IN RE: SEARCH WARRANT SUPERIOR COURT DATED DECEMBER 14, 2012 FOR CONNECTICUT REGISTRATION 872YEO, A 2010 HONDA CIVIC, 4-DOOR SEDAN, COLOR BLACK IS PARKED IN FRONT OF THE SANDY HOOK AT DAN BURY ELEMENTARY SCHOOL, 12 DICKINSON DRIVE IN NEWTOWN, CT JUDICIAL DISTRICT OF DANBURY POLICE CASE NUMBER l2-00704559 MARCH 27, 2013 PROSECUTING AMENDED APPLICATION UNDER C.G. S. $54-33c(b) FOR PARTIAL REDACTION.OF UNSEALED SEARCH WARRANT APPLICATION. AFFIDAVIT AND RETURN 2 Pursuant to C.GS. Practice Book Article IV of I the Connecticut Constitution as Amended .by Article ?51-276,1 the law enforcement privilege2 and the informant privi1ege,3 the undersigned State's Attorney, as the prosecuting authority, hereby' makes application for: A partial redaction of the search warrant application, affidavit and return, due to be unsealed with the expiration of the court's earlier order, and dispensing with the requirement of giving an unredacted copy to the owner, to wit: the State's Attorney requests the redaction of the name and identity of a citizen witness listed in paragraph 7 of the affidavit, which is attached in a sealed envelope to the prior version of this application relating to the above car together with the search warrant application, warrant and return, filed with the clerk on the morning of March 27, 2013. In the prior version the State had erroneously listed paragraph 5 as the paragraph to be redacted. The witness is described in paragraph 7. suppoiit; of this application, the undersigned represents, based on: Lu --. . Q3 ?51-276 puts the Division of Criminal Justice in charge of investigations and prosecutions of 53 al matters. C.A. 2 (NY)June 9, 2010 (NO. 10-0327-or); jwfirh re The City of New Yorl_<, 607 F.3rd 923 fib?ck v. State, 246 Conn. 514, 544-46 (1993). iagv. Mullins 288 Conn. 345, 370-377 (2008) . 4 2813 5 1. Information provided in the search warrant affidavit; 2. 'Information provided to him by the investigating police ofiicers; and 3. Information provided to him by the attorney for the citizen witness. That the investigation, which was a basis for the issuing of the search warrant, is still continuing. That no arrests have been made and while none are currently anticipated, arrests have not been ruled out and the investigation is fiilly active and ongoing by both state and federal authorities. Additionally, -There is information contained in the unredacted search warrant affidavit that is not known to the general public and any potential suspect(s), the disclosure of which could jeopardize the safety of a citizen witness; and -- That disclosure and delivery of the unredacted aflidavit would identify persons cooperating with the investigation, thus possibly jeopardizing their personal safety and well-being. _As such The search is part of a continuing investigation, which would be adversely affected by the disclosure of the name and identity of a citizen witness, whose personal safety may be jeopardized by releasing a unredacted copy of the afidavit at this time I Judge John F. Blawie, on December 27, 2012, granted an application for an extension of time to . seal the search warrant application, affidavit and return for a period of 90 days. A STATE OF CONNECTICUT March27, 2013 //?dza/HA I Stephen Seden?[y Ill State's Attorney Office of the State's Attorney 146 White Street Danbury, CT 06810 IN RE: SEARCH WARRANT SUPERIOR COURT DATED DECEMBER 14, 2012 FOR CONNECTICUT REGISTRATION JUDICIAL DISTRICT OF DANBURY 872YEO, A 2010 HONDA CIVIC, 4-DOOR SEDAN, COLOR BLACK IS PARKED IN FRONT OF THE SANDY HOOK AT DANBURY ELEMENTARY SCHOOL, 12 DICKINSON DRIVE IN NEWTOWN, CT POLICE CASE NUMBER CF 12-00704559 ORDER The March 27, 2013 amended application of the prosecuting authority for partial redaction of unsealed search warrant application, affidavit and return, having been presented to a Judge of the Superior Court, it is hereb DENIED as follows: Paragraph 7 of the affidavit is ordered redacted to delete the name and identity of the citizen witness. . The redacted version of the search warrant application, aflidavit and returns are ordered