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DOCKET NO.

: NNH-CV-20-61 0S200-S SUPERIOR COURT

ITALIAN - AMERICAN HERITAGE GROUP J.D. OF NEW HAVEN


OF NEW HAVEN

V AT NEW HAVEN
CITY OF NEW HAVEN JULY B,2O2O

MOTIO N FOR INSPEC TION/ORDER

Pursuant to the provisions of Conn. Practice Book Sec. 13-9 (a)(201g), the

plaintiff ltalian-American Heritage Group of New Haven, LLC, (hereinafter

referred to as "the plaintiff,") herewith represents the following and requests the

relief stated herein.

The plaintiff filed an Application for lnjunctive Relief on June 23,2020,

Said Application for lnjunctive Relief challenged the legality of the

defendant City of New Haven's (hereinafter referred to as "the defendant,")

removal of a statue of Christopher Columbus, the Explorer, from Wooster Square

Park in New Haven;

Said Application for lnjunctive Relief has not yet been signed by the Court;

(Upon information and belief, due to the pandemic, the Judicial

Department is not scheduling Hearings on Applications for lnjunctive Relief.)

tAW OFFICES OF PATRICIA A. COFRANCESCO

w xnnberly Avr,nue - East Hnven, conuecticut 06512


rdeyhone (zoi +o-eoos - rncsimile Oos) +ez-eoo+ - luris No.:oosta 1
Subsequent to the filing of the Application for lnjunctive
Relief, it was
reported in the local print, radio and television media
that there is a ,,time
capsule," housed in the cornerstone of the 12'high granite pedestal
of the statue
within a metal box, or time capsure, is a reather pouch, within
which are coins
from Spain, ltaly and the United States.

Most importantly, it was also reported that within the leather pouch
are
documents associated with the installation of the statue
in 1892.

A review of said documents may be of assistance to the Court


in resolving
the issues before it' - in particular, ownership of the statue,
whether it was gifted
to the defendant absolutely or with conditions.

significantly, on the evening/early morning hours of June 24_2s,2020,


the
pedestal of the statue of Christopher Columbus
was vandalized. Some person or
person(s) threw red paint on the pedestal of
the statue. (See attached Exhibit A)

said matter is currenfly being investigated by the New Haven porice

Department. (CN0231a) (Exhibit B)

IAW OFFICES OF PATRICIA A. COFRANCESCO

se xnnberly Avmue - Enst Hnven, cowecticut 06572


releyhone (zos) +ez-ooos - rncsimile (zos) +ez-0004 - Juris N0. 300918
2
With the public dissemination of information concerning
the existence of
the leather pouch, and its historically valuable contents,
coupled with the recent
vandalization of the pedestal, plaintiff sent a letter
to the defendant. (see
attached Exhibit C)

Said letter requested Police Protection for the pedestal,


along with an
alternative proposal, namely that the defendant City, "under
the supervision of an
lndependent Third Party, and in the presence
of all Counsel, access the
cornerstone' open the metal box and leather pouch,
view the contents, and place
the same in a mutually acceptable secure location.,,

said letter was met with a negative response from the defendant
city
(See attached Exhibit D)

More specificaily, said response rejected both


the request for porice
Protection, as well as consideration of the alternative
suggestion that the
pedestal's cornerstone be accessed.

IAW OFFICES OF PATRICIA A. COFRANCESCO

se xtmherly Avr,tme - Ertst Haven, cormecticut 06572


releyhone (zos) +ez-eoos - rncsfinlle (zos) +ez-ooo4 - Jilris N0. 300918
3
As advanced earlier in this presentation, the contents of the metal

box/leather pouch, in particular, the documents associated with the installation of

the statue, may be relevant to ownership issues currently before the Court.

