The case and facts against Duane Doutel

Duane Doutel is currently represented by: Attorney Rachel M. Baird

Attorney Baird has done a great job of exposing the problems with the case during several court hearings.

Transcripts of the court hearings will be posted soon.

QUESTIONS:

The State of Connecticut and their prosecutor in NORWALK have now heard the voicemail message, sworn testimony of the arresting officer who wrote the police report and the witnesses from Dr. Igal Staw’s office.

Everyone must now ask: Will the State and court now acknowledge the lack of intent and evidence in the case and provide Duane Doutel the JUSTICE he deserves by dismissing the charges against him?

Does the State now understand the background of Dr. and Mrs. Staw and the reasons why Duane Doutel was upset at paying for a pre-operation physical and tests which were not properly sent to or received by his surgeon?

Does the State now realize that the voicemail message is so common and generic that it fails to constitute a physical threat?

Can the State understand that messages of this type are made and left with shoddy businesses on a regular basis?

If Mr. Doutel did not own or carry a firearm, would he have been arrested for making the statement on Dr. Staw’s Voicemail?

Taking into consideration everything they believe and know about Mr. Doutel including but not limited to:

The fact that he “CARRIES AND BRANDISHES A FIRARM TO THE OFFICE FOR MEDICAL APPOINTMENTS”, “SEEMS UNSTABLE” expresses “RADICAL RIGHT-WING” political beliefs, “UNSTABLE IRRITABLE DEMEANOR” and the fact that he “is easily exited and often voices strong opinions on politics”, did anyone in the office inform him that he should NOT bring or carry a firearm to the office?

Is Mr. Doutel the first upset patient to state dissatisfaction verbally or leave a complaint with the office by voicemail?

FACTS:

Duane Doutel and his wife obtained their permits and firearms following the Cheshire home invasion.

As a courtesy Duane Doutel advised Dr. Staw that he carried a firearm and that he possessed a valid permit to do so prior to exposing the firearm in the examination room.

Dr. Staw who is a convicted felon, (FOR INSURANCE FRAUD), testified that Duane Doutel carried his firearm into his office without incident or concern on several occasions prior to his last visit on February 7, 2011.Dr. Staw’s wife Sandy and the receptionist who both work in the medical office testified that they NEVER saw Duane Doutel with a firearm.

Dr. Staw testified under oath that he saw Duane Doutel’s firearm and did so in examination room #2 while Duane was being examined.

Dr. Staw has stated under oath that he never saw any firearm out of the holster and never saw it in Duane Doutel’s hand.

Dr. Staw, his wife Sandy and the office receptionist have testified under oath that his office has no policy or signs prohibiting firearms.

Dr. Staw, his wife Sandy and the office receptionist have testified under oath that at no time prior to February 7, 2011 was Mr. Doutel asked or told not to bring a firearm to the office.

The Norwalk police officer(s) and Dr. Staw’s office staff embellished facts to claim that Mr. Doutel sounded irate in the message left regarding his pre-operations test results .

On the answering machine audio in question Mr. Doutel sounds very knowledgeable and serious, and never mentions or references the ownership, possession or use of a firearm.

Mr. Doutel is alleged to have left the following voicemail:

“He will provide those. I want them forwarded. If I haven’t heard within 48 hrs that the results have not been forwarded to Dr. Altman. I will be walking into the office and it will not be pretty. Do you understand me? I paid for these up front + you will provide them.”

The record is now complete with the fact that officer(s) in the Norwalk Police report conveniently failed to include the fact that Mr. Doutel ended his message of February 15[SUP]th[/SUP] with the words “THANK YOU”.

The evidence referenced in statements made that Mr. Doutel’s physical results were faxed to Mr. Doutel’s surgeon are no longer credible since it has been verified that fax numbers contained on the medical office document examined during a recent court hearing DO NOT match the numbers at the surgeons office.

The office staff providing the statements then go on to state that Mr. Doutel is known to carry a gun into the office during his visits + place it on the table under his hat. He typically alerts the physician that he has a firearm + has a permit to carry it.

The office staff fail to clearly state that only Dr. Staw saw the firearm.

Dr. Staw’s wife and office receptionist go on to state that Mr. Doutel, (in their opinion), has an excitable personality, is extremely opinionated + politically extremely one-sided.

