The above-captioned matter was heard as contested case on February 24, 2014 and March 25, 2014, at which times the complainant and the respondents appeared and presented testimony and argument on the complaint. At the February 24, 2014 hearing, respondents delivered the Motor Vehicle Recording for a given arrest to the complainant, and it was determined that the only contested matter remaining in the case was the video at the barracks at the time of a given booking. At the March 25, 2014 hearing, the respondents presented three witnesses concerning the “barracks video” or “booking video”, including attorney Antoinette M. Webster, Trooper Orlando C. Mo, the Evidence Officer at Troop A in Southbury, and Michael L. Mebane, Lead Electronic Technician at the respondent Department. Ten documents were submitted in evidence and the complainant conducted a substantial cross examination of all three witnesses.

     Prior to closing arguments at the March 25, 2014 hearing, the complainant stated that he wished to withdraw his complaint.

     The following orders by the Commission are hereby recommended on the basis of the record:

     1. Based on the withdrawal of the complaint, the case is hereby dismissed.

     2. The Commission commends both parties on the conduct of a highly professional inquiry concerning records produced by new recording procedures at the respondent Department and also on having reached a settlement without full adjudication.

Approved by Order of the Freedom of Information Commission at its regular meeting of April 23, 2014.

__________________________
Cynthia A. Cannata
Acting Clerk of the Commission

PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

THE PARTIES TO THIS CONTESTED CASE ARE:

Robert Cushman
705 North Mountain Road
Newington, CT  06111

Commissioner, State of Connecticut, Department
of Emergency Services and Public Protection;
and State of Connecticut, Department of
Emergency Services and Public Protection
c/o James W. Caley, Esq.
Assistant Attorney General
State of Connecticut,
Office of the Attorney General
110 Sherman Street
Hartford, CT  06105

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2013-461/FD/cac/4/23/2014