The following news item is printed in its entirety as it appeared in the New Haven Register, March 2, 2005:

Arbitrator orders marshal reinstated with pay
March 2, 2005 - New Haven Register
By Michelle Tuccitto, Register Staff

NEW HAVEN — A judicial marshal who was among those fired after a prisoner abuse scandal is to be reinstated with back pay, according to an arbitrator's award.

John Barron Jr. was terminated after the April 26, 2003, incident at the New Haven police lockup at 1 Union Ave.

Attorney Gregory Cerritelli, who represents Barron, said his client was fired after being accused of failing to intervene to protect the prisoner and failing to file a report on the incident. Barron filed a grievance in an effort to get his job back, and an arbitrator, Peter Adomeit, sided with Barron in a decision dated Feb. 25.

"This is a vindication for John, who never should have been terminated in the first place," said Cerritelli.

Another marshal, Roosevelt Lee, was charged with third-degree assault and deprivation of a person's rights by force or threat after the incident.

A city police officer, Jaime Abate, was charged with lying about the incident in her report. She received a two-month unpaid suspension from the department.

Both Lee and Abate entered the accelerated rehabilitation program and successfully completed a period of probation, so the criminal charges against them were dismissed last year.

Police claimed that Lee got into an altercation with a prisoner, Hommy Lugo Rodriguez, after Rodriguez spit in Lee's face.

According to an arrest warrant affidavit, a video recording of the incident shows Lee removing the prisoner from his cell, striking and punching him.

However, Superior Court Judge Roland Fasano, who watched the videotape, has said it shows the prisoner taken out of his cell and put on the ground, but the degree of any beating is unclear.

In addition to the videotape, police cited the statements of prisoners and staff in the affidavit. One witness, a bail commissioner, told investigators that he saw Lee punch the prisoner and throw him to the ground, the affidavit says.

In his recent decision, Adomeit concluded that "Barron was tricked," into assisting Lee with removing the prisoner from his cell.

"He had no idea what Lee was going to do," Adomeit wrote. "I conclude that Lee used excessive and unnecessary force. Barron is not responsible for Lee's conduct."

No criminal charges were lodged against Barron.

Barron has been out of work since his termination. The award means more than a year's worth of back pay.

Rhonda Stearley Hebert, a spokeswoman for the Judicial Branch, said Tuesday the office has not yet seen the arbitrator's decision and declined comment.

Attorney Michael Jefferson, who represents Lee, said his client was unsuccessful in getting his job back at an arbitration hearing last year.

"I'm happy for John," Jefferson said. "I don't think the actions taken against him or former Marshal Lee were justified. It appears Rudy (Roosevelt) Lee is the fall guy in all this."

A supervisor at the time, Patricia Goclowski, was also terminated and has a grievance pending to get her job back. No charges were lodged against Goclowski.

Lee claims he didn't do anything wrong, and only acted in self-defense by restraining a violent inmate who was struggling with several marshals.

"He followed proper protocol and procedure," Jefferson said. "Everyone implicated and terminated is getting their job back except Rudy Lee. I think there is something wrong with that picture."