Category Archives: Law Enforcement

So What Exactly is John Rowland Accused of Doing?

by Categorized: Law Enforcement, Legal Affairs, Politics Date:

I got an email the other day from a former political press aide from another state, expressing befuddlement over exactly what laws former Gov. John Rowland is accused of breaking in his dealings with former Congressional candidate Lisa Wilson-Foley.

“I still don’t get what Rowland’s crimes were,” the former aide wrote. “Is the crime some type of illegal campaign assistance? Is it a lack of proper income reporting on the part of Rowland? Is it some type of non-transparency of the assistance given that violates some law?”

Good questions. Federal criminal law can be complicated, so here’s a primer on the government’s legal theory and the specific accusations lodged in Rowland’s indictment.

There are seven counts in the indictment, but they all flow from the requirement that candidates forRowland_Court federal office must accurately report where campaign money is coming from, and where it’s going. And if the general factual allegations are true – that Rowland performed paid work for Wilson-Foley’s campaign but was paid with funds secretly provided through a third party, and that neither the money in nor the money out was reported on campaign-finance forms – then that would appear to be a violation of the reporting requirements. In brief: the government alleges that money controlled by Lisa Wilson-Foley or her husband Brian Foley essentially was given to the campaign and then passed on to Rowland, and neither of those transactions was listed on the forms.

So it’s evident why Wilson-Foley, the candidate, would be in trouble in a situation like that, and she has in fact already pleaded guilty. But does her illegal activity attach to Rowland?The government says it does, and in Rowland’s indictment, there are both direct and indirect allegations.

Within the seven criminal counts, there are four different allegations:

1. Conspiracy. The government alleges that Rowland was the one who proposed the arrangement with Wilson-Foley (and did so specifically to avoid the mandatory public reporting of campaign spending information), and then participated in developing the details of the sham arrangement. So this is a typical conspiracy charge: Rowland wasn’t required to file a campaign-finance report and didn’t file a false campaign-finance report, but is accused of conspiring to violate the reporting laws.

2. Falsification of Records in a Federal Investigation. Rowland is charged with two counts of falsifying records, based on two allegedly sham consulting contracts (one for Wilson-Foley and a proposal two years earlier involving another Congressional candidate, Mark Greenberg). The government’s theory is that those contracts were drafted “in order to conceal from the [Federal Election Commission] and the United States Department of Justice” that the payments were actually for campaign work, and were made “with the intent to impede, obstruct, and influence the investigation and proper administration” of federal campaign-finance laws. That, they say, makes the creation and execution of those contracts illegal under federal law – and, therefore, a criminal act by Rowland – even if no “federal investigation” was underway when they were drafted (and, in the case of the Foley contract, even if the bulk of the document was created not by Rowland, but by a lawyer working for Brian Foley’s company).

3. Causing False Statements (two counts). These counts relate to two separate campaign-finance filings in which Wilson-Foley did not record payments to Rowland. So why is that Rowland’s legal problem? Under the government’s theory, it’s part and parcel of the conspiracy. By proposing and participating in the scheme, they say he’s criminally liable for “causing” the inaccurate FEC filings to be made, even if someone else was responsible for preparing and filing those reports.

4. Illegal Campaign Contributions (two counts). As above, these are decidedly indirect charges, based on the legal theory that the funds used to pay Rowland were, as a matter of law, funds donated by the Foleys to the campaign. Since those donations weren’t reported, the government considers them illegal campaign contributions. And since the government accuses Rowland of proposing and participating in a conspiracy by which money would be provided for the campaign’s use in such a way that it wouldn’t be reported, they say that makes him legally liable for the allegedly illegal donations. So the government isn’t claiming Rowland made or accepted illegal contributions, but rather that he’s criminally liable for allegedly illegal contributions made by the Foleys, based on his involvement in the alleged conspiracy.

Rowland’s attorney, Reid Weingarten, has proclaimed that his client will be “fully vindicated.” Federal officials, meanwhile, appear to be betting on significant jail time for a public official who has seen prison bars before. Absent a plea bargain – and a trial seems likely at this point – it will be up to a jury to declare which side has the law on their side.

