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To: Jeffrey S. Mitchell who wrote (865)12/16/2000 9:17:50 PM
From: Jeffrey S. Mitchell  Read Replies (1) | Respond to of 1397
 
Re: 12/15/00 - AP/Hartford Courant: New Haven Police Captain Arrested In Mishandling Of Investigation

New Haven Police Captain Arrested In Mishandling Of Investigation
The Associated Press
December 15, 2000

NEW HAVEN, Conn. (AP) Police Capt. Brian Sullivan, who helped solve many crimes in the Elm City, now must try to defend himself against charges of his own.

The state charged Sullivan Friday with hindering prosecution and tampering with evidence in a 1996 murder investigation.

Sullivan turned himself in to state police in Bethany. He is free on a written promise to appear in New Haven Superior Court on Dec. 22.

He also got approval to retire Friday after a 24-year career, with health benefits and an annual pension of $60,599, deputy city comptroller John Cicarella said.

The retirement means Sullivan will not be subject to a disciplinary hearing that was scheduled to begin next week.

A police internal affairs investigation also alleged Sullivan violated police department policies.

The criminal charges are Class D felonies and carry penalties of up to 5 years in prison each.

The charges follow a grand juror report that found probable cause to suspect Sullivan intentionally mishandled the investigation of the killing of Philip Cusick of North Haven.

Sullivan, 46, of Hamden, is accused of ordering a halt to the investigation despite a witness statement that could have led to an arrest. The grand juror also said Sullivan misled North Haven police about leads in the case.

His lawyer, Hugh Keefe, said the arrest was expected.

''He did nothing wrong, and though it sounds trite ... we are looking forward to trial,'' Keefe said.

Chief State's Attorney Jack Bailey said no other arrests are planned. The grand juror report alleged Sullivan acted alone, but she could find no motive.

''The judge filed her report with us, and that's what we were going on,'' Bailey said.

Bailey said he will try to get the judges who authorized the grand jury to allow New Haven prosecutors to see the transcript of the grand jury testimony.

New Haven State's Attorney Michael Dearington said he hopes the transcript will provide clues to help solve Cusick's killing.

Police believe Cusick was shot in New Haven and his body was dumped in front of his parents' North Haven home. Police from both municipalities worked to find the killer.

Two years after the shooting, New Haven officers found a witness to events just after the shooting and a possible suspect, but Sullivan told the officers to end their investigation ''per order of the chief,'' the officers told the grand juror.

Police Chief Melvin Wearing has denied ordering an end to the investigation. He was not commenting on the arrest Friday.

A transcript of the witness' statement was lost in the desk of another officer, Sgt. Edward Kendall.

North Haven police were not given the transcript, and Sullivan allegedly failed to tell North Haven investigators about the lead.

The grand juror exonerated Kendall.

Kendall, 45, also got approval Friday to retire after 21 years on the job with an annual pension of $49,365. He filed retirement papers this week; the city's attorney said Kendall would have faced administrative charges if he had not retired.

Mayor John DeStefano, who recommended the administrative charges against Sullivan, reiterated his support for the police department and his belief in their ability to solve the Cusick killing.

AP-ES-12-15-00 1653EST

Copyright © 2000 Myway Corp.
Portions © 2000 ctnow.com.
All rights reserved.

ctnow.com



To: Jeffrey S. Mitchell who wrote (865)12/23/2000 11:19:17 PM
From: Jeffrey S. Mitchell  Read Replies (1) | Respond to of 1397
 
Re: 12/23/00 - NH Register: Ex-cop faces court in coverup

Ex-cop faces court in coverup
JoAnne Viviano, Register Staff December 23, 2000

NEW HAVEN — Standing in front of a Superior Court judge as a defendant was uncharted territory Friday for former city police Capt. Brian Sullivan.

For years, he worked with state prosecutors to put criminals behind bars. Now, he finds himself pitted against the state, facing his own jail term.

Sullivan, 46, who spent 24 years on the force, was arraigned in the Elm Street courthouse Friday before Judge Joan Alexander on charges he hindered an investigation and tampered with evidence in a 1996 murder case.

At the request of Assistant State’s Attorney John F. Blawie, the case was transferred to the Superior Court on Church Street where more serious matters are handled. Both charges against Sullivan are Class D felonies that each carries a maximum penalty of five years in prison and a $5,000 fine.

Sullivan is accused of failing to give North Haven police details about a possible suspect in the murder of Philip Cusick.

Cusick was shot in New Haven and his body left across from his mother’s North Haven home, authorities said.

Sullivan declined comment, referring questions to his lawyer, Hugh F. Keefe of New Haven.

Keefe said Sullivan maintains his innocence and will take the case to trial unless charges are dismissed before that time which, Keefe maintains, they should be.

Keefe acknowledged the arraignment experience was an awkward one for Sullivan.

"Brian’s a very well known, highly respected and popular police officer," Keefe said. "He’s been in there many times on the other side."

But, he said, Sullivan is a "pro" who "understands the system and what you have to go through before justice is ultimately done."

Sullivan, the former chief of the department’s Investigative Services Unit, turned himself in on the criminal charges on Dec. 15, the same day his retirement, and a $60,600 annual pension, were approved.

In light of his retirement, which was effective Dec. 18, the city dropped ethics charges it had filed against him.

Sullivan’s arrest followed a seven-month grand jury investigation that recommended he be charged. The grand juror, Justice Carmen Elisa Espinosa, could not identify a motive.

Investigators claim Sullivan in 1998 shut down the Cusick investigation "per order of the chief’ shortly after his subordinates said witnesses had identified a suspect in the homicide. Police Chief Melvin Wearing and former Police Chief Nicholas Pastore both testified they did not give such an order.

Following Sullivan’s order, Sgt. Edward Kendall, 46, removed a witness’ statement, and a taped interview, from a police property room and placed it in his unlocked drawer, according to an arrest warrant affidavit.

North Haven police didn’t discover the existence of the statement until last January, despite several meetings with Sullivan about the case.

Kendall has not been charged.

His $49,000 retirement pension was also approved last Friday.

©New Haven Register 2000

zwire.com