Cops decline to release video in case involving disabled man

OLD SAYBROOK — The Police Department has declined to release body and dash camera footage or records from an incident this month during which a part-time resident alleged officers “aggressively” questioned a man with Down syndrome during a probe about a stolen street sign.

Chief of Police Michael Spera said in an email that the department declined to release “the records” in response to a New Haven Register Freedom of Information request for video and police reports; Spera the department could do so because it deemed the matter inquired about an uncorroborated “allegation.”

“The Department will not be releasing the records you seek in accordance with Connecticut General Statute, 1-210(3)(H),” the chief wrote, referring to the section of

the state FOI law.

Under the state Freedom of Information Act, law enforcement records, the release of which would “not be in the public interest because it would result in the disclosure of ... uncorroborated allegations,” are exempt from release.

Dan Barrett, legal director for the American Civil Liberties Union of Connecticut, indicated the exemption is discretionary.

“The cops have the ability to release the records here, they’re just deciding not to,” he said. “When we’re talking about onthe-job conduct by public employ

ees … these people are paid by us … and so we ought to be able to see how they’re doing those jobs.”

Regarding the Register’s request for copies of correspondence regarding the incident, “the Department is seeking advice as to whether those records are releasable,” Spera wrote.

Thomas Hennick, public education officer for the Freedom of Information Commission, described the uncorroborated allegations exemption as “permissive.”

“It is pretty broad,” he said. “They’re basically telling you that there’s nothing there arrest-wise so they’re not going to release it.”

Matthew Reed, a staff attorney for the FOIC, said the court has a history of allowing the exemption

to be applied liberally.

“If the police report contains uncorroborated allegations it is not uncommon for that entire report to be exempt from release,” he said, adding that other records connected to the report may also be exempt.

The department’s denial came six days after the Register submitted a request for various records from an Oct. 10 incident that gained widespread public attention and resulted in an apology from Old Saybrook First Selectman Carl Fortuna.

Rebecca Roy alleged in a Facebook post that multiple police officers, including the chief, arrived at the family’s cottage while investigating a stolen street sign and “aggressively” questioned her

brother, who has Down syndrome, though she explained that he was unable to drive.

A family car, a Honda CR-V, was the same make and model as the suspect’s, she said.

Fortuna said that the interaction lasted for about 30 minutes, with police ultimately receiving information exonerating the Roy family from any involvement in the theft, according to a statement he released Friday.

“The family was upset with how they were questioned, feeling they were never afforded a presumption of innocence,” the statement said. “They were particularly upset with the questioning of the intellectually disabled adult male.”

Spera declined to speak directly with a reporter on the matter last week but provided a statement from a statewide Down syndrome advocacy group saying officers had met with the Roys and the parties had reached a “better understanding.”

Rebecca Roy posted an update on social media following the meeting.

“The officers involved in the incident apologized to my brother and my family for the way we perceived their actions,” it reads, adding that her brother “left the meeting with a stronger sense of security and safety.”

The family has asked for privacy during this time.