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AFFIDAVIT AND APPLICATION

SEARCH AND SEIZURE WARRANT


JD-CR-61 Rev. 3-10 C.G.S. 54-33a. 54-33c. 54-33j

STATE OF CON

SUPERIOR

Wltlw.jud.ct.gov

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TICUT

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URT

Form JD-CR-52 must also be completed

Instructions To Applicant
File the application for the warrant and all affidavits upon which the warrant is based with the clerk of the court for the geographical area within which any person who may be arrested in connection with or subsequent to the execution of the search warrant would be presented, together with the return of the warrant.

Instructions To G.A. Clerk


Upon execution and return of the warrant, affidavits which are the subject of an order dispensing with the requirement of giving a copy to the owner, occupant or person within forty-eight hours shall remain in the custody of the clerk's office in a secure location apart from the remainder of the court file.

Police Case number

TO: A Judge of the Superior Court or a Judge Trial Referee The undersigned, being duly sworn, complains on oath that the undersigned has probable cause to believe that certain property, to wit:
Any computer system (as defined by C.G.S. 53a-250(7)) that may have been used to "access" (as defined by C.G.S. 53a-250(1)) "data" (as defined by C. G.S. 53a-250(8)) relating to the production of facebook documents; computer related documentation whether in written or data form; other items related to the storage of book draft writing documents; records and data for the creation, sales of book type naming "Carl Pavano"; book publication contracts, any passwords used to restrict access to the computer system or data and any other items related to the production of book documents. In addition, any book records and receipts that can show personal benefit to the suspect including, but not limited to paper documents such as notes, letters, receipts, memoranda, practice documents and examples of publication documents. The items seized will be submitted to the Southington Police Department IT Division, or another law enforcement agency with a similar laboratory setting and expertise for performing physical and investigative/forensic examinations. The physical and investigative/forensic examination will include making true copies of the data and examining the contents of files.

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11-2.1928

o committing thecontrolled,offense of: or intended for use or which is or has been or may be used as the means of is possessed, designed criminal o was stolen or embezzled from:
~ constitutes evidence of the following offense or that a particular person participated in the commission of the offense of:

o is in the possession, custody or control of a journalist or news organization, to wit:

Harassment 2nd Degree, CGS. 53a-183, Criminal Attempt to commit Larceny 1st Degree, 53a-48/53a-183

o and such person or organization has committed or is committing the following offense which is related to such property:
o and such property constitutes contraband or an instrumentality of the criminal offense of:
And is within or upon a certain person, place, or thing, to wit: Bedard residence at 43 Hunting Hills Drive Southington, Connecticut is described as being a single residence on Hunting Hills Drive, located on the north side of the roadway, Yellow in color with white trim, and numbered 43 on stone pillar with where the roadway meets the driveway to the residence.

(This is page 1 of a 10 page Affidavit and Application.)


CitylTown Date

3 IY

11-

And the facts establishing the grounds for issuing a Search and Seizure Warrant are the following: 1...The AFFIANT, Detective Mark Beal, being duly sworn, does depose and state that he is a member of the Southington Police Department, currently assigned to the Patrol Division, and has been a police officer for approximately Twenty-one (21) years prior to this date. At all times mentioned herein I was acting as a member of said department. The following facts and circumstances are stated from personal knowledge and observations as well as information received from other police officers acting in their official capacity and from official police reports and statements made by prudent and credible witnesses. 2...The AFFIANT, Officer Triano, being duly sworn, does depose and state that he is a member of the Southington Police Department, currently assigned to the Patrol Division, and has been a police officer for approximately Thirty-five (35) years prior to this date. At all times mentioned herein I was acting as a member of said department. The following facts and circumstances are stated from personal knowledge and observations as well as information received from other police officers acting in their official capacity and from official police reports and statements made by prudent and credible witnesses.