A Sunshine Week Question: Why Are Evaluations of Public University Professors Kept Secret?

by Categorized: Education, Employment, Government, Law Enforcement, Media, Public Safety, Transparency/FOI, UConn Date:

I began teaching a journalism class at Central Connecticut State University this semester, with the taxpayers and students’ families picking up the tab for my modest salary. At some point, I imagine the school will evaluate my performance, and when that happens, it will be the official policy of the state legislature that it’s none of the taxpayers’ business whether I’m doing a great job or a crummy job.

If you teach in a public school in Connecticut, from Kindergarten to a Ph.D. program, state law deems that records of your “performance and evaluation” are off-limits to the public that pays your salary. I was given a stark reminder of that today, just as transparency advocates are wrapping up “Sunshine Week,” a national campaign highlighting the importance of open government.

Today happened to be the day I was provided with a large number of documents I had requested from the University of Connecticut, which included the draft of a review of Robert Miller, the former UConn music professor now under the microscope for allegations of sexual misconduct that spanned decades.

The evaluation runs 28 pages – 19 of which have been blacked out completely, and the rest of which have no more than a sentence or two visible. There is a list of “Dr. Miller’s Strengths” and another of “Dr. Miller’s Weaknesses” – but they have been almost entirely blacked out. There is a section marked “Comments from the Faculty” – immediately followed by a page and a half of black boxes. Under “PERSONALITY ISSUES,” the report notes that neither the review committee members nor those interviewed are trained psychologists, but the rest of section, taking up nearly two pages, is completely redacted.

This isn’t the university getting overly exuberant with a magic marker; it’s just following the law.

As I’ve written before, a move to keep teacher evaluations secret began 30 years, resulting in the passage of a law titled “Nondisclosure of records of teacher performance and evaluation,” which made teacher evaluations in local public schools exempt from the state’s Freedom of Information Act. Legislators were persuaded that parents would use evaluations to shop for the best teachers and pressure schools to place their children accordingly – though every parent I’ve ever talked to already knows who the great teachers are in their schools.

And even while the bill was pitched as a way to prevent teacher-shopping, the final language covered all professional staff in a public K-12 school except the superintendent. Assistant superintendents, principals, librarians – all covered by the law putting their performance evaluations off limits.

And before long, that sort of secrecy started looking good to those in higher education. And in 1989, a similar statute was put on the books blocking public access to performance records for the faculty and professional staff at UConn, the state university system and the state’s technical colleges.

And that’s why the document below is mostly black boxes.

Transparency advocates would like to change that. I’ll start with my eval. If and when CCSU gauges my performance, I’ll be happy to send a copy to anyone interested in reading it.

Sedensky Formally Drops Appeal on Newtown 911 Tapes

by Categorized: First Amendment, Government, Law Enforcement, Legal Affairs, Media, Public Safety, Transparency/FOI, Uncategorized Date:

Danbury State’s Attorney Stephen J. Sedensky III Wednesday formally abandoned his argument that state law gave him the authority to withhold recordings of 911 calls made during the Sandy Hook Elementary School shooting, ending a nearly yearlong battle that highlighted tensions between transparency and privacy.

The Freedom of Information Commission had ordered the tapes released, and they were made public a week ago after a judge ruled he would not keep them secret pending an appeal by Sedensky of the commission’s ruling. Although Sedensky could have pursued the legal arguments even after the tapes were released, he dropped the appeal Wednesday, submitting a one-page form to the court declaring that he was unilaterally withdrawing the suit.

After the Associated Press filed a Freedom of Information Act request for tapes of the 911 calls, Sedensky ordered Newtown police not to release them. Although such tapes are routinely provided, Sedensky argued to the Freedom of Information Commission that the tapes were legally exempt from disclosure because their release would harm a prospective law-enforcement action and because they contained confidential evidence of child abuse and were the equivalent of signed witness statements.

