Re: 11/2/02 - Hartford Courant: Judge: Don't Open Jovin Investigation Files
Judge: Don't Open Jovin Investigation Files
November 2, 2002
By GARY LIBOW, Courant Staff Writer
NEW BRITAIN -- Citing a procedural flaw, a judge has overturned the state Freedom of Information Commission's order that New Haven police make public their massive investigative file on the 1998 killing of Yale University student Suzanne Jovin.
Superior Court Judge George Levine ruled that the commission's appointment of Dennis O'Connor as the second hearing officer was unlawful because O'Connor had not been present when the panel heard testimony on the merits of releasing the 4,500-page file.
The commission named O'Connor as a hearing officer after declining to adopt a recommendation from the initial hearing officer in the case, and after hearing the testimony.
O'Connor was not in attendance when New Haven Det. Lt. Brian Norwood testified before the commission. Yet O'Connor, after reviewing the hearing transcript and entire Jovin file, concluded that Norwood had not been credible when he testified that the police department never supplied the files to a private investigator retained by Yale.
The judge's ruling also stymies efforts by The Courant and Jeff Mitchell, a friend of the only person named by New Haven police as a suspect, to review the Jovin file. Both the newspaper and Mitchell argued that the file should be made public because New Haven police had several years to investigate the crime and have been unable to apprehend the killer.
The City of New Haven, Police Chief Melvin Wearing and State's Attorney Michael Dearington argued before the commission that disclosure of the file would taint the investigation and hinder chances for an arrest. They also argued that the safety of witnesses named in the files could be jeopardized.
In his ruling, Levine cited a letter by Dearington objecting to the commission's agreement with O'Connor that the bulk of the file be made public because O'Connor had not been present during testimony. He ruled that the rights of Dearing and Wearing had been "prejudiced" by the freedom of information panel.
Levine also ruled that the ability of New Haven police to identify and apprehend a suspect in the Jovin killing, and the ability of Dearington to prosecute such a suspect, would be prejudiced by the disclosure of the investigative file.
Attorney Ralph Elliot, who represents The Courant, said the newspaper will need time to decide how to proceed. He said that options include appealing Levine's decision in appellate court and starting the entire freedom of information complaint process "all over again." New Haven's corporation counsel could not be reached for comment.
ctnow.com is Copyright © 2002 by The Hartford Courant |