3... 0n December 30, 2011 this Affiant received a complaint from Michelle Degennaro, the Sister of a professional baseball player, Carl Pavano. DeGennaro reported that someone using a Facebook account/profile with the name Christian Bedard has been posting harassing statements on the wall page of her account/profile on the Social Networking website www. facebook.com for the company Facebook, Inc. (herein referred to a Facebook). According to DeGennaro, messages posted by Bedard have also demanded that Pavano pay a substantial amount of money to Bedard or he will reveal personal information about Pavano to the Mass Media.
4...That on December 30, 2011 DeGennaro stated that on December 18, 2011 she was at a local gym and was advised about Facebook messages being made by a Christian Bedard, and how the messages suggest inappropriate and false accusations about her brother Carl Pavano. She said after learning of the messages she searched her Facebook.com (account/profile) and located entries from Bedard. DeGennaro looked at the photo on the Facebook account/profile of Christian Bedard and recognized the male in the photo as Christian Bedard, a childhood friend of her brother. 5... DeGennaro provided printouts from her Facebook account/profile. The printouts contained a string of Facebook messages posted to her Facebook wall page from the profile of Christian Bedard. The postings began on December 18, 2011. DeGennaro said after viewing the messages posted by Bedard she responded to the messages. DeGennaro wrote messages telling Bedard to stop writing false accusations about her family. Bedard responded where he refused to stop posting messages because he wanted closure. Bedard said if he does not get closure from Pavano, he will get closure by writing a book. In summary Bedards states Pavano is Gay, and they had a relationship when they were growing up. Bedard said he has a book deal in place worth 1.2 million dollars and that it can all go away if Pavano buys him a navy Range Rover with Tan leather. The post from Bedard to DeGennaro after she asked him to stop his actions reads:

a
(This is page 2 of a 10 page Affidavit and Application.)
Cityrrown

J
Jurat
JD-CR-61 Rev. 3-10

5a ... "You people are in such deniaL.when we were 17 we came to a party at your house in new britain you called your mom who called my mom....who said we had too much so ya he stopped talking to me when I was 14 the truth is the truth ....can't sue me for that... going to come up with another lie to cover the one you just told???? this book was written for me to find closure in my Iife 1 apologise for calling you fat.. .. 1 know you always had an issue with your weight.. ..and for me to say that was yust rude 1just want closure in my life and that's only going to come from your brother....you can all dance around it....maybe I was the only guy?...whatever...... I don't care about money.... not rich ...not poor... I have two beautiful nieces who keep me in check... especially about every princess dress ever made, because uncle christian has bought them all. ...whats rough is he was my first love... and it was a three yr relationship...obviously underground.... people have told me let it go...things can happen in your life that affect you for the rest of it.... 1 wish this had happened with joe the plumber...some no name...I'm not gaining at all. ..ya I have serious juicy book offers...to the point that the only way your brother is getting out of this...is with a heart felt apology and a navy range rover with tan leather...if I'm going to drop a 1.2 million dollar book deal I want something... " 5b ... "That is my best offer an apology and a land rover and I'll kill the project.... best deal in the world because the art is coming back for "left Out in left field" next week.... and it's a go.... 1 can gain alot more by publishing...would rather not.... " 5c... "1 recind that offer...I'm up to 5 depositions of friends who I trusted with the secret of carl and I's relationship ....then I called my attorney....the book is the best deal....plus it migh lead to something else ....so hate me all you want.... it was just a relationship...it's your own homophobia that is killing you ...peace.. " 5d ..."lol...the funny part is I expected your nasty messages... 1 wouldn't expect anything less from a group of racist homophobes...you brother can deny it to then end ... that's exactly what I expected, I have more than enough witnesses and prooL.and in the end he's just going to look like a complete liar when the book comes out in late spring...and in the meantime your all going to be thrown under the bus for being exactly what you people are, racist homophobes....no wonder he wound never come clean about it..like a jew living with a bunch of nazi's...it's the 21 century...the general public doesn't take nice to your type... " 5e ... "if your brother is having memory loss...remind him how I would sneaking in the window of what is now your grandmothers apartment every weekend ...or better yet the time when I think we were sixteen and went to Atlantic city the day after Christmas because your uncle was painting the condo there...and how we were laughing and psyched when your father told us we can take the bed ... ask him what "Big Wheeling and "Sp ing" means...that might jog his memory... " Sf... "Ever since I talked to you my phone has been ringing off the hook....seems you have a pyrimad scheme.... I have had people calling me in tears with how much money they lost....well you fuked wrong person ... my mom is personal friends with the governor and he calls atleat twice a month....to ask about the political weather in Southington...even better is my mom is really close friends with George Jepsen...and when I call him tomorrow... I'll be providing lots of info...what's even better is my mom's the police commissioner... and their is an open file on you already....do not talk to me about ethics... you rob helpless women of all their money... and dare to say shit to me?... you were always trash... but seriously this was a shock..."

