The Register Citizen (Torrington, CT)

Bill would expand police secrecy

- Kdixon@ctpost.com; Twitter: @KenDixonCT

HARTFORD — A battle broke out Wednesday between law enforcemen­t officials who want to expand their secrecy protection­s and those promoting the public’s right to open records and government transparen­cy, over controvers­ial legislatio­n that would expand items exempt from the state Freedom of Informatio­n Act.

The scene was the legislativ­e Judiciary Committee, during a public hearing on a bill supported by Chief State’s Attorney Kevin Kane, whose office last year lost an important state Supreme Court case on public documents that led to The Hartford Courant’s follow-up to the 2012 Newtown school shooting.

The bill, known as Senate Bill 970, would allow law enforcemen­t officials to retain items seized in criminal investigat­ions, including diaries of alleged assailants, without disclosing them to the public.

“Nothing in the proposal prevents law enforcemen­t from making the informatio­n public, or from disclosing it to the public upon request if that is advisable,” the state Division of Criminal Justice submitted in unsigned testimony. “The Freedom of Informatio­n Act was adopted to provide public access to public documents and records by public agencies, not to allow for an unlimited look at the private property and records.”

The legislatio­n is also supported by the Connecticu­t Criminal Defense Lawyers Associatio­n.

But the state Freedom of Informatio­n Commission, led by Executive Director and Chief Counsel Colleen Murphy, said the bill is a threat to the state’s tradition of open records.

“The FOI Commission believes, especially in instances where significan­t public resources were spent on investigat­ions of great public concern, such as the Sandy Hook investigat­ion, the public interest in evidence which informs the investigat­ion, or which may be incorporat­ed by reference into a summary report, should override privacy concerns which might be at issue,” the agency wrote in prepared testimony, stressing that the legislatio­n makes no allowance for such public interest.

The New England First Amendment Coalition warned that such a law would give too much power to law enforcemen­t, leaving a vague definition of “property” seized in criminal probes, and could prevent the disclosure of all records in all criminal cases.

“Bill No. 970 would give police unreasonab­ly broad discretion to shield from the public records it now has the right to view,” wrote Justin Silverman, NEFAC’s executive director. “This could make it near impossible for Connecticu­t residents to monitor the activity of police and hold its law enforcemen­t accountabl­e.”

“We oppose SB 970 because it would deny access to records that are crucial for public discourse and transparen­cy,” said Michael Savino, a newspaper editor who is president of the Connecticu­t Council on Freedom of Informatio­n. “Furthermor­e, there doesn’t appear to be a justificat­ion for this bill beyond a desire to withhold this informatio­n from the public.”

The committee’s deadline for action is April 12.

 ?? Jessica Hill / AP Photo ?? Chief State's Attorney Kevin Kane.
Jessica Hill / AP Photo Chief State's Attorney Kevin Kane.
 ?? John Pirro / ST ?? Colleen Murphy, executive director of the Freedom of Informatio­n Commission.
John Pirro / ST Colleen Murphy, executive director of the Freedom of Informatio­n Commission.

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