The FOI Commission unanimously rejected those arguments and Sedensky appealed to Superior Court, asking Judge Eliot D. Prescott to stay enforcement of the commission’s order to release the tapes while the appeal was pending. Prescott turned him down, declaring that parts of Sedensky’s argument “bordered on the frivolous” and amounted to a claim by the prosecutor that the tapes are exempt from disclosure “because ‘I say so.’ ”

The tapes became a raw battleground in the emotional aftermath of the mass shooting, with some family members of those killed urging that the recordings never be made public and some transparency advocates saying prolonged efforts to keep them secret had merely fed conspiracy theorists and exacerbated the families’ anxiety over their release.

Prescott wrote that media attention following release of the tapes would probably be “a searing reminder of the horror and pain of that awful day.” But he said access to the tapes would also allow the public to evaluate the response by police.

“Delaying the release of the audio recordings, particularly where the legal justification to keep them confidential is lacking, only serves to fuel speculation about and undermine confidence in our law enforcement officials,” he wrote.

The tapes revealed the terror inside the school in the moments after the shooting began and the steely resolve of several staff members as they alerted police. Officers arrived quickly, although five minutes passed before the first entered the building. Sedensky said that with initial reports of multiple shooters, the actions of the earliest responders was appropriate.

More Frustration at Privacy/Transparency Task Force

by Categorized: First Amendment, Government, Law Enforcement, Legal Affairs, Media, Politics, Public Safety, Transparency/FOI Date:

The old adage that watching laws being made is like watching sausage being made was on display Wednesday during a 2½-hour meeting of the state’s Task Force on Victim Privacy and the Public’s Right to Know, at which frustrated members found themselves struggling with parliamentary bureaucracy and entrenched disagreements.

Half-way through the meeting, after a lengthy and complicated series of motions and amendments, Quinnipiac University law professor William Dunlap tried to suggest a way to move toward a vote on a proposal by state Victims Advocate Garvin Ambrose.

“Once we dispose of the Storey amendment, then Ms. Mozdzer-Gil’s amendment is entirely in order, because it’s an amendment to your original motion, as amended to conform with Sen. Fasano’s proposal,” he said.

But by then, Ambrose had given up.

“I have a solution,” he said. “I’m going to take the entire issue off the table and just withdraw my motion completely so we can start fresh, because this is getting beyond ridiculous at this point.”

But it wasn’t quite so easy. Instead, the panel spent another two minutes discussing whether Ambrose could in fact unilaterally withdraw his motion or whether the full task force had to vote on whether or not the full task force could stop considering the issue.

The task force, which will make recommendations to the legislature, was created during the last legislative session, following the mass shooting at Sandy Hook Elementary School and fears that records related to victims and witnesses would be released publicly. The same legislation that created the task force also temporarily amended the state’s Freedom of Information Act to exclude from mandatory disclosure “the identity of minor witnesses” in records created by police during criminal investigations.

State Sen. Leonard Fasano, a member of the task force, said at an earlier meeting that that language was added at the request of Bridgeport lawmakers in response to the 1999 murder of Leroy “B.J.” Brown, an 8-year-old city boy who witnessed a shooting and was killed before he could testify.

The boy’s name came out as part of the criminal trial, not as a result of a Freedom of Information Act request, and the recent change in the law would have no impact on a similar scenario. But it has become something of a line in the sand between privacy advocates and transparency advocates on the task force.

Transparency advocates say existing law already allows police to withhold the names of witnesses of any age who might face intimidation or threats. Privacy advocates say minor witnesses and accusers deserve special protection and a presumption that their identities should be confidential, just as juvenile defendants are afforded special protections. During Wednesday’s meeting, those points were made over and over.

As the gathering neared the one hour and 45 minute mark, co-chairman Don DeCesare’s patience was wearing thin, as illustrated in the video below, from CT-N. DeCesare said the group was “bunkered in” and seemingly unable to move forward.

Forty-five minutes later, after a discussion of whether or not they had to take a vote on whether to take a vote, the deeply divided panel did in fact call the roll on a proposal to restrict access to the identify of witnesses under age 13 – but to make that information releasable once the witnesses turn 18.

The vote: Seven in favor. Seven opposed.

