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The crux of the investigation concerned the role played by Town Attorney Ed Marcus in fomenting a police inquiry of former first selectman Anthony "Unk" DaRos. A stonemason by trade, DaRos was investigated by the Branford police for possible theft of Quarry materials at the request of Marcus.
DaRos was cleared of all allegations, after which residents petitioned the Representative Town Meeting (RTM) to investigate town counsel for misuse of power. Administration critics perceived the episode as political, in order to hamstring a potential rival.
DaRos announced his candidacy June 9, seeking a fourth term as First Selectman next November.
Led by Chairperson Scott Thayer (D-5), the committee members, Frank Twohill (R-1), John Prete (R-4) and Jan Doyle (D-4) determined that they were prepared to report to the full RTM. "It's been a work in progress since Christmastime," Thayer later said.
The next step, according to Thayer, is to submit the committee's conclusions to the Town Clerk.
"It's going to be submitted to the RTM," Thayer says. "Our charge is largely to find out what we could, and do a report. We voted, and that is what we are going to do next; turn it in to Marianne Kelly."
Under Thayer's leadership, the committee appeared to work smoothly, considering the volatile nature of the issue; probably the most heated since the controversial Morris/Sullivan administration took office, November 2005.
Committee member Twohill gave an overview of the final struggle to reach consensus.
"Scott presented his latest draft," said Twohill. "John Prete stated it was acceptable if a conclusion was added about referring the matter to a person or higher authority with subpoena power."
"This would require those involved policemen, Leno Torelli and Det. Duncan Ayr, and Michael Milici who "skipped" our questions, to finally answer the questions under oath to finally learn the truth," Twohill says.
According to Thayer, Torelli, whom he asserts is a retired Branford Police Department officer, had no significant role in the incident. "I don't know if Torelli had anything to do with it, but Frank wanted him questioned," says Thayer.
"Nobody was too perturbed that he didn't show up, beyond the fact that there was general unhappiness that people didn't answer us, especially people that worked for the town," Thayer says. The most frustrating aspect for Thayer's committee was the lack of subpoena power to call witnesses.
Both Ayr and Milici allegedly played roles that were more significant in the DaRos inquiry.
Ayr, assigned to the matter by his department, met directly and privately with town counsel in the First Selectwoman's office.
Milici, a former Democratic Town Committee chair, and an employee for the Town of East Haven, allegedly enlisted a photographer to take evidentiary photographs of the DaRos property containing quarry stones. As with Torelli, neither Milici nor Ayr cooperated with the Ad hoc Committee.
Other key, town officials were forthright to the committee about their knowledge of the affair, among them, First Selectwoman Morris and Police Chief Robert Gill. Town attorney Marcus also appeared before the panel.
However, Thayer's group was never able to determine the photographer's identity (rumored to have been a private investigator), nor who directed his actions. Twohill continues his insider description of June 18's Ad Hoc deliberations:
"Jan Doyle wouldn't accept the conclusion," Twohill says. "Eliza Cleveland kept asking Jan, 'don't you want to know the truth?"
"Finally, Jan indicated that she would accept something if Scott rewrote it," says Twohill. "We recessed and Scott changed the language to, 'if the RTM sees fit to refer it to a higher authority with subpoena power."
The rewording seemed to satisfy Doyle, and the committee unanimously approved the final report, maintains Twohill. The result also appeared to satisfy residents avidly seeking a conclusive investigation of the affair.
"Pam Roy and Eliza [Cleveland], who wrote the RTM way back requesting the investigation, were both present and very happy with the outcome," says Twohill, claiming DaRos, who attended, was equally pleased with the conclusions.
According to Twohill, Thayer proposed that the final report "should consist of a summary, a time-line document, prepared statements and written answers that had been submitted to the Committee, and minutes of the Committee meetings," states Twohill.
"Following a discussion, which included former first selectman DaRos, Pam Roy, and Eliza Cleveland, the Committee agreed that Rep. Thayer would write a paragraph incorporating the additional draft language in such a way that all four members could approve," said Twohill.
The added paragraph read, "The Ad Hoc Committee has taken its investigation as far as it is possible for it to go. To proceed further would require subpoena power, which the Committee did not have. If the RTM as a whole decides that it wishes to pursue this matter further, it may choose to turn it over to an entity that does have subpoena power."
"That is one of the things we say; we went as far as we could," Thayer said in a later interview. Asked what "entity" with subpoena power might be appropriate, he said, "In terms of conjecture, and conjecture only, the State Attorney General."