to be made available to the public. The originals shall remain sealed in the custody of the Clerk. This order is to take effect at 12:00:01 March 28, 2013. I Ju of the Superior Court i IN RE: SEARCH WARRANT SUPERIOR COURT DATED DECEMBER 14, 2012 FOR CONNECTICUT REGISTRATION IUDICIAL DISTRICT OF DANBURY 872YEO, A 2010 HONDA CIVIC, 4-DOOR SEDAN, COLOR BLACK IS PARKED IN FRONT OF THE SANDY HOOK AT DANBURY ELEMENTARY SCHOOL, 12 DICKINSON DRIVE IN NEWTOWN, CT CASE NUMBER CF 12-00704559 MARCH 27, 2013 PROSECUTING APPLICATION UNDER C.GS. $54-33c(b) FOR PARTIAL REDACTION OF UNSEALED SEARCH WARRANT APPLICATION, AFFIDAVIT AND RETURN Pursuant to C.G.S. Practice Book Article IV of the Connecticut Constitution as Amended by Article C.G.S. ?51-276,1 the law enforcement privilege2 and the informant privi1ege,3 the undersigned State's Attorney, as the prosecuting authority, hereby makes application for: A partial redaction of the search warrant application, affidavit and return, due to be unsealed the expiration of the court's earlier order, and dispensing with the requirement of giving an unredacted copy to the owner, to wit: the State's Attorney requests the redaction of the name and identity of a citizen witness listed in paragraph 5 of the affidavit, which is attached to this application in a sealed envelope together with the search Warrant application, warrant and return. In support of this application, the undersigned represents, based on: 1. Information provided in the search warrant affidavit; A :1 ?51-276 puts the Division of Criminal Justice in charge of investigations and prosecutions of .401 matters. re The City of New York. 607 F.3rd 923, C.A. 2 (NY)June 9, 2010 (NO. D: Fflfi?ck v. State, 246 Conn. 514, 544-46 (1998). 7 LL CD 5 Mullins, 288 Conn. 345, 370-377 (2008) . I - Ct>> 2013 MART1 or 0} 2. Information provided to him by the investigating police officers; and 3. Information provided to him by the attorney for the citizen witness. That the investigation, which was a basis for the issuing of the search Warrant, is still continuing. That no arrests have been made and while none are currently anticipated, arrests have not been ruled out and the investigation is fully active and ongoing by both state and federal authorities. Additionally, -There is information contained" in the unredacted search warrant affidavit that is not known to the general public and any potential suspect(s), the disclosure of which could jeopardize the safety of a citizen witness, and - That disclosure and delivery of the unredacted afidavit would identify persons cooperating with the investigation, thus possibly jeopardizing their personal safety and well-being. As such The search is part of a continuing investigation, which would be adversely affected by the disclosure of the name and identity of a citizen Witness, whose personal safety may be jeopardized by releasing a unredacted copy of the affidavit at this time Judge John F. Blawie, on December 27, 2012, granted an application for an extension of time to seal the search warrant application, affidavit and return for a period of 90 days. STATE or CONNECTICUT March27,2013 6 'Stephenll Sede ky State's Attorney Ofrice of the State's Attorney 146 White Street Danbury, CT 06810 IN RE: SEARCH WARRANT I SUPERIOR COURT DATED DECEMBER 14, 2012 I FOR CONNECTICUTREGISTRATION JUDICIAL DISTRICT OF DANBURY 872YEO, A 2010 HONDA CIVIC, 4-DOOR SEDAN, COLOR BLACK IS PARKED IN FRONT OF THE SANDY HOOK AT DANBURY ELEMENTARY SCHOOL, 12 DICKINSON DRIVE IN NEWTOWN, CT POLICE CASE NUMBER 12-00704559 ORDER The foregoing attached application of the prosecution authority, having been presented to a Judge of the Superior Court, it is hereby GRANTED DENIED. . 