http://www.stamfordadvocate.com/news/local/scn-sa-nor.decamillo4jul07,0,4426865.story?coll=stam-news-local-headlines
By John Nickerson
Staff Writer
July 7, 2007
NORWALK - The state will pursue sexual assault and unlawful restraint charges against fired city police officer Ray DeCamillo after a judge yesterday rejected his application for a special probation program for first offenders that would have cleared his criminal record.
After DeCamillo's 21-year-old female accuser asked, through her attorney John Thygerson, why the former officer should be given a "clean slate when I have to live the rest of my life carrying the scars from his conduct," Judge Susan Reynolds denied the request for accelerated rehabilitation.
Reynolds acknowledged at state Superior Court in Norwalk that state law allows persons accused of misdemeanors like those DeCamillo was facing to participate in the pretrial diversionary program.
But being brought up on two misdemeanor charges at once - fourth-degree sexual assault and unlawful restraint - in an incident that occurred while DeCamillo was on duty as a Norwalk police officer, placed his case beyond a strict statutory reading of the program, Reynolds said.
The charges occurring "under the color of authority, is an appalling situation," she said before turning down DeCamillo's request.
In a statement read by Thygerson, the victim said, "My concern is the fact that this man should be held to a somewhat higher standard based upon his role and his position as a member of law enforcement. He took an oath to serve and protect. Instead he used the unique position of authority to do precisely the opposite."
DeCamillo, 35, of 51 Summer St., New Canaan, was charged after a July 5, 2006, traffic stop in which he allegedly pulled over the then 20-year-old woman for talking on her cell phone shortly after 3 a.m.
The woman told police that DeCamillo, who joined the department in September 2004, directed her to a parking lot off Silvermine Avenue and asked inappropriate personal questions of a sexual nature, fondled her left breast and touched her belly-button ring.
DeCamillo also gave the woman his cell phone number and asked her to call him the next night, Assistant State's Attorney Michael DeJoseph told Reynolds yesterday.
After holding two disciplinary hearings in April, police Chief Harry Rilling fired DeCamillo on May 9 over departmental charges stemming from the incident.
After court yesterday, police union President William Curwen said Reynolds' decision may have a silver lining for DeCamillo.
Curwen, a Norwalk police officer who appeared in uniform as a character witness for DeCamillo yesterday, said that if DeCamillo had received accelerated rehabilitation, he would have had a "cloud over his head."
"I feel it may work to Ray DeCamillo's advantage, that he will have his day in court in front of a jury - if he is vindicated," Curwen said.
A state police officer, a Stamford police officer and two friends told Reynolds that DeCamillo was a good person and they could not believe the accusations leveled against him.
Lisa Mastrada, who has known DeCamillo for nine years, said even though she was "astounded and appalled" by the accusations, she would not suspect him of doing such things.
State trooper Walter Greene called DeCamillo's character "impeccable" and it was "inconceivable" that he could have done what he is accused of.
But Norwalk Police Capt. Ernest Vitarbo said on behalf of Rilling that DeCamillo's alleged actions that night were exacerbated by his being in uniform and he should not be able to erase the charges through accelerated rehabilitation.
DeCamillo's actions "cast a shadow on the police department and all police officers," Vitarbo said.
DeJoseph said DeCamillo's alleged actions undermine the public confidence in law enforcement. He added that the charges DeCamillo faces should be decided by six jurors, not subject to a diversionary program.
If the program were denied, it would "send a message that such conduct is not allowed," DeJoseph said.
DeCamillo's attorney, William Pelletreau, said that his client, a Westhill High School graduate, has denied engaging in any physical interaction with the woman.
Pelletreau said the program, which could result in up to two years of probation, would give DeCamillo an opportunity to prove that he would stay out of trouble.
Although the accuser declined comment after court, Thygerson said she was "very pleased" with Reynolds' decision.
Rilling, who is on vacation, said via e-mail that he was pleased that the court showed compassion for the victim and the wisdom to do what was "right and just."
"The men and women of the police department are dedicated professionals and deserve to be respected as such," Rilling said. "The kind of behavior displayed by DeCamillo is totally abnormal and indicative of someone in need of help. It was an embarrassment to every hard-working police officer on our department, and the public needs to know that that is how we feel."
DeCamillo is scheduled to return to court Aug. 1.
Copyright © 2007, Southern Connecticut Newspapers, Inc.