Legal battle over Kosta Diamantis’ state pension began without him

The legal battle over whether Connecticut can permanently revoke pension benefits for Konstantinos Diamantis, a former state official who was convicted of soliciting bribes from school construction contractors, kicked off on Thursday in a small courtroom in Hartford.

But as the legal arguments began, the defense table was conspicuously empty.

Diamantis was not present, which is not a surprise given that he fled to Greece before he could be sentenced last month on federal bribery, extortion and conspiracy charges. And there was no attorney in the courtroom to make an appearance on Diamantis’ behalf.

Despite Diamantis’ absence, lawyers from Attorney General William Tong’s office proceeded with their case, which seeks to permanently cease payments of more than $70,000 per year that Diamantis has been collecting since leaving state employment in 2021.

The attorney general’s office asked a state Superior Court judge on Thursday to issue an injunction, which would allow the state to hold Diamantis’ monthly pension payments in escrow until the court rules whether to permanently reduce or revoke those benefits.

But state Superior Court Judge James Graham questioned why it was necessary to place Diamantis’ future pension payments in escrow, given that the Connecticut Comptroller’s office halted the direct deposits on those payments in September.

Graham said the comptroller’s earlier decision to stop wiring money to Diamantis “begged the question” as to why the state was seeking a temporary injunction now.

Assistant Attorney General Eric Babbs told the judge that they were seeking clarity from the court on the issue, and he said Diamantis’ decision to flee the country made this case a unique situation.

Diamantis, who was sentenced to seven years in prison and is now considered a federal fugitive, has filed a lawsuit in federal court challenging Connecticut Comptroller Sean Scanlon’s decision to stop the direct deposits on his monthly pension benefits.

In that case, Diamantis alleged that Scanlon and Tong violated his due process rights by cutting off his pension payments before a judge had the opportunity to review such a request in state court.

On Thursday, Diamantis responded to questions from the Connecticut Mirror by attacking Tong and Scanlon and by, once again, questioning the jury verdict in his federal criminal case.

“Why should my pension be held in escrow. They are owed to me until and unless the court rules I should be denied my future pensions,” Diamantis said via text message, adding that he expected to appeal any ruling that did not go in his favor.

Diamantis also denounced the attorney general’s office for moving forward with its lawsuit in state court without properly notifying him of the proceedings.

“I did not know about the action in court taking place. Zero knowledge of Mr. Tong’s action,” Diamantis said. “All I know is he and/or the comptroller illegally stopped my pension that I earned before any action was filed in court.”

Judge Graham also raised questions in court on Thursday about whether the attorney general’s office did enough to try to serve Diamantis in the case.

Babbs, the assistant attorney general, told the judge that they delivered a court summons to Diamantis’ former residence in Farmington. He also explained that they were unable to serve Diamantis at his current address in Greece because they did not know where he was currently living.

Babbs said the attorney general’s office also contacted Norm Pattis, who has represented Diamantis in federal court, to try to deliver the summons.

Pattis told the CT Mirror, however, that he was not representing Diamantis as part of the Attorney General’s lawsuit in state court.

Judge Graham recognized the difficulty the state attorneys were facing in trying to make contact with someone who is currently an “international fugitive.”

But he instructed the attorney general’s office to work on the issue and to draft a motion arguing why they believe their attempts to contact Diamantis are adequate in this case.