2013 Judge of the Superior Court IN RE SEARCH WARRANT, DATED December 14, 2012 AND SIGNED BY THE HONORABLE JOHN F. BLAVVIE, JUDGE OF THE SUPERIOR COURT FOR "Connecticut registration 872YEO, a 2010 Honda Civic, 4-door sedan, color black is parked in front of the Sandy Hook Elementary School, 12 Dickinson Drive in Newtown, Police Case number 12-00704559 PROSECUTING APPLICATION UNDER C.GS. 854-33c(bl FOR EXTENSION OF PERIOD SEALING SEARCH WARRANT APPLICATION AND AFFIDAVIT AND DISPENSING WITH REQUIREMENT OF GIVING COPY OF SAME TO OWNER. OCCUPANT OR PERSON NAMED THEREIN AND FOR SEALING OF SEARCH WARRANT - RETURN Pursuant to C.GS. Practice Book Article IV of the Connecticut Constitution as Amended by Article C.G S. ?5 1-2761 and the law enforcement privilege?' the undersigned State's Attorney, as the prosecuting authority, hereby makes application for: a. A 90 day extension of the period of time sealing the search warrant application and afiidavit and dispensing with the requirement of giving a copy of the same to the owner, occupant or person named therein for the same time; and b. A 90 day extension of the period of time sealing the return of the search warrant. In support of this application, the undersigned represents, based on: 1. Information provided in the search warrant afiidavit; and, Sig; 246 Conn. 514, 545-45 (1993gerfaii sf l__c ?51-276 puts the Division of Criminal Justice in charge of investigations and prosecutions of 'ea 75 fifgmal matters. 'Ere The City of New YorL<_, 607 F.3rd 923, C.A. 2 (NY)June 9, 2010 (NO. State v. 2: . 2. Information provided to him by the investigating police oificers That the investigation, which was a basis for the issuing of the search warrant, is still continuing and no arrests have been made and none are currently anticipated, but have not been ruled out. Additionally, -There is information contained in the search warrant afiidavit that is not known to the general public and any potential suspect(s), the disclosure of which would jeopardize the investigation and chances of successfully solving any crirne(s) involved; and That disclosure and delivery of the affidavit would seriously jeopardize the outcome and success of the investigation by divulging sensitive and confidential information known only to investigators and any suspect(s) and also identify persons cooperating with the investigation thus" possibly jeopardizing their personal safety and Well-being. As such The search is part of a continuing investigation, which would be adversely affected by the giving of a copy of the affidavit, application and return and the unsealing of the same at this time STAT CONNE TICUT 7 December 26, 2012 . Stephen ?ed#ky State's Attorney Ofiice of the State 's Attorney. 146 White Street Danbury, CT 06810 IN RE: SEARCH WARRANT SUPERIOR COURT DATED DECEMBER 14, 2012 FOR CONNECTICUT REGISTRATION JUDICIAL DISTRICT 872YEO, A2010 HONDA CIVIC, 4 DOOR SEDAN I COLOR BLACK, PARKED IN FRONT OF SANDY HOOK ELEMENTARY SCHOOL OF DANBURY 12 DICKINSON DRIVE NEWTOWN, CONNECTICUT POLICE CASE NUMBER: DECEMBER 27, 2012 CFS12-00704559 ORDER The application of the prosecuting authority, the Danbury State's Attorney, having been considered, it is hereby GRANTED. The period of time sealing the search warrant application, affidavit and return, and dispensing with the requirement of giving a copy of the same is hereby extended for a period of ninety (90) days from the date hereof. The court finds that due to the nature and circumstances of this case and the ongoing investigation, the State's interest in continuing nondisclosure substantially outweighs any right to public disclosure at this time. IT IS SO ORDERED. flaw F. Blawie - dge of the Superior Court PROPERTY SEIZED UNDER - 3 . SEARCH WARRANT . . JD-CR-52 Rev. 10-01 U.A.R. NO. 8 3 cos. 21a~262, 53-278c, 54-339, . CONNECTICUT SUPERIOR COURT 54468' 54%" (3t3i3'e t0 35 P399 7) COMPANION CASE NO. ADDRESS or DEFENDANTISUBJECT . TOWN or . Z?taza . /00 6 177, 3 ADDRESSOF courzr I JUDICIAL DESTRICT, G.A.ORJ.Notice is hereby given to the court of the foregoing Return of Property seized on Search and -Sweizure Warrant. No in Rem proceedings have been filed in the office of the cierk. DATED AT (Town) ON (Date) SIGNED (Assistant Clerk) COURT . -. as ,e of Whereas, as appears on file, the property referred to in the above summons was duly seized and_,_ in accordance with the statute and as.appears above, a summons was duly issued and served, commandingthe