The woman who is accused of holding her stepson captive for 20 years in her Waterbury, Connecticut, home is appealing a judge’s ruling that she must wear a GPS ankle monitor while out on bail.
Attorney Ioannis Kaloidis, who represents Kimberly Sullivan, wrote in an April 7 filing that Sullivan’s constitutional right to due process has been violated due to the fact that the ankle monitor was imposed as a further bail requirement after her first bail hearing.
The filing says that on March 12, Waterbury Superior Court Judge Corinne Klatt ordered that bail for Sullivan be set at $300,000 with no other conditions except “intensive pre-trial supervision.”
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“Noting the Defendant’s lack of a criminal history at the age of 56, her lifelong residency in Waterbury, twelve years of education and income, the bail commissioner requested a bond in the amount of $300,000,” the filing says. “The Defendant, through counsel, highlighted her work history, residency and absence of a criminal record, and argued for promise to appear with non-monetary conditions.”
According to the filing, when Sullivan appeared in court in front of Klatt the next day to post bail, the bail conditions remained the same despite the state asking for the GPS monitor.
After that, the state filed a motion to change Sullivan’s bail conditions.
In a March 28 hearing on the motion argued in front of a different judge, Waterbury Superior Court Judge Joseph Schwartz, the state said Sullivan was a flight risk “because she faced significant incarceration,” and that “its case had become stronger, as additional witnesses came forward,” according to the filing.
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Eventually, Schwartz ruled that, based upon new information that Sullivan was receiving mental health treatment and that she was living with one of her stepdaughters, there was enough evidence to order her to wear the GPS monitor.
However, Sullivan’s lawyers said that is untrue.
“The trial court’s hearing on the State’s motion to modify the Defendant’s conditions of release did not comport with due process requirements or the procedures directed by the Connecticut Supreme Court,” the filing says. “The State did not introduce, nor did the trial court find, by actual evidence, that the Defendant’s then-existing conditions of release were not sufficient to ensure her presence in court or protect the safety of the Complainant or the public.”
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Ultimately, the petition asked the Connecticut Appellate Court to vacate the March 28 decision that Sullivan must wear the GPS monitor.
Pattis and Paz, LLC is the law firm handling the appeal.
“We have been retained to handle a motion for bond review by Ms. Sullivan to the Connecticut Appaellate Court to address the changes made to her conditions of release following her arraignment,” attorney Brittany Paz said in a statement. “In our view, there is a strong argument that the modification was made due to public attention and desire for punishment, rather than any real concern regarding her willingness to appear in court.”
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“We further believe that the state’s blatant attempt at a second bite at the apple in front of a different judge violates the principles previously set forth when our office litigated State v. Pan. We look forward to the restoration of the original conditions of Ms. Sullivan’s release, based on facts and the law, while the charges pending against her are impartially litigated.”
According to an arrest warrant for Sullivan, her stepson, identified as “Male Victim 1,” was held in a windowless 8-foot by 9-foot storage closet with no air conditioning or heat and without access to a bathroom for 20 years. He said he was kept inside the closet 22–24 hours per day.
He said he was allowed two sandwiches and two small water bottles each day, one of which he would use for bathing. The man told police he disposed of his waste using water bottles and newspaper. The man weighed less than 70 pounds when first responders found him after the fire.
The allegations came to light after a fire at Sullivan’s home. That warrant said that Sullivan’s stepson told police he set the fire on purpose because he wanted his freedom.
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