Paul Slager and Michael Kennedy, of Stamford’s Silver Golub & Teitell, LLP, filed a motion Monday for Eric Von Kohorn’s deposition testimony on May 24 to supplement their opposition to the defendants’ pending motion for summary judgment. Von Kohorn is currently incarcerated in the Robinson Correctional Institution in Enfield, where he is serving time after pleading guilty to illegal possession of child pornography in 2015.
Court documents state Von Kohorn told a staff member he was taking the then 4-year-old preschooler, though fully toilet-trained, into the bathroom alone, which was against the school’s toileting policy.
The defendants claimed in their motion for summary judgment that this statement was inadmissible and should not be considered by the court in its ruling. Slager and Kennedy claim in their motion that taking Von Kohorn’s deposition would provide the court available information required to make a decision about the summary judgment.
“Von Kohorn has relevant and personal knowledge regarding the events at issue in the case, which will assist the parties and the Court in evaluating the matter,” the motion states.
Obtaining this additional information will not cause “prejudice or delay,” the motion states, since the trial is likely to be postponed after defendants informed the court during argument that they recently learned of their excess insurance carrier declaring bankruptcy.
Slager said he had no comment about the motion.
Thomas Gerarde and Krista Winters of Hartford’s Howd & Ludorf, LLC, who represent the town and Board of Education, could not be reached for comment at press time.
The court rescheduled the trial management conference to Oct. 18 and jury selection to Nov. 1.
skim@hearstmediact.com; 203-354-1044; @stephaniehnkim