Date: Fri 31-Jan-1997

Publication: Bee

Author: ANDYG

Quick Words:

police-internal-investigation

Full Text:

Investigation Finds Charges Against Police Are `Not Sustained'

B Y A NDREW G OROSKO

Allegations that police officers acted unprofessionally and used excessive

force in connection with a November 1996 incident are "not sustained,"

according to a Newtown Department of Police Services (NDPS) internal affairs

investigation.

Resident Thomas Harrington, 31, of 23 Surrey Trail, who is a correction

officer at the Federal Correctional Institution in Danbury, filed the

complaint November 13, 1996, against Sergeant Martin Pytko, and patrol

officers Aaron Bahamonde, Clayton Brown and Patricia Sperling concerning a

November 11, 1996, child custody incident. Mr Harrington's wife, Jennifer,

also filed a complaint.

According to Mr Harrington's complaint, after a November 11 drop-off of his

5-year old son, Casey, to his natural mother, Suzanne Kinsey, did not occur as

planned, police acted unprofessionally and used excessive force. Ms Kinsey is

Mr Harrington's ex-girlfriend.

"They were being too aggressive for the situation," Mr Harrington has said.

Mr Harrington alleges that on the evening of November 11, after speaking to

Sgt Pytko about a problem with Casey's custody exchange, the sergeant verbally

assaulted him, threatened him and then chased him out of the police station

and across the parking lot.

In his internal affairs investigation into the complaint, Lieutenant Owen

Carney, head of the police department's special investigations unit, found

that based on conflicting information provided by Mr Harrington, the sergeant

and a police dispatcher, he could neither clearly prove nor clearly disprove

the allegations, so the allegations are "not sustained."

Mr Harrington also alleges that Officer Bahamonde was too physical in handling

a situation involving his wife, Jennifer, and their son, Tyler. Mr Harrington

also claims Officer Bahamonde "got in his face," or physically confronted him.

Given the various claims made by those involved in that incident, Lt Carney

states he can neither clearly prove nor clearly disprove the allegations, so

the allegations are "not sustained."

Mr Harrington further claims he demanded the names of Officer Brown and

Officer Sperling because they witnessed the incident between Mr Harrington and

Officer Bahamonde, but Officer Brown and Officer Sperling allegedly initially

refused to provide their identities.

In his investigatory report, Lt Carney states Officer Brown and Officer

Sperling said they repeatedly identified themselves to Mr Harrington. In his

investigation, Lt Carney states he can neither clearly prove nor clearly

disprove the allegations, so the allegations are "not sustained."

According to a prepared statement from Police Chief James E. Lysaght, Jr, "Sgt

Pytko is exonerated of any wrongdoing" and allegations concerning Officers

Brown, Bahamonde and Sperling "were not sustained and further administrative

action is not warranted."

"It should be noted that the above listed determinations were arrived at after

NDPS investigators carried out as complete an investigation as possible.

During the course of the inquiry, NDPS investigators "contacted federal, state

and local enforcement/investigative agencies; conducted a neighborhood canvas;

interviewed all participants; and pursued a number of investigative leads,"

Chief Lysaght wrote in a January 21 letter to Mr Harrington.

"All the information developed regarding this incident has been thoroughly

reviewed," Chief Lysaght wrote.

If Mr Harrington is unsatisfied with the results of the internal investigation

into his complaint, he can submit an appeal to the Police Commission.

Mr Harrington could not be reached for comment at presstime this week.