At Typically Genial FOI/Privacy Task Force, a Rare Burst of Frustration

by Categorized: Ethics, First Amendment, Government, Law Enforcement, Legal Affairs, Media, Politics, Public Safety, Technology, Transparency/FOI, Uncategorized Date:

The 17-member Task Force on Victim Privacy and the Public’s Right to Know is typically a cordial bunch, despite having strong voices at polar opposites on the issues. Garvin G. Ambrose, the state’s victim advocate, for example, evaluates victim privacy and media rights through a completely different lens than, say, James H. Smith, a former newspaper editor and now executive director of the Connecticut Council on Freedom of Information. And Chief Public Defender Susan O. Storey sits right next to Chief State’s Attorney Kevin T. Kane, leading to frequent side-by-side disagreements, but also to occasional friendly banter.

But despite the normally civil tone, the task force, created in response to the Sandy Hook shootings, “can be a pressure cooker,” Smith said. And that below-the-surface tension made a rare and dramatic appearance during a marathon hearing Wednesday, when a frustrated DebraLee Hovey, a task force member and state representative from Newtown, laid into a transparency advocate who suggested that civil laws might already address the sort of harmful behavior members of the committee were looking to curtail.

Rosanna Cavanagh, a lawyer and executive director of the New England First Amendment Coalition, told task force members that relatives of the Newtown victims had seemed to indicate through their attorney that they were primarily concerned about graphic details of the crime being misused by those on the fringe who were intent on causing pain to the families. She said those actions could run afoul of laws already on the books that punish the intentional infliction of emotional distress.

That earned a sharp rebuke from Hovey, who assailed Cavanagh’s perspective – and lawyers in general. You can view the exchange below, and watch the entire hearing on CT-N.com, the website of the Connecticut Network.

The task force was established by the legislature to “consider and make recommendations regarding the balance between victim privacy under the Freedom of Information Act and the public’s right to know.” Those recommendations are due Jan. 1.

Prosecutors Say Order to Release 911 Tapes from Newtown Could Aid Criminals

by Categorized: First Amendment, Government, Law Enforcement, Legal Affairs, Media, Public Safety, Transparency/FOI Date:

State prosecutors and transparency advocates will square off next week as the state Freedom of Information Commission considers a proposed order to release tapes of 911 calls made during the December shooting at Sandy Hook Elementary School in Newtown.

In advance of the Sept. 25 hearing, Danbury States Attorney Stephen J. Sedensky III has filed a brief saying the proposed order misinterprets state law and, if upheld, could be a boon to criminals trying to figure out what evidence investigators have collected.

Sedensky argues that the tapes are protected from disclosure by laws related to investigations of child abuse, and by exemptions to the state’s Freedom of Information Act covering records to be used in a future law-enforcement action. Kathleen K. Ross, a lawyer with the Freedom of Information Commission, rejected those arguments during a hearing in June.

The full commission typically upholds the decisions of its hearing officers, but Sedensky will have an opportunity next Wednesday to try to persuade them to reject Ross’s proposed order. Either way, the matter may not be settled for a while. Whoever loses next Wednesday can appeal the commission’s order to Superior Court.

Our full story on Sedensky’s legal brief is here. And the full document can be read below.

Download (PDF, 1.31MB)

The Best Investigative Journalism You’ll Read This Year

by Categorized: Law Enforcement, Media Date:

After an 18-month investigation, Reuters is publishing a spectacular and devastating series this week on the underground market for unwanted adopted children, exposing an informal and unregulated network in which difficult children are dumped with no oversight and no tracking – sometimes into the hands of criminals.

I dare you to read it without feeling sick and outraged.

FOI Lawyer Chastises Newtown, State Prosecutors over 911 Calls

by Categorized: First Amendment, Government, Law Enforcement, Legal Affairs, Media, Public Safety, Transparency/FOI, Uncategorized Date:

As we reported in this morning’s paper, a hearing officer for the state’s Freedom of Information Commission has issued a preliminary ruling finding that Newtown police illegally withheld publicNPD Badge access to 911 calls made from inside Sandy Hook Elementary School during the Dec. 14 attack.

The hearing officer, Kathleen K. Ross, chastised Newtown for failing to evaluate whether the records were exempt from disclosure, instead deferring to state prosecutors who instructed the town not to release the tapes.

