Ex-East Haven cop Michael D’Amato gets 18 months in evidence theft case D’Amato becomes town’s 4th former officer sent to prison this year

Michael D’Amato Michael D’Amato Photo: Journal Register Co. Photo: Journal Register Co. Image 1 of / 1 Caption Close Ex-East Haven cop Michael D’Amato gets 18 months in evidence theft case 1 / 1 Back to Gallery

NEW HAVEN >> Michael D’Amato, the former East Haven detective convicted in February of stealing money from the department’s evidence locker, was sentenced Friday to serve five years in prison, suspended after 18 months.

D’Amato’s sentencing came after his attorney, Tara Knight, argued for a new trial, alleging that one of the jurors may have made biased comments on a Register story detailing the conviction.

Superior Court Judge Brian T. Fischer, however, denied Knight’s request.

D’Amato is appealing his conviction and is free on $100,000 bail.

After Fischer denied Knight’s request for a new trial, she argued against giving D’Amato any jail time, noting that her client is not a threat to commit a similar crime again.

“He has a felony on his record, he has been called a Judas, and his family is in financial ruin,” Knight said. “And I also ask the court not to treat him any differently because he is a police officer.”

D’Amato is the fourth officer from the East Haven Police Department to be sentenced to prison this year.

D’Amato was convicted on Feb. 3 of pilfering approximately $1,328 out of a department evidence locker. He was a youth detective at the time of his December 2011 retirement. The theft occurred in March of that year, but D’Amato was not formally charged until May 2012.

The investigation focused on a five-day time frame beginning the night of March 12, 2011, and ending on March 16.

The evidence was obtained during a March 12, 2011, arrest conducted by former Officer Dennis Spaulding during a traffic stop. Spaulding discovered marijuana in addition to cash during the stop. Spaulding arrested three men and during D’Amato’s trial, another officer, former Sgt. Gary DePalma, testified that Spaulding dutifully followed the procedure for evidence submission.

Records show Spaulding entered seven evidence bags into the logbook as he was processing the March 12 arrest. D’Amato was not working on March 12, a Saturday. He returned to work on March 14, but the evidence was not reported missing until March 17, since the officer in charge of managing the evidence room was out sick for two days prior.

Surveillance video shown to jurors depicts D’Amato on March 14 leaving the evidence room holding what prosecutors argued was an evidence bag. Jurors also heard a recording of a 20-minute interview state police Detective Sgt. William Bundy conducted in July 2011.

The interview features D’Amato acknowledging he is the man depicted in the video.

Knight attempted to poke holes in DePalma’s testimony, pointing out to jurors that Spaulding’s former supervisor testified he never saw the money being physically entered into the evidence lockbox but heard the door close.

Had he admitted to the crime, D’Amato would have received only a misdemeanor conviction carrying no jail time. Instead, he was convicted on two felonies consisting of second-degree larceny and tampering with evidence.

During Friday’s sentencing, Assistant State’s Attorny Kevin Shay stressed to Fischer the fact D’Amato committed a “breach of trust.”

“The last thing in the world I want is for other officers to think they can go and steal evidence and avoid incarceration,” Shay said.

Knight countered that Fischer should consider the degree of “abuse and ridicule from other inmates” when an inmate happens to be a former police officer. She added that D’Amato’s background is “spotless,” as he is a dedicated family man with no prior history of offenses.

“People do make deposits into the bank of life,” Knight said.

Fischer said there is “no doubt in this court’s mind he is a very good husband and father” and added he “will not punish him based on his execution of a right to trial.”

“But for whatever reason, you decided to steal more than $1,300,” Fischer said. “You not only stained the East Haven Police Department but also other officers in the region who work honestly.”

Knight said the bulk of D’Amato’s conviction appeal will center around the possibility a juror posted opinions on the Register website. The poster in question, who goes by the handle “BenThere,” wrote claims such as “if you were in the court room the entire time and saw all the evidence I did, by law you would have to render a guilty verdict.”

Knight also pointed out that “BenThere” faulted D’Amato for never testifying in his defense. Another comment she highlighted referred to the fact “BenThere” knew the occupations of the other jurors.

“This was a jury of his peers, made up of an engineer, truck mechanic, crane operator, line worker, medical personnel, retiree and salesman,” the poster wrote.

At one point, the poster calls out former Officer George Kammerer, the evidence room manager who testified. Kammerer, who commented under his real name, responded by saying, “you must be the crackhead-looking juror.”

In denying Knight’s motion for a new trial, Fischer said the state “has a strong interest in the finality of judgment.”

D’Amato’s appeal could take up to two years, according to Knight.

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