Members of the office staff go on to explain:

This voicemail left me uncomfortable regarding the safety of the entire office staff because he carries a firearm + seems unstable.

In a statement made by a Dr. Staw, he states that Mr. Doutel in the last few visits came into the office with a “REVOLVER” without providing the dates of the last few visits.

Duane Doutel nor his wife Barbara Casey Doutel own a “REVOLVER”.

The Dr. goes on to state:

“This morning I was made aware of the message Mr. Doutel left on our voicemail. Having heard the message and knowing that Mr. Doutel carries a gun, and also knowing that he becomes easily excited, I now feel threatened.”



FROM THE NORWALK POLICE REPORT:

PAGE 2 of 4

I responded to 83 East Avenue, Internal and Respiratory Associates, for a threatening complaint. Janine Roy, the office manager, reported she checked the office voicemail this morning and received a threatening voicemailfrom a former patient, Duane Doutel.

Listen to the audio by clicking on this link:

http://www.ctgunrights.com/07.Video/Complete Doutel Audio from Answering Machine HQ.wmv


Roy stated that Doutel recently stopped seeing Dr. Staw and was angry with one of the results of one of the procedures he conducted. Roy stated she had been advised by other office staff that Doutel carries a gun with him to each visit. Roy stated Doutel often brandishes the firearmand sets it on the counter, and discuss it with Dr. Staw. Roy stated that Doutel is easily excited and often voices strong opinions on politics. Roy stated that Doutel expresses racist ideas and she considers him to be a radical right-wing individual. Roy slated that she fears for her safety based on Doutel’s unstable, irritable demeanor, and his threatening voicemail. In the voicemail Doutel made demands stating if the office did not comply, he will walk into the office and "it will not be pretty"

Sandy Staw works as the Office Manager at Internal Respiratory Associates. Staw was made aware of the voicemail left by Doutel on the office telephone. Staw has knowledge that Doutel carries and brandishes a firearm to the office for medical appointments, and that he seems unstable. Sandy Slaw provided a sworn written statement regarding her receipt of the voicemail. Sandy stated Doutel caused her alarm, and she fears for her safety as well as the safety of the other office workers.

Sandy played the message Doutel left on the office voicemail in this message, Doutel sounds extremely angry and is almost yelling through the phone Doutel is referring to Dr. Igal Slaw and states "he WILL provide those I want them forwarded_ If I haven't heard with in 48 hours that the results have been forwarded to Dr. Altman, I will be walking into the office and it will not be pretty. Do you understand me? I paid for those up front and you will provide them".

Sandy stated Doutel is referring to the results of a blood test for a pre-surgery physical. Sandy stated Doutel is requesting the results be sent to a Dr. Altman in Hamden. Sandy informed Doutel these results had been sent, but. Doutel was not satisfied. Sandy believes Doutel is upset because the results of the pre-surgery physical disqualify him from the surgery.

PAGE 3 of 4

Dr. Igal Staw provided a sworn written statement of his account of the situation. Dr. Staw was advised of, and listened to the voicemail. Dr. Staw stated this voicemail makes him fear for his safety and for the safely of his office workers Dr. Staw stated he has first-handedly seen Doutel in possession of a firearm. Dr. Staw felt this was unusual because even the police officers who are his patients do not bring firearms in to his office.

Doutelhas told Dr. Staw that he sleeps with a gun under his pillow and the police do not have an obligation to protect him. Dr. Staw stated that based on Doutel's unstable demeanor and his unusual display of firearms, he took his voicemail as a serious threat.

Dr . Staw slated he wishes to no longer have Doutel as a patient, and that Doutel has no reason to come to his office or call his office. I advised Dr. Slaw he should send Doutel a certified letter stating this, to make this Idea clear to him. Dr. Staw stated he will advise Doutel if he wishes to obtain medical records, he can do so in writing by certified mail. Dr. Staw stated he would be going to GA 20 to obtain a restraining order to further protect himself from Doutel.

Dr. Staw stated he would like Doutel arrested for his threatening actions. Dr. Staw stated he would drop off a copy of the recorded voicemail at headquarters to add it to evidence, and a copy of the letter he is planning on sending to Doutel asking him not to come to the office.

I contacted Norwalk Police Communications and requested information on Duane Doutel’s pistol permit. I discovered Doutel had several guns at his residence.