At a commission hearing in June, nearly six months after the Associated Press sought access to the tapes, Newtown and state officials argued that the recordings should not be released, citing a variety of exemptions, including a claim that releasing the tapes would prejudice a prospective law-enforcement action. Ross rejected all of those assertions, setting up a Sept. 25 hearing at which the full commission will decide whether to adopt Ross’s report.

Lawyers for the state Division of Criminal Justice will be back at the commission’s offices, making the case for why the tapes should not be released. And even if the commission upholds the hearing officer’s report – as they usually do – the state could appeal that decision to Superior Court, a step that would add months if not years to the resolution of the matter.

The full hearing officer’s report appears below.

Download (PDF, 515KB)

You Want Those Public Records? That’ll Be $16 Million Please.

by Categorized: First Amendment, Law Enforcement, Media, Non-profits, Public Safety, Transparency/FOI, Uncategorized Date:

When reporters at the Atlanta Journal-Constitution sought access to public records about tax-lien sales that were costing residents of Fulton County millions of dollars, officials said the newspaper could have the data – for a fee.

That fee? $16.2 million.

It was the latest in a string of roadblocks county officials had erected in hopes of avoiding scrutiny of the costly deals, and it persisted until the state attorney general threatened to join the newspaper in suing the county pols.

That snubbing of Georgia’s freedom-of-information laws earned Fulton County a finalist spot – but not the grand prize – in the inaugural “Golden Padlock” award from the journalism group Investigative Reporters and Editors. The partly tongue-in-cheek award is given in recognition of “unrelenting commitment to undermining the public’s right to know.”

As bad as the county tax commissioner’s actions were deemed to be, IRE gave the top prize to the U.S. Border Patrol for what it called stonewalling by the federal agency in response to requests for information about deadly shootings by agents.  “The U.S. Border Patrol’s resounding silence on fatal shootings involving its agents epitomizes the kind of intransigence for which this award was created,” IRE president David Cay Johnston said in a press release.

Three other agencies earned finalist spots:

    • JobsOhio, a non-profit economic development agency that replaced the Ohio Department of Development, and which was made exempt from most public-records laws despite being established with public money and having access to a huge pool of assets from the state’s control of liquor profits.
    • New Jersey Transit, which responded to a request for the agency’s hurricane preparedness plan by providing a document entirely blacked out except for the title.
    • The Centers for Disease Control, for its slow response to requests for information on Lyme Disease, including one case in which a requester was made to wait more than five years for records.

The reporters’ group also inducted the U.S. Department of Justice and Attorney General Eric Holder into its “Hall of Shame” for what it called the “Orwellian practice of monitoring journalists’ phone records in pursuit of whistleblowers.”

In the Newtown Clerk’s Office, a Dishonorable End to Six Months of Lawlessness

by Categorized: Ethics, First Amendment, Law Enforcement, Legal Affairs, Media, Politics, Public Safety, Transparency/FOI, Uncategorized Date:

If you were a government official, how far would you go to push back against a law you disagreed with?

Would you openly defy the law?

Would you be willing to violate your oath of office?

Would you go so far as to badger those who favored enforcement of the law?

Until today, those questions earned a shameful “yes” in the Newtown clerk’s office, where officials for six months illegally withheld access to death certificates after deciding their personal sense of right and wrong trumped the statutory demands of their office.

This morning, the clerks finally relented, turning over dozens of heartbreaking photocopies bearing witness to the sad duty of doctors in the Chief State Medical Examiner’s Office to apply, over and over, a clinical description to the violence that stole so many innocent lives.

As I write this, a reporter is driving back from Newtown with the documents. When they arrive, they’ll be somberly analyzed for anything that might improve our understanding of that awful day – though it’s not likely the sparse documents will do much to peel back the mystery. We will wince at the now-familiar names, and think of the parents that we have come to know, but don’t really know. We’ll do our best to avoid flashes of the terror inside that school. And then the documents will be filed, along with hundreds or thousands of other sheets of paper amassed in our investigation and coverage of this obviously important, internationally significant story. [Update: Courant editors tell me that, following a review of the death certificates, no story will be written based on their content.]

That is what we will do with the records. And the town should have given them to us as soon as we asked last December. Continue reading