Crime & Safety

You've Got Mail: Town Sends 'Reservation of Rights' Letters to Police Named in Lawsuit

Roughly 40 percent of the East Haven police force is being sued.

The 20 cops named in a recently received mail from the town. The so-called "reservation of rights" letters they found in their mailboxes informed them that the town will foot their legal bills -- unless they're found guilty. If so, the defendants are on their own and must refund the tax dollars spent on their defense, said Paul Hongo, deputy director of town affairs for East Haven.

Those 20 officers represent over 40 percent of the 50-plus-member force.

Police Commission Chair Fred Brow said he knew nothing of the letters and little about the lawsuit. "The board at this point is not involved in the litigation," he said. Reservation of rights letters are standard fare for insurance companies.

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The lawsuit, filed Oct. 27, 2010, in U.S. District Court in New Haven, comes in the midst of a U.S. Department of Justice investigation into similar allegations of police violating the civil rights of Latinos as well as a host of other questionable behaviors and practices within the department. The probe was spurred by complaints made by East Haven Latinos to St. Rose of Lima Church in New Haven and Apostle Immigrant Services.

The DOJ's civil probe of the East Haven police started in 2009. While there's widespread suspicion of a criminal investigation as well, the justice department typically does not reveal that.

Find out what's happening in East Havenwith free, real-time updates from Patch.

The town had 30 days to respond to the Oct. 27 lawsuit. But, said Hongo, it asked for more time while Town Attorney Patricia Cofrancesco figures out how many lawyers are needed to represent the 20 defendants.

"We requested an extension," he said, and got it. The town now has until mid-December to file an appearance.

It was announced last month that Cofrancesco will defend the town and the police department, which are also named in the suit. As many as five other attorneys might be needed, said Hongo. One for Police Chief Leonard Gallo, who's on paid administrative leave, and likely one for the 10 John Does listed in the suit. The nine officers who are named may be represented in small groups by different lawyers, since individual cops are named in specific complaints with various allegations, Hongo said.

The defendants are officers Dennis Spaulding, David Cari, Jason Zullo, Vincent Ferrara, David Olson, Michael Sorbo and Cheryl Conyers; Sgts. Frank Montagna and Edward Lennon; and Gallo. And the 10 John Does. The suit was filed by nine Latino East Haven residents and Yale law students, who have been investigating the alleged civil rights violations.

The federal complaint details eight incidents of reported abuse. One such example occurred on Jan. 21, 2009.

 

According to the lawsuit:

Plaintiff Welinton Salinas was driving plaintiffs John Espinoza, Jose Luis Albarracin and Guido Xavier Criollo to La Bamba Restaurant on Main Street. Spaulding and John Doe 4 followed the plaintiffs to the restaurant parking lot, approached Salinas' car and asked for his driver's license. Salinas didn't have one. Criollo offered his but Spaulding "grabbed it, exclaimed, 'F__ing Spanish,' and threw the license back in Criollo's face."

More John Does arrived at the scene, arrested the plaintiffs and took them to police headquarters. Criollo was sprayed in the face with Cap-Stun, a Mace-like substance, punched and dragged to a cell, while the John Does watched and did nothing.

Albarracin was also locked up and John Doe 5 clutched his hair and collar and hit Albarracin's head against a concrete wall twice. "Albarracin fell to the floor and cried for help, Doe 5 asked him if he was a baby."

John Doe 9 saw what Doe 5 was doing, stopped him and picked Albarracin off the floor, who told Doe 9 what Doe 5 did to him. "Doe 9 replied, 'But who saw you get hit?' and Doe 5 and Doe 9 laughed ... Soon thereafter, Spaulding entered the room, exclaimed loudly in broken Spanish, roughly, 'Que bonita la siesta amigos tonight' [approximately translated: 'What a nice nap you are going to have tonight, my friends',] and laughed ...

"Plaintiff Criollo, nose bleeding, was placed in a cell close enough to plaintiff Albarracin to hear the police beating Albarracin, to hear him calling on them to stop, and to hear Spaulding mock Albarracin in broken Spanish."

 

Hongo said before the mid-December appearance filing the town will issue another set of letters to the defendants informing them who their attorneys will be. According to the police contract, the town is required to provide the legal representation.

Then, it will be a waiting game before any court action takes place, said Hongo. Meanwhile, the defendants will meet with their lawyers to discuss their cases and gather up supporting evidence.

Cost to the taxpayer? Unknown.


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