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May 21, 2012


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TheDay.com <h1>State's Attorney Not to Pursue Cooke Prosecution</h1> Southeastern Connecticut News, Sports, Weather and Video The Day newspaper

State's Attorney Not to Pursue Cooke Prosecution

By Pam Johnson

Publication:

Published 11/30/2011 12:00 AM
Updated 11/30/2011 08:34 AM

Police Chief Kevin Halloran has issued a statement regarding the State's Attorney decision not to prosecute a reckless endangerment charge the department levied against Wayne Cooke in the post-election season, due to the "Bird Gel"campaign signs incident.

Here it is:

"It is important for the citizens of Branford to be aware of the circumstances which led to the arrest of Wayne Cooke and should be assured that the Branford Police Department conducted thorough investigation which included, but was not limited to advice of experts from the state concerning the toxicity of the chemical utilized by Mr. Cooke. The department stayed within the parameters of the criminal justice system and did not proceed hastily but applied for a warrant for Mr. Cooke, based on the advice of the State's Attorney. The facts and circumstances surrounding the investigation were submitted in an arrest warrant affidavit and the warrant was ultimately signed by a prosecutor and a judge indicating that there was indeed probable cause for Mr. Cooke's arrest.
Through prosecutorial discretion, State's Attorney Strollo decided not to prosecute the case but reserves the right to reopen it and prosecute at any time during the next thirteen months, which displayed leniency on behalf of the court. The case was not dismissed which is a judge's decision to end the case.
The Branford Police Department acted in accordance with its mission to protect the public from harm and keep the community aware of danger. The decision to remove the signs and notify the public was, and is, believed to be, in the best interest of the public. The rationale underlying their removal was completely apolitical. The safety of the Branford community is too important to ignore and to take any other course of action than we did would be shirking our responsibility to our citizens. It was a tough call but one that needed to be made."


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