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Lawyers quiz jurors in Seymour DUI case...

 
By admin at Wed, 2005-10-26 12:54

The task of jury selection began Tuesday in Superior Court in Waterbury in an emotionally charged civil case stemming from a Seymour drunken driving accident in 2001 in which three young men were killed.

Matthew Blackwell, 22, Kenneth Carey, 26, and John Kevalis, 21, were killed Oct. 7, 2001, when Carey’s Mitsubishi GT spun out of control at 85 miles per hour on Route 8. Kevalis’ brother, Martin Kevalis, then 22, survived but suffered serious injuries. An autopsy showed Carey’s blood alcohol level at almost twice the legal limit.

According to three lawsuits filed by the men’s families, the men had been drinking at Barone’s Sports Cafe in Seymour with off-duty police Detective Bailey Cook, who earlier that night had given them his police business card with a handwritten note on the back, "Don’t [expletive] with my boys."

Civil lawsuits filed by each family in 2002 and 2003, which are being tried together, claim that Cook, Barone’s owner Carol Barone, and bartender Stephen Sokol should have prevented Carey from getting behind the wheel and should be liable for the accident. The lawsuits also claim that the town should be held liable as Cook’s employer.

Town Counsel George Temple said attorneys had settled on only one juror Tuesday, and the entire jury selection process could take weeks. The trial is scheduled to begin Nov. 15. Temple said he would be "monitoring" the case, but would not be "overly active" in representing the town. Attorney Frank Szilagyi will represent Cook and the town, he said.

Neither Szilagyi nor attorneys representing the families could be reached Tuesday.

The case has been a hot item at recent town meetings, as prominent Democratic candidates have claimed the town does not have adequate insurance to cover a loss from the case.

The town’s insurance carrier for the case, Kemper Insurance, has a posted message on its Web site that says it is "currently in the process of running off all remaining property/casualty business." Democratic Selectwoman Jeanne Loda, who is running for first selectwoman, has said she would like to know who authorized the town to cover Cook’s legal fees, a question that has not been answered.

The town has $6 million worth of coverage, but Temple said he believes the town would still be covered should a jury deliver a higher verdict against the town. "We are totally covered, and I am satisfied with that. It doesn’t matter what our coverage is," he said.

Cook retired from the force in 2003 in the midst of a criminal investigation into his conduct. Around the time of his retirement, he was found guilty of interfering with a police investigation into the crash after he falsely told officers he had taken the keys away from Carey and that he had left an hour earlier than he did. Cook is serving out a suspended sentence of two years followed by three years of probation.

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