Brothers who faced charges for allegedly removing sister from probate hearing accept deal

MILFORD — A pair of brothers charged with witness intimidation for allegedly removing their deaf and legally blind sister from a probate court hearing in Seymour received suspended jail sentences after taking plea deals Wednesday.

Gary Marsala, 58, of Seymour, and Randy Marsala, 48, of Beacon Falls, pleaded guilty under the Alford doctrine to second-degree breach of peace before Judge Peter Brown at Superior Court in Milford.

Under Alford, defendants do not agree with the allegations against them, but plead guilty and are convicted to avoid a possible greater sentence at trial.

The judge sentenced the Marsalas to suspended 90-day jail terms and a year of probation each, with instructions to obey a no-contact protective order with their sister.

The brothers and their lawyer declined to comment while leaving court.

Assistant State’s Attorney Tatiana Messina said that the charges related to a May 2021 incident during a probate hearing at the home of the Marsalas’ sister, now 54, who is the beneficiary of a structured settlement from a medical malpractice lawsuit.

A probate hearing regarding an involuntary conservatorship for the woman was being conducted when Messina said the probate judge, Clifford Hoyle, called 911 asking for assistance regarding a disagreement during which the brothers removed their sister from the house.

The prosecutor said police later talked to the victim, who told them the judge had asked the brothers to wait outside so he could talk to her and one of the brothers became upset and knocked on the door.

“She said that Randy and Gary took her out of the hearing, which she did not want to do at that time,” Messina said.

The brothers then put her in a vehicle and kept her from talking to police who responded, then drove her around before returning to the home.

“She indicated she was not injured during the incident and she did not feel pain during the incident, but she did indicate to the police that she did want her brothers arrested for what occurred at the residence on that day,” the prosecutor said.

The prosecutor didn’t say when the brothers’ sister gave the statement she referenced, but in an arrest warrant application in the case, police cited an interview with the sister as saying she did not want her brothers arrested, but was “very upset” and “didn’t know what to do.”

The victim, who was assisted by two interpreters during Wednesday’s hearing, did not make a statement in court, but Messina read an earlier email she had sent describing the case as “very stressful.”

“I only hope that after today my brothers realize they cannot control me,” the prosecutor quoted her as saying.

Messina called the disposition “fair and reasonable” given the circumstances, but said that “in conversations with the victim, she is not 100 percent happy with this, but she understands why it happened and the difficulties we may have had if we went to trial.”

“This has been a very overwhelming process for her, to say the least,” Messina said. “But she’s glad that it’s over. She wants to move on with her life, and she hopes that maybe some day relationships can be repaired.”