Hartford Courant (Sunday)

VERDICT QUESTIONED

Defense points to letter arguing jury instructio­ns’ flaws

- By David Owens David Owens can be reached at dowens@courant.com.

Bruce Bemer’s lawyers seek to have jury verdicts overturned.

Lawyers for Glastonbur­y businessma­n Bruce Bemer have asked Danbury Superior Court Judge Robin Pavia to consider a letter from a Yale law professor that argues her instructio­ns to the jury that convicted Bemer of being an accessory to traffickin­g in persons were flawed.

The defense asked the judge to overturn the jury’s verdicts and acquit Bemer, or to order a new trial. In April, a Danbury jury convicted Bemer, 65, of four counts of patronizin­g a trafficked person and a single count of being an accessory to human tracking.

Defense lawyers have attacked all of the conviction­s, contending the evidence did not prove Bemer knew the young men he paid for sex were being trafficked. They further argue on the human traffickin­g charge that the judge left out of her explanatio­n of the law to the jury a critical element of the crime.

The state counters that the conviction­s should stand and that Bemer’s lawyers should follow up with a routine appeal.

Hartford attorney Wesley Horton, who is part of Bemer’s defense team, argued in a motion and a hearing last week that Pavia’s instructio­ns to the jury on “coercion” were flawed and therefore “constituti­onally defective.” An essential element of the state law on coercion required the state to prove that King threatened to “expose [a] secret” held by the alleged victims. The state presented no such evidence, the defense argues, and the judge did not explain that essential element of the crime of coercion to the jury.

“A verdict cannot stand where the jury possibly relied on a legally inadequate theory of liability,” Horton argued.

Yale Law School professor William Eskridge, a specialist in interpreti­ng statutes, makes the same point in a letter to Pavia he wrote at the request of the defense. The judge’s instructio­ns to the jury were “not only erroneous, but a miscarriag­e of justice.”

The phrase “expose [a] secret” is an essential element of the crime of coercion, which is an essential element of the crime of human traffickin­g, Eskridge argues. If the jury did not have a clear and accurate explanatio­n of law with which to evaluate the evidence, the verdict is flawed, he argued.

“In my view, the Due Process Clause does not tolerate criminal conviction based upon a jury charge that leaves out a fundamenta­l element of the crime,” Eskridge wrote. “It is clear that ‘expose any secret’ is an essential element of the crime. There is no other legitimate way to read the statute.”

Bemer, who turned down a plea agreement that would have allowed him to avoid jail, faces a maximum sentence of 60 years in prison. The charges stem from a sprawling prostituti­on and human traffickin­g ring that preyed on troubled men for decades.

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