Because of that, plaintiff seeks the following immediate alternative


Order(s):

(1)That the City of New Haven do that which is necessary to protect the base
with the assistance of the New Haven Police Department during the pendency
of the litigation, orat least until a Hearing is held concerning the plaintiff's
present Application for lnjunctive Relief;

(2) That the base not be disturbed in any manner;

(3) That any efforts undertaken by the city of New Haven to break the
structural integrity of the base by removing its contents be supervised by an
independent third-party, in the presence of all parties to this litigation, under
such further terms and conditions set down by the court;

(a) That an ln-Camera lnspection of the contents of the statue's base


take
place in the event that the Court permits that the base to be accessed
in order to
assess the relevancy of such contents;

tAW OFFICES OF PATRICIA A. COFRANCESCO

al xnnherly Avemrc - Enst Haven, counecticut 06572


releylrcue (zos) +ez-eoos'- rncsimile (zos) +ez-ooo+ - Jilyis N0. 300918 4
(5) Plaintiff further requests that the Court furlher Order that access to the

pedestal's metal box/leather pouch be undertaken by a professional

contractor/engineer, experienced in dealing with historical monuments, with the

utmost degree of surgical precision so as to minimize any further damage to the

pedestal.

THE PLAINTIFF
ITALIAN-AMERICAN HERITAGE GROUP OF NEW HAVEN

By
Attorney Patrici A. Cofrancesco
89 Kimberly Avenue
East Haven, CT 06512
Phone No.: (203)467-6003
Juris No. 300918

rAW OFFICES OF PATRICIA A. COFRANCESCO


al ximberly Av/ilue - Enst Haveu, Cowecticut 06512

releyhone (zos) +oz-ooos - rncsunile (zos) +oz-eol+ - Juris N0. 3oo918 5


CERTI CATION

This is to certify that a copy of the foregoing Motion was sent electronically
and U'S' Mail, postage prepaid this Bth day of July 2020 to all parties of record as
follows:

Patricia King
The Office of the Corporation Counsel
165 Church Street
New Haven, CT 06510

Patricia rancesco

TAW OFFICES OF PATRICIA A. COFRANCESCO


tt xiwberly Avew& - East Haven, conuecticut 06572
releyhurc (zos) +ez-eoo3'- racsimile (zos) +ez-eoo+ - lwis N0. 300918 C)
Exhlblt A
Exhlblt B
Agency Name I NC IDENT/I NVESTIGATION Case#
20-02 r 066
New Haven Police Department REPORT Date
I ORI 2/202010:41
N cT}009300 Last Known Secure
C Beat/Tract
Location of Incident Premise Type
I
D 579 CHAPEL ST, New Hqven CT 0651 I - Park/playground 13 1 I I Fri
(Com) ACuVlty
E Crime Incident(s) Weapon / Tools
#1
N
T
Destruction / Vandalism / Damage Entry Exit Security
033
D Crime Incident () Weapon / Tools Actlvlty
A #2
T Entry Exit Security
A
Crime Incident () Weapon / Tools
ACIlVlry
+3
Entry Exit Security

MO

# of Victims 1 Type: BUSINESS Injury:


Victim/Business Name (Last, First, Middle) Victim of DOB Race Sex Relationship litary
Crime # To Offender
VI CITY OF NEW HAVEN,
I t. Age
C Home Address Home Phone
T
200 ORANGE ST, New Hwen CT 06510--
I Business Phone Mobile Phone
Employer Name/Address
M

VYR Make Model Style Color Licll-is VIN

CODES: V- Victim (Denote V2, V3) O = Owner (if other than victim) R: Reporting Person (if other than victim)
Type Iniury:
o
T Code Name (Last, First, Middle) Victim of DOB Race Sex Relationshlp Status
Crime # To Offender
H
E Age
R Hornti Address Home Phone
S

Employer Name/Address Business Phone Mobile Phone


t
N Type: Injury:
Name (Last, First, Middle) Victlm of DOB Race Sex Relationship Military
Code
o Crime # To Offender
L Age
nomri Address Home Phone
E
D
Employer Name/Address tsusiness l'hone Moblle l]hone

I =None 2=Burned 3=Counterfeit/Forged 4= Damaged /Yandalized 5 : Recovered 6 = Seized 7: Stolen 8: Unknown


("OJ" = Reoovered for Other Jurisdiction)
VI Status
Make/Model Serial Number
Code Fm/To Value OJ OTY ProDertv Description
35 $s00.00 l C H lU S7 OP H D R CO LUM B US STATUE

