Former Norwalk police lieutenant pleads guilty in long-running sex case

Former Norwalk police lieutenant Thomas Cummings arrives at Superior Court in Stamford, on Thursday, Feb. 14, 2008. Cummings took a plea deal on the eve of his trial Wednesday. Former Norwalk police lieutenant Thomas Cummings arrives at Superior Court in Stamford, on Thursday, Feb. 14, 2008. Cummings took a plea deal on the eve of his trial Wednesday. Photo: File Photo Photo: File Photo Image 1 of / 3 Caption Close Former Norwalk police lieutenant pleads guilty in long-running sex case 1 / 3 Back to Gallery

STAMFORD -- After two witnesses in the sex assault case against former Norwalk police Lt. Thomas Cummings decided they could not testify and the state's case fell apart, Cummings pleaded guilty Wednesday to three misdemeanor charges.

He pleaded guilty before Judge Gary White at state Superior Court in Stamford to first-degree reckless endangerment, interfering with an officer and coercion; he is to be sentenced to serve 30 days in jail when he returns to court Sept. 3.

Cummings, who had been facing 12 sexual assault and risk of injury charges that could have put him in jail for up to 165 years, made the pleas about a half-hour after nine jurors in the case were excused late Wednesday morning.

Cummings will receive a suspended three-year sentence and three years of probation, White said. The pleas were made under the Alford Doctrine, meaning a defendant does not agree with the state's facts, but realizes there may be enough evidence for a guilty verdict.

A two-week trial was to begin Tuesday, but with the witnesses going "sideways," the trial was postponed for a day, the prosecutor, Senior Assistant State's Attorney Richard Colangelo, said.

Cummings, who remained stoic through the court hearing, declined comment through his defense attorney, Robert Frost. Frost said Cummings will make a statement when he is sentenced. Carl Kleeberg, who has been married to Cummings since Connecticut civil unions became legal in October 2005, was in court to support his husband.

After being charged with the crimes in late January 2008, Cummings, who when the investigation against him began was commanding the detective bureau and had been considered for a deputy chief's job, resigned after 24 years in uniform.

Although he acknowledged the abrupt turnaround in the 32-month old case was "shocking," Colangelo said he was not disappointed with the plea agreement. "I think the disposition we arrived at is appropriate," he said. "Mr. Cummings' convictions cover his conduct during the time period."

In court Colangelo explained one witnesses set to take the stand against Cummings realized his recollection that he was 15 when the two allegedly had sex in early 2003 was a mistake. Colangelo said the youth, now 21, believes at this point that the incidents happened in 2004 when he was 16. Colangelo said that in 2004, despite his being 43 at the time, Cummings would not have been guilty of a crime for having consensual sex with a 16-year-old.

During an interview after the hearing, Colangelo and Assistant State's Attorney Michelle Bredefeld, who was assisting Colangelo with the case, said the witness said on Monday he was mistaken about his age.

For two years, the defense questioned whether the youth was 15 or 16 at the time.

In court motions, Frost and senior defense attorney Jacob Zeldes questioned why, in the youth's original statement to police detailing the allegations, the year the incidents occurred was changed from 2004 to 2003. Investigators explained at the time the youth made a mistake when he said the incidents happened in 2004 and, with his permission, they changed the date of the allegations to 2003 -- when the boy was 15.

Zeldes and Frost also charged the investigators in the case, former Norwalk police officers Gary Mecozzi and Phil O'Grady, had it in for Cummings and rushed to judgement by depriving him of a fair and impartial investigation.

In court, Colangelo also said a second witness who told investigators he had sex with Cummings at his Norwalk condominium when he was 15 was "psychologically unable to continue with prosecution."

Colangelo later explained the youth, now 21, was concerned about how the testimony would affect his family.

"Attorney Bredefeld and I spent hours with the victim and his family and his mental well-being is my number one concern," Colangelo said.

Norwalk Police Chief Harry Rilling said he expected Cummings would have received a larger punishment when he was arrested more than two years ago.

"I am extremely, extremely disappointed, because Cummings' actions were so embarrassing to our department," Rilling said. "After speaking with the prosecutor, I understand to a greater degree the reasons behind the plea deal, but I still cannot say that I am pleased.

"I just think that Cummings tarnished his badge so badly and people expected that he would be held to a higher degree of accountability and so I am just extremely disappointed. He is no longer a police officer and I am glad the whole thing is over. I wish it had a different outcome."

Former Norwalk Police Capt. John "Jack" Suchy, who calls Cummings his best friend, was also at Wednesday's court hearing.

"For those who know Tom Cummings, no explanation is necessary. For those who don't know Tom Cummings no explanation would suffice," Suchy said later that afternoon.

In court, Frost said Cummings suffers from post-traumatic stress disorder and that he will continue to see a counselor weekly for substance and alcohol abuse, as well as a sex addiction.

State Department of Corrections spokesperson Brian Garnett said he cannot determine whether Cummings will spend the entire 30 days in jail.

Garnett also said he could not be sure if Cummings, because he is a former police officer, will be placed in protective custody at whatever jail he is going to.