a
(This is page 3 of a 10 page Affidavit and Application.)
Cityrrown

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Jurat
JDCR61 Rev. 3-10

6... DeGennaro, her family, as well as Carl Pavano are concerned and believe that Bedard is attempting to extort monetary funds for his fabricated false information and believes he can hold them "hostage" with information concerning Carl Pavano, believing Pavano fears the release of the information. DeGennaro states the information is clearly false and Bedard is attempting to extort her family. DeGennaro states she is greatly concerned about Bedard and in fear for her and her family's safety. She said Bedard is a local resident in Southington Connecticut along with other family members.
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7oo.By viewing the Facebook page of Christian Bedard this Affiant was able to locate the Facebook ID for Bedard. The Facebook ID was found in the string "id" in the URL {Uniform Resource Listing} or Web address listing. The Facebook ID for Christian Bedard was listed as ..www.facebook.com/christian.bedardl.. 8oo.lt was therefore requested that Facebook, Inc. provide all Internet Records for Facebook user Id christian.bedardl, including but not limited to Basic Subscriber Information {as described on Page 1}, all User Contact information including but not limited to, names, dates of birth, contact e-mail addresses, physical address, city, state, zip codes, phone numbers, screen names, and websites, and ailiP Logs of user Id christian.bedardl from December 18, 2011 to the Present. 9...That on January 3,2012 an Ex-Parte order was signed Judge Brunetti of the Bristol Superior Court requesting Facebook information as stated above. 10...That on January 19, 2012 Facebook Inc. provided the requested information showing www.facebook.com/christian. bedardl as having an IP address of This IP address was checked through http://whatismyipaddress.com which revealed the owner of the IP belonging to Cox Communications, type Broadband, Dynamic IP, with a Geolocation from Southington, CT l1...That your Affiants know through training and experience that Cox Communications maintains records of IP accounts for billing. These records include User Contact Information such as names, dates of birth, contact e-mail addresses, physical address, city, state, zip codes, phone numbers, and websites. Your affiants also know that Cox Communications maintains information which will provide the physical address where IP is located physically and who the billing person is for that service. 12... lt was therefore requested that Cox Communications provide all Records for IP used by christian. bedardl, including but not limited to Basic Subscriber Information, all User Contact information including but not limited to, names, dates, of birth, contact e-mail addresses, physical address, city, state, zip codes, phone numbers, and billing information.

B ... That on January 23, 2012 an Ex-Parte order was signed Judge Brunetti of the Bristol Superior Court requesting information from COX Communications regarding IP as stated above.
14...That on January 24, 2012 Cox Communications provided the requested information showing their IP address of { belonging to Rita S. Clark of 832 Glacier Way Southington, CT. According to the Facebook Inc. records of the IP and Cox Communications 832 Glacier Way is the physical address of the electronic instrument needed to generate the Facebook entries made by Christian.bedard1.

(This is page 4 of a 10 page Affidavit and Application.)