P
R
o
P
E
R
T
Y

officer/rD# CONSIGLIO. RALPH J 240)


Invest ID# (0) Supervisor KOVAL, ROBERT A (832)
Complainant Signature Case Status Case Disposition:
Status Page 1
Aati.ve 07/04/2020
R CSjTBF Printed By: BROTAK, RECORDS06 Sys#: 982750 07108/2020 14:29
I NCIDENT/I NVESTIGATION REPORT
New Haven Police Department Cwe# 20-021066

Status
Codes
l:None 2:Burned 3=Counterfeit/Forged 4=Damaged/Vandalized 5:Recovered 6=Seized 7=Stolen 8=Unknown

IBR Status Quantity Type Measure Suspected Type

D
R
U
G
s

Assisting Officers

Suspect Hate / Bias Motivated:

NARRATIVE

R CS2IBR By: BROTAK, RECORDS06 0710812020 t429 Page2


REPORTING OFFICER NARRATIVE ocA
New Haven Police Department 20-02 I 066
Victim Offense Date / Time Reported

CITY OF NET,Y HAVEN DESTRUCTION / VANDALISM / DAMAGE Fri 06/12/2020 l0:41

THE INFORMATION BELOW IS CONFIDENTIAL - FOR USE BY AUTHORZED PERSONNEL ONLY

On 6-12-2020 while on patrol in Wooster Square park I noticed that someone had thrown balloons filled with red
paint at the Christopher Columbus Statue , The paint was on right lower leg and the base of the statue plus on the
black fence surrounding the statue. There are no camers in the area and no witnesses approched me . Public works
was notified , I also took pictures with my work phone.

Reporting Officer: CONSIGLIO, MLPH J Printed By: BROTAK, RECORDS06 0'7/0812020 14:29 Page 3
R CS3NC
lncident Report Suspect List
New Haven Police Department ocAr )Q-QlQ$$

Name (Last, First, Middle) Also Known As Home Address


1 * No name *

Business Address

DOB Age Race Sex Eth Hgt wgt Hair Eye Skin License / State.

Scars, Marks, Tattoos, or other distinguishing features

Reported Suspect Detail Suspect Age Race Sex L,th Helght Weight

Weapon, Type Feature Make Model Color Caliber Dir of Travel


Mode of Travel
VehYr/Make/Model Drs Style Color VIN

Notes Physical Char

R CSSIBR Printed By: BROTAK, RECORDS06 0710812020 14:29 Page 4


lncident Report Related Property List
New Haven Police Department ocAt 20-021066

Property Description Make Model Caliber


1
C H RISTO PH ER COLUMB US STATU E
Color Serial No. Value Qty Unit Jurisdiction
$500.00 1.000 Locsllv
Status Date NIC # State # Local # OAN
Destroved/damase 06/r2/2020
Name (Last, First, Middle) DOB Age Race Sex

CITY OF NEW HAVEN,


Notes

R CSOTBR Printed By: BROTAK, RECORDS06 0710812020 14:29 Page 5


Agency Name I NCI DENT/I NVESTIGATION Case#
20-02301 4
New Haven Police Department REPORT
I ORI
N cT}009300 Last Known Secure
C 0
Location of Incident Premise Type Beat/Tract
I
D 201 DEPALMA CT/CHAPEL ST, New Haven CT ParMplayground 13 0 0
(Com) ACilVlry
E Crime Incident(s) Weapon / Tools
#L
N Destruction / Vqndalism / Damage Entry Exit Security
T
033
D Crime Incident () Weapon / Tools Actrvrty
#2
T Entry Exit Security
A
Crime lncident () Weapon / Tools
A{.;uvlty
#3
Entry Exit Security

MO

# of Victims I Type: BUSINESS lnjury


Victim/Business Name (Last, First, Middle) Victim of DOB Race Sex Relationship Status
Crime # To Offender
VI CITY OF NEW HAVEN,
I I, Age Resident
C Home Address Home Phone
T
I
200 ORANGE ST, New Hwen CT 0651 l- 203-787-2483
Employer Name/Address Business Phone Mobile Phone
M
2OO ORANGE ST 203-946-6329
VYR Mako Model Style Color Lic/Lis VIN

