Judge rules convicted killer can’t have witness info

BRIDGEPORT — A Superior Court judge Monday dismissed an order by the state Freedom of Information Commission that the city of Bridgeport turn over witness statements to a convicted killer.

Judge John Cordani ruled that the initial complaint by the inmate, Marlando “Massup” Daley, was too vague and should not have been supported by the FOI Commission.

“The complaint here failed to provide fair notice of the issues that were actually decided by the FOIC both because the complaint was entirely generic and because the complaint was filed before the issues existed and were capable of being decided,” the judge ruled.

The FOIC declined comment.

“We are pleased with the court’s thoughtful decision and agree with it,” said City Attorney R. Christopher Meyer.

In 2011, Daley, a local party promoter, was convicted by a jury of murder for the July 4, 2010 shooting death of 40-year-old Roland McLennon.

McLennon was found lying in a pool of blood on Edna Ave. near East Main Street. He had been shot once in the head. However, the case remained unsolved until April 2011 when police officers convinced a witness to come forward.

Daley was sentenced to 40 years in prison. He is incarcerated at the Corrigan-Radgowski Correctional Center with a maximum release date of May 1, 2051.

Fairfield lawyer Dante Gallucci represents Daley in a habeas corpus case in which they are civilly challenging his criminal conviction. He said Daley filed the FOI complaint on his own attempting to find any information that Bridgeport police have that they did not turn over to the state’s attorney.

“But according to the judge’s decision, procedurally he didn’t get there,” Gallucci said.

In August 2019, the Bridgeport city attorney received an FOI request from Daley seeking to obtain the Police Department’s file in his case. The city attorney later complied, but Daley complained to the FOI commission that the information he had received was heavily redacted.

During a hearing before the commission in January 2020, Bridgeport Police Detective Joette Devan testified that if redacted identifiers of witnesses were released to the public, those witnesses would likely be subject to threat or intimidation.

On Nov. 18, 2020, the commission ruled that the Police Department had violated the state Freedom of Information Act and ordered the disclosure of the full records to Daley.

“The respondents failed to prove that the identity of the witnesses whose names and other information they redacted are not otherwise known, and further failed to prove that the safety of these specific witnesses would be endangered or that they would be subject to threat or intimidation if their identities were disclosed,” the commission stated.

The city appealed the commission’s decision to Superior Court.

“The Freedom of Information Act itself provides protection for witnesses — in this instance, the city believes those witnesses could in fact be subject to harm, harassment, or intimidation if their identities were made known. Review of this decision by the court is in the best interest of the public and will ensure witnesses have the confidence to come forward,” said Associate City Attorney Dina Scalo.

But the judge based his decision not on the fears that witness information would be revealed but on what he called the vagueness of Daley’s request.

“There is no reference to redactions, withheld records, incomplete searches or any specific issue,” the judge stated.