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by Thomas MacMillan | Apr 20, 2010 7:12 am

(1) Comment | Commenting has been closed | E-mail the Author

Posted to: Immigrants

Under what circumstances have East Haven police used pepper spray or Tasers?

Police have so far refused to hand over the records that would answer that question. But a Fair Haven church that has complained of police harassment of Latinos may soon have them in hand.

A proposed ruling by Freedom of Information Hearing Officer Lisa Seigel states that the East Haven Police Department has violated the law by not handing over documents requested by the St. Rose of Lima Church. The Fair Haven church is requesting the records as part of its investigation into alleged race-based police harassment in East Haven.

Read Seigel’s proposed ruling here.

The state Freedom of Information Commission will meet on April 28 to decide if the East Haven Police Department will be forced to hand over its “use of force” records and other documents requested by the church.

St. Rose of Lima, a largely Latino church on Blatchley Street in Fair Haven, has for the past year been working to end alleged racial harassment in East Haven. The allegations were brought to light more than a year ago, when the church’s priest, Father James Manship, was arrested while videotaping police in a Latino-owned business in East Haven. Business owners claim that they are subject to unwarranted traffic stops, harassment, and even violence at the hands of East Haven cops. East Haven police have denied the allegations.

In December 2009, members of St. Rose of Lima announce that the U.S. Department of Justice has decided to investigate the complaints against the East Haven police department. That investigation is currently underway.

In October 2009, as part of its efforts to gain information about East Haven police practices, St. Rose of Lima requested that East Haven police turn over records regarding officer training, disciplinary actions, and uses of force.

The police department ignored the request, according to Yale student attorneys assisting St. Rose on the matter. It was only when attorneys filed a complaint and subpoenaed members of the East Haven police that the department began to disclose records. But it didn’t turn over everything that was requested, according to attorneys.

In her preliminary ruling, issued April 7, Seigel found that the East Haven Police Department violated the law by not turning over “use of force” reports detailing officers’ use of Cap-Stun, a brand of pepper spray.

According to the ruling, the East Haven Police Department has argued that to compile all Cap-Stun reports would be “too burdensome” since the department “generates about 1,300 incident reports per month and the complainants’ request covers 16.5 months.”

Seigel’s preliminary ruling further states that police provided only partial records on the use of Tasers, and on disciplinary charges against Officer Dennis Spaulding, who has been accused by name of harassment of Latinos. The department failed to prove that it did a diligent search for records of complaints against Spaulding and two other officers, Seigel wrote.

If East Haven hands over the requested documents, St. Rose plans to pass them on to the U.S. Department of Justice, said Tafari Lumumba, a Yale student attorney assisting with the case. Lumumba said his clients believe the more information is disclosed regarding training and procedures within the East Haven Police Department, the better it will be for the East Haven community.

Patty Cofrancecsco, attorney for the East Haven Police Department, could not be reached for comment.

Previous Independent stories about alleged racial profiling in East Haven:

• Feds To Probe Racial Profiling Claims
• Immigrant Advocates, Supremacists Clash
• March Aims At Immigration Clampdown
• Routine Police Work? Or Retaliation?
• Case Dismissed, Priest Goes On Offense
• Priest’s Video Contradicts Police Report
• White Supremacists Pay A Visit
• City Priest Pleads Not Guilty
• Cross-Border Cops Arrest Father Jim

Comment

posted by: Bill Saunders on April 20, 2010 6:44pm

Interesting Read.

I just had a case before before FOI Hearing Officer Siegel last week, in the matter Bill Saunders vs. The City of New Haven (FIC-735).

As a private citizen fighting a deceitful octopus over simple public records, I found the entire process very empowering. At the beginning of the proceedings, Hearing Officer Siegel told me that the process was designed to be user-friendly, and it really was- it is a necessary balance to government abuse, and though its authority does not extend much past getting citizens the records they request, I urge you all to participate in this process if you get the continued run-around from City Hall.

Plus, you get a nifty recording on CD of the entire proceeding, so you can actually hear the trickery under oath. Priceless.

I great checks & balance

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