In The News

Attorney Erica Barber Appeal Victory

November 24, 2020

Appellate attorney Erica Barber secured a win before the Connecticut Appellate Court. In a unanimous opinion, a three-judge panel affirmed the trial court’s dismissal of a tampering with physical evidence charge. Consistent with Attorney Barber’s argument, the Court concluded “that the state presented insufficient evidence regarding the defendant’s intent” and, therefore, “no reasonable trier of fact could have found the defendant guilty of this charge.” This important decision serves to protect the criminally accused against prosecutorial overreach.

Connecticut’s First Post-COVID Attempt at a Criminal Jury Trial

November 2020

As the Hartford Court reports (here and here), the first criminal jury trial in Connecticut, state or federal, since coronavirus impacted court operations last Spring was scheduled for November 16. Confronted with a postponement due to a failure to empanel a jury, “[d]efense attorney Todd Allen Bussert objected to a delay and renewed his demand for a dismissal for what he claims is a violation of [the defendant]’s speedy trial rights. Bussert argued that U.S. district courts elsewhere in the country have resumed criminal jury trials, implying that Connecticut should be able to as well.”

Todd Bussert Presents on BOP Issues

October 28 & 30, 2020

On October 28, as part of National Association of Criminal Defense Lawyers’ Engage & Exchange series, Todd Bussert, former co-chair of NACDL’s Corrections Committee, conducted a virtual training on federal prison issues. Two days later, Todd presented on similar issues to the Criminal Justice Act panel for the Southern District of Ohio.

Todd Bussert Presents on the First Step Act

September 10, 2020

Todd Bussert, a federal criminal attorney whose practice includes Bureau of Prisons-related representation, presented via Zoom to the 2020 Virtual Sentencing Seminar, a slight change of format for the Annual National Seminar on the Federal Sentencing Guidelines, a continuing legal education program for federal criminal practitioners. The presentation focused on those aspects of the FIRST STEP Act that facilitate federal prisoners’ earlier return to the community, including the elderly/terminally ill home confinement program and earned time credits.

Todd Bussert Presents to the New York Criminal Bar Assocation

August 20, 2020

As part of the NYCBA’s ten-part webinar series, Introduction to Federal Criminal Defense for the State Court Practitioner, Attorney Bussert, along with Joel Sickler, presented on BOP placement and other post-sentencing issues.

Robert M. Frost, Jr. and Todd Bussert Criminal Defense Super Lawyers

June 2020

For the eighth consecutive year, the publishers of Connecticut Magazine have named Bob Frost and Todd Bussert Connecticut Super Lawyers in the field of criminal defense. For information on the selection process, click here.

Todd Bussert on Manafort’s Transfer to Home Confinemnt

May 13, 2020

In mid-May, the federal Bureau of Prisons transferred former Trump campaign manager Paul Manafort from prison to home confinement, after serving approximately one-third of a seven-year sentence. Contacted by CNN, “Todd Bussert, a criminal defense lawyer, said that while some may question what is behind the decision to release Manafort over [Trump personal attorney Michael] Cohen, it is ‘consistent with other circumstances where the BOP has transferred older, infirm prisoners to home confinement, even some who have not completed 50% of their sentences,’” that is, in keeping with the CARES Act.

CNN Interviews Todd Bussert Re: COVID-19’S Impact On Federal Prisons

April 11, 2020

As COVID-19 “swept through the federal prison system” in late March/early April, CNN reached out to Attorney Bussert regarding the timeliness and efficacy of the Bureau of Prisons’ response. “‘They claim that they started doing contingency planning in January. It’s April and they’re now just telling staff to wear gloves and masks and telling staff to provide inmates masks,’ said Todd Bussert, a criminal defense attorney who’s represented a wide variety of federal defendants.”

FROST|BUSSERT Client’s Murder Conviction Overturned

February 27, 2020

Following a two-week trial, in November 2017, Raashon Jackson was convicted of murder. During the course of the trial, Attorney Bussert raised various objections and legal challenges, many of which the Connecticut Supreme Court certified. Thanks to the able assistance of his appellate public defender, Mr. Jackson’s conviction was vacated, and his case sent back to the Superior Court for a new trial.

Attorney Bussert Presents on the FIRST STEP Act

November 21, 2019

Todd Bussert presented to the Pennsylvania Association of Criminal Defense Lawyers’ White Collar Practice Seminar. The panel on which Mr. Bussert spoke concerned implementation of the FIRST STEP Act, with his comments focusing on those provisions impacting federal prisoners.

Robert M. Frost, Jr. and Todd Bussert Criminal Defense Super Lawyers

June 2019

For the seventh year in a row, the publishers of Connecticut Magazine have named Attorneys Robert Frost and Todd Bussert Connecticut Super Lawyers in the field of criminal defense. For information on the selection process, click here.

Attorneys Bussert and Barber Present on Sex Assault Issues

April 24, 2019

Todd Bussert and Erica Barber spoke at a training sponsored by the Connecticut Criminal Defense Lawyers Association. The panel presentation concerned conducting jury selection in cases involving allegations of sexual assault cases during the #MeToo era.

