Re: 12/23/00 - NH Register: Ex-cop faces court in coverup
Ex-cop faces court in coverup
JoAnne Viviano, Register Staff December 23, 2000
NEW HAVEN — Standing in front of a Superior Court judge as a defendant was uncharted territory Friday for former city police Capt. Brian Sullivan.
For years, he worked with state prosecutors to put criminals behind bars. Now, he finds himself pitted against the state, facing his own jail term.
Sullivan, 46, who spent 24 years on the force, was arraigned in the Elm Street courthouse Friday before Judge Joan Alexander on charges he hindered an investigation and tampered with evidence in a 1996 murder case.
At the request of Assistant State’s Attorney John F. Blawie, the case was transferred to the Superior Court on Church Street where more serious matters are handled. Both charges against Sullivan are Class D felonies that each carries a maximum penalty of five years in prison and a $5,000 fine.
Sullivan is accused of failing to give North Haven police details about a possible suspect in the murder of Philip Cusick.
Cusick was shot in New Haven and his body left across from his mother’s North Haven home, authorities said.
Sullivan declined comment, referring questions to his lawyer, Hugh F. Keefe of New Haven.
Keefe said Sullivan maintains his innocence and will take the case to trial unless charges are dismissed before that time which, Keefe maintains, they should be.
Keefe acknowledged the arraignment experience was an awkward one for Sullivan.
"Brian’s a very well known, highly respected and popular police officer," Keefe said. "He’s been in there many times on the other side."
But, he said, Sullivan is a "pro" who "understands the system and what you have to go through before justice is ultimately done."
Sullivan, the former chief of the department’s Investigative Services Unit, turned himself in on the criminal charges on Dec. 15, the same day his retirement, and a $60,600 annual pension, were approved.
In light of his retirement, which was effective Dec. 18, the city dropped ethics charges it had filed against him.
Sullivan’s arrest followed a seven-month grand jury investigation that recommended he be charged. The grand juror, Justice Carmen Elisa Espinosa, could not identify a motive.
Investigators claim Sullivan in 1998 shut down the Cusick investigation "per order of the chief’ shortly after his subordinates said witnesses had identified a suspect in the homicide. Police Chief Melvin Wearing and former Police Chief Nicholas Pastore both testified they did not give such an order.
Following Sullivan’s order, Sgt. Edward Kendall, 46, removed a witness’ statement, and a taped interview, from a police property room and placed it in his unlocked drawer, according to an arrest warrant affidavit.
North Haven police didn’t discover the existence of the statement until last January, despite several meetings with Sullivan about the case.
Kendall has not been charged.
His $49,000 retirement pension was also approved last Friday.
©New Haven Register 2000
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