FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Robert McCloud,

Complainant

against Docket #FIC 87-145

State of Connecticut Board of Parole and the Chairman, State of Connecticut Board of Parole,

Respondents December 15, 1987

The above-captioned matter was heard as a contested case on June 25, 1987, at which time the complainant and the respondent appeared and presented testimony, exhibits and argument on the complaint.

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

1. The respondent is a public agency within the meaning of §1-18a(a), G.S.

2. On May 6, 1987, the complainant requested that the respondent provide him with transcripts of the parole hearings which it held concerning the complainant and his former wife.

3. On May 13, 1987 the complainant filed his appeal with the Freedom of Information Commission alleging he had not received the requested transcripts.

4. The respondent claimed that the transcripts of the hearings were exempt under §§1-19(b)(2) and 1-19(b)(3)(E), G.S.

5. The requested transcripts are records of proceedings of the respondent concerning whether or not to grant parole to the complainant and his former wife, who were codefendants convicted of charges of sexual assault and risk of injury to a minor.

6. It is found that the victims of the crimes committed by the complainant and his former wife were their children.

7. It is found that the respondent failed to prove that the transcripts of the parole hearings were exempt from disclosure under either §§1-19(b)(2) or 1-19(b)(3)(D), G.S.

Docket #FIC 87-145 Page two

8. It is found that the complainant's former wife had received anonymous threatening letters which she believes came from him.

9. It is found that one of the complainant's children is afraid of him, and fears that the complainant will seek him out.

10. Under the circumstances of this case the Commission declines to issue an order which would disclose material which would identify, or help the complainant locate the victims of the complainant's crimes.

11. The Commission further declines to issue an order which would disclose the transcript of the parole hearing of the complainant's former wife.

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

1. The respondent shall disclose to the complainant the transcript of his own parole hearing. However, the respondent shall delete from the requested record all material which would identify, or help the complainant locate the victims of the complainant's crimes.

Approved by order of the Freedom of Information Commission at its special meeting of December 15, 1987.

Catherine H. Lynch

Acting Clerk of the Commission