FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Fran Gilpin and the Waterbury Republican-American,

 

Complainants

 

against Docket #FIC 86-342

 

Statewide Organized Crime Investigative Task Force of the Department of Public Safety, Division of State Police and State Police Records Division, Department of Public Safety, Division of State Police,

 

Respondents March 11, 1987

 

The above-captioned matter was heard as a contested case on January 20, 1987, at which time the complainants and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

 

After consideration of the entire record, the following facts are found:

 

1. The respondents are public agencies within the meaning of 1-18a(a), G.S.

 

2. By letter dated November 14, 1986 the complainants requested of the respondent Connecticut State Police Organized Crime Unit copies of all non-exempt applications, affidavits and returns for search-and-seizure and electronic surveillance warrants used in illegal gambling investigations conducted for the past 10 years that have resulted in criminal charges being filed in the judicial district of Waterbury.

 

3. By letter dated November 25, 1986 the complainants requested of the respondent Connecticut State Police Records Division copies of records for John P. Henao, Robert Appicello, William J. Gilbert and William McNellis concerning the Waterbury gambling investigation.

 

Docket #FIC 86-342 Page 2

 

4. On or about December 9, 1986 the complainants were contacted by the respondent State Police Records Division and informed that copies of the "non-exempt" records could be picked up by the complainants in Meriden.

 

5. From a denial of access to all of the requested records, the complainants appealed to the Commission by complaint filed on December 16, 1986.

 

6. At the hearing before the Commission, the complainants explained that they are interested in obtaining the search-and-seizure affidavit, the arrest warrant affidavit and the investigator report used to compile the information contained in both affidavits concerning the Waterbury gambling investigation, for the following individuals:

 

Francis Phelan, Clarence Soucy, Theodore Valentino, Edmund Collins, Leon Vaccarelli, James Ciarleglio, Thomas W. Speers, William George, Scot Reckert, Roger Lebel, John Albani, John D'Agostino, Stephen J. Lacman, Thomas A. DeLeo, Nelson F. Parlato, Joseph Guerrera, John Rinaldi Frederick M. Sarro, Jr., Frederick Sarro, Vito A. Corba, Michael F. Liquindoli, Romeo J. Delfino, Vito Corbo, Anthony DeSomma, Gary Gualducci, Wayne Hawkins, Peter Morcey, Jr., Anthony Tecukonis, Carl Santagatti, Joseph Saveriano, Jr., Charles Summa, Stephen Valerio, Robert Formica, Norbert Johnson, Thomas Santalucia, Louis Sasso, John P. Henao, Robert Appicello, William J. Gilbert, William McNellis

 

7. It is found that the complainants have been provided copies of the requested information for Steven J. Lacman, Thomas A. DeLeo and John D'Agostino.

 

8. The respondents claim, however, that the requested information concerning the others named at paragraph 6, above, is exempt from disclosure pursuant to 54-41a, et seq., G.S.

 

9. Specifically, 54-41p(d), G.S., which states in relevant part:

 

Any investigative officer who discloses the contents of any intercepted wire communication or evidence derived therefrom (1) to any person not authorized to receive such information or (2) in a manner otherwise than authorized by the provisions of this chapter shall be guilty of a class D felony.

 

Docket #FIC 86-342 Page 3

 

10. It is found that the documents identified at paragraph 6, above, were generated as a result of intercepted communications or evidence derived therefrom.

 

11. It is concluded that the requested documents are exempt from mandatory disclosure under 1-19(a), G.S., by operation of the non-disclosure provisions of 54-41p(d), G.S.

 

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.

 

Approved by order of the Freedom of Information Commission at its regular meeting of March 11, 1987.

Catherine I. Hostetter

Acting Clerk of the Commission