Re: 7/14/01 - NH Register: Murdered Man's Kin Sues
MURDERED MAN'S KIN SUES
Family says city police withheld evidence
William Kaempffer, Register Staff July 14, 2001
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Cusick
The family of Philip Cusick, who was shot to death in 1996, is seeking damages from the city, police department and five current and former detectives, claiming their actions caused them emotional distress.
"For nearly four years, (they) have taken comfort in the hope that eventually the killer of Philip Cusick would be brought to justice," the lawsuit says. The suit further says the realization that police withheld evidence of a suspect — and severely compromised any chance of an arrest or conviction — "has been emotionally devastating."
The case remains unsolved, despite a 1998 witness statement that identified a prime suspect in the killing. However, North Haven police, who were investigating the murder, didn't learn of the statement until January 2000. That prompted a grand jury investigation, which determined that a New Haven police captain intentionally withheld the evidence from investigators in the neighboring town.
Among the defendants in the lawsuit is retired police Capt. Brian Sullivan, the former head of the detective bureau. Following a grand jury investigation, state prosecutors charged him with hindering an investigation and tampering with evidence. His case is still pending.
In addition to the city and police department, the suit also names retired Sgt. Edward Kendall, Sgt. Direk Rodgers and detectives Stephen Coppola and Edwin Rodriguez. The state grand jury exonerated them of any wrongdoings.
The suit seeks an undisclosed amount based on claims that police, both intentionally and through negligence, inflicted emotional distress.
Contacted Friday, New Haven Corporation Counsel Thomas W. Ude Jr. said the city was aware of the suit and didn't "think there is much merit to it."
"Generally, there is no claim against a police officer for actions in connection with an investigation," he said. "The police officers' duties are owed to the public, not to individuals. Connecticut law and federal law have been pretty consistent in that regard."
The suit, filed earlier this week in New Haven Superior Court, puts the city in a somewhat awkward position. City officials have condemned the handling of the case.
In December 2000, City Hall moved to fire Sullivan and Kendall. Both subsequently retired. Further, Coppola and Rodriguez themselves have sued top city officials after they received written reprimands for their role in the case, even through they brought concerns about Sullivan's conduct to the state prosecutor's office.
While the city is obligated to provide a defense for the officers, Ude said those potential conflicts of interest could prevent his office from representing them. He said his officer is reviewing the possibility that the city could pay for private counsel.
However, Ude added, if a jury finds the officers acted in a "malicious, wanton and willful" manner, the city could move to recoup those costs and not cover any cash awards by a jury. If that happens, the officers themselves would have to pay.
Bridgeport lawyer Dave Vatti, who represents the Cusicks, said Friday that the lawsuit speaks for itself.
Matthew Cusick, the victim's brother, was out of state and unavailable for comment.
In February 1998, Coppola and Rodriguez interviewed an informant who named a possible suspect in the Cusick murder. Authorities believe Cusick was shot in New Haven and dropped outside his home in North Haven.
The two detectives told Sullivan, who later called a meeting and told them to halt the investigation "per order of the chief." The audiotape of the witness' statement later disappeared and the transcript languished in Kendall's drawer until early 2000.
"I don't think they did anything wrong," Sgt. Louis Cavalier, police union president, said of Rodgers, Coppola and Rodriguez. "I think when this comes to a final closure, the officers' names will be vindicated."
Police Chief Melvin H. Wearing said Friday that the department still is working hard to solve the murder.
"There was a homicide and the two departments — New Haven and North Haven — and the state's attorney's office are working to resolve this matter vigorously."
©New Haven Register 2001
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