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.