The amendments to section 29-10b proposed by the
Department of Emergency Services and
Public Protection (DESPP) are a direct result of a Freedom of Information Act (FOIA) complaint filed
by American News in 2010. In 2011 the Freedom of Information Commission (FOIC) ruled in
favor of American News finding that section 29-10b did not authorize DESPP to
charge fees for records/accident reports obtained pursuant to requests for
inspection and not for copies. The DESPP appealed the FOIC decision to the
superior court and in 2012 the superior court held in favor of the FOIC and
American News and against DESPP.
The purpose of the 2010 request by American News was to
determine if state police officers failed to properly investigate two,
late-night/early morning, one-car accidents involving a Suffield Police
Department officer and covered-up the fact that the police officer left the scene
of both accidents. See link to 01/01/2006 Somers accident and link to 05/09/2009 Somers accident.
The same police officer involved in the January 1, 2006, and
May 9, 2009, Somers one-car accidents was involved in a one-car accident in
Enfield on February 28, 2005. See link to 02/28/2005 Enfield accident.
As recorded by DESPP TFC Timothy Begley in his accident
report dated January 1, 2006: Just hours after midnight New Year’s Eve, January
1, 2006, at 0325, a Suffield police officer, Sgt. Thomas G. Van Tasel, struck
CL&P pole #434 in a one-car motor vehicle accident on Route 190 in Somers.
TFC Begley concluded that Sgt. Van Tasel lost control of his motor vehicle. TFC
Begley then issued a written warning to Sgt. Van Tasel for traveling too fast
for conditions. Within his report, TFC Begley does not recount at what location
he spoke to Sgt. Van Tasel or whether Sgt. Van Tasel was at the scene of the
accident when TFC Begley arrived. The report is vague regarding Sgt. Van
Tasel’s locations and activities following the accident.
As reported by DESPP TPR Charles M. Lavoie in his accident
report dated May 9, 2009: Just hours after midnight, on May 9, 2009, at 0349,
Sgt. Van Tasel struck CL&P pole #960 in a one-car motor vehicle accident on
Hall Hill Road in Somers. TPR Lavoie issued a written warning to Sgt. Van Tasel
for making an improper right turn. Within his report, TPR Lavoie does not
recount at what location he spoke to Sgt. Van Tasel or whether Sgt. Van Tasel
was at the scene of the accident when TPR Lavoie arrived. The report is vague
regarding Sgt. Van Tasel’s locations and activities following the accident.
It was determined in the course of American News’
investigation that Sgt. Van Tasel was not at the scene of either the January 1,
2006, or the May 9, 2009, accidents when the state police arrrived. The state
police reports do not reflect that Sgt. Van Tasel left the scenes of the
accidents prior to their arrivals.
American News’ intent and purpose in the 2010
FOIA request submitted to the DESPP was to review the totality of the accident
reports prepared and submitted by TFC Begley and TPR Lavoie as investigating
officers during their careers as state police officers in order to determine
whether all of their accident reports are so vague in referencing at what
location the troopers first observed the motor vehicle operator upon arrival at
the scene of an accident; where and when in the course of the investigation the
motor vehicle operator was spoken to by the troopers; and at what time and
through what transport the motor vehicle operator left the scene of the accident.
As represented to the FOIC and the superior court by American
News in seeking the records: In general and not specifically related to Sgt.
Van Tasel or the FOIA request, law enforcement officers, prosecutors, and
judges are well-aware that leaving the scene of an accident, especially when
there are no witnesses, is a successful means of avoiding a
driving-under-the-influence charge. Once an individual flees the scene of an
accident, the state often cannot prove that the operator was under the
influence of alcohol at the time he was driving because even if a blood-alcohol
test is administered the operator may claim that he or she consumed alcohol
after the accident after leaving the scene due to nervousness, anxiety, or
otherwise. Of course, in these kinds of cases, charging the operator with
evading the scene of an accident is warranted. The reports prepared by TFC
Begley and TPC Lavoie are vague regarding Sgt. Van Tasel’s location following
the separate early morning one-car accidents involving utility poles, and the
request for the reports was the first step in resolving the question of Sgt.
Van Tasel’s location when interviewed by the state police on January 1, 2006,
and May 9, 2009.
In testimony offered by DESPP Commissioner Reuben F. Bradford to the Public Safety
and Security Committee he focused on money not on public safety. The impact
on public safety of taking away the important functions of civilian oversight,
media access, and the accountability oversight and media access impose on law
enforcement cannot be quantified in a open and free society. The intended or unintended
consequence of sHB-6424 will be, if passed, an effective prohibition on
civilian oversight of law enforcement conduct.
