State v. Wityak
In State v. Wityak, 29 Conn. App. 455, 464, 616 A.2d 276, aff'd, 226 Conn. 470, 627 A.2d 1341 (1993), the Court considered whether police radio broadcasts recorded on the same tapes as 911 calls were statements as defined by Practice Book 749, now 40-15 (2).
In concluding that such recordings are not "statements," this court reasoned that "the burden of storing the recordings of the town radio and the police radio broadcasts would be as heavy as the burden for the storage and administration of tapes of the 911 emergency telephone calls because the same twenty-four hour tape records 911 calls, town radio broadcasts, and police broadcasts.
The same intolerable financial and administrative burdens for the preservation of 911 tapes as those enumerated in Cain would pertain to the storage of the tapes at issue here." State v. Wityak, supra, at 464.
On appeal, our Supreme Court stated that this court "properly recognized that the same rationale relating to tapes of 911 emergency telephone calls applies to the recordings of the police radio broadcasts." State v. Wityak, 226 Conn. 470, at 474, 627 A.2d 1341 (1993).