CitylTown

Jurat
JDCR61 Rev. 310

15...That based upon the foregoing, as well as our training and experience, the affiants had probable cause to believe that a person or persons residing or visiting 832 Glacier Way Southingon, Connecticut were currently using, or had used a computer system (as defined by e.G.S. 53a-250(7)) to commit the crimes of Harassment in The Second Degree, CGS. 53a-183 and Criminal Attempt to commit Larceny in the First Degree, CGS 53a-48.53a-122, and it was believed that evidence of the violations, and/or records of and/or documentation of these criminal activities will be found on the computer systems (as defined by e.G.S. 53a-250(7)) and all electronic storage media as described herein, located within 832 Glacier Way Southington, Connecticut. 16...0n March 5, 2012 at about 1400 hours affiant Seal and others went to 832 Glacier Way Southington Connecticut. Rita Clark, a 92 year old female, was at the residence. She advised us that she lives there with her two sons, Timothy Clark and Scott Clark who were currently working. Rita said she has a desk top computer that has internet capabilities through Cox Communications but she never uses it. Rita said her two sons use the computer occasionally. Rita told the affiants that she doesn't know anyone by the name of Christian Bedard or anyone with the last name of Bedard. Rita called her son Timothy at work. Affiant Seal spoke with Timothy who stated he did not know anyone named Christian Bedard. Timothy said he has a facebook account in his name but rarely goes on facebook. Timothy said the internet at the residences is set up with a new wireless router that is password protected. He said it was set up about six months ago but wasn't sure on the date. He said before installing the new router it was unsecured and allowed access to the internet from anyone within and provided us with his range without password protection. Timothy said the name of his network is current password, . 16a...The affiants checked the exterior surroundings of 832 Glacier Way for internet access areas. No exterior access areas was located. It was also noted that Timothy Clark is 57 years old and Scott s 60 years old. The suspect, Christian Bedard is currently age 37. Timothy and Scott are not married and don't have younger children. He said that at no time was anyone in his residence named Christian Bedard. A nexus other than information obtained from Cox Communications could not be established between Bedard and 832 Glacier Way. The search warrant was not served and no items were seized. 17...That on March 9, 2012 Affiant Beal contacted Cox Communications regarding the information they provided in the and its address being 832 Glacier Way Southington Connecticut. Further inquiry into ExParte regarding the IP the IP revealed that the IP is a Dynamic IP and not a Static IP. This means this particular IP can change. A Static IP is an IP address that is distinct to a specific physical address. The date that COX Communications provided for the IP address on 832 Glacier Way was the date they received the ExParte being 1/18/2012 through 1/19/12 and not the dates of the Facebook entries being 12/18/2011 to 12/20/2011. The entry dates of 12/18/2011 to 12/20/2011 revealed a different result and clearly shows that when the facebook entries were made on those dates by Christianbedardl, they were made from 43 Hunting Hills Drive Southington Connecticut. This physical address belongs to Elaine Bedard who is the mother of the suspect Christian Bedard who also according to police documents resides at 43 Hunting Hills Drive. In addition, DMV records show Christian Bedard, Date of Birth 10/30/75 having a listed address of 43 Hunting Hills Dr. Southington, Connecticut. This clearly creates a nexus between the Facebook entries and 43 Hunting Hills Drive. 18...That the residence of number 43 Hunting Hills Drive Southington, Connecticut is described as being a single residence on Hunting Hills Drive, located on the north side of the roadway, Yellow in color with white trim, and numbered 43 on stone pillar with light post where the roadway meets the driveway to the residence.

(This is page 5 of a 10 page Affidavit and Application.)


CitylTown

Jurat
JD-CR-61 Rev. 3-10

19...The items seized will be submitted to the Southington Police Department, or another law enforcement agency with a similar laboratory setting and expertise for performing physical and investigative/forensic examinations. The physical and investigative/forensic examination will include making true copies of the data and examining the contents of files. 20...Therefore, based on the preceding information, your affiants believe there is sufficient probable cause for a search and seizure warrant for any computer system (as defined by e.G.S. 53a-250(7)} that may have been used to "access" (as defined by e.G.s. 53a-250(1)} "data" (as defined by e.G.S. 53a-250(8)} relating to the production of facebook documents; computer related documentation whether in written or data form; other items related to the storage of book draft writing documents; records and data for the creation, sales of book type naming "Carl Pavano"; book publication contracts, any passwords used to restrict access to the computer system or data and any other items related to the production of book documents. In addition, any book records and receipts that can show personal benefit to the suspect including, but not limited to paper documents such as notes, letters, receipts, memoranda, practice documents and examples of publication documents at 43 Hunting Hills Drive Southington, CT. Therefore, your affiants are requesting a search and seizure warrant searching 43 Hunting Hills Drive Southington, CT and its curtilage.

(This is page 6 of a 10 page Affidavit and Application.)


CityfTown

Jurat
JD-CR-61 Rev. 3-10

The undersigned ("X" one)

D
D

has not presented this application in any other court or to any other judge or jUdge trial referee. has presented this application in another court or to another judge or judge trial referee (specify):

Wherefore the undersigned requests that a warrant may issue commanding a proper officer to search said person or to enter into or upon said place or thing, search the same, and take into custody all such property.

IE] And to submit the property described in the foregoing affidavit and application to laboratory analysis and examination:
To the Southington Police Department IT Division, or other law enforcement agency with similar laboratory setting and expertise for performing physical and investigative forensic examinations, to include making true copies of data.

(This is page 7 of a 10 page Affidavit and Application.)


Cityrfown Date

Jurat
JD-CR-61 Rev. 3-10

AFFIDAVIT REQUESTING DISPENSATION WITH REQUIREMENT OF DELIVERY pursuant to 54-33c, Connecticut General Statutes TO: A Judge of the Superior Court or a Judge Trial Referee