ow_ner(s) thereof and all others whom it may concern to appear before this court, to show cause why the said property shouid not be forfeited, adjudged a nuisance and ordered to be destroyed or otherwise disposed of, and whereas said owner(s): thereui'-30" being made El made default of appearance El executed the foregoing waiver party defendant(s) and after hearing the court adjudged the property referred to in said summons and entered the following order: in the foregoing inve ory islare 07.8 are 'its? T: sser The preceding item(s) of propert . money shall be turned over to the Clerk of Court for depositfthe General Fund. destroyed. i to an in" rem asset Tforfeiture proceeding pursuant to c.G.s. 54-36h. See attached fonn. - NUMBER - 5 The preceding.item(s) of-property in the foregoing retumed to. the rightful owner(s) within 6 months from the date of this order, upon proper claim therefore, fig OTHERWISE the property shall be disposed 'of pursuant to Section the Cdnnecticuti 7' '31 General Statutes as follows: RETURN To. [3 money shall be turned over to the Clerk of Court for deposit to the General 'Fund, _g A El turned over to the Examiner of Seized Property for disposition, provided that if it is a valuable prize, it shalt be sold at - 3 public auction ,or,_p_rivate sale and theproceeds remitted to the State and deposited to 3 ,i:i aersroyeaturned; over to the foilowing charitable, educational or governmental agency or nanjgand ad financial institution hoiding evidentiary.fu_nds seized by the 1 enforcement FFINANCIAL msr. agency shall issue .a check in the am.ount?of -- dollars payable to - . 53.-erg NUMBER The preceding itern(s) of property in the foregoing inventory isfaffre heneby$dged tofigontrolled drug(s), . . . - . su.bstan9e(s) orqrug paraphernalia andit is hereby orde_redth'a1 said . destroyed 54--36a; 54~36g). delivered to the Commissioner of consumer'r3'ioteotion . NUMBER . Thepreceding itern(s) of-property inthe fo_regoing.invehtory islare hereby acijudge_d;to_be contraband and it is hereby orderectthat saig itern(s) be turned over_to the Bpreau of Connecticut State a - Police Division"for - disposal by sale at public auction -V -V -- - - or turned over to the Commissioner-of Environmental Protection in -accordance with C.G.S. 26-85 and 26-90.: IT ITEMS) NUMBER The preceding item(s) of property in the attached inventory islare hereby adjudgedrto be anuisance, '3 contraband orother property orderedto be forfeited and it is'hereb_y ordered di_spose_d of as foiiows: turned over to the Examiner of Seized Property for disposition, provided that if it is a valuable prize, it sh __all be sold at public v- OR . auction or private sale and the proceeds remitted to the State and deposited to the General Fund. ABOLNEANI tumed -over to the foliowing charitable, educational orgovernmental agency' or institution: T(Speciij/ name and address) NUMBER The preceding items) of property in-the attached inventory islare hereby adjudged seized, pursuant to Connecticut GeneralTS_tatute 53-278c and said "rtem(s) arehereby ordered to be disposed offias fo!lows:_ A money shall be turned over to the Clerk of Courtfori deposit to the: General Fund;--1 -T - GAMBL property 'used in gambling shat! betumed 'over-to the Examiner of Seized Property for disposition, provided that if it is a valuable - - be sold at public auction-_or_private saieand the .proo_ee__ds remitted.-to thestate and deposited to the General Fund. [1 destroyed. - . . . tumed 'over to the following charitable,:educationa| or governmental agency or institution: (Specify nameand address)' BY ORDER of: THE COURT '(Name .ru_orciAi. on 'stoned' (Judge) i_ one sicneo - File the application for the warr.-mt and all AFFIDAVIT AND AND SEIZURE WARRANT Rm! 3- I0 5 "if: or: cornrraencur 1 SUPERIOR COURT . Form must also be conrploterl instructions To Clerk Upon execrrtion and of the which are the of an order with the reqrriremc-nt of _qiv;-nq a copy to the owner, necrrpant or within forty-erglit hours strait remain in the of the clerk's office inn secu.