A 黑料新闻 Superior Court judge issued a blistering decision in what could have been a routine hearing last month, possibly setting the tone in the criminal cases for the seven people charged with abusing Bridgeport鈥檚 absentee voting system.
On its own, the decision rendered by Judge Tracy Lee Dayton means the charges against Nilsa Heredia, one of the defendants accused of , will not be dropped in return for her completing a diversionary program.
But some of the remarks that Dayton made during the hearing also sent a strong signal about how seriously she and the judicial system view the alleged crimes that took place during Bridgeport鈥檚 2019 and 2023 Democratic mayoral primaries, several attorneys said.
, Heredia鈥檚 attorney, Ken Krayeske, asked the judge to approve his client for the widely used diversionary program known as accelerated rehabilitation. He cited several cases in which 黑料新闻 judges granted similar requests, including instances where public officials were accused of stealing taxpayer money.
But Dayton, who previously served as a federal prosecutor, didn鈥檛 buy that argument, and she insisted that allegations of election fraud and voter manipulation were serious matters, even when compared to cases stemming from the embezzlement of public funds.
鈥淚 have granted AR in very, very serious situations,鈥� Dayton said. 鈥淚 certainly understand my ability and discretion to do so. I find this case to be more serious.鈥�
鈥淚 think taking someone鈥檚 vote is more serious than taking someone鈥檚 money,鈥� she added.
The decision to grant accelerated rehabilitation in 黑料新闻 is made on a case-by-case basis at the discretion of each judge.
But several lawyers who reviewed the transcript from the hearing said Dayton鈥檚 sharply worded response shows that she, and the court system, are not taking the lightly. And they said that could have wider implications as the seven defendants seek to either strike a deal with prosecutors or prepare for trial.
鈥淲hile every case and accused are different, the judge鈥檚 comments suggest that she views the crimes 鈥� the charges and the conduct 鈥� as serious in nature,鈥� said William Bloss, who led a civil lawsuit that .
Christopher Morano, who previously served as 黑料新闻鈥檚 chief state鈥檚 attorney, said the tenor of Dayton鈥檚 remarks is likely to catch the attention of the six other campaign workers, city council members and party officials who have been accused of manipulating the absentee voting process.
鈥淚 think this judge wanted to send a strong message that if you mess with the electoral process, it鈥檚 going to be treated harshly by this court,鈥� Morano said.
A poster child for fraud
Dayton鈥檚 views on the ongoing criminal cases, Morano added, are likely being influenced by Bridgeport鈥檚 , which has made the city a poster child for absentee ballot fraud in the United States.
Bridgeport Mayor Joe Ganim鈥檚 primary victories in 2019 and 2023 were both challenged in court on the grounds that absentee ballot fraud skewed the results. But it was the 2023 election that placed the city in the national spotlight after leaked surveillance footage captured several political operatives into drop boxes.
The lawsuits and public outcry that followed those elections prompted investigations by election enforcement officials and state prosecutors. And it was those investigations that ultimately landed Heredia and the other defendants in Dayton鈥檚 courtroom last month.
State elections enforcement officials continued to clear a backlog of investigations stemming from Bridgeport鈥檚 mayoral elections in 2023 and 2024 last month, and they openly .
Krayeske, Heredia鈥檚 attorney, said he is not entirely surprised that Dayton drew such a hard line in court, given the atmosphere surrounding the criminal cases. But he said the judge鈥檚 decision is still likely to serve as a warning particularly for some of the other defendants who are over the course of several elections.
That list includes city councilman Alfredo Castillo and Bridgeport鈥檚 Democratic vice chairwoman Wanda Geter-Pataky, who are accused of illegally taking possession of voters鈥� absentee ballots during the 2019 and 2023 elections.
鈥淛udge Dayton is deadly serious about absentee ballot fraud,鈥� Krayeske said. 鈥淚鈥檓 glad I鈥檓 not Wanda Geter-Pataky鈥檚 lawyer, or Alfredo Castillo鈥檚 lawyer. My client is the most sympathetic, and I can鈥檛 get AR for her.鈥�
Frank Riccio, Castillo鈥檚 attorney, declined to comment for this story. And John Gulash, Geter-Pataky鈥檚 attorney, said it would be inappropriate for him to weigh in on the judge鈥檚 remarks.
鈥楾hat鈥檚 manipulative鈥�
Krayeske tried to sway Dayton in court by arguing that Heredia, who lives in Bridgeport鈥檚 public housing, was not a ringleader of the alleged absentee ballot schemes that prosecutors investigated in recent years. And he noted that Heredia often volunteers her time in her low-income community.
Krayeske also highlighted a letter of support that was written by Prerna Rao, an attorney who questioned Heredia during a civil lawsuit that challenged the results of Bridgeport鈥檚 2019 Democratic mayoral primary.
Rao explained in her letter that Heredia was one of the more cooperative witnesses she examined under oath in court in 2019.
鈥淢s. Heredia did not design or direct the absentee ballot schemes that have plagued this city鈥檚 Democratic primaries for so many years. She did not hold political power,鈥� Rao wrote in the letter. 鈥淲hile she may very well have violated the law, her subsequent conduct demonstrated a level of integrity wholly foreign to those who directed the activities for which she stands in judgment.鈥�
But those arguments also didn鈥檛 convince Dayton.
鈥淵ou know, she wants to come in here and say how helpful she is to the community,鈥� Dayton said of Heredia. 鈥淭hat鈥檚 manipulative to the community. That鈥檚 not serving the community in which you live. That鈥檚 harming the community in which you live. You鈥檙e robbing somebody of their vote.鈥�
At one point, Dayton also questioned why election-related crimes weren鈥檛 classified as more serious offenses under 黑料新闻 law. Illegally possessing another voter鈥檚 absentee ballot is considered a class D felony, which carries a maximum sentence of up to five years prison and a $5,000 fine.
鈥淚鈥檓 not sure why it is a D felony,鈥� Dayton said, before adding 鈥淚t鈥檚 not up to me. I鈥檓 not part of the legislature.鈥�
Politicians react
Republican leaders in the General Assembly said they were glad to see that Dayton is taking the alleged election crimes in Bridgeport seriously.
鈥淚鈥檓 hopeful that the courts view this the same way I do, and that is that these crimes impact the integrity of our elections,鈥� said House Minority Leader Vincent Candelora, R-North Branford.
In recent years, Candelora and his Republican colleagues have repeatedly advocated for legislation that would create a mandatory minimum sentence of one year in prison for anyone convicted of mishandling absentee ballots. But those proposals the Democratic-led General Assembly.
Without those sentencing requirements, Candelora said, it is even more important for judges who are handling such criminal cases to show clearly that absentee ballot abuse won鈥檛 be let off easily.
鈥淚 don鈥檛 take pleasure in this, but I鈥檓 glad that the judge is viewing this as significant,鈥� Candelora said.
Rep. Matt Blumenthal, the Democratic co-chair of the legislature鈥檚 Government Administration and Elections committee, said he believes the state鈥檚 sentencing guidelines for election-related crimes are sufficient.
鈥淚 think that five years鈥� imprisonment should be significant enough deterrent to prevent future misconduct,鈥� he added.
But he also noted that it is up to the judicial system to impose an appropriate punishment when someone is found guilty of such behavior.
鈥淎s a general matter, deterrence is the most important element of preventing misconduct in our elections, and that requires swift and vigorous investigation and prosecution and punishment if appropriate,鈥� Blumenthal said.
