FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on October 17, 2011, at which times the complainant and respondents appeared 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.).

 

            After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

1.      The respondents are public agencies within the meaning of §1-200(1), G.S.

 

2.      It is found that on December 2, 2010, the complainant requested copies of:

 

                  a. Police reports and warrants relating to the murder of William Brockenberry-Gilchrist and the assault of Kevin Gallman on November 20, 1994;

                  b. Witness statements and tape records relating to the same murder and assault;

                  c. Hand written notes relating to the same murder and assault; and

                  d. Results of any scientific tests relating to the same murder and assault.

 

3.      By letter of complaint filed December 22, 2010, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to provide him with the copies of the records he requested.

 

4.      It is found that the complainant received the majority of the records he requested, except for his arrest warrant, a detective’s sketch of the crime scene, and the results of shell casing tests.

 

5. It is found that the respondents do not maintain the records described in paragraph 4, above.

 

6.  It is therefore concluded that the respondents did not violate the FOI Act.

 

 

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

 

1.      The complaint is dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of December 14, 2011.

 

__________________________

Cynthia A. Cannata

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:

 

Larry McCown #238820

MacDougall-Walker Correctional Institution

1153 East Street South

Suffield, CT  06080

 

Frank Limon, Chief, Police Department, City of New Haven; and

Police Department, City of New Haven

c/o Kathleen Foster, Esq.

Office of the Corporation Counsel

165 Church Street

New Haven, CT  06510

 

 

 

 

 

____________________________

Cynthia A. Cannata

Acting Clerk of the Commission

 

 

 

 

 

FIC/2010-789/FD/cac/12/16/2011