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Judge finds probable cause in Mallove case
By Greg Smith
Norwich Bulletin
Thursday, June 24, 2010
New London, Conn. — A superior court judge in New London ruled that there is enough evidence to move forward in the case against Chad Schaffer in the May 14, 2004 beating death of scientist Eugene Mallove.
The probable cause hearing for Chad Schaffer, 32, of Norwich, finished today with testimony from lead investigator Norwich Police Det. James Curtis. Judge Susan B. Handy made her ruling based on previous testimony and what prosecutors say is a written confession by Schaffer. The burden of proof in a probable cause hearing is lower compared to an actual trial.
Curtis this morning described the process of placing several witnesses into protective custody and taking a statement from Schaffer. In his statement released to police today Schaffer admits being at the scene of the beating but lays most of the blame on his cousin Mozzelle Brown.
The case against Schaffer seemed to rely heavily on statements gathered from police rather then physical evidence. No physical evidence linking Schaffer to the crime was presented at the hearing.
Curtis said the state forensic laboratory is conducting tests to try and match an unidentified DNA profile found at the scene. He said tests are also ongoing to match the imprint of a clothing pattern found on Mallove’s bloodied shirt.
Candace Foster, 30, Schaffer’s former girlfriend and mother to his children, previously testified Schaffer, on the night of the murder, arrived home with blood on his clothing.
She drove with Schaffer and Mozzelle Brown to Mallove’s 119 Salem Turnpike, Norwich home to make Mallove’s beating prior that night look like a robbery. Schaffer and Foster are former tenants of Mallove’s rental property.
Mallove, who had driven from his home in New Hampshire to clean out the house, lay in the driveway bleeding and begging for mercy when they arrived, Foster testified.
Foster, who is charged as an accessory to the murder, said “they stomped him in the face and suffocated him,” in describing the night Mallove died.
“They proceeded to hit him in the face ... so he would be unrecognizable.”
Foster testified that she and Schaffer, along with Schaffer’s parents, were previously evicted from the home. On the night of the murder, state prosecutor Paul Narducci said evidence shows Schaffer's mother called Schaffer because someone had seen Mallove throwing their belongings into a Dumpster in the driveway. Police believe Schaffer and Brown, who has not been charged but is federal custody on unrelated charges, confronted and beat Mallove.
Defense attorney Bruce McIntyre questioned Foster’s truthfulness considering she had lied on numerous occasions to police. He also said Schaffer’s statements “are not reliable,” since they were gained on false assurances that Schaffer would be able to see his children.
The two men initially charged in the murder and later exonerated, Joseph Reilly and Gary McAvoy, watched and commented from the courtroom.
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