I contacted Doutel at his home. Doutel was extremely irate on the telephone. Doutel refused to come to Norwalk Police Headquarters to discuss the matter. I asked Doutel if I could come to his home to discuss the matter, and he agreed. Doutel then became irritated and began yelling at me over the phone. Doutel stated "don't come to my house without a warrant. Don't come here unless you're going to arrest me". I advised Doutel would be coming to his home to arrest him.

Lieutenant Materra. Sergeant Walsh, Officer Curwen, Officer Salley, Officer Fludd, Officer Reda and I responded to 12 Maher Drive 10 take Doutel in to custody. Doute! seemed unstable and was known to carry firearms. Communications contacted Doutel on his phone and ordered him to exit his home and comply with our orders. Officer Fludd and Salley handcuffed and searched Doutel. Doutel led us through the home and gave the locations of his firearms. These firearms were secured for evidence of the threatening charge. A JO--CR-18 Inventory of Property Seized Without A Search Warrant was filed and all items were submitted to the property division.

PAGE 4 of 4

Doutel was arrested for a violation of Connecticut General Statute 53a-62 Threatening in the Second Degree because he threatened to commit a crime of violence in reckless disregard of the risk of causing terror and inconvenience to the employees of Internal and Respiratory Associates.

Sergeant Walsh set his bond at $2,500 and he was issued a court dale of 2/24/11.

I win be contacted Detective Barbara Matsen of Connecticut State Police requesting further review of Doutel's permit to carry a concealed pistol.

Transcripts and court orders

Calling what the state (and Norwalk) have against Doutel a 'case' is being far too generous in my opinion.

Just a couple of small things...

Ed, you're right; I owe Rachel my peace of mind, something absolutely precious to me.

Just a couple of things:

I was NEVER told that the results had been sent; and of course, we know that they were not sent until the afternoon of Feb. 16, the date scheduled for surgery, which was by then too late to get the surgery on the actual schedule for that day. On that date, I was falsely arrested rather than being on my way to having my damaged shoulder on the mend.

Staw also stated under oath that he told me about his conviction as the reason he could not accept insurance; that was a bald-faced lie under oath. I didn't find this out until I Googled him on Feb. 9, to find out if there were any other complaints by other people about him. He and his staff had told me in December that 'there was a little mix-up with the insurance company and they were in court trying to straighten it out." That's a far cry from telling me the truth.

I would also like to state for the record that the NPD pinned a badge of honor, one of the most respected symbols of American Rule of Law, on the chest of a liar; Officer Jared Zwickler. He manufactured "probable cause" based on one thing and one thing only; that I am the lawful owner of firearms. This led to a false arrest and an illegal search and seizure of my and my wife's personal property. I will do my level best to see that this does not go unpunished in a court of law.

Links to recent court hearings

Repost of Link on RachelBairdLaw.us

When I scanned the transcript, page 67 got sucked through with page 66, so didn't end up in the file. Nothing truly important on page 67, but I thought it should be complete, so re-scanned and re-uploaded it. You probably want the one with Ed's highlighting, but here's a new link to the untouched pdf on Attorney Baird's site: Aug. 22 Transcript

Transcript Excerpts from Hearing, Jul 5 & Aug. 22 Indicating Cop Lied

The following excerpts from, first, "Officer" Zwickler's incident report, and followed by excerpts from court transcripts of a hearing held on July 5, 2011 and August 22, 2011, of sworn testimony of the "victims" in this incident show a clear contradiction of Zwickler's incident report.

Here are links to the transcripts as posted on Attorney Baird's website: July 5, 2011 & August 22, 2011.

From Zwickler's incident report, sheet 2, para 2:

Roy stated that Doutel recently stopped seeing Dr. Staw and was angry with one of the results of one of the procedures he conducted. Roy stated she had been advised by other office staff that Doutel carries a gun with him to each visit. Roy stated Doutel often brandishes the firearm and sets it on the counter, and discuss it with Dr.Staw. Roy stated that Doutel's is easily excited and often voices strong opinions on politics. Roy stated that Doutel expresses racist ideas and she considers him to be a radical right-wing individual. Roy stated that she fears for her safety based on Doutel's unstabJe, irritable demeanor, and his threatening voice mail. In the voicemail Doutel made demands stating if the office did not comply, he will walk into the office and "it will not be pretty".

*Note here that no written statement was taken from "Roy" at the time of the incident investigation, or at any other time.


