A Tolland Superior Court judge found a Bridgeport defense lawyer provided ineffective counsel to a client facing robbery, assault, larceny and other charges. The judge then ordered a new trial and vacated the 14-year prison sentence of Lacelles Clue, convicted of a violent home burglary.

In a 10-page ruling after the habeas corpus proceeding, Judge John Newson wrote that attorney Eugene Zingaro of Zingaro & Cretella should have called two alibi witnesses to the stand during Clue's 2011 trial.

"Notwithstanding the great deference generally given to defense counsel with respect to decisions on the theory of defense and which witnesses to call, the court believes it was deficient performance for attorney Zingaro not to have called Kelly Clue (his wife) and Robert Mabowicz as alibi witnesses during the criminal trial, and that that decision prejudiced the petitioner," Newson wrote.

Newson found it "objectively unreasonable" for Zingaro not to have presented testimony from Clue's wife and Mabowicz as alibi witnesses who could have testified that Clue was at his recording studio at the time the crime took place. In a case with only circumstantial evidence against the defendant, the judge found it would have benefited Clue to have witnesses place him at different locations around the time of the offense.

Zingaro declined to comment.

According to Newson's decision, Zingaro testified during the habeas hearings that he decided not to call Clue's wife as a witness at trial "on the generalized theory that a jury would find the petitioner's wife providing him with an alibi as suspect."

With regard to Mabowicz, who owned the recording studio that Clue often visited, Zingaro testified that he had interviewed the potential witness before the criminal trial, but decided against having him testify. Mabowicz disputed this, and said no one associated with Clue's defense contacted him before the criminal trial.

Mark Dupois, spokesman for the Office of Chief State's Attorney, said the office would appeal the ruling.

Clue was sentenced in 2011 to 14 years in prison, and then 10 years of special parole. He remains in prison, pending a new trial.

Daniel Lage, a Shelton-based attorney with Ruane Attorneys at Law, represents Clue. He said the home invasion victim, Dorothy Bogues, was a friend of Clue's family, and his client had no reason to rob the 78-year-old woman of her possessions, including a laptop. The judge's synopsis of the case showed the perpetrator was wielding a knife, and wearing a black mask and black hooded sweatshirt.

The judge, in his decision, pointed to another suspect Ricky Lee, "an individual who had a reputation for being involved in drugs and other criminal activity, and that he possibly had an active criminal case pending against him at the time of the petitioner's arrest." In addition, Newson noted that at the habeas hearing, Mabowicz testified that this suspect had tried to sell Clue a laptop computer after the home invasion. Mabowicz had also testified that Lee "had what appeared to be a stain of blood on his shirt."

Lage said his client ended up with the stolen laptop because Lee had sold it to him. He said Clue was a "mentor and big brother to Lee."

"We believe the laptop that Ricky Lee had was the same laptop stolen from the woman's home," Lage said.

Lage said that Clue's wife would have testified at trial that she was with her husband the evening of the burglary.

The attorney said he plans on visiting Clue in prison within the next week.

"He has a right to invoke his right to a speedy trial," Lage said. "I want to have that conversation with him in person."