{news} Surveillance Of Citizens Bared In Files

Sun May 31 09:42:21 EDT 2009

Surveillance Of Citizens Bared In Files
  Jon Lender | Government Watch 
  May 31, 2009
 http://www.courant.com/news/politics/hc-citizen-surveillance-green-party-0531-column,0,7974920.column<http://www.courant.com/news/politics/hc-citizen-surveillance-green-party-0531-column,0,7974920.column>
The state police Central Criminal Intelligence Unit set up a surveillance operation to watch Green Party supporters during an Oct. 18, 2006, gubernatorial campaign debate at the studios of WVIT, Channel 30, in West Hartford<http://www.courant.com/topic/us/connecticut/hartford-county/west-hartford-PLGEO100100202260000.topic>.

The police were on the alert for a protest by Green Party supporters who were upset that their candidate for governor, Cliff Thornton, was not being allowed in debates between Democrat John DeStefano<http://www.courant.com/topic/politics/government/john-destefano-PEPLT007444.topic> and incumbent Gov. M. Jodi Rell<http://www.courant.com/topic/politics/jodi-rell-hpp2166.topic>. The Greens had protested a week or so earlier outside a debate in New London<http://www.courant.com/topic/us/connecticut/new-london-county/new-london-(new-london-connecticut)-PLGEO100100206140000.topic>.

But that night, they didn't show up.

"Approximately 15 to 20 supporters of Candidate John DeStefano were observed outside of [the] studios, however, no Green Party supporters were observed. No criminal activity was observed or reported," according to a typed report on the "surveillance operations."

The criminal intelligence unit's surveillance of citizens at a political event was a police operation above and beyond the normal protection provided to Rell by her regular state police security detail.

Until now, the episode had not surfaced publicly. But details showed up in papers filed last week by defendants in a pending federal lawsuit by Ken Krayeske, a free-lance journalist and political activist who was arrested on Jan. 3, 2007, after taking pictures of Rell at her inauguration parade in Hartford.

Krayeske, who acted as Thornton's Green Party campaign director in 2006, claims that he and Green Party members were targeted for surveillance simply because they exercised their rights of free expression. He claims that his individual statements about public issues -- by means including his website, the40yearplan.com -- drew police attention that led to his wrongful arrest.

Krayeske and his lawyers consider the Channel 30 surveillance to be a creepy, dangerous excess by police against citizens.

"They apparently paid officers to surveil a man who is, and was, as harmless as a fly," said Kevin Smith<http://www.courant.com/topic/sports/football/kevin-smith-PESPT008473.topic>, a Krayeske lawyer.

But police say Krayeske had once been arrested in a nonviolent act of civil disobedience, and had displayed what they called recent "disruptive behavior" toward Rell -- including a verbal encounter with her Oct. 14, 2006, at the Apple Festival in Glastonbury<http://www.courant.com/topic/us/connecticut/hartford-county/glastonbury-PLGEO100100202120000.topic> -- which merited monitoring him as one who might break the law.

On Jan. 3, 2007, when Hartford police charged Krayeske at the parade with breach of peace and interfering with police, he was held for 12 hours, with bail set at $75,000.

Then he was released without having to post bail -- after it was too late for him to lead a protest outside Rell's inaugural ball.

Prosecutors dismissed the charges.

Krayeske later filed the suit -- seeking damages for alleged violations of his rights, and requesting that municipal police be ordered not to compile or maintain "lists of political activists."

Krayeske has a penchant for controversy; at a Feb. 21 press conference, he confronted UConn<http://www.courant.com/topic/education/colleges-universities/university-of-connecticut-OREDU0000152.topic> basketball coach Jim Calhoun<http://www.courant.com/topic/sports/basketball/jim-calhoun-hpa2011.topic> on whether he should give up some of his high salary to ease the state budget crisis.

Krayeske is being represented by prominent defense lawyer Norman Pattis, at whose firm Smith works. Pattis has said Krayeske shouldn't have been identified by state police as a "person of interest" to be watched at Rell's inauguration parade. State police prepared a two-page security flier for Hartford police on parade duty, with driver's license photos of him.

Pattis has said Krayeske "was not arrested for taking pictures. He was arrested because he was on a list of potential threats. His innocent conduct took on a sinister cast when viewed through the secret lens of suspicion."

Although Krayeske and his lawyers decry police monitoring of political activists, it was the state police -- represented by the office of Attorney General Richard Blumenthal<http://www.courant.com/topic/politics/richard-blumenthal-hpp4069.topic> -- who filed the Channel 30 surveillance report as an exhibit to show their actions were reasonable.

They noted Krayeske's 2004 misdemeanor arrest at a nonviolent protest at the Groton<http://www.courant.com/topic/us/connecticut/new-london-county/groton-PLGEO100100206060000.topic> submarine base. They said that during the October 2006 Apple Festival parade, he approached Rell and "refused to disengage" until escorted away by a trooper while "screaming" that Rell refused to debate Thornton. They cited a December 2006 Internet blog by Krayeske about a possible protest at the Jan. 3 inaugural ball, noting he used the words "no need to make nice."

State police materials on Krayeske, as well as other people perceived as possible threats to Rell, are now in the court file along with legal motions by both the Hartford and state police for dismissal of the suit against them. To some degree, city and state police point fingers at each other.

For example, Pedro Rosado, a state police detective who walked the parade route, said in an affidavit that he did not know why the Hartford police arrested Krayeske.

Rosado said he saw Krayeske take Rell's picture from a street median near Bushnell Park<http://www.courant.com/topic/travel/bushnell-park-HPL5.topic> and recognized him as one of the "person[s] of interest" in materials froma pre-parade security briefing. He said then-state police Sgt. Mark Cassista "had already made it clear to us that just because an individual was identified as a 'person of interest' was not justification for an arrest." "I saw Krayeske begin to snap pictures. ...

I looked at him and said, 'Good morning.' Krayeske said, 'Good morning' to me." Then several plainclothes Hartford police officers politely led Krayeske to a sidewalk, he said.

"I think Krayeske may have asked what the problem was ... but he appeared to accompany the Hartford police detectives willingly," Rosado said. "I continued to walk with the parade and had no further contact with Krayeske. ... [A]t the conclusion of the parade, I learned via radio ... that Krayeske had been arrested. I do not know what transpired ... but I had not observed any conduct on the part of Krayeske which, in my judgment, constituted an offense for which he could be arrested," he said.

Meanwhile, lawyers for Hartford police say in legal papers that "any criminal history information received by the City of Hartford about Kenneth Krayeske was provided by the Connecticut State police."

A lawyer for three city policemen, Joseph W. McQuade, wrote: "The Hartford Police Department does not compile 'lists' or 'records' regarding 'political activists.' ...

Plaintiff's First Amendment claim appears to be directed against the State Police."

Jon Lender is a reporter on The Courant's investigative desk, with a focus on government and politics. Contact him at jlender at courant.com, 860-241-6524, or c/o The Hartford Courant, 285 Broad St., Hartford, CT 06115.

Cliff

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