STATEWIDE GRIEVANCE COMMITTEE 

Ansonia/Milford Judicial District Grievance Panel, Complainant vs. James J. LeDonne, Respondent 

Grievance Complaint #02-0518 

DECISION 

Pursuant to Practice Book §2-35, the undersigned, duly-appointed reviewing committee of the Statewide Grievance Committee, conducted hearings at the Superior Court, 1061 Main Street, Bridgeport, Connecticut on August 13, 2003, March 10, 2004 and April 14, 2004.  The hearings addressed the record of the complaint filed on November 22, 2002, and the probable cause determination filed by the Fairfield Judicial District Grievance Panel on February 6, 2003, finding that there existed probable cause that the Respondent violated Rules 8.1(2), 8.4(2) and 8.4(3) of the Rules of Professional Conduct and Practice Book §2-32(a)(1). 

Notice of the August 13, 2003 hearing was mailed to the Complainant and to the Respondent on July 8, 2003.  Notice of the March 10, 2004 hearing was mailed to the Complainant and to the Respondent on January 6, 2004.  Notice of the April 14, 2004 hearing was mailed to the Complainant and to the Respondent on March 12, 2004.  The Complainant, represented by Attorney John Welch, appeared at all three hearings.  The Respondent, represented by Attorney William Gallagher, appeared at the August 13, 2003 and March 10, 2004 hearings.  The Respondent did not appear at the April 14, 2004 hearing.  This reviewing committee heard testimony from Detective John Albanese, Sergeant Christopher McCarthy, Lester Kniffin, Robert Zyskoski, Jeffrey Samoncik and Eric Shadbegian.  Ten exhibits were admitted into evidence. 

Reviewing committee member Attorney Margarita Moore was not available for the hearings.  Both the Complainant and the Respondent waived the participation of Attorney Moore in the decision of this matter.  Accordingly, this case was heard and decided by the undersigned. 

This reviewing committee finds the following facts by clear and convincing evidence: 

On or around August 19, 1997, the Respondent’s mother, Susan Coyle, leased a 1997 Jeep Grand Cherokee for the Respondent’s use.  The lease ran for three years at $398.15 per month and provided that mileage in excess of 45,000 miles would be charged at 15 cents per mile.  The car was delivered with 4836 miles on it.  The vehicle was thereafter used exclusively by the Respondent, who was responsible for the monthly payments and any excess mileage penalties.  The car was insured by the Allstate Insurance Company (hereinafter, “Allstate”). 

The lease was set to expire on August 19, 2000.  On August 18, 2000 at 7:22 a.m., the Respondent reported the Jeep stolen to the Shelton Police Department.  The Respondent informed the investigating officer that he had parked the car in his driveway at 7:30 p.m. on August 18th and heard his dogs barking later that evening, but neither heard nor saw anything else.  The Respondent further indicated that at the time he parked his car on August 18th the doors were locked and he had the keys.  On August 24th, the Respondent spoke with an adjuster from Allstate and stated that all the keys to the Jeep (two original sets and a spare copy) were in his possession. 

On September 10, 2000, one of the Jeep’s bumpers, with its license plate still affixed, was discovered floating in an abandoned rock quarry in Seymour.  Members of the Connecticut State Police dive team thereafter commenced a search of the quarry for the vehicle, which was located and removed on November 17, 2000.  In the interim, the Respondent prepared and executed an “Affidavit of Vehicle Theft” for Allstate on September 22, 2000 in which he stated under oath that there were no keys left in the car and that he was in possession of all keys.  The Respondent made similar statements regarding his possession of the vehicle’s keys to Eric Shadbegian, an investigator for Allstate, on October 11, 13, 19 and 23, 2000.  Despite his assurances that he would turn over all of the vehicle’s keys to Mr. Shadbegian, the Respondent did not turn over any keys.  When the Jeep was removed from the quarry on November 17th a key was discovered in the ignition, which was in the “on” position.  There was no evidence of forced entry into the vehicle.  

The police could not determine the vehicle’s mileage because the odometer was digital and had been ruined by its immersion in water.  The record before us indicates that in September of 1999, the Jeep was inspected following an accident; there were 54,386 miles on the vehicle at that time.  In January of 2000, the Respondent had the vehicle serviced at a Monroe service center in Hamden, Connecticut.  At that time there were 63,694 miles on the Jeep.  The Respondent’s statements regarding the mileage on the Jeep at the time of its disappearance varied.  In the September 22, 2000 Affidavit of Vehicle Theft he indicated that there were “@ 50,000” miles on it.  On September 19, 2000, when speaking with Eric Shadbegian of Allstate, the Respondent indicated that there were between 50,000 and 60,000 miles on the vehicle but that the number was closer to 50,000.  On March 12, 2001, the Respondent was interviewed by Detective John Albanese of the Connecticut State Police Department’s Bureau of Criminal Investigations, Regional Auto Theft Task Force.  The Respondent told Detective Albanese that at the time of its disappearance, the Jeep had between 60,000 and 70,000 miles on it.  

