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To: Jeffrey S. Mitchell who wrote (825)	9/28/2000 2:26:55 AM
From: Jeffrey S. Mitchell	Read Replies (2) \| Respond to of 1397

Re: 9/27/00 - Embattled detective may face charges Embattled detective may face charges William Kaempffer, Register Staff September 27, 2000 NEW HAVEN — A probe into alleged misconduct in the police detective bureau is now focused on charges that the department’s former top detective hindered the investigation of a North Haven murder, according to sources. The department’s internal affairs division has submitted a draft of an application for the arrest of Capt. Brian Sullivan, the former chief of detectives. The affidavit, which is not signed, would charge Sullivan with hindering prosecution, tampering with evidence, and making false statements, sources said. The document mirrors a second application submitted by internal affairs for the arrest of Sgt. Edward Kendall, Sullivan’s former second-in-command. The Register previously reported a draft of an application for Kendall’s arrest included one charge of making false statements. Sources have since said he could face additional charges of hindering prosecution and tampering with evidence. The hindering and tampering charges are both felonies. Making a false statement is a misdemeanor. Both warrant applications were submitted to prosecutors, but no arrest warrants have been issued. The two veteran investigators have emerged at the center of a probe into whether New Haven police intentionally withheld evidence from North Haven detectives in a 1996 murder case. The case remains unsolved. Details of the affidavits emerged as a state grand jury nears a conclusion in its own investigation into whether anyone acted criminally in the case. The grand jury proceedings are being conducted behind closed doors in a New Britain courtroom, with witnesses subpoenaed before the judge forbidden to discuss their testimony. Sources said Sullivan and Kendall, who are on paid leave from the department, appeared before the grand jury last week. Attorneys for the officers have called the affidavits transparent attempts to intimidate the pair. Hugh F. Keefe, Sullivan’s attorney, has condemned the affidavits as an "unlawful attempt to influence the grand jury." Whether the affidavits will ever result in arrest warrants remains unclear. For a warrant to be issued, an affidavit must be approved by both a prosecutor and a judge. Before it can be considered, the officer submitting the warrant application must swear to its truth. The affidavits for Sullivan and Kendall are not sworn. Veteran police officers said it is not uncommon for officers in major cases to submit drafts to prosecutors for review before revising the applications and signing them. But critics question why internal affairs submitted the documents while the grand jury is conducting its own investigation. The internal affairs investigation and grand jury probe center around the Nov. 5, 1996 murder of Philip Cusick, 23, of North Haven. Police believe Cusick was shot in New Haven in a soured drug deal and his body later dropped outside his house on Pool Road in North Haven. Because investigatorscouldn’t prove where the shooting occurred, North Haven detectives handled the case. They ran out of leads in mid-1997. But in February 1998, two New Haven detectives got the name of a possible suspect. Detectives Stephen G. Coppola and Edwin Rodriguez taped an interview with someone who claimed to witness the killing and who named the possible shooter. He also picked out his photo. The detectives got the tape transcribed and went to their bosses. New Haven police never informed North Haven about the statement, sources said. The tape is now missing and the transcript languished in Kendall’s desk drawer until this year, when State’s Attorney Michael Dearington launched an investigation into allegations the evidence was withheld. After an initial review, Dearington requested a grand jury to investigate the allegations. Meanwhile, Police Chief Melvin H. Wearing started an internal investigation. During interviews with internal affairs investigators, Sullivan allegedly maintained he instructed Kendall to forward the new information to North Haven. Kendall initially told investigators the same thing and said he forgot to tell North Haven after being sidetracked on other murder investigations. But he later changed his statement, indicating Sullivan never gave that order. Sullivan has said the order to halt the probe came from the Wearing. Wearing has repeatedly denied that. After his name emerged, Wearing removed himself from the investigation. He said he made that move to preserve the integrity of the investigation. Wearing said Tuesday he had no knowledge of the draft affidavits because internal affairs reports directly to City Hall in this case. Corporation Council Thayer Baldwin said Tuesday it would be "inappropriate" to comment at this time. ©New Haven Register 2000 zwire.com