But this time, Tracie C. Brown, an attorney and hearing officer, also recommended that the FOIC order “the respondent chief” (originally Police Chief Francisco Ortiz Jr., since replaced by Chief James Lewis) “to show cause why a civil penalty should not be imposed.”

In the second part of her finding, Brown recommended the FOIC order “the respondent chief” to provide a copy of the contested videotape free of charge to the complainant, New Haven Register reporter William Kaempffer and the Register.

The FOIC set a hearing for 2 p.m. Sept. 10 in its office at 18-20 Trinity St., Hartford, to listen to arguments by city representatives about the recommendation.

In December 2007, Brown recommended the Police Department be ordered to turn over the videotape, reportedly filmed by one of the five youths in the case, Lamont Swint, then 17. Last January, the FOIC agreed, ordering police to release the videotape.

But when a city attorney then asked State’s Attorney Michael Dearington to do so (he had the tape, which was never copied), Dearington refused. He said his office wasn’t a party to the FOI complaint filed by the Register.

Asked Tuesday for his reaction to the latest ruling, Dearington declined to comment.

City spokeswoman Jessica Mayorga said, “Since Chief Ortiz is the one named (in Brown’s findings), we will look at the opinion to see what’s appropriate.”

Mayorga said city officials will attend the Hartford hearing “to present the efforts we’ve made thus far to comply with FOI. If we’re ordered to take further steps, we will.” But, “we disagree with the contents of the tape being a source of public interest,” she said.

New Haven Register Editor Jack Kramer said, “Our position on this issue has been consistent from the start: we’re not sure if what is on the tape is newsworthy or not. But we feel strongly that it is our decision to make that call.”

The tape reportedly shows the teenagers riding in a car, playing loud music and brandishing guns the day of the killing. The tape allegedly recorded sounds of shots and girls screaming.

Jajuana was killed as she stood with friends outside her home on Dickerman Street on June 17, 2006, when she was shot in the back.

The teens charged in the case said they were shooting at a rival gang member and Jajuana was hit accidentally. All of them pleaded guilty and are serving sentences of 15 to 40 years.

In addition to Swint, the convicted teenagers were Torell Boyd, Rashiem Menafee, Tremayne Sanders and Daniel Carter, who fired the fatal shot. He got the 40-year sentence.

In her finding, Brown said the “the respondent chief” has not complied with the FOIC earlier order and Dearington refused to release the tape to the Police Department. But Brown said the city has not made “diligent efforts” to get the tape from Dearington.

Randall Beach can be reached at rbeach@nhregister.com or 789-5766.

©New Haven Register 2008