From Zwickler’s “testimony”, 7/27/11, sheet 69, lines 8-19
(Questioner is Attorney Baird)

8 Q And did anybody in the office staff indicate to you
9 that Mr. Doutel brandished his firearm while at the medical
10 office?
11 A Yes.
12 Q And did you ask them in what manner he brandished it?
13 A Yes.
14 Q And what did you learn?
15 A Well, like I just said, they said that when he
16 changes and undresses he takes it out, shows it, puts it
17 down on the counter, puts something over it but makes --
18 they felt that he made a point to make everybody aware that
19 he had it.


From Testimony of Jeanine Roy, Aug 22, 2011, page 46, lines 6 – 27
(Questioner is Attorney Baird)

6 Q Have you -- during the time that you've known Mr.
7 Doutel as a patient there at the office, have you seen him
8 bring a firearm onto the premises?
9 A I have not seen it myself, no.
10 Q Okay. So you've never seen Mr. Doutel with a firearm?
12 A No.
13 Q And do you know whether he ever brought a firearm onto
14 the premises?
15 A Yes. Oh, I've been told that he had it a few times.
16 Q Okay. And without telling me what the person said or
17 didn't say to you, who told you that information?
18 A I -- I don't know.
19 Q Okay. Would it have been Dr. –
20 A It may have been -- it was Dr. Staw. I know at least
21 the one time when the hat was moved, that it was Dr. Staw.
22 Q Okay. Did Sandy Staw ever talk to you about Mr.
23 Doutel bringing a firearm onto the premises?
24 A No.
25 Q Is there a policy at the medical office with regard to
26 bringing firearms onto the premises?
27 A Well, no.

From "Dr." Igal Staw testimony, Aug 22, page 7, lines 19-27
(Questioner is Attorney Baird)

19 Q And what do you remember in detail, if you can tell me
20 everything you remember about seeing that firearm with Mr.
21 Doutel on February 7, 2011?
22 A The firearm was under a hat on a counter in room
23 number two in my office.
24 Q Okay. And how did you come to see the firearm under a
25 hat in room number two of your office?
26 A I don't remember who removed or partially removed the
27 hat, but somehow the hat was removed and I saw it.

*NOTE: Staw himself moved the hat.

Page 8, lines 1-23
1 Q Okay. And when you went into room number two of your
2 office and saw the firearm because the hat on top of it was
3 partially moved, what did you do?
4 A I said it's a firearm.
5 Q Did you talk to Mr. Doutel about the firearm that you
6 saw in room number two?
7 A Yes. He told me that it's a firearm. Its licensed.
8 He's allowed to carry and that's what it is.
9 Q Okay. And did Mr. Doutel pick the firearm up in front
10 of you that day?
11 A Not in front -- I don't remember him picking it up in
12 front of me, no.
13 Q Okay. Did he threaten you with the firearm that day?
14 A No.
--
21 Q And did your office have any policy that prohibited
22 individuals from bringing firearms into your office?
23 A No. We don't expect it.

Page 9, Lines 3-14

3 Q And when you knew that he had the firearm, at least
4 two times prior to February 7, 2011, did you -- did you
5 discuss making a policy at that time that firearms not be
6 brought in your office?
7 A No.
8 Q Did you ever tell Mr. Doutel do not bring a firearm ir
9 this office again?
10 A No.
11 Q Did you, prior to February 7ili or on February 7ili call
12 the police when you saw Mr. Doutel with a firearm in your
13 office?
14 A No.

Lastly, Sandy Staw testimony, Aug 22, 2011, Page 29, lines 19-27
(Questioner is Attorney Baird)

19 Q Has anyone ever spoke to you about Mr. Doutel bringing
20 a firearm into the medical practice?
21 A I know that he has brought it in, yes.
22 Q And how do you know that?
23 A My husband told me.
24 Q Okay. And when -- when did your husband first tell
25 you that Mr. Doutel brought a firearm into the practice?
26 A I don't remember.
27 Q Do you recall Mr. Doutel bringing a firearm into the

Page 30

1 medical office on February 7th , 2011?
2 A I don't, no.
3 Q And is there a person that works in the medical office
4 named Jeanine Roy?
5 A Correct.
6 And what is her capacity in the office?
7 A She's a receptionist.
8 Q Did Ms. Roy ever come to you and talk to you about Mr.
9 Doutel bringing a firearm into the practice?
10 A No.