CODES: V- Victim (Denote V2, V3) O = Owner (if other than victim) R = Reporting Person (if other than victim)
Type: Injury:
o
T Code Name (Last, First, Middle) Victim of DOB Race Sex Relationship
Crime # To Offender
H
E Age
N Home Address Home Phone
S

Employer Name/Address Business Phone Mobile Phone


I
N Type: Injury:
Code Name (Last, First, Middle) Victim of DOB Race Sex Relatlonshlp Status
o Crime # To Offender
L Age
Hom<i Address Home Phone
E
D
TmpI oyeiNanrr/Addret- tsuslness Phone Mobile Phone

I = None :Counterfeit/Forged 4=Damaged/V 5= 6=Seized 7=Stolen 8=Unknown


("OJ" = Recovered for Other Jurisdiction)
VI Status
Make/Model Serial Number
I Code Fm/To Value OT OTY Pronertv Descrintion
I .15 s500.00 I BROWNSI'ONE BASD

P
R
o
P
E
R
T
Y

officer/rD# CONSIGLIO. RALPH J O40)


lnvest lD#
Q)
Supervisor KOVAL, ROBERT A (832)
Complainant Signature Case Status Case Disposition:
Status 07/04/2020 Page I
R CSjTBR Printed By: BROTAK. RECORDS06 Sys#:984750 07/08/2020 14:29
INCIDENT/INVESTIGATION REPORT
New Haven Police Department Case# 20-023014
Status
Codes
l=None 2:Burned 3:Counterfeit/Forged 4=Damaged/Vandalized 5=Recovered 6:Seized 7=Stolen 8=Unknown

IBR Status Quantity Type Measure Suspected Type

D
R
U
G
s

Assisting Officers

Suspoct Hate / Bias Motivated:

NARRATIVE

R CS2IBR By: BROTAK, RECORDS06 0'7108/2020 14:29 Page2


REPORTING OFFICER NARRATIVE OCA
New Haven Police Department 20-02301 4
Victim Offense Date / Time Reported

CITY OF NEW HAVEN DESTRUCTION / VANDALISM/ DAMAGE Thu 07/02/2020 08:17

THE INFORMATION BELOW IS CONFIDENTIAL. FOR USE BY AUTHORZED PERSONNEL ONLY

On 7 -2-2020 while on patrol walking my Wooster Square beat I noticed someone had thrown red paint on the front
of the base that once stood the Christopher Columbus statue . there were no witnesses that approached me and there
are no cameras in the area. Public works was notified.

Reporting Officer: CONSIGLIO, RALPH J Printed By: BROTAK, RECORDS06 0710812020 14:29 Page 3
R CS3NC
lncident Report Suspect List
New Haven Police Department oc^t 20-023014

Name (Last, First, Middle) Also Known As Home Address


1 * No name *

Business Address

DOB Age Race Sex Eth Hgt wgt Hair Eye Skin Driver's cense / State.

Scars, Marks, Tattoos, or other distinguishing features

ReportedSuspect Detail SuspectAge Race Sex Erh Height Weight

Weapon, Type Feature Make Model Color iber Dir of Travel


Mode of Travel
VehYr/Make/Model Drs Style Color Lic/St VIN

Notes Physical Char

R CSSJBR Printed By: BROTAK, RECORDS06 0710812020 14'.29 Page 4


lncident Report Related Property List
New Haven Police Department ocAt 20-023014

Property Description Make Model Caliber


I
BROWNSTONE BASE
Color Serial No. Value Qty Unit Jurisdiction

8s00.00 1.000 Locallv


Status Date NIC # State # Local # OAN
Destroved/dumupe 07/02/2020
Name (Last, First, Middle) DOB Age Race Sex

CITY OF NEW HAVEN,


Notes

R CSOTER Printed By: BROTAK, RECORDS06 07108/2020 14:30 Page 5


Exhlblt C
Law Offices of Patricia A. Cofrancesco
General Practice of Law

SFNT VA E-MAIL & U.S. MAIL


July 2;2020
Patricia King
The Office of the Corporation Counsel
165 Church Street
New Haven, CT 06510

RE: Columbus Statue

Dear Attorney King,

writing in furtherance of my prior commurrications concerning the


I am

Columbus Statue in Wooster Square park, and its removal.

