Re: 12/12/00 - AP/Hartford Courant: Murder Investigation Continues Following Grand Jury Probe
Murder Investigation Continues Following Grand Jury Probe
The Associated Press
December 12, 2000
NEW HAVEN, Conn. (AP) A high-ranking city detective was accused Tuesday of violating police department ethics rules in the mishandling of a murder investigation.
Capt. Brian Sullivan was ordered to appear before city police commissioners to answer allegations that he stopped an investigation despite solid leads and misled North Haven police.
Mayor John DeStefano raised the administrative ethics charges Tuesday, the day after a grand juror found probable cause to arrest Sullivan on criminal charges.
The mayor's action was based on the recommendation of the police department's internal affairs office.
Sullivan has not been criminally charged. The chief state's attorney's office must decide if Sullivan will be charged with hindering prosecution and tampering with evidence.
The city police commission voted Tuesday to hold a hearing into the administrative charges on Dec. 27. But lawyers on both sides said the hearing likely will be put off until the criminal case is resolved.
Also on Tuesday, another officer who was involved in case, Sgt. Edward Kendall, abruptly retired. His retirement came a day after the grand juror exonerated Kendall of criminal wrongdoing in the Cusick investigation.
City attorney Ted Baldwin said the mayor also would have recommended administrative charges against Kendall, had he not retired.
Baldwin said the investigation is not over, and more charges against other officers may be sought after he reviews the grand juror's report.
''This will not be the only action taken,'' Baldwin said.
Sullivan and Kendall were senior officers who were the key figures in the investigation of the 1996 killing of Philip Cusick of North Haven. Police believe Cusick was shot in New Haven and his body was dumped in front of his parents' North Haven home.
Two years after the shooting, other officers found a witness to events just after the shooting, but Sullivan told the officers to end their investigation ''per order of the chief,'' the officers told the grand juror.
Chief Melvin Wearing has denied ordering an end to the investigation.
A transcript of the witness' statement was lost in Kendall's desk. North Haven police were not given the transcript, and Sullivan allegedly failed to tell North Haven investigators about the lead.
The administrative ethics charges accuse Sullivan of withholding evidence, neglecting his duty, misleading North Haven police and misusing Wearing's name.
The charges also allege Sullivan tried to intimidate other officers and lied to internal affairs investigators.
Sullivan's lawyer, Hugh Keefe, said he was not surprised by the board's vote, but he said Sullivan would be exonerated. Keefe maintained that Sullivan is a scapegoat for city leaders who are embarrassed over the way the case was handled.
''New Haven needed a victim, and somebody had to stop the bleeding,'' Keefe said.
Kendall's attorney, Joseph Wicklow, could not be reached for comment. A message was left at his office.
Kendall is eligible for retirement benefits after 20 years on the job. He and Sullivan have been suspended with pay pending the outcome of the investigations.
Also on Tuesday, Wearing met with North Haven police to discuss the grand juror's report and share information about the Cusick case. The investigation had been delayed for six months while the grand juror conducted her probe.
North Haven Deputy Police Chief Thomas Habib said police and Cusick's family are more optimistic that the case will be solved, but he said an arrest is not imminent.
''This has been four years in the works now, and I suspect it's still going to be a long investigation because there's a lot of things to follow up,'' Habib said.
Relatives of the victim are considering whether to sue for the emotional distress they suffered while waiting for the killer to be caught.
''The grand jury investigation just came out yesterday, and it's a little early for the family to make a decision at this time. We are evaluating the grand jury investigation and any potential action we might have,'' said the family's lawyer, Dave Vatti.
The witness told police he did not see the shooting, but he said he heard a gunshot and saw a man run away from a shooting scene, yelling, ''I got him.'' The witness was not clear on the date of the shooting or who was shot.
New Haven State's Attorney Michael Dearington, who is investigating Cusick's killing, wants to see if grand jury testimony would aid his investigation.
''I don't know if the grand jury gathered any evidence concerning the homicide, but if it did, I assume and hope we would have access to it,'' Dearington said.
AP-ES-12-12-00 2113EST
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