Wednesday, May 14, 2008

This is from the New London Day, what do you think? It is definately and interesting ruling, and it might make a few people think.


"Sarah E. Turner would like to get married, but the justice system has put her and her fiance asunder.

The 25-year-old New London woman is under court order to have no contact with William D. Sinclair, and the probation department has been working hard to ensure the two are staying apart.

Turner and Sinclair were arrested on drug charges after police raided their apartment on Lincoln Avenue in New London last year and seized a scale and a package of crack cocaine.

Both pleaded guilty to possession of narcotics, a felony. Both were given suspended prison sentences and three years of probation after completing drug rehabilitation programs.

When Judge Susan B. Handy sentenced Turner in October 2007, she referenced Turner's 4-year-old son before imposing the conditions of her probation.

”I would assume you want him to have nothing to do with drugs or people that use drugs or sell drugs?” the judge asked.“Correct,” Turner responded.

”So if I do a no-contact order with them, that's not going to be a problem?” the judge continued.“No,” Turner responded.

The judge ordered Turner to have no contact with Sinclair or any other known drug-users.

Turner said she had no idea the order would include Sinclair and sought to have it modified. She said she and Sinclair went through rehab together and are both clean, and that Sinclair has been like a father to her son.

Turner hired attorney Brian J. Woolf, who has petitioned the court to modify the no-contact order. While the motion was pending, Turner was charged with violating probation when the probation department received information that she and Sinclair were in contact. In February, Handy told Turner she would continue to monitor her for a couple of months before considering the motion.

On Tuesday, Handy denied the motion after Turner's probation officers informed the judge that Sinclair was seen walking toward Turner's car at a school he attends.

When a probation officer confronted her, Turner said she was there to pick up somebody else. Turner said she was not aware that she was under surveillance by the probation department, but insists she was doing nothing wrong.

”I spoke to Sarah,” said Woolf, her attorney.“She's trying hard. She swore there was no pre-arrangement to have contact.”

The judge said the violation-of-probation case is to continue. She said she was also disturbed by the fact that Turner has been in therapy for two years and“Mr. Sinclair's name has yet to come up.”

”When I made the order, I made it because I felt it was in Ms. Turner's and society's best interest that there be no contact,” Handy said.

Woolf said he is checking to see if there is another avenue for appeal.

“It's a constitutional right,” he said,“to marry and associate with whom you want.”

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