During the March 12th interview, the Respondent also informed Detective Albanese that a former girlfriend had made a set of keys for the vehicle.  Detective Albanese thereafter obtained a statement from the former girlfriend, Christina Luden, who dated the Respondent for approximately three months between December of 1999 and February of 2000.  Ms. Luden denied having a key for the Jeep.  In a subsequent interview with Detective Albanese on May 15, 2001, the Respondent stated that Luden had made a spare key to drive the Jeep to Vermont to join the Respondent and a friend, Jeffrey Samoncik, for a New Year’s eve party on December 31, 1999.  Mr. Samoncik testified that Ms. Luden had driven the Respondent’s car to Vermont.  In a follow-up interview on May 16, 2001 with Detective Albanese, Ms. Luden denied ever making a spare key. 

On or around August 3, 2001, a warrant was issued for the Respondent’s arrest.  The Respondent was charged with falsely reporting the Jeep stolen when he had, in fact, disposed of the vehicle in the Seymour quarry.  The Respondent was thereafter granted accelerated rehabilitation and made restitution to Allstate. 

The Respondent did not answer the grievance complaint.  The final evidentiary hearing in this matter was scheduled for April 14, 2004.  Despite being given written notice of the hearing, the Respondent failed to appear at it. 

This reviewing committee also considered the following: 

Robert Zyskoski, a buyer for Healey Ford of Ansonia Connecticut, testified that in or around August of 2001, he met with the Respondent, who was interested in purchasing a Ford Explorer.  Mr. Zyskoski valued the Respondent’s Jeep at $14,500 and was willing to take $2500 in “equity” off of the list price of a new Explorer. 

This reviewing committee concludes by clear and convincing evidence that the Respondent engaged in ethical misconduct.  We find that the evidence clearly establishes that the Respondent disposed of his leased Jeep into the abandoned Seymour quarry.  We note that the Respondent made several conflicting statements about the mileage on the vehicle and the number and whereabouts of keys to it.  Although the odometer was ruined by the water in the quarry, the evidence was clear that in January of 2000, seven months before the lease expired, the Jeep had 63,694 miles on it.  At the start of the lease, the vehicle was delivered with 4836 miles, meaning that by January of 2000, the Respondent had put 58,858 miles on it at an average of 2030 miles per month.  The Jeep was reported stolen the day before the lease was scheduled to expire.  Among other things, this means that the vehicle was driven for 36 months by the Respondent.  At an average of 2030 miles per month, the Jeep likely had approximately 73,080 miles put on it while driven by the Respondent.  The Respondent was allowed only 45,000 miles before a 15 cent per mile surcharge would be assessed.  The Respondent was over his mileage allotment by approximately 28,080 miles, which would have cost him $4212 in surcharges at the time he was required to return the vehicle.  We conclude that the Respondent purposely disposed of the Jeep in the Seymour quarry to avoid these costs then falsely reported the vehicle as stolen.  We conclude that such conduct clearly violated Rule 8.4(2) and (3) of the Rules of Professional Conduct. 

In reaching our decision, we conclude that while Christina Luden dated the Respondent for approximately three months and drove his car to Vermont in December of 1999, their relationship ended six months before the Respondent’s Jeep disappeared from his driveway. Any suggestion that Ms. Luden stole the Respondent’s Jeep is completely unbelievable.  We also note that while Mr. Zyskoski may have placed a $14,500 value on the Jeep and was willing to use $2500 in equity on a new Explorer in an effort to make a deal, there was no evidence from the Respondent as to the value of the Jeep at the expiration of the lease.  We note that either the Respondent would have had to purchase the vehicle or have Mr. Zyskoski pay for it in order to use it as a trade towards the purchase of a new Explorer.  In any event, this testimony does not rebut the clear evidence that the Respondent would have had to pay significant charges at the termination of the Jeep lease. 

We also conclude that the Respondent’s failure to answer the grievance complaint without good cause violated Rule 8.1(2) of the Rules of Professional Conduct and Practice Book §2-32(a)(1).  

We order that the Respondent be presented to the Superior Court for whatever discipline the Court deems appropriate.  Since a presentment is a de novo hearing, we order that the presentment complaint contain charges that the Respondent failed to appear at the April 14, 2004 hearing before this reviewing committee, in violation of Rules 8.1(2) and 8.4(4) of the Rules of Professional Conduct. 

                                                                      
Attorney Raymond B. Rubens 

                                                   
Mr. Thomas J. McKiernan