Domestic case resolved six years after crime

STAMFORD -- A 39-year-old man caught up in a six-year legal morass involving his former girlfriend and a city police officer, whose career ended as a result of the case, was admitted into a diversionary program Monday that will clear his felony record.

Aaron Cutler, who was arrested in March 2005 and convicted by a jury a year later of unlawful restraint, a felony charge, was granted a petition for a new trial earlier this month when his attorneys argued the former Stamford police officer, Donald Greer, lied while testifying in his first trial. Cutler, who already served four years of probation as a result of the conviction, was admitted into a domestic violence program Monday at state Superior Court in Stamford.

The charges against Cutler are expected to be dismissed in July, his attorney said.

"This has been a long and difficult road for Mr. Cutler, and we're happy it ended in this fashion," said his attorney, Eugene Riccio.

In his petition for a new trial, Riccio argued the new evidence against Greer -- that he was dating the victim of the domestic violence case in which he was testified -- could have produced a different verdict at trial. As a result, Cutler suffered an injustice when convicted, Riccio argued.

Cutler appealed his 2006 conviction, but lost before the state Supreme Court. The appeal focused on his past domestic violence record. Questions about Greer's relationship with the victim in Cutler's case were not raised until the former police officer was arrested in 2009.

Cutler was arrested March 24 during a domestic incident involving his former girlfriend at their shared home in Stamford, according to his petition for new trial. He was charged with first-degree unlawful restraint, a felony, and convicted of the offense during a trial in 2006. Greer, one of the officers responding the domestic call, testified against Cutler, court records show.

On the stand, Greer admitted he and Cutler's former girlfriend began dating shortly after the domestic violence call, but he testified the relationship ended after two months, the petition said.

The testimony was called into question when Greer was arrested in March 2009 during a domestic incident in which Cutler's former girlfriend accused Greer of threatening her. Police also found a gun in the woman's home that Greer gave to her without the proper transfer paperwork. The woman accused Greer of preying on domestic violence victims and emotionally abusing her with violent threats, court records show.

As a result of the allegations against Greer, the Office of the Chief State's Attorney began investigating whether his testimony during the Cutler trial was truthful. The chief state's attorney also charged Greer with illegally transferring a handgun, and Greer resigned from the Stamford Police Department in July 2009.

Defense attorney Christopher Caldwell said Greer is awaiting the resolution of his gun charges this October. In 2009 Greer was admitted to a diversionary court program that will dismiss his weapons charge. He pleaded no contest to the threatening offense.

Cutler's former girlfriend sued Greer and the Stamford Police Department last month.

Riccio said Cutler is most relieved about not having a felony offense on his criminal record.

"He's been walking around with that cloud over him since the trial," Riccio said. "He's no longer a convicted felon."

Staff writer Jeff Morganteen can be reached at jeff.morganteen@scni.com or 203-964-2215.