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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 (1075)	4/6/2002 5:41:36 PM
From: Jeffrey S. Mitchell	Respond to of 1397

Re: 4/6/02 - NH Register: City appeals Jovin order; Resists release of police files Front Page City appeals Jovin order Resists release of police files William Kaempffer, Register Staff April 06, 2002 The city corporation counsel, acting on behalf of the police chief, filed the appeal Friday in Superior Court, calling the commission's decision to release the files fundamentally flawed, arbitrary and an "abuse of discretion." The appeal comes a week after New Haven State's Attorney Michael Dearington filed similar documents in Superior Court in New Britain. In the legal documents filed by the city, Deputy Corporation Counsel Martin S. Echter delivered a pointed critique of the FOI process in the case, which ended in February with a sweeping order to release much of the file. He contended that the commission "ignored or misconstrued" evidence in the case, violated its own rules and procedures, ignored prior rulings of the commission and exceeded its authority. Further, Echter maintained, the release of the information would risk death or serious bodily injury to witnesses and compromise the police department's ability to find the killer. Both the city and Dearington asked a judge to overturn the FOIC decision and stay any release of documents. Ongoing police investigations routinely are ruled exempt from state sunshine laws. But in January, FOI Commissioner Dennis E. O'Connor issued a scathing preliminary decision that rebuked the police handling of the FOI process. He said city attorneys failed to prove that the release of the records would not be in the public interest, the fundamental litmus test, and criticized police for claiming a blanket exception for the entire case file, including clippings from newspapers covering the investigation. In February, the entire commission adopted his recommended decision. In question are more than 4,400 pages of police documents relating to the case. Dearington has vowed to fight the ruling all the way to the state Supreme Court. Last year, citizen Jeffrey Mitchell and the Hartford Courant filed separate complaints with the FOI commission arguing that the Police Chief Melvin H. Wearing had improperly withheld records. The plaintiffs argued that police had opened their files to Andrew Rosenzweig, a private investigator hired by Yale University, so they couldn't withhold the information from them. A passer-by found Jovin, a Yale senior, near death at East Rock and Edgehill roads the night of Dec. 4, 1998. She had been stabbed 17 times in the back and neck. Mitchell is a friend of the only named suspect, James R. Van de Velde, a former Yale lecturer and Jovin's thesis adviser. Van de Velde denies any wrongdoing and no one has been charged. Van de Velde has sued the police department and demanded his name be removed from the "pool of suspects." Despite the passage of more than three years, police still have a detective assigned to work the case. -------------------------------------------------------------------------------- William Kaempffer can be reached at wkaempffer@nhregister.com , or at 789-5727. ©New Haven Register 2002 newhavenregister.com

To: Jeffrey S. Mitchell who wrote (1075)	4/6/2002 9:57:02 PM
From: Jeffrey S. Mitchell	Read Replies (1) \| Respond to of 1397

Re: 4/4/02 - Hartford Courant: Prosecutor seeks to block release of Jovin police files AP STATE WIRE Prosecutor seeks to block release of Jovin police files April 4, 2002 Associated Press NEW BRITAIN, Conn. -- New Haven state's attorney Michael Dearington is challenging the public release of police files in the killing of a Yale student. Dearington has appeal the state Freedom of Information Commission decision in February ordering the New Haven Police Department to release thousands of documents in the case of Suzanne Jovin. Dearington, in his appeal, said the FOIC ruling "seriously impairs" the police department's ability to investigate the murder and prosecute the case. Dearington, who said the police reports pertain to "an ongoing homicide investigation," filed the appeal in Superior Court at New Britain. Jovin, a Yale senior, was found the night of Dec. 4, 1998, bleeding heavily from multiple stab wounds. The crime remains unsolved. The Hartford Courant and Jeff Mitchell - a high school friend of James Van de Velde, a former Yale instructor who police said was among a "pool of suspects" - filed complaints last year with the commission seeking release of the documents. In his appeal, Dearington said the FOIC ruling exceeds its statutory authority, limits the police department's rights and violates the separation of powers doctrine of the Connecticut Constitution. ctnow.com