FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on August 10, 2007, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The complainant, who is incarcerated, appeared via teleconference, pursuant to the January 2004 memorandum of understanding between the Commission and the Department of Correction.  See Docket No. CV 03-0826293, Anthony Sinchak v. FOIC et al., Superior Court, J.D. of Hartford at Hartford, Corrected Order dated January 27, 2004 (Sheldon, J.).  A report of Hearing Officer was issued on August 17, 2007.  The Commission considered such report at its regular meeting of October 10, 2007.  At such time, the Commission remanded the matter to the hearing officer to take further testimony.  A remanded hearing was conducted on February 1, 2008, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, an exhibit, and argument on the complaint.   The complainant again appeared via teleconference.  

 

            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 §1-200(1), G.S.

 

            2.   It is found that, by letter dated March 17, 2007, the complainant requested that the respondent provide him with copies of:

 

a.  “any information on traffic violation upon Maria Torres between 2001 and April 2002;”

 

b.  “any receipts of money taken from Anthony Schettino aka Robert Candido from 2001 to April of 2002;”

 

c.  “any records or transfer of money to the F.B.I. that was confiscated from Anthony Schettino, chain of custody records from New Haven Police to F.B.I.;” and

 

d.  “names of all police officers and detectives that took said money and issued traffic violation to Maria Torres, and took money from Anthony Schettino aka Robert Candido from 2001 to April 2002.”

 

3.  By letter dated March 28, 2007, and filed with the Commission on April 2, 2007, the complainant alleged that the respondent violated the Freedom of Information (hereinafter “FOI”) Act by failing to provide him with the records described in paragraph 2, above.   At the February 1, 2008, hearing in this matter, the complainant testified that the only records he is now seeking in this matter are copies of the ticket issued to Maria Torres, and a receipt for the money confiscated from the complainant.  Accordingly, only those records will be addressed herein.  

 

4.  Section 1-210(a), G.S., states in relevant part:

 

Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to…receive a copy of such records in accordance with section 1-212. 

 

5.  Section 1-212, G.S., states in relevant part that “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record…”

 

6.  At the August 10, 2007, hearing in this matter, the complainant testified that the records described in paragraph 2, above, relate to a traffic stop in New Haven in 2001 or 2002 in which he was the passenger in a car driven by Maria Torres.  According to the complainant, as a result of such stop: Ms. Torres was issued a ticket by officers of the New Haven Police Department (hereinafter “the police”); both he and Ms. Torres were searched; the police found approximately twenty-four thousand dollars ($24,000.00) in cash on the person of the complainant; such cash was confiscated by the police; and the police issued a receipt for such cash to the complainant.  The complainant further testified that: some time after 2002, while the complainant was driving a vehicle in Hamden, he was stopped and arrested; that such vehicle, which contained such receipt, was impounded; and that he has been unable to retrieve his copy of such receipt. 

 

            7.  The respondent contends that he does not maintain or keep on file the records at issue herein.   

 

8.  It is found that, upon receiving the request described in paragraph 2, above, the respondent conducted a diligent search for such records.  It is further found that such search involved a thorough review of any and all records in the Records Division, the Property Room, and the Internal Affairs Division, involving Maria Torres, Anthony Schettino, and Robert Candido. 

 

9.  It is found that, as a result of the search described in paragraph 8, above, the respondent found neither the ticket nor the receipt at issue in this matter.       

 

10.  It is also found that, at some point in March of 2007, the complainant filed a separate complaint with the Internal Affairs Division of the New Haven Police Department regarding possible improprieties surrounding the confiscation described in paragraph 6, above.

 

11.  It is found that, by letter dated May 11, 2007, the Internal Affairs investigator assigned to the complaint described in paragraph 10, above, informed the complainant: that during a motor vehicle stop, the police alerted federal law enforcement authorities that the National Crime Information Center database showed pending federal charges against the complainant; that federal authorities arrived at the scene; that the police did not issue a ticket on motor vehicle charges, so that the federal agents could arrest the complainant; and that any seizure of his property was accomplished not by the police but by federal authorities.  By such letter, the investigator strongly suggested that the complainant make any further inquiries regarding the confiscation to the United States Attorney in New Haven. 

 

12.  It is also found that, by letter dated June 14, 2002, the Office of the United States Attorney informed the complainant’s attorney that: in April of 2002, over $20,000 was seized from a vehicle occupied by the complainant and another individual; and that the federal government was considering pursuing federal charges with respect to such money as it relates to cocaine trafficking. 

 

13.  With respect to the ticket, the complainant testified that he witnessed a ticket being given to Maria Torres by a New Haven Police Officer.  The respondent maintains that no ticket was issued to Ms. Torres.  At the February 1, 2008, hearing in this matter, the complainant testified that he had obtained a location for Ms. Torres but had not attempted to contact her to provide evidence in this matter. 

 

14.  With respect to the receipt, the complainant testified that a “plainclothes detective” who arrived in an unmarked car after Ms. Torres had been stopped had given such receipt to him.  However, the complainant could not recall such individual’s name or whether such individual showed him a badge or a card. 

 

15.  Based upon the facts and circumstances of this case, it is found that the respondent did not issue Maria Torres the ticket at issue and did not issue the complainant the receipt at issue.  It is found that the respondent does not keep on file or maintain the records at issue in this matter.   

 

16.  It is concluded that the respondent did not violate the FOI Act, as alleged in the complaint.   

 

            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. 

 

            2.  The complainant is not prohibited from making a written request to the Office of the United States Attorney for a copy of the receipt he seeks. 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of February 27, 2008.

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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:

 

Anthony Schettino, #45680

Enfield Correctional Institution

PO Box 1500

Enfield, CT 06083-1500

           

Chief, Police Department,

City of New Haven

c/o Kathleen Foster, Esq.

Assistant Corporation Counsel

Office of the Corporation Counsel

165 Church Street

New Haven, CT 06510

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2007-201FD/paj/3/4/2008