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| Michelle Tuccitto, Register Staff | April 08, 2001 |
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http://www.zwire.com/site/news.cfm?newsid=1645405&BRD=1281&PAG=461&dept_id=7573&rfi=8
| 3 mistrials leave a family grasping for justice | ||||||||
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Photographs of the late Edward Ramos and a firetruck adorn a special corner inside the Washington, Conn., home of his brother, Gary. |
| Edward Ramos, a volunteer firefighter, died while fighting the Thanksgiving, 1996 blaze at Floors & More store on School Ground Road in Branford. "This is our tribute to Eddie, a way to show how proud we are of him," Gary Ramos said of the mementos. "He was a volunteer firefighter who stood his ground so two other firefighters could escape. We have this chair in front of the pictures because if you sit there, you’re being watched over by a hero." The store’s owner, Anthony "Gene" Bontatibus, stands accused of setting the fatal blaze. He faces three charges of first-degree arson and one charge of arson murder. There have been three trials, but all of them ended in mistrials. The most recent trial ended last month after the jury announced it was deadlocked six to six. State’s Attorney Michael Dearington said last week he hasn’t decided yet on his next course of action, but will likely do so by the time Bontatibus is due back in court on April 20. Dearington’s options include pursuing a fourth trial, plea bargaining or dropping the charges. The lack of a verdict has meant a lack of closure on both sides. "If there isn’t another trial, this will always be over his (Bontatibus’) shoulder," said Pat Ramos, Gary Ramos’ wife. "He didn’t prove himself innocent. We may not have gotten our verdict, but he didn’t get his either. There is no winner here." Public Defender Thomas Ullmann, who represents Bontatibus, said he plans to ask the state to drop the charges, because prosecutors have been unable to convince an entire jury of his client’s guilt. "I don’t think there would ever be a plea bargain," said Ullmann. "The defense was very disappointed that we didn’t have a unanimous verdict of not guilty that would have acquitted him." The first trial ended in a hung jury. The second was deemed a mistrial due to juror misconduct, but jurors in that trial also said they couldn’t agree on a verdict. Ramos, who traveled from his Litchfield County home to New Haven each day of all three trials, said he realizes the prospects of a fourth trial are slim. "The state doesn’t want to spend that kind of money on the same case if they’re going to get the same result, but if the charges are dropped, I’d be disappointed," said Ramos. "I saw the big smile on Mr. Bontatibus’ face after the third trial, like he’s gotten away with it. He thinks half the jurors thought he was innocent. The way I look at it, half thought he was guilty." "I just want to see justice done," Ramos added. "This is all about Eddie to me. I wanted an answer from this trial." Edward Ramos was one of five children. The Ramos family has been beset by tragedy. Their father died of cancer when they were young, and the children were raised in foster homes. A sister, Liza, died in a motor vehicle accident in 1998. Gary Ramos, who is five years younger than his late brother, uses a wheelchair because of injuries he suffered in a car accident several years ago. Despite being raised in separate homes, the siblings still kept in touch. Richard and Lois Howd of Branford, Edward Ramos’ foster parents, also attended the trials daily. "Eddie and I would go out on a boat in Stony Creek and visit the islands," said Ramos. "We were able to overcome what happened in our younger years." Ramos was on vacation with his wife, Pat, in North Carolina the night Edward died. He got the call in the middle of the night. Within an hour, he had his van packed and drove back to Connecticut. "I went into shock and Pat tried to console me," said Ramos. "Later, when I found out it was arson, I was infuriated and thought whoever did this deserves to be punished." While the state fire marshal’s office ruled the cause of the fire to be arson, Bontatibus’ defense lawyers have pointed to a persistent natural gas odor in the building and electrical problems as possible factors. "If the fire was arson or accidental, no matter how you look at it, Gene Bontatibus was responsible," said Pat Ramos. "Either he burnt the building or he was negligent in taking care of the building." Ullmann noted that police pursued the charges of arson and arson murder, rather than a lesser charge like negligent homicide. "If that is people’s feeling, it should have been the allegation at the beginning," said Ullmann. "At this stage, accusing him of reckless homicide or negligence is not an option. It’s letting the fire department off the hook for its total mismanagement of this fire." The state Department of Labor’s Division of Occupational Safety and Health cited the department for several safety and training violations after the fire, including inadequate training to ensure all firefighters are accounted for at a scene. At the Floors & More fire, fire department supervisors initially believed all firefighters had made it out safely, but a fellow firefighter, the last to see Ramos alive, insisted that someone was still inside. Gary Ramos criticized Bontatibus for not expressing sympathy to his family. "He has never come up to me and said, ‘I’m sorry for the loss of your brother,’ " said Ramos. "Gene Bontatibus has been able to rebuild his life, but we can’t rebuild our lives because Eddie is gone. How can there be justice for that? It just doesn’t seem fair." Ullmann maintained that his client has a tremendous amount of sympathy for the Ramos family. Throughout, Bontatibus has deferred comment to his attorney. If convicted on the arson murder charge alone, Bontatibus could face life imprisonment. "He is in the public eye and accused of setting this fire," said Ullmann. "Any criminal defense attorney would make sure he doesn’t make any comments, which could be mischaracterized. He is defending his life — those days in court could have been his last as a free man." |
| İNew Haven Register 2001 |