It was reported to me early this morning that the pedestal of the statue
was vandalized, presumably overnight.

One or more person(s) threw recl paint at the pedestal, defacing the base.

It is unclear whether this was done as paft of a larger effort to access the
pedestal's contents which have unfortunately been publicized this week, perhaps
rendering the cornerstone more vulnerable to looting.

As reported in the media the cornerstone contains a metal box which


itself contains a leather pouch.

Within the leather pouch are antique coins,(and possibly other historically
significant relics) and papenvork associated with the statue.

89 Kimberly Avenue, East Haven, Connecticut 06512 Telephone: (203) 467-6}ffi Fax (203) 467-GAA4
Law Offices of Patricia A. Cofrancesco
General Practice of Law

I believe that the paperwork rnay shed some light on the issue(s) currently
before the Court.

For the above reason(s) I am writing to ask that the City place the
pedestal under 24-hour Police protection to prevent any further darnage as well
a$ any effotls to break into the cornerstone and steal its contents.

ln the alternative, I would suggest that the City, under the supervision of
an lndependent Third Party, and in the presence of all Counsel access, the
cornerstone, open the metal box and leather pouch, view the contents, and place
the same in a mutually acceptable secure location.

I would appreciate a response by the end of the day witholtt the necessity
of filing a Motion with the Court which, on a practical note, rnay lend further
unwanted publicity to the above.

Thank you for you prompt attention to this matter

vou rs,
,I'*,1'vri'1,fv
r ri$ t
'..4.ifr.i'i'1,,
Patrici&q" C ofra ncesco
PAC/tj

89 Kimberly Avenue, East Haven, Connecticut 06512 Telephone: (203) 467-6003 Fax (203) 467-6004
EXHIBIT D
New Haven

OFFICE OF'THE CORPORATION COUNSEL


165 Church Street 4rr'Floor, New Haven 06510
Tel: 203.946.7958 Facsimile: 203.946.7942
2008
www.newhavenct.gov
Justin Elicker Patricia A. King
Mcyor Corporation Counsel

VIA EMAIL AND U.S. MAIL ONLY

July 2,2020

Patricia Cofrancesco
89 Kimberly Avenue
East Haven, CT 06512

Re: ColumbusStatue

Dear Patty.

I was forwarded a letter that you sent to Corporation Counsel Pat King today in which you
requested a response today. You made reference to red paint being thrown on the pedestal of
the Christopher Columbus statue and requested that the City post police officials at the park
2417 throughout the weekend, or that the City, in the presence of certain people, break open the
pedestal in order to retrieve a box that is reportedly inside the pedestal. You intimated that you
would file further papers in court if you did not receive an acceptable and timely response.
Given the press of other business and the short time period for a response to your letter, I find
the ultimatum unfortunate.

I write to inform you that, at this time, the City has no plans to assign police to monitor the
pedestal around the clock during the three-day weekend. lf your client were willing to pay the
cost of the requested protection, I am sure the City would be open to discussing this with you.
We have no reason to believe that the removal of the statue and the plaque make the contents
of the pedestal any more accessible than they were prior to their removal.

The City is also not currently willing to break open the pedestal in to attempt to extract whatever
may be inside one of the cornerstones. lt is our understanding that the act of breaking open the
pedestal is much less likely to occur than simple vandalism, because breaking into the pedestal,
which is comprised of brownstone and concrete, would require much more effort and would
attract much more attention than simply throwing paint or otherwise defacing its surface. Please
be assured that the City has every intention of protecting the statue, plaque and pedestal, as it
protects all its property.

By responding to this letter, the City in no way concedes any issue related to the legality of the
claims raised by your client.

Very yours,

Roderi ms
Deputy n Counsel

NIE\N H^AVtl\l rr ALL HApr'Ervs HEl1E