INFORIVATION 9700008951 vce wer 1203 12/28/1968 ‘STATE OF CCINEOTICUT VS. (Mare of suse) Durgin, Benard Jr. ADRESS 98 Vista OR East Haven CT TO BE REID AT Town) New Haven 712STATE OF CONNECTICUT W/M__ SUPERIOR COURT COURT DATE - ‘The undersigned Deputy Assistant State's* Attorney of the Superior Court of the State: ~| of Connecticut charges that: FIRST COUNTY: DiS COWIE THE OENSEOF COMPUTER CRIME - FIRST DEGREE SOTTO RE Fava Madison RRP TRE 2/17 796-07 /14 407 94262 WVOLRTION OF GENERAL STATUTENO. ‘SECOND COWNT - BB COURET THE OFFENSE OF omar THIRD COUNT: DID COWAT WE GFFERSEOE ‘GNER ABOUT ay TT WISLATION GF GENERAL STATUTE NO. Tay CNOA ASCOT (eae) THI VISLATION GF GENERAL STATUTE NO: SEEOTHER SHEETS) FOR ( sopmiona cours: SeNES (api haa. Saas Arey) nea DEFENDANT ANISED OF RIGHTS EEFORE FLEA BOND Lyme, feLecTiON 2) wunge) (OTE, lcass [er Dv TIATIORNEY _[] PUB DEFENDER | GUARDIAN, ‘BOND CHANGE 'SEIZED PROP. INVENTORY NO. coue] _rasowe |nce[ Sanne [iene] oe [eer 7omenat oS I le 1 RECS, coer ERD RFORVATICN FORFEITURE VACATED Cwe Ohne: | Cl ecnororrenes C] ronrerurevacareo _(] axD OND RENSTATEO -TBPLIGATEN FEE -REGERT WO. ~{GECLEONE —|PROGRAIFEE-RECEPTNO ——Tereouz one | PROBATION FEE-RECEPTNO. — [CROLEGNE IFPAD PAS [ees hea [ea we TERTES AORIEY GN GRTSSOLOGPOETON | REFORTERONTOR ON ORIG GBP | STHNED em] SNES ey Ty SEESAGKOFPAGET i iARREST VARRANT APPLICATION STATE OF CONNECTICUT FOR COURT USE ONLY WWoR i. 1004 SUPERIOR COU! SUPPORTING AFFOAMTS SEALED cesgstea Lae a Cy ves Dino Pr bk Sex 90, 992,000, vues slat clus CoS 0000801 fee ae TAME AND FRSDENCE (Torn) OF AGOLBED SOUATTOBENEDAT (Tow) PANO. Durgin, GSemerd Jr. 98 Vista DR East Haven CT New Haven 3A23 ace: wn 50e Male “APPLICATION FOR ARREST WARRANT DOB: sansrissa TO: A Judie of the Superior Court “The unde nigned hereby applies for 2 warrant forthe arrest of the above-named accused on the basis of the facts set forth tothe: [_] AFFIDAVIT BELOW. (] arrioavir(s) ATTACHED. TVS] PRINT WARE GF PROSEGTTING AUTHOR DATEAND [DATE SIGNED (roseeuting Authorty) SIGNATURE FFIDAVIT ‘The undenigned affiant, being duly sworn, deposes and says: 1) Thatyour affiant Det. Sgt. Trent Fox is a regular member of the Madison Police Department and has been since September 13,1991. At all pertinent times mentioned herein, the affiant was acting in his official capacity as a member of said Department. The following facts and circumstances are stated from personal knowledge, observation and investigation, as well as from information received from other officers acting In their official capacity. 2) Thaton 8/8/07, Investigators at the Madison PD, received information relating to the conduct of Madison Police Officer Bernard Durgin. As a result a Madison Police Officer gave a voluntary statement which contained the following: "Several weeks ago, | was working and | received a phone call on my personal cell phone. | did not recognize the phone number on the ealler ID; however | did answer the phone. When | answered the phone, the caller identified himself as Bernie Durgin. | had no idea why Durgin would be calling me. Durgin asked me that if he were to give me someone's name, could I then get some information on that person, Durgin used the terminology “run him* when making this request, which is common police terminology for doing a query through COLLECT/NCIC/NLETS." 