Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:02-cv-O17@SRU Document 83 Filed 10/@003 C6’l5?a@€»i Z>I’¢?Oé_)‘f°'L
UNITED STATES DISTRICT COURT F I L E D
DISTRICT OF CONNECTICUT
Plaintiff __ __,_ _
‘ US DIS i E·_§l_€_l {,0URs
BRltJG{a.i’*Lli"<: CT
VS. CASE NUMBER:
. 302CV1767 (SRU)
NEW HAVEN POLICE DEPARTMENT, .
OFFICER PAUL CAVALIER (OFFICIAL
CAPACITY), CITY OF NEW HAVEN OCTOBER 29, 2003
- Defendants ·
DEFENDANTS OBJECTION TO PLAINTIFF'S MOTION TO COMPEL
DISCLOSURE DATED OCTOBER 17, 2003
Defendants object to plaintiffs Motion to Compel Disclosure, dated
October 17, 2003, and as grounds therefore would show as follows:
1. On or about October 2, 2003, undersigned counsel requested that
the police officer who operates as the liaison officer between the Office of
Corporation Counsel and the New Haven Department of Police Service obtain all
New Haven police reports concerning Christopher Santos, date of birth:
December 22, 1955.
2. Subsequent to this request, the liaison officer provided undersigned
counsel with copies of police reports concerning Christopher Santos: date of
birth: December 22, 1955.
ORAL ARGUMENT NOT REQUESTED


Case 3:02-cv-O17@SRU Document 83 Filed 10/3&§OO3 Page 2 of 4
3. On October 6, 2003, undersigned counsel left forthe plaintiff to be
picked up by her a total of eight t(8) New Haven police reports covering the time
period July 4, 1978 to May 4, 1989 pertaining to Christopher Santos, date of
birth: December 22, 1955.
l 4. Upon receipt of plaintiffs Motion to Compel, dated October 17,
2003, undersigned counsel asked the liaison officer if there were any other
reports concerning Christopher Santos, date of birth: December 22, 1955, and
undersigned counsel was informed by the liaison officer that no other such
reports had been located.
5. Undersigned counset believes that plaintiff has been provided with
all New Haven police reports concerning Christopher Santos, date of birth:
December 22, 1955, that can be located. lf plaintiff believes there are other
"incidents," perhaps they took place in anotherjurisdiction, or, they were of such E
a nature that no report was generated. N
6. With respect to pIaintiff's request for a copy of any 911 tape
recording pertaining to the October 6, 2000 incident, not only is the plaintiffs
motion pre-mature, it is also moot. As pIaintiff’s request for a copy of said tape
recording was not made until she requested it in court, orally, on October 2,
2003, the Honorable Stefan Underhill gave the defendants thirty (30) days to I
comply if there were a copy of said 911 tape recording.
7. Said request is moot in that research into requests by the State’s
Attorney Office for the year 2000 shows no record of a 911 call into the City of i
New Haven’s 911 Center on October_6, 2000 from 125 Oakley Street. Records . N
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·- Case 3:02-cv-O17?5SRU Document 83 Filed 10/@003 Page 3 of 4
were also checked for October 5"‘ and T"`, 2000 with negative results. It is
possible that the cali to the police from 125 Oakley Street came over the public
_ non-emergency number, and therefore there would be no record. If there was a
911 call from 125 Oakley Street on November 6, 2000, the City of New Haven’s
911 Center did not receive a request from the court, via the State’s Attorney’s
Office, or via a request being filed with City CIerk’s Office, to preserve said tape
within thirty (30) days of its recording, and therefore, the tape, if one existed,
would have been recycled.
THE DEFENDANTS -
BY: gg, QQ (4* lggptgj
Michael A. Wolak, Ill
Assistant Corporation Counsel
_ City of New Haven
Office of Corporation Counsel
A 165 Church Street
New Haven, CT 06510 .
(203)946-7970 l
Fed. Bar #ct12681
Their Attorney `
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·_ Case 3:02-cv-017 ——SRU Document 83 Filed 10/ 003 Page 4 of 4
( » 5 @**52
I CERTIFICATION OF SERVICE
This is to certify that a copy of the foregoing was mailed, postage prepaid,
; on October 29, 2003, to the following pro se party:
Nlrty Calderon
P.O. Box 503
- Norwalk, CT 06852
= Michgael E. Wolak, lll
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