FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Robert J. Henderson, Jr.
Complainant
against Docket #FIC 93-280
Chief of Police, Ansonia Police Department,
Respondent May 11, 1994
The above-captioned matter was heard as a contested case on March 1, 1994, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. This case was consolidated for hearing with Docket #FIC 93-287, Robert J. Henderson, Jr. against Chief of Police, Ansonia Police Department.
After consideration of the entire record, the following facts are found and conclusions of law are reached:
1. The respondent is a public agency within the meaning of 1-18a(a), G.S.
2. By letter of request dated September 21, 1993, the complainant requested access to a specified criminal investigation file relating to a shooting incident occurring in February of 1988 during which he was allegedly fired upon by an unknown assailant.
3. By letter dated September 27, 1993, the respondent informed the complainant that the police department's investigation found the allegations relating to the shooting incident "to be unsubstantiated" and therefore advised him that the requested criminal file was "sealed."
4. The complainant appealed the respondent's denial to the Commission by letter dated October 5, 1993, and filed with the Commission on October 12, 1993.
Docket #FIC 93-280 Page 2
5. The respondent claims the subject records have been erased and sealed pursuant to 54-142a(a), G.S., and therefore disclosure to the complainant is not permitted under 54-142a(e), G.S.
6. Section 54-142a(a), in pertinent part provides that:
[w]henever in any criminal case, on or after October 1, 1969, the accused ... is found not guilty of the charge or the charge is dismissed, all police and court records ... pertaining to such charge shall be erased ....
7. Section 54-142a(e), in relevant part provides that:
... any court or person charged with retention and control of such records ... or any law enforcement agency having information contained in such erased records shall not disclose [the information] to anyone, except the subject of the record ....
8. It is found that the file sought by the complainant has been erased in accordance with the provisions of 54-142a(a), G.S.
9. It is further found that the complainant was allegedly the victim in the criminal case to which the subject file refers, and therefore the complainant is not the subject of the records to whom the file at issue could be disclosed, in accordance with 54-142a(e), G.S.
10. It is concluded that the subject file is exempt from disclosure in accordance with 1-19(a), G.S., by operation of 54-142a(a) and 54-142a(e), G.S.
11. It is therefore concluded that the respondent did not violate the Freedom of Information Act when he declined to disclose the criminal file requested by the complainant.
The following order by the Commission is hereby recommended
on the basis of the record concerning the above-captioned complaint:
1. The complaint is hereby dismissed.
Docket #FIC 93-280 Page 3
Approved by Order of the Freedom of Information Commission at its regular meeting of May 11, 1994.
Elizabeth A. Leifert
Acting Clerk of the Commission
Docket #FIC 93-280 Page 4
PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.
THE PARTIES TO THIS CONTESTED CASE ARE:
Robert J. Henderson, Jr.
c/o Robert J. Cartoceti, Esq.
2 Pomperaug Office Park
Suite 201, P.O. Box 506
Southbury, CT 06488
Chief of Police, Ansonia Police Department
c/o James E. Sheehy, Esq.
303 Wakelee Avenue
Ansonia, CT 06401
Elizabeth A. Leifert
Acting Clerk of the Commission