Casertano Rejects Plea Deal In iPod Case

PHOTO: Jodie MozdzerShelton police officer Loren Casertano has rejected a plea deal from the state in his criminal case. 

He’s instead planning to move toward a trial. Casertano is accused of trying to extort money from his daughter’s friend as payment for a stolen iPod. 

Casertano and his wife, Kim Marie, have also been charged with allegedly fabricating evidence in the case.

State prosecutor John Kerwin had offered accelerated rehabilitation for both Loren and Kim Marie Casertano as a way to resolve the cases. Accelerated rehabilitation is a special form of probation that if successfully completed could see a defendant’s record wiped clean. 

But Loren Casertano recently rejected the proposal. 

Why should he have to deal with a diversionary program when he did nothing wrong?” his attorney, Rob Serafinowicz asked outside of Superior Court in Milford Tuesday morning. He’s not just going to take the easy, efficient, way out of this just to get it done. He’s willing to stand up for his innocence.”

Serafinowicz said accepting accelerated rehabilitation would also cause problems for Loren Casertano at work. Casertano claims he is being persecuted at the Shelton Police Department for speaking out about issues within the department. 

He has a federal lawsuit pending against the department and Police Chief Joel Hurliman, and has filed an ethics complaint with the city. Casertano said the complaint has been rejected by the city’s ethics commission.

Tuesday’s Hearing

Loren and Kim Marie appeared briefly at Superior Court in Milford for a hearing on their case Tuesday. 

Kim Marie does not currently have an attorney, after a judge last month dismissed attorney Norm Pattis from the case for an alleged conflict of interest. Pattis originally represented both Loren and Kim Marie Casertano, but the judge said that would create conflict if the cases went to trial. 

Tuesday, Judge Richard Arnold advised Kim Marie to get an attorney in the case. 

He said she would not be able to get accelerated rehabilitation unless Loren Casertano also applies for the program.

The court has not withdrawn its plea offer,” Judge Arnold reminded the Casertanos. 

Prosecutor Kerwin said the offer is for both Casertanos because the state doesn’t want Kim Marie getting AR then testifying on behalf of her husband at a trial. 

Joint Trial?

FILEKerwin has also filed a motion to have the two trials heard together for judicial economy.”

He said the charge against Kim Marie Casertano — conspiracy to fabricate evidence — would have mostly the same evidence as the fabricating evidence charge against Loren Casertano. Kerwin said it doesn’t make sense to bring in the same evidence in two separate trials. 

Loren and Kim Marie are scheduled to return to Superior Court in Milford on March 29 for a hearing on the motion. 

Serafinowicz said he will object on behalf of Loren Casertano. 

I object to joining anything together,” Serafinowicz said. 

He said having the cases heard together could lead to prejudice against one client. 

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