Complaint / Request for hearing re- Denial of public records request by Waterbury PD

Fri., 8-4-06


Complaint / Request for hearing re- Denial of public records request by Waterbury PD


State Freedom of Information Commission
18-20 Trinity St.
Hartford, CT 06106

Dear Ms. or Sir:

This is a formal complaint following denial of a request for public records regarding the Billy Smolinski case. I request a hearing in this matter.

Please see request letter dated July 28 and denial letter dated Aug. 4.

Based on discussion with Gary Roosa, the Waterbury Police Department's legal advisor, I am optimistic we could stipulate to an in-camera review of the Smolinski file by a hearing officer for the FOI Commission. Such an agreement could be formalized during a short hearing.

In lieu of requesting subpoenas for witnesses at this time, I ask that the Waterbury Police Department voluntarily send an officer to the hearing who could testify under oath regarding what has been done or not done to investigate this case. This is critical information for the hearing officer because the Department cites an ongoing investigation. What has been done? When?

I contend these records are not exempt from disclosure. The Department must demonstrate what it has done up to this point. Is this still a missing person case after two years? Or is it a homicide case? See "Does Missing Person / Love Triangle Case Add Up To Homicide?" July 26, 2006, The Cool Justice Report, and "Lack of Will To Solve Case Keeps Closure From Family," Norwich Bulletin, July 30, 2006.


Sincerely,


Andy Thibault

Copies to Mr. Roosa and Chief O'Leary