearing” — conducted by the state’s Criminal Justice Commission via the Zoom video communications app — “not

only reflected poorly on you but on the Division as well,” Colangelo wrote. “As ministers of justice, we have an obligation to act professionally at all times.”

During the hearing, Brodsky was heard to say, “Oh, come on … liar,” after Hardy was asked how many cases she has tried herself in court, and she estimated she’s personally handled a maximum of three trials a year.

It’s unclear whether or not he had neglected to put himself on mute as he watched the hearing. Attempts by The Courant to reach him failed Friday and Monday.

After 13 years heading the Hartford prosecutors’ office, Hardy faced public opposition to reappointment for failing to complete investigations into four fatal police shootings dating as far back as 11 years; she was suspended by the justice commission last month for four days. On

June 29, the second day of the commission’s hearing, she withdrew from consideration and Colangelo announced he was giving her a newly created job as an executive assistant state’s attorney “to foster diversity in the Division of Criminal Justice.” It will pay as much as $151,731, which would be a cut from her current pay of about $163,000,

The new job has been controversial, partly because Colangelo has not provided a job description with specific details as to how Hardy would foster “diversity and inclusion” — and now disclosure of the disciplinary action against Brodsky, long a high-visibility prosecutor in the Hartford court, has added to the disquiet.

On Friday, The Courant asked Colangelo’s communications director, Alaine Griffin, to confirm sources’ reports that Brodsky had been reprimanded and lost two vacation days. She confirmed that, but would not say who issued the reprimand or confirm that it was tied to the “Oh, come on … liar” remark. The office’s Monday release of the letter, which The Courant’s requested Friday, cleared up those remaining questions.

Brodsky apparently decided to take his medicine and move on. Colangelo wrote that based on a conversation a few days after the incident, he knew Brodsky understands he erred and has “taken steps to put this matter behind you. Finally, I appreciate your willingness to waive your right to a pre-disciplinary hearing to bring this matter to conclusion.”

On July 1, the date of the letter, Brodsky appeared at the chief state’s attorney’s office with a prosecutors’ union representative “for an administrative interview concerning your actions,” Colangelo wrote, adding, “I appreciate that fact that you accepted responsibility for your actions during the interview. As we discussed … it is very important for you to keep in mind that as prosecutors, we are judged not only on our behavior during the workday, but also for how we conduct ourselves outside of the workplace.”

Jon Lender can be reached at jlender@ courant.com.