-o location apait from the r'ernain(lor' of the court trio instructions To Applicant the warram' is iiased with the clerk ol the court for the geoqr'aplrieeit area within winch ant: person who may he mics-tert in cormeetion with or sribseqriont tn the oi the semen warrant r-would be presented, together with the return of the 1-variant. Police Case number 12-00704559 TO: A Judge ofthe Superior Court or a Judge Trial Referee The under'signec.l. being duly sworn. complains on oath that the cause to believe that certain propeny, to wit: . I Connecticut registration 872YEO. a 20l(-) Honda Civic. 4-door sedan. color black. vin F5 I registered to Nancy Laura. 36 Yegananda Street, Sandy Hook. CT. Blood. semen. saliva, physiological fluids and secretions, hair. fibers. fingerprints. palm prints. footprints. shoe prints. gunshot residue (GSR). weaponiy and fiiearrns including pistols. rifles. revolvers, shotguns. lratchets. . axes. knives. cutting and cutting tools. blunt force instnunents. projectiles. ammunition. bullcl casings and ftagments. dirt. dust and soil. paint samples. glass and plastic fragments, marlts of tools used to gain access to locked premises or containers, and items containing traces of any of the above mentioned articles or items. The evidence will be collected and submitted to the Department of Public Safety Forensic Science Laboratory located at 278 Colony Street in Meriden. Connecticut for physical examination, scientific testing and forensic analysis. is possessed, designed or intended for use or which is or has been or may he used as the means or committing the criminal offense of: 7 was stolen or enibc-2zzlecttr'orn: constitutes evictence of the following offense or that a particular person participated in the commission of the otfenso of: Murder, in violation of Connecticut General Statute 53a-54c is in the possession, custody or control of a journalist or news or*ganization. to wit: as comrnitted or is committing the following offense which is related to such andsuch person or organization property: and such property constitutes contraband or an instrumentality ofthe criminal offense of: And is within or upon a certain person, place. or thing, to wit: Connecticut registration 872YEO, a 2010 Honda Civic, 4--door sedan, color black is parked in front of the Sandy Hook Elementary School, 12 Dickinson Drive in Newtown, CT. (This is page 1 of;-1 7 page Affidavit and Application.) Date anil ;l'itle nl EUR257 Qrgirryis in on (Dirt?!) Jtirat I TriatRoIrm:r:) . My SEARCH SEIZURE Oil: SEARCH AND WARRANT SUPERIOR COURT l'hi:- and /tpplii-..-ihnii tot tiieariili and Woriaiit having; been piissoiilorl to strict by the srgiiort, .1 .tiidg:-= of tho Snpniioi' (Inuit oi a rial and the /\ftidavil been and to hy thw- nffiantts) before me at the time it was the is that rsxisl for :.;nrt anti finds that .ittirt.z\rit estnlilislinri .'-incl pmlintiln caiise for the iinilcisi_rtni-icl to issiir': this niirl \N.iirarit_ piohahlo cause being the following l-'tom ts?tlti aftidnvit, thi-2 that lt'ini'e pioliahte tor the to that the property in the attictai/it :-ind is wittiin or upon the poison, itkiny, oi it": the foregoing affidavit and ;ipptieation_ oi the place oi thing, it any, in the.tore_qoing anrl applirz.-ition_ iinrter the and set forth in tho atlidavst and applicnlinii. and that, a and 5-;houlcl is.<.iin for said propnity . l\iO\/if hy of the i?llalo of any Officer' of ti police depaitmr-int, any Stair.>> i-'otice any inspector in the Division of Criinlnal .itlSiit2(?, oi any eorisnivatioii coiiservaticn officer oi palinl otticni In 3 in whom tliose pi'r-ascents shalt c:eirin_ within ten day:-. attr.