3) The officer stated, "I took this request to mean that Durgin wanted me to check out someone and run them through the State COLLECTINCIC/NLETS system via the Mobile Data Terminal in my cruiser. Knowing that this request of Durgin was improper, | gave him the excuse that the computer in my cruiser was (This is page 1 ota _12 page Afidavit) Seen Eas stonnwne | £0 Jo 7 Leh Sa? ae ba ppp O_o (IO 90 aNoRE she tng tgs ban anetwaren and ade) xno a pte, vn eo a Fae erat foros shcens} etter b ae caseo betes ba a Ye ies adel ene cond va era peel cane ita Sane oa a esoe accion cans Sen Dione tan ha TRIED eae [NAN OF IUDGEAUDGE TRIAL REFEREE peelSTATE OF CONNECTICUT ARREST. WARRANT AFFIDAVIT INSTRUCTIONS: CONTINUATION PAGE “The jurat is io be competed for each page ofthe affidavit. ‘SUPERIOR COURT oe ee “The prosecutorial offia and judgefudge tial referee are fo dato and sign or inal each pege to inca that they have reviewed Pr Bk Gea 364,382,989 OFS #: 0700008931 FANE AND RESIDENCE (Tour) OF ACCUSED COURTTOBERELD AT (Town) JOANO. Durgin, Bernard Jr, __98 Vista DR East Haven CT New Haven \Ga23 Race: White Sex vale ‘AFFIDAVIT DOB: 1272671968 “The undersigned stfiant, being duly sworn, deposes and 521 ot working, Durgin replied “ok, thanks anyway", and appeared satisfied with my response. Durgin never corrected me and told me that he was looking for information in any other fashion other than doing @ COLLECTINCICINLETS query. Approximately one week prior to this phone call, Durgin had told me that his ffangée had left him for another guy and that he (Durgin) was going to try and find out who that guy was.” 4) The officer researched his in-coming call record on his personal cellular phone on which he received the calls from Officer Durgin, As @ result he believed that Officer Durgin had called him on 6/29/07 @ 2:44pm with respect to Durgin’s attempting to have him obtain COLLECT/NCICINLETS data, 5) That based on the information obtained from the officer, an offine search was requested of COLLECTINCICINLETS records through the State Department of Public Safety COLLECT System in order to investigate whether or not any impropristies or criminal violations had been committed by Officer Durgin. That the following is to clarify what the acronyms COLLECTINCICINLETS stand for: COLLECT stands for the Connecticut On-Line Law Enforcement Communications Teleprocessing system and itis utilized throughout Conneoticut to access valuable online State and Federal law enforcement resources. The acronym NCIC stands for the National Crime information Center. The acronym NLETS stands for National Law Enforcement Telecommunications System, The data retrieved was from two sources: the CAPTAIN system, and the NEXGEN system. 6) After assembling the private personal data obtained by Officer Durgin from the CAPTAINICOLLECT system, and the NEXGEN/COLLECT system, tis eflant began examining the private personal data to see if there were any pattems or names that appeared suspect. This affiant examined the names and the addresses of the individuals queried by Ofe, Durgin and observed thal a disproportionate percentage of therm mediately surrounding towns. Itwas observed that the list included a large ratford, West Haven, Orange, Derby, Northford etc. 1d to the midnight shift which is midnight to 8:00 am. On a were not from Madison or imt percentage of names from Naugatuck, Ansonia, Str Officer Durgin has, for several years, been assigne midnight shift in Madison, past history would show that such a pattem is highly unusual. ote 12 page Affidavit.) (thisispage 2 (SIGNED, DATEAND = |DATE SIGNATURE 0/02 £07 ISuBscrmBedpnD/SWORN TO GEFORE NEON (Dat=) ies ieee rom. Sp, CR Hea Peis) pian SURAT REVIEWED (Prosecutorel Oc) foarte REVIEWED (Qudge / Judge Tria Referee) pare erecta