Explanation from Conneticut State Police
While the wide range of information contained in these reports is presumed to be public, there are many statutes and regulations at both the state and federal levels that either prohibit disclosure, or allow withholding, of certain subsets of information. Each redaction throughout the report is marked with a two-digit code which corresponds to the legal basis supporting it as noted on the attached index. While this coding system makes clear the foundation of each redaction, several types of information that have been withheld warrant additional explanation.
- Throughout this report, the names and contextually identifying information of involved children have been withheld. This contextual information includes descriptions or images of children, their clothing and their belongings and references to their family members as examples. While the names of the deceased victims are well known, certain facts pertaining to the individual children are not, and the identities of surviving children are not generally known. Consistent with certain permissive exemptions of the Freedom of Information Act and the constitutional rights of crime victims we have chosen to withhold that information.
- The names and contextually identifying information of most witnesses have been withheld. In the immediate aftermath of the incident and throughout the investigation, many individuals whose identities became public as associated with the incident in various ways have been subject to harassment and/or intimidation. In an effort to protect those whose identities are not otherwise known, we have chosen to exercise the applicable permissive exemption. This has been applied in the written reports, as well as in the multimedia, including audio and video recordings. The exemption is not being applied to those individuals whom we believe to be otherwise generally known or to witnesses whose involvement is professional in nature (ex. first responders).
- All visual images depicting the deceased have been withheld, as well as written descriptions whose disclosure would be highly offensive to a reasonable person and would violate the constitutional rights of the families.
Balancing the often-competing interests of government transparency and individual privacy has been difficult. I believe that the redacted report that is being released includes as much detail as possible while protecting confidential information and without unduly infringing on the privacy rights of those whose lives have been so profoundly impacted through no fault of their own.
Redaction Index
# | Statute | Brief Description |
---|---|---|
01 | CGS § 1‐210(b)(3)(B) | Identity of minor witnesses |
02 | CGS § 1‐210(b)(11) | Names/addresses of students enrolled in public school |
03 | CGS § 1‐210(b)(2) | Personnel/medical/similar files, invasion of personal privacy |
04 | CGS § 1‐210(b)(3)(A) | Identity of confidential informant/witness |
05 | n/a | Court order of J. Blawie dated March 27, 2013 |
06 | CGS §1‐210(b)(27) | Visual image depicting a homicide victim |
07 | CGS § 29‐28(d) | Pistol permit information |
08 | CGS § 19a‐411 | Records of OCME examinations/findings |
09 | CGS § 1‐200(5) | Items not meeting the definition of public record, including but not limited to seized physical evidence |
10 | CGS § 1‐210(b)(3)(c) | Signed statements of witnesses |
11 | 18 USC 2724 | Information protected by the Federal Driver’s Privacy Protection Act |
12 | US/CT Constitutions | Right to privacy (US Const. Amend. 14) and/or Victim Rights (CT Const. Art. 1 Sec 8b) |
13 | CGS § 1‐210(b)(3)(E) | Investigatory techniques not otherwise known |
14 | CGS § 1‐210(b)(19) | Safety risk to persons and/or buildings |
15 | CGS § 29‐164f | COLLECT (Connecticut On‐Line Law Enforcement Communications Teleprocessing) system records |
16 | 28 USC 534 | NCIC (National Crime Information Center) Records |
17 | CGS § 1‐210(b)(3)(H) | Uncorroborated allegations subject to destruction pursuant to CGS 1‐216 |
18 | CGS § 1‐210(b)(5)(A) | Trade secrets and/or proprietary information |
19 | CGS § 1‐210(b)(5)(B) | Commercial and/or financial information given in confidence, not required by statute |
20 | CGS § 1‐210(b)(3)(F) | Arrest/investigatory files of a juvenile compiled for a law enforcement purpose |
21 | 31 USC 5318(g)(2) | Records protected by the Bank Secrecy Act |
22 | 31 CFR 103.18(e) | Records protected by Federal regulations promulgated under the Bank Secrecy Act |
23 | CGS § 1‐210(b)(1) | Preliminary drafts and/or notes |
24 | CGS § 1‐210(b)(17) | Educational records not subject to disclosure pursuant to 20 USC 1232g |
25 | n/a | Code not used |
26 | CGS § 12‐15 | Tax returns and return information |
27 | CGS § 1‐210(b)(10) | Communications privileged by common law and/or general statutes |
28 | CGS § 1‐17a | Photo/computerized image in connection with state‐issued identification |
29 | CGS § 1‐210(b)(3)(d) | Information prejudicial to a prospective law enforcement action |
30 | Public Law 112‐55 | BATFE Records |