Re: 5/27/00 - 'Forgetful' cop changes story, says superiors never told him to turn over key evidence
'Forgetful' cop changes story, says superiors never told him to turn over key evidence
By William Kaempffer, Register Staff May 27, 2000
NEW HAVEN ? In an unexpected reversal, a police sergeant has changed his statement to internal affairs investigators and now maintains he was never instructed to forward potentially key evidence in a 1996 murder case to North Haven investigators, sources said.
Sgt. Edward Kendall, head of the department?s forensics unit, originally told investigators he forgot to pass on evidence that named a suspect in the murder of Philip S. Cusick after getting involved in other murder cases.
But in a meeting with internal investigators Thursday, Kendall said he didn?t give the evidence to North Haven because Capt. Brian Sullivan ordered the investigation halted, "per the chief," according to sources close to the case. He said Sullivan never directed him to hand over evidence that named a potential suspect, sources said.
Kendall said he interpreted Sullivan?s instructions to mean he should take no further action, sources said.
At the time, Kendall was second in command of the detective bureau, under Sullivan.
Kendall?s new statement is contrary to statements by Sullivan. Sullivan told investigators he and Chief Melvin H. Wearing decided in early 1998 to halt the department?s role in the murder investigation, turn over evidence and assist North Haven if they were needed in the future, sources said.
Wearing said Friday he couldn?t comment on Kendall?s statement but indicated that throughout the investigation his position had been to turn the evidence over to North Haven and assist their investigators.
Sullivan could not be reached for comment.
The apparent contradictory testimony could be a major development in the police department?s probe into allegations that high-ranking police officials withheld potentially critical evidence from North Haven police.
The revelation comes as a grand jury continues to investigate possible criminal misconduct by police in the case.
The grand jury, which is hearing evidence in New Britain, is examining whether police here intentionally withheld the evidence.
The New Haven police department?s own internal probe into the allegations is running parallel to the grand jury investigation.
Mayor John DeStefano Jr. said Friday he and members of the Board of Police Commissioners were watching the case closely both at the internal and grand jury levels.
"I am aware that Sgt. Kendall met with IA (Thursday) for a second time," DeStefano said. "Right now, it would appear that there are some contradictory statements."
But he said he could not comment on the statements because he didn?t know the precise details.
DeStefano indicated he asked Wearing to keep several police commissioners apprised of progress in the internal probe.
And if the inquiry uncovers wrongdoing, he said the city will take action.
Last month, New Haven detectives Stephen Coppola and Edwin Rodriguez told internal affairs investigators Sullivan had given them the OK to interview a potential witness in the Cusick slaying in 1998.
After they obtained the name of a potential killer, however, Sullivan met with Kendall, the two detectives and Sgt. Direk Rodgers in February 1998. All told internal investigators Sullivan told them to end the investigation "per the chief," sources said.
On May 10, Kendall told internal investigators Sullivan instructed him to turn the evidence, a transcript of the witness statement, over to North Haven detectives investigating the murder. Kendall told investigators he intended to do so but got involved investigating several local murders and then went off work with a back injury.
But Thursday, Kendall said that wasn?t right and indicated Sullivan never instructed him to turn the information over, sources said.
Kendall?s attorney, Joseph M. Wicklow III, said he could not comment on his client?s statement but assailed the internal affairs unit for denying him access. Investigators did not permit Wicklow to sit in on the statement.
"It was appalling," said Wicklow, a retired member of the department. "When they start conducting the investigations in secret, you start to wonder, ?Is this a search for the truth??
"Ed Kendall is one hell of a good cop. . . . He?s an honest cop."
Sgt. Louis G. Cavalier, union president, declined comment on Kendall?s statement but said the union would file a grievance over Wicklow?s exclusion.
Cusick?s body was found outside his parent?s North Haven house early on Nov. 6, 1996.
North Haven police believe he and an acquaintance, William Clark, had been in New Haven nightspots the night before and had attempted to buy drugs. The deal soured and a gunman fired into the vehicle, mortally wounding Cusick, 23.
Clark didn?t take Cusick to the hospital, however. Clark later dumped Cusick?s body outside his parent?s Pool Road home, where a neighbor found him at 1:45 a.m.
The North Haven investigation had netted no arrests when two New Haven detectives grabbed a potential witness out of a Dunkin? Donuts shop on Ferry Street in Fair Haven. Rodriguez and Coppola questioned the witness at police headquarters in February 1998, and the man named a possible suspect and picked him out of a photo array.
North Haven police, however, were never notified of the development, sources said.
State?s Attorney Michael Dearington began an investigation in March after New Haven Police Officer Keith Wortz brought allegations that members of the detective bureau withheld evidence.
When the investigation stalled, Dearington applied for an investigative grand jury. He then transferred the case to the chief state?s attorney?s office.
In April, Judge Carmen Elisa Espinosa was appointed to act as the one-person grand jury and is hearing testimony behind closed doors in her New Britain courtroom.
¸New Haven Register 2000
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