To: Jeffrey S. Mitchell who wrote (1057 ) 2/11/2002 2:09:22 PM From: Jeffrey S. Mitchell Read Replies (1) | Respond to of 1397 Re: 2/11/02 - Affidavit of Ellen Jovin FREEDOM OF INFORMATION COMMISSION JEFFREY MITCHELL VS. CHIEF, POLICE DEPT., ET AL. #FIC 2001-131 February 11, 2002 CONSENTED TO MOTION TO INTERVENE Ellen Jovin moves to intervene in the above case. The complainant has been consulted and consents to this motion. Suzanne Jovin was Ellen Jovin's sister. Ellen Jovin has a vital and deep interest in the outcome of these proceedings. Disclosure of the records sought to be disclosed will prejudice the criminal investigation into Suzanne's murder. The success of that investigation is of paramount, overwhelming importance to the intervenor and her family. Moreover, the intervenor and her family, as well as friends of Suzanne and others, have freely disclosed confidential and personal information to the authorities without limit, based on two premises: first, that the information was necessary to the investigation and second, that it would be kept confidential and disclosed only as necessary to the investigation or in connection with a criminal prosecution for Suzanne's murder. The intervenor has good cause for not having made this application sooner. She has not sought any official status in connection with the investigation of this case and has wished to participate only as needed to assist the authorities. Any connection with this investigation and legal proceedings is painful and unwelcome. She seeks intervention now only because she has become deeply concerned that the Commission may act without fully considering the implications of its decision on the investigation into Suzanne Jovin's murder and on Suzanne's family and friends who have cooperated with the investigation based on their understanding that the State of Connecticut was committed to solving this crime and would not allow disclosures that might harm the investigation. In connection with this application. the intervenor submits the attached affidavit. INTERVENOR ELLEN JOVIN By [signature] David N. Rosen 400 Orange Street New Haven, Connecticut 06511 (203) 787-3513 Juris No.: 51235 ===== AFFIDAVIT OF ELLEN JOVIN ELLEN JOVIN, being first duly sworn, deposes and says: 1. Suzanne Jovin was my sister. 2. Since Suzanne's murder in New Haven on Dec. 4, 1998, I, my family, her friends and many other people have consistently and repeatedly shared with police any information that could conceivably help to find her killer. We have shared this information without regard to its private or personal nature, based on our understanding, and the repeated reassurance of the police and prosecuting authorities, that this information would be kept confidential and used for only one purpose: to aid the police investigation and help find Suzanne's killer. 3. I am deeply concerned by Commissioner Dennis O'Connor's Jan. 23 recommendation to open police files pertaining to Suzanne's murder. I believe the recommendation was ill-informed and is potentially devastating to the future of the investigation into her death. 4. It is incomprehensible to me that the many discussions my family and I have had with the police, presumed confidential at the time, and pursuing the larger goal of solving Suzanne' s murder, could be released to the public even as the investigation continues. And I know that the police have collected additional confidential information from many other individuals. 5. Throughout the past three years I have worked closely and communicated regularly with the New Haven Police Department and the State's Attorney's Office. It is clear to me that they are actively pursuing a resolution to this case. As always, my goal is to find whatever justice remains for Suzanne. I know the police and prosecuting authorities share this goal. 6. I believe this same goal was reflected in Hearing Officer Barbara Housen's original recommendation last August--based on a careful review of case materials and the status of the case--to keep the files closed. The information contained in the investigators' files is very sensitive and highly confidential. I know this because my family and I have provided much of it and have been told about other information in order to provide a context for information we have been asked to supply. 7. Releasing the investigators' files in the middle of an active investigation would dramatically reduce any hope that this crime will ever be solved, it will cause harm to of even endanger people who have tried to help, and it will surely diminish the chances that some of these witnesses will be willing to assist again in the future. 8. Do the curiosity of a newspaper and an individual who is pursuing his own amateur "investigation" through an online investors' website outweigh the demands of justice in Connecticut? I fear the consequences of sharing confidential information meant for the eyes of professionals with people whose motives are ambiguous and who are ill equipped to navigate the sensitivities of an ongoing murder investigation. 9. This investigation must have the protection of confidentiality. It was in your state that Suzanne's life came to a violent end, and it is your state's responsibility, now that nothing can ever bring her back, to ensure the continuing confidentiality on which the success of this investigation ultimately depends. Dated at New York, New York. February 8, 2002. [signature] Ellen Jovin Subscribed and sworn before me this 8th day of February 2002. [signature] DORIAN YEAGER Notary Public, State of New York No. 01YE6043543 Qualified in New York County Commission Expires June 19, 2002 ===== Note: This document was scanned and converted to text and should therefore not be used as a substitute for an official copy.