Softball legal pitch - Journal Inquirer: Page One Lawsuit filed by Attorney Jason L. McCoy

Softball legal pitch - Journal Inquirer: Page One 

"VERNON — A  Glastonbury man has filed a lawsuit against the town in response to a  2012 incident during which someone from an opposing softball team threw a bat at him, causing permanent injury.



The man, Jeffrey Harrington of 377 Woodhaven Road, says the person who threw the baseball
bat at him had violated the town’s softball league rules on several
previous occasions and that the town was negligent and careless in neglecting to prevent the accident, the lawsuit states.



According to the filing, the incident occurred in July 2012 during a men’s softball league game at a town-owned field at 375 Hartford Turnpike.

The person who threw the bat was Somers residentJonathan Feigenbaum, who later was charged with second-degree assaultand first-degree reckless endangerment.

Harrington contends that during the gameFeigenbaum engaged in unsportsmanlike conduct and used profane language —behavior he had previously exhibited.


The Glastonbury man, who was catching during thegame, says Feigenbaum became upset with the outcome of a play, slammed a metal bat on the plate, and then flung it backwards. It struck Harrington in the throat, the filing states.


The Town was named in the lawsuit that was filed late lastmonth are the town clerk. Representing Harrington is former Vernon mayor Jason L. McCoy.



McCoy argues the town “knew or should have known” of Feigenbaum’s violations and did not eject, expel, or discipline theplayer before the incident during which Harrington was injured.


The bat “crushed” Harrington’s trachea — nearlycausing him to choke to death — and also resulted in scaring anddisfigurement, the filing states.


Among other reasons, McCoy states that thenegligence was caused by the town failing to provide adequate supervision, failing to enforce its own rules, failing to provide“wholesome recreational activities for individuals,” and failing topromote good sportsmanship. He also states that town staff failed to eject, expel, or suspend Feigenbaum following previous incidents.



As a result of the incident, Harrington hassevere injuries, some of which may be permanent.   Harrington “has endured and will continue to endure great mental and physical pain and suffering and may forever be restricted in activities of daily living,”  the filing states.

Because of the injuries to his neck, throat, and voice box, Harrington has had to spend “large sums of money” for medical and surgical treatment, medicine, therapy, and other items, according to the claim.



Harrington also has lost time and wages since his “earning capacity has been greatly diminished, impaired, and reduced,” McCoy says.He’s seeking money in excess of $15,000 to cover lost and future expenses.


According to the town’s rules and regulationsgoverning the Vernon men’s softball league for 2012, “unsportsmanlike conduct will not be tolerated” and any player engaging in poor behavior will be suspended or expelled from the league. It further states that “any act of aggression with intent to physically harm another person” will result in suspension or expulsion.


Online court records show that Feigenbaum was sentenced by a Vernon Superior Court judge to six months in jailsuspended after 18 months of probation stemming from an August 2013
incident during which he was charged with operating a vehicle under the influence of drugs or alcohol."

Governor's Election November 4 2014 - Will the Election Be Fair This Time In Connecticut?

Over the last week I have had several people say , was there really any problem with the vote in the last Governor election in the City of Bridgeport Connecticut? 

The answer is yes.  The estimate is that there were over 3500 ballots cast above the number of people who voted in Bridgeport Connecticut.  The reason is mathematically there were more ballots cast in Bridgeport in the November 2, 2010 Election than there were people/electors who were checked off on the Official Voter Checklist as having cast ballots to vote in that election.  Simply put there were more ballots cast in the election in Bridgeport Connecticut than people/electors who voted.  As a rule there can always be more people checked off to vote than cast votes for any of the races in the election but there cannot be more total ballots cast in the election than there are people/electors who were checked off to vote in the election.  As a matter of law "no ballot shall be issued unless the elector's name has been checked off the official check list". 2010 CGS §9-257, Regs. 9-242a-14.  This official election check off process is done as you enter the polling place when you give your name and street to the Official Checkers, at least one checker but usually there are two one democratic checker and one republican checker and then a Ballot Clerk hands to the person/elector after the persons name is checked of the official checker list. The check off process is controlled by two adversaries in the election day process therefore it ensures controls over the same person voting twice or ballots being handed out and fed through a machine. As a matter of law  "Immediately after the close of the polls, the officials must compute the number of names checked as having voted" and  return is signed.  2010 CGS §9-307.  That was not done in Bridgeport, estimates were not provided until November 5, 2010.  As a matter of law "The assistant Registrar(s) must record, directly on the official check list, the total number of names on the official check list, the total number checked as having voted, and the number not checked". 2010 CGS §9-307, §§9-258a, 9-307, 9-436.

Confirm the analysis for yourself it should be public information.  Try this, go to the Connecticut Secretary of State’s web site, try to download the results from the November 2, 2010 election by municipality.  See if you can find the turn out results for the November 2, 2010 election then compare the total number of peopled checked off as voting to the total number of ballots cast (turnout) in Bridgeport Connecticut at 11/2/2010 .  For some reason you will find the primary turn out results for the 2010 Primary at this link 8/10/2010 Primary but you will not find the turn out results for the November 2, 2010 election and ballots cast (turnout).  Again for some reason you will find the 2011 municipal election turnout results at this link 2011 Municipal Turnout .  Again for some reason you will find the November 6, 2012 turn out results in for that election at this link 2012 Election Results   you can check that against the votes cast at this link 2012 Election Vote Results .

Based upon observations, investigation and research it was uncovered that the number of people checked off in Bridgeport Connecticut as having been checked off as having voted in November 2, 2014 election in person or by absentee ballot is estimated to be at least 3,761 less than the total number of ballots cast, meaning there were more ballots cast than people/electors checked off to vote.  The total number of absentee ballots cast was mathematically correct meaning it did not exceed the absentee ballot requests and or the absentee checkoff numbers. However the immediate checkoff count did not match the ballot number even after the re-canvass.   Remember the rule immediately after the close of the polls, the officials must compute the number of names checked as having voted and sign it.  2010 CGS §9-307, §§9-258a, 9-307, 9-436.

What happened? For some reason the City did not order enough official ballots.  The City ran out at about 1 pm and made an estimated 6,000  to 8,000 copied ballots that day on a copier then distributed the copied ballots.  A very high speed copier it would seem.  Then mixed the official ballots with the copied ballots.  However that should not have changed the official checker list with the checked off voters.  

Below is a picture of the Official Checklist from Bridgeport Connecticut for the November 2, 2010 Election.  Any thoughts?  

BRIDGEPORT OFFICIAL VOTER CHECKLIST OUT AFTER THE ELECTION

Here are a few photos of ballots on the floor at one polling site and of an election official carring ballots in a paper bag with paper handles. 

BALLOTS BEING CARRIED IN A PAPER BAG WITH HANDLES

BALLOTS ON THE FLOOR

BALLOTS ON THE FLOOR

Who was in charge in the November 2, 2010 election as the Election Official in Bridgeport Connecticut? It was Bridgeport Registrar of Voters Santa Ayala.  She is the mother of Rep. Christina Ayala, D-Bridgeport, who was was arrested last for 19 charges related to voting fraud.

November 3 2010 Counting copied ballots in Bridgeport Santa Ayala with her finger up in the center.

How about these videos taken in Bridgeport from the night of the November 2, 2010 election at one of the polling places showing ballots in bags on the floor, Election officials trying to open the machines and the election officials were actually leaving with unsecured bags of ballots.

You vote really counts.