-r the rlziln ot litts wxiriarii to r-rntr-:i into (it "upon xinrl place or thing in the affidavit and :-ipplienlirisi, ni zarsairzti the przi-son in the nllir'l.'ivil sinrl ripplimtinii or holh_ to wit - Connecticut registration 872YEO, a 2010 Honda Civic, 4-door sedan, color black is parked in front of the Sandy Hook Elementary School, l2 Dickinson Drive in Newtown, CT. to: the property in the toie_r_iotiig. affidavit :_inrt to wit. Connecticut registration 872YEO. a 2010 t-toncla Civic. at-door sedan. color black. yin F5 AH54299. registered to Nancy' Lama. 36 Yogananda Street. Sandy Hook. CT. Blood. semen. saliva, physiological fluids and secretions. hair. fibers. fingerprints. palm prints. tbetprints. shoe prints. gunshot residue (GSR). wcaponiy and firearms including pistols. rifles, revolvers. shotguns. hatchets. axes. knives. cutting and cutting tools. blunt force instniinents. projectiles. ammunition. bnttet casings anct fnignietits. cliit. dust and soil. paint samples. glass and plastic fragments. marks of tools used to gain access to locked premises or containers. and items containing traces of any of the above mentioned articles or items. The evidence wiil be collected and submitted to the Department of Public Safety Forensic Science Laboratory located at 278 Colony Street in Mericlen. Coniiecticiit for physical scientific testing and forensic analysis. StJi?t'i'tti the propr-.-rty rlresciitiect in the foregoing nttidavit and application to labor:-itoiy aiialy:-its and nxaminatioii Department of Pubiic Safety Forensic Science Laboratory located at 278 Colony Street in MCl'i?iCIt, Connecticut for physical examination. scientific testing and forensic analysis. to seize the same, lake and it in cnstocty unlit the further' order of this: court, and and upon finding said akn due ffiitlth of il't|$ WE'tt't'8t'1i accompanied by a written of all witli pioinptiiess be foieagoing ieqiinst that the judge, or judge trial r.tispensi.=. with the of (5.3. that a copy (it the warrant application and afticlavitts) in support of the given to the owner, occupant or person named and that the . attidavit in support of such also be included in such nondelivery IS hereby: i HOT 're :2 oars WARRANT is for i-3 period of This order, or any e:! mu rm {Dam} um ii-10 .110/1 A i Fm it? has; not this in any other court or to any other juctgc or Elma', I has this in or in jiltiqti 0: jlidgjfi. trial :'ctu|'nc (specify): Vvheretorc the untit-2i'ssigm-art that :2 \tVElI'i'?1I't[ may issue at to ssc-tench sztict or to enter into or upon said place or thing. Search the same, and take into custocty all such property. Ami to submit the propmycit-zscriiaect in the intriguing and to analysis and cxaminaticm: of Public Safety Foncnsic"Scicncc Laboratory located at 278 Colony Street in Mofidcn, Connecticut for physical examination. scientific testing and Forensic analysis. This; is /;z1_qzz' 4 ml 1; 7 page AI/irlavil ;-ind Date Title of Aria??- De'? ?fvotii Out. . . 20! ,1 AFFIDAVIT REQUESTING DISPENSATION WITH REQUIREMENT OF DELIVERY pursuant to 54-33c, Connecticut General Statutes TO: A Judge of the Superior Court or a Judge Trial Referee For Iho reasons sot ff)i'Hl hclow. the unclr-2r'signerI. being duly sworn. Ult-ll the iurlge trial referee with the roguireinenl of C.G.S. 54336 that PI copy of the application for the warrant and a' copy of any atlirlavilisi in support of-the vvzii'mi1l be given to the owner; occupant or person immecl therein wilh_iorty--eiglil hours of the seai'cht The persoiizil safety of inlorineinl would be by the giving of El copy of the affidavits at such time; The search is part of continuing investigation which would he adversely effected by the giving of El copy of the - affidavits at such time: The giving oi such at such time would require disclosure of inlorn'intion or inalerial nrohibilorl from being' clisclosocl by chapter 959;: of the general slalulcs; I in erldilion, it is regueslecl that the regi.rireinenl of advance service of this wzirrenl upon the financial records are sought. be waived lo C.G.S, 36si--4-3 - and the specific riolnils will: ir-zgaitl to such reasons are as follows: This is an active and evolving investigation in which the identification of additional suspect(s) and odconspirators could be potentially compromised by disclosure of the aforementioned information at this juncture. 'flue Iiirlfior requests that this affidavit also be included in such nonclolivery. . mill in Dale ?j_gLnat1iie -aiic6i1i_:a_calAffiaIil oiqnnTi Hg - Ifill Rn r-Inn l'iJLu/\ I - LL 'bee I