So to summarize:

• Zwickler attributes a statement from Jeanine Roy that I was known to brandish a firearm, though no statement was taken from her.
• Zwickler testified that I took my pistol out of its' holster, showed it, put it down on the counter, and make a point to make everybody aware that I had it.
• Roy's sworn testimony, and that of the other two "victims" clearly shows that the only person who actually saw the firearm was Staw himself, contradicting both Zwickler's incident report and his sworn testimony.

The only possible conclusion to be drawn here is that "Officer" Zwickler lied bald-facedly to manufacture probable cause to effect a false arrest and an illegal search and seizure.

We now go back to court for a "status update" mid-October, before the same judge who railroaded Walter Reddy; Judge Bruce Hudock.

Mr D Cry like hell

I would take this post and put it into a formal complaint, (it’s strait to the Point) and file it against the Detective with Departmental internal affairs to exhaust all administrative remedies.

I would also file in Rocky Hill the Main Prosecutors office their Financial Crimes Bureau handle's complaints against the PD's , and should ensure a fair investigation based on all the facts in your post, they can't just look past them (Yeah Right), if they do it's more “ammo” (no pun intended) for your future and current legal actions.

The liar Detective is all ready in Court make him feel the heat from IA then the Financial crime Bureau from the prosecutors office, along with other court proceeding, and hopefully future civil legal action against the town & him personally. Get the Department talking about him. Let the rumors fly

Show up at the Police Commission and file complaints there, lobby support and isolate the guy as much as legally possible.

FOIA to “view” not pay .50 per copy, as much stuff as possible, about his cases, Costing extreme unbudgeted resources to be expended, while gaining valuable information.

You already have the paper work done. This action will produce unconventional results, loss of promotion, usually the police commission has input on, other officers talking behind his back, loss of reputation. All you have to do is expose him for the anti gun nut he is showing himself to be.

This liar is a public servant with the privilege of a town or taxpayer funded pension and has grossly, in your situation abused his authority. By persecuting you, over your need for medical attention, Because you needed surgery, this guy is a Psycho & this has to be the tip of the iceberg, for his lying deceitful activities.

If it was me I would email this thread to everyone in the Department, individually so they cant block the email and remove it from the server.

Good Citizen said:

I would take this post and put it into a formal complaint, (it’s strait to the Point) and file it against the Detective with Departmental internal affairs to exhaust all administrative remedies.

I would also file in Rocky Hill the Main Prosecutors office their Financial Crimes Bureau handle's complaints against the PD's , and should ensure a fair investigation based on all the facts in your post, they can't just look past them (Yeah Right), if they do it's more “ammo” (no pun intended) for your future and current legal actions.

The liar Detective is all ready in Court make him feel the heat from IA then the Financial crime Bureau from the prosecutors office, along with other court proceeding, and hopefully future civil legal action against the town & him personally. Get the Department talking about him. Let the rumors fly

Show up at the Police Commission and file complaints there, lobby support and isolate the guy as much as legally possible.

FOIA to “view” not pay .50 per copy, as much stuff as possible, about his cases, Costing extreme unbudgeted resources to be expended, while gaining valuable information.

You already have the paper work done. This action will produce unconventional results, loss of promotion, usually the police commission has input on, other officers talking behind his back, loss of reputation. All you have to do is expose him for the anti gun nut he is showing himself to be.

This liar is a public servant with the privilege of a town or taxpayer funded pension and has grossly, in your situation abused his authority. By persecuting you, over your need for medical attention, Because you needed surgery, this guy is a Psycho & this has to be the tip of the iceberg, for his lying deceitful activities.

If it was me I would email this thread to everyone in the Department, individually so they cant block the email and remove it from the server.

Click to expand...

Good Citizen, these are all excellent suggestions! I'll bring them up with Attorney Baird, as she brought up the IA part many months ago, and it bears looking at again. You're right; "Officer" Zwickler needs to be punished; more specifically, he's got no business wearing a badge. You'll have to pardon me for putting quotes around the word Officer; I simply cannot bring myself to refer to him as a LEO. I've known too many good cops over my lifetime to allow Zwickler to rank this punk among them. Perhaps the most grievous result of his lawless behavior is that he's made sure this citizen will never give a cop the benefit of the doubt again.

Thanks!