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Pastimes : Murder Mystery: Who Killed Yale Student Suzanne Jovin? -- Ignore unavailable to you. Want to Upgrade?


To: Jeffrey S. Mitchell who wrote (1030)12/10/2001 1:38:17 AM
From: Jeffrey S. Mitchell  Read Replies (1) | Respond to of 1397
 
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

[picture]
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

zwire.com



To: Jeffrey S. Mitchell who wrote (1030)12/10/2001 1:01:18 PM
From: Jeffrey S. Mitchell  Read Replies (1) | Respond to of 1397
 
Re: 12/8-10/01 - YDN: Comments on "Van de Velde sues New Haven police"

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nhpd fornicated up!!!
Posted at: 12/8/01 11:13:49 PM
Posted by: jeo,esq (as entered by poster)

ATTORNEY UDE; WEAK CASE?...ARE YOU SERIOUS?

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To the disgustingly hypocritical Social justice network and other leftists at yale
Posted at: 12/9/01 1:48:50 AM
Posted by: Don't Want to get beaten Up by Leftists (as entered by poster)

Hey, if leftists on campus are so serious about the rights of the accused, why aren't they complaining about Yale and the NHPD ruining Van de Velde's reputation with their smear campaign following Jovin's murder. Maybe it's because Vande Velde had centrist political views, and he didn't agree with Social Justice Network's extremist political agenda. This shows the hypocrisy of Dwight Hall's SJN. They'll defend leftist anti-war protesters accused of spitting on cops, but they won't help out a centrist professor accused (without evidence) of murder. To SJN people
Your bias is so obvious and nauseating. Everyone outside of your little enclave knows that you are truly loathsome people. And it is obvious to everyone that you care first about yourselves and second about your self-righteous political agenda that makes you feel better about your useless lives.

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Time to investigate the Bin Laden connection?
Posted at: 12/9/01 1:13:52 PM
Posted by: Katharine Weber (as entered by poster)

NOW will there be a proper investigation of the Bin laden connection? She was writing a thesis on Bin Laden. Van de Velde was her advisor. Surely there is the possibility that she was murdered because she had stumbled upon some small piece of seemingly inconsequential information she may not have understood -- but that Van De Velde might have understood had she communicated it to him. Does the NHPD have the capability to investigate this crime?

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Katharine Weber
Posted at: 12/10/01 9:38:09 AM
Posted by: Handsome Dan? (as entered by poster)

Will she ever write anything semi-intelligent in the Daily News or will she at least stop trying to run over Yalies while parking her Saab?

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Handsome Dan
Posted at: 12/10/01 11:34:32 AM
Posted by: Katharine Weber (as entered by poster)

You're out of touch, HD. I don't drive a Saab any more. So you won't see me coming.

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yaledailynews.com



To: Jeffrey S. Mitchell who wrote (1030)12/13/2001 2:04:18 PM
From: Jeffrey S. Mitchell  Read Replies (2) | Respond to of 1397
 
Re: 12/12/01 - YDN: Experts: Van de Velde faces long odds in filing civil rights suit against police
Published Wednesday, December 12, 2001

Experts: Van de Velde faces long odds in filing civil rights suit against police

In his lawsuit against New Haven police, James Van de Velde '82 alleged that the NHPD violated his civil rights under the U.S. Constitution by continuing to label him as a suspect in the murder of Suzanne Jovin '99.

The lawsuit alleges that police violated Van de Velde's right to privacy, his right to be free from unconstitutional seizure, his constitutionally protected liberty and property interests, and his right to equal protection of the laws, all under the Fourth and 14th amendments to the U.S. Constitution.

Legal experts said Van de Velde may have a tough time winning the case.

Columbia Law School professor Vincent Blasi said a "newsworthiness privilege" might justify the NHPD's announcement that Van de Velde was a suspect. Blasi said the public has a right to know how a criminal investigation such as the Jovin case is proceeding.

"Police can announce a suspect if their intent is purely informational," he said.

But while Yale law professor Steven Duke acknowledged the existence of such a privilege afforded to police, he said that it is not by any means absolute. He said if police exercised a reckless disregard for the truth when declaring Van de Velde a suspect, they would not be insulated by the privilege.

"But he will have a hard time proving that the police had no basis for calling him a suspect," Duke said. "When people sue the police, they usually lose."

Quinnipiac Law School professor Martin Margulies said the 1976 U.S. Supreme Court decision in Paul v. Davis may prevent police from being sued for civil rights violations.

In that case, police placed a picture of a man accused of shoplifting on a flyer along with pictures of other "active shoplifters" and distributed the flyer to area businesses. After the shoplifting charges against the man were dismissed, he brought a civil rights lawsuit against the police, alleging that the publication of the flyer violated his constitutional rights.

The court rejected the claim, holding that an individual's interest in his reputation does not imply any constitutional liberty or property interest covered by the due process clause in the 14th Amendment.

"Basically, reputation is not among the interests that the 14th Amendment protects," Margulies said. "If he thinks he has a case, he has to be successful in arguing that police injured more than his status."

--Brian Ginsberg

Copyright © 2001 Yale Daily News. All rights reserved.

yaledailynews.com