Erica Barber Argues Before the Appellate Court “On the Circuit”

April 16, 2019

As part of its “On the Circuit” program, the Connecticut Appellate Court annually hears arguments before high schools and universities in an effort “to provide the public, especially students, with a better understanding of the appellate process.” This year, the Court heard two cases at Wethersfield High School. As the Hartford Courant reported, “[t]he first case was an appeal from Carlton Bryan, who was sentenced to 80 years in prison after the 2013 murder of Shamira Jenkins in Hartford. Bryan’s attorney, Erica Barber, argued that Bryan’s conviction should be overturned because the prosecution failed to disclose that the officer investigating the case and one of the state’s chief witnesses were subjects of a police internal affairs report. Barber also argued that the court admitted hearsay statements during the trial that unfairly impacted her client.”

Todd Bussert Presents on Federal Prison Issues

September 7, 2018

Todd Bussert, a federal criminal attorney whose practice includes Bureau of Prisons-related representation, spoke at the 27th Annual National Seminar on the Federal Sentencing Guidelines in Orlando, Florida. The seminar is an annual continuing legal education program for federal criminal practitioners. The presentation addressed BOP designation and programming matters, the administrative remedy process, the 500-hour RDAP, and Sex Offender Management Programs (SOMPs).

Robert Frost Named Co-Chair Of CBA’s Federal Practice Section

June 2018

Robert Frost was named Co-Chair of the Federal Practice Section for the 2018-2020 term, along with Kristen Zaehringer from the law firm of Murtha Cullina. The Federal Practice Section aims to disseminate information to Connecticut federal court practitioners to enhance their skills and awareness of legal or procedural developments affecting federal practice and to provide a forum for consultation and dialogue between the federal Bar and Bench on issues of rules and practice, personnel needs, and facilities. The section also reviews and responds to pending legislation affecting federal court practice.

Robert M. Frost, Jr. and Todd Bussert Criminal Defense Super Lawyers

June 2018

For the sixth year in a row, the publishers of Connecticut Magazine have named Attorneys Robert Frost and Todd Bussert Connecticut Super Lawyers in the field of criminal defense. For information on the selection process, click here.

Robert M. Frost, Jr. Appointed to Criminal Justice Act Standing Committee

January 2019

Chief Judge Stefan R. Underhill appointed Robert Frost to the Criminal Justice Act (CJA) Standing Committee for the U.S. District Court for the District of Connecticut. The CJA Standing Committee assists the Federal Defender in reviewing the qualifications of attorneys to serve on the CJA Panel for the District and makes recommendations to the Judges about ways to improve the delivery of legal services to indigent defendants charged with crimes in federal court.

FROST|BUSSERT Client Acquitted of Sexual Assault

May 25, 2018

As reported in the New Haven Register, the Washington Post, the New York Post (here and here) and elsewhere, a jury sitting in New Haven Superior Court acquitted Todd Bussert’s client on charges related to an alleged sexual assault. Faced with an identification by the complainant and DNA evidence, Mr. Bussert was able to establish through non-testimonial evidence that his client was not involved with the 2012 incident. The jury found Mr. Bussert’s client not guilty.

Robert M. Frost, Jr. and Todd Bussert Criminal Defense Super Lawyers

June 2017

For the fifth year in a row, the publishers of Connecticut Magazine have named Attorneys Robert Frost and Todd Bussert Connecticut Super Lawyers in the field of criminal defense. For information on the selection process, click here.

Todd Bussert in Washington Post Re: Michael Flynn

March 31, 2017

Following reports that former National Security Adviser Michael Flynn was seeking immunity before providing information related to ongoing federal investigations, federal criminal defense attorney Todd Bussert spoke with the Washington Post about why someone so situated would desire an immunity deal.

Todd Bussert Speaks at Edward Bennett Williams inn of Court

November 2016

On November 17, Todd Bussert traveled to Washington, D.C. to participate in a panel presentation concerning white-collar offenders in the federal Bureau of Prisons. The presentation was sponsored by the Edward Bennett Williams Inn of the American Inns of Court. Also on the panel was an attorney from the BOP’s Central Office and two former federal prisoners.

The American Inn of Court is an invitation-only professional organization comprised of distinguished judges, lawyers, law professors and law students. Designed to improve the skills, professionalism and ethics of the bench and bar, the Edward Bennett Williams American Inn of Court specializes in white collar criminal prosecution and defense.

Frost | Bussert Client Acquitted of Murder

October 31, 2016

As the New Haven Register reports, a jury sitting in New Haven Superior Court acquitted Todd Bussert’s client on a charge of Murder and the lesser included offense of Manslaughter in the First Degree. The trial, which was covered in the local press (see here, here and here), concerned a fatal stabbing on New Year’s Day 2016. After hearing three days of evidence, the jury found that Mr. Bussert’s client had acted in self-defense.

Todd Bussert Publishes on Federal Prison Issues

Spring 2016

Along with BOP Senior Counsel Alicia Vasquez, Todd Bussert has written an article concerning the Bureau of Prisons’ designation process for the ABA’s Criminal Justice Magazine. Additionally, Todd’s revised chapter on the Bureau of Prisons has been published in the latest edition of the Defending a Federal Criminal Case treatise.

