Re: 11/3/01 - NH Register: Arrest made in case that scarred detectives
Arrest made in case that scarred detectives
William Kaempffer, Register Staff November 03, 2001
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Rivera, Cusick
Friday, nearly five years to the day after a gunman fatally shot North Haven resident Philip Cusick, police arrested the alleged killer, Jose Rivera, 28. A convicted felon and reputed drug dealer, he was arraigned on murder, narcotics and weapons charges.
After bail commissioner Anthony Niglio ticked off Rivera's criminal record, Superior Court Judge Holly Abrey-Whetstone ordered him held in lieu of $2 million bail.
Assistant State's Attorney Elizabeth Bodine said his record included an August conviction for having a weapon at the Bridgeport jail.
He is serving a nine-year sentence in state prison for a fatal crash in which he killed a 13-year-old boy.
Police believe Cusick was killed when Rivera shot into a car during a soured drug deal near Dover Street in New Haven. The driver, an acquaintance of Cusick, sped off and after several hours left the body outside the Cusick's house in North Haven, police said. A neighbor found it at 1:45 a.m. It was Nov. 6, 1996.
The arrest is the latest, but probably not the final, chapter in a tale in which accusations of a police cover-up and mishandled evidence cast a pall over New Haven police headquarters.
A state grand juror found that New Haven Capt. Brian Sullivan withheld key evidence from North Haven investigators and derailed a murder inquiry.
For nearly two years, a 1998 statement from a witness who named Rivera as a suspect sat in a desk drawer at the detective bureau, unbeknownst to North Haven police.
In December 2000, Sullivan was arrested on charges of tampering with evidence and hindering prosecution just hours after he retired from the department. His attorney, Hugh Keefe, has steadfastly maintained Sullivan's innocence and vows to take the case to trial.
Friday, police and prosecutors issued brief statements about Rivera's arrest without directly addressing the checkered history of the case.
Lauding the "cooperative efforts" between the two departments, Police Chief Melvin H. Wearing said the arrest "represents a significant development in the resolution of this matter.
"We sincerely hope that it ultimately leads to both justice and closure for the Cusick family," he said.
North Haven Deputy Police Chief Thomas Habib credited the arrests to the work of New Haven Detective John Bashta and North Haven Detective Ron Hatton.
"Obviously, there's a sense of relief that this case is coming to a conclusion that's going to end up with an arrest and the identification of the person or persons responsible," said Habib, who headed the North Haven detective bureau in 1996.
"It's also a relief to see the cooperation between both police departments," he added.
New Haven State's Attorney Michael Dearington likewise recognized the hard work of detectives both this year and in 1998.
"It's unfortunate that it's taken five years to reach this point," he said.
Authorities never have revealed a motive for Sullivan allegedly withholding the evidence.
The Cusick family has sued Sullivan and four other current and former detectives. Contacted Friday, family members referred questions to their attorney.
"The Cusick family is pleased that an arrest has finally been made and that justice will be served, but in no way does this excuse the misconduct of the New Haven Police Department during the course of the investigation," said Dave Vatti, a Shelton lawyer.
The day had some drama. Police at the courthouse initially feared the worst when reports surfaced that the Department of Correction vehicle carrying Rivera from the Cheshire prison had disappeared en route.
State police scrambled a helicopter.
A short time later, authorities determined the report came from miscommunication and that Rivera had been at the courthouse all along.
©New Haven Register 2001
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