Robert Frost Speaks at Public Defender Training Seminar at University of Connecticut School of Law

March 3, 2016

On March 3, 2016, Robert Frost participated as a speaker at the Connecticut Public Defender Training Seminar entitled ““PROSECUTORIAL IMPROPRIETY AND JURY SELECTION,” held at the University of Connecticut School of Law in Hartford, Connecticut. Bob’s presentation was entitled “Some Observations on Picking a Jury in Connecticut.”

FROST|BUSSERT Client Acquitted of Federal Arson Murder

December 18, 2015

As the New Haven Register reports: “A federal jury acquitted a man charged with setting a house fire that killed a Branford woman in March 2006. Steven Martone, who was arrested and detained since March 2014, walked out of federal court in Hartford a free man Friday, accompanied by his wife, mother, two of his brothers and a sister-in-law. Martone and his family declined to comment after several minutes of tearful hugs in the courtroom. ‘Mr. Martone, from the beginning of this, has maintained his innocence,’ defense attorney Todd Bussert said. ‘His one real wish was to be home with his kids for Christmas. He’s thankful to the jury for that.’” Attorney Bussert was co-counsel in the matter with Attorney Jeremiah Donovan of Old Saybrook.

FROST|BUSSERT Client Acquitted of Manslaughter Charges in Bridgeport

December 4, 2015

Following two weeks of jury selection and four days of evidence, Attorneys Robert Frost and Erica Barber secured a complete acquittal for their client in State v. F. The client had been facing up to 50 years in prison based on manslaughter and gun charges, including Manslaughter with a Firearm. After hearing closing arguments, the six-person Bridgeport jury deliberated for approximately one hour before delivering the not guilty verdict. The client, who had been detained since September 2014, was released immediately.

Connecticut Supreme Court Rules in Favor of FROST|BUSSERT Client; Decision Blocks Banking Department’s Efforts to License And Regulate Attorneys

September 2015

For the past three years, Attorney Robert Frost has represented the law firm of Persels & Associates, LLC in connection with the Connecticut Department of Banking’s efforts to separately license and regulate attorneys who practice in the area of consumer debt negotiation. On September 15, the Connecticut Supreme Court issued an opinion blocking the Banking Department’s efforts, holding that they violate Separation of Powers principles under the Connecticut Constitution. See Persels & Associates, LLC v. Banking Commissioner, No. SC 19359. As discussed on law360.com:

Persels & Associates argued that Connecticut’s debt negotiation rules improperly expanded the banking commission’s powers in a number of ways, such as by giving it the authority to judge attorneys’ integrity and by requiring them to purchase an expensive license in order to perform standard legal services.

The supreme court agreed with those points, as well as Persels & Associates’ position that it has to be considered a law firm even though it focuses primarily on debt-relief.[…]

The court also said that it trusted the state’s Office of Chief Disciplinary Counsel to monitor debt negotiators and mete out punishment if and when it learns of unreasonable fees.

Todd Bussert Cited on Future of Connecticut Death row Inmates

August 2015

On August 25, 2015, the Connecticut Supreme Court declared the death penalty invalid under the state’s constitution. A Connecticut Law Tribune article concerning future considerations for capital felony defendants and prison assignment of those on death row includes a quote from Todd Bussert:

Todd Bussert, of Frost Bussert in New Haven, who was part of the legal team for the other Cheshire defendant, Joshua Komisarjevsky, believes former death row prisoners should be given the opportunity to be part of the general prison population, not in isolation 23 hours a day, unless it is proved necessary in a particular defendants’ situation.

“I can’t speak to all the guys on death row, but I’d say the majority don’t have disciplinary histories so serious as to warrant 23-hour lockdown status,” said Bussert. “There are any number of defendants within the Department of Corrections who received life sentences, not death, and are in the general prison population.

“There has been no public uproar about that for the last 20 years,” continued Bussert. “If they present problems, then the state DOC is more than equipped to intervene and take appropriate measures.”

Bussert said if lawmakers try to dictate to the Department of Correction how inmates should be housed based solely on the nature of their offense, then he expects constitutional challenges to be made.

FROST|BUSSERT Obtains Acquittal in $1M Cocaine Case

December 2014

On December 15, after deliberating for three hours, a Bridgeport jury returned seven not guilty verdicts in a case concerning Attorney Todd Bussert’s client’s alleged involvement in the controlled delivery of what prosecution witnesses established was $1,000,000 of cocaine. As the Connecticut Post target=”_blank” rel=”noopener noreferrer”>reported, Mr. Bussert’s client left the courthouse a free man, surrounded by his family.

Connecticut Supreme Court Decides Pawn Shop Case Involving FROST|BUSSERT Client

September 2014

In July, the Connecticut Law Tribune profiled Attorney Robert Frost relative to his representation of a pawn shop owner involved in a case before the Connecticut Supreme Court. The case presented an issue of first impression, namely how much pawnbrokers can charge for their services. Mr. Frost argued the matter on September 23, 2013. On September 16, 2014, the Court officially released its decision.