For the reasons set forth below, the undersigned, being duly sworn, requests that the judge / jUdge trial referee dispense with the requirement of C.G.S. 54-33c that a copy of the application for the warrant and a copy of any affidavit(s) in support of the warrant be given to the owner, occupant or person named therein with forty-eight hours of the search:

o The personal safety of a confidential informant would be jeopardized by the giving of a copy of the affidavits at such time; o The search is part of a continuing investigation which would be adversely affected by the giving of a copy of the
affidavits at such time;

o The giving of such affidavits at such time would require disclosure of information or material prohibited from being
disclosed by chapter 959a of the general statutes;

o In addition, it is requested that the requirement of advance service of this warrant upon the customer whose financial
records are being sought, be waived pursuant to C.G.S. 36a-43 (a);
and the specific details with regard to such reasons are as follows:

The undersigned further requests that this affidavit also be included in such nondelivery. (This is page 8 of a 10 page Affidavit and Application.)
Cityrrown Date

Jurat
JD-CR-61 Rev. 3-10

SEARCH AND SEIZURE WARRANT

STATE OF CONNECTICUT SUPERIOR COURT

SEARCH AND SEIZURE WARRANT

The foregoing Affidavit and Application for Search and Seizure Warrant having been presented to and been considered by the undersigned, a Judge of the Superior Court or a Judge Trial Referee, and the foregoing Affidavit having been subscribed and sworn to by the affiant(s) before me at the time it was presented, the undersigned (a) is satisfied therefrom that grounds exist for said application, and (b) finds that said affidavit established grounds and probable cause for the undersigned to issue this Search and Seizure Warrant. such probable cause being the following: From said affidavit, the undersigned finds that there is probable cause for the undersigned to believe that the property described in the foregoing affidavit and application is within or upon the person, if any. named or described in the foregoing affidavit and application, or the place or thing, if any. described in the foregoing affidavit and application, under the conditions and circumstances set forth in the foregoing affidavit and application. and that, therefore, a Search and Seizure warrant should issue for said property.
I

NOW THEREFORE, by Authority of the State of Connecticut, I hereby command any Police Officer of a regularly organized police department, any State Police Officer, any inspector in the Division of Criminal Justice. or any conservation officer, special conservation officer or patrol officer acting pursuant to C.G.S. 26-6 to whom these presents shall come within ten days after the date of this warrant to enter into or upon and search the place or thing described in the foregoing affidavit and application, or search the person described in the foregoing affidavit and application or both. to wit:

Bedard residence at 43 Hunting Hills Drive Southington, Connecticut is described as being a single residence on Hunting Hills Drive, located on the north side of the roadway, Yellow in color with white trim, and numbered 43 on stone pillar with light post where the roadway meets the driveway to the residence.

for the property described in the foregoing affidavit and application, to wit:
Any computer system (as defined by C.G.S. 53a-250(7)) that may have been used to "access" (as defined by C.G.S. 53a-250(1)) "data" (as defined by C. G.S. 53a-250(8)) relating to the production of facebook documents; computer related documentation whether in written or data form; other items related to the storage of book draft writing documents; records and data for the creation. sales of book type naming "Carl Pavano"; book publication contracts. any passwords used to restrict access to the computer system or data and any other items related to the production of book documents. In addition. any book records and receipts that can show personal benefit to the suspect including, but not limited to paper documents such as notes. letters. receipts. memoranda, practice documents and examples of publication documents. The items seized will be submitted to the Southington Police Department IT Division. or another law enforcement agency with a similar laboratory setting and expertise for performing physical and investigative/forensic examinations. The physical and investigative/forensic examination will include making true copies of the data and examining the contents of files.

[RI

submit the property described in the foregoing affidavit and application to laboratory analysis and examination:

To the Southington Police Department IT Division, or other law enforcement agency with similar laboratory setting and expertise for performing physical and investigative forensic examinations, to include making true copies of data.

and upon finding said property to seize the same, take and keep it in custody until the further order of the court, and with reasonable promptness make due return of this warrant accompanied by a written inventory of all property seized. that the judge or trial referee dispense with the requirement of o The foregoing requestsuch request also judge of the warrant nondelivery thehereby: occupantC.G.S. 54-33c that a copy of the the warrant application and affidavit(s) in support be given to owner, or person named therein and that be included in such is affidavit in support of

o GRANTED for a period of

NOT TO EXCEED 2 WEEKS BEYOND DATE WARRANT IS EXECUTED

o o

This order. or any extension thereof, dispensing with said requirement shall not limit disclosure of such application and affidavits to the attorney for a person arrested in connection with or subsequent to the execution of the search warrant unless. upon motion of the prosecuting authoritY\"Iithin t\"Io'l-lseks ofsuch arraignmentthecQurtfindsthatthestate'sinterestincontinuingnondisc!osure substantially outweighs the defendant's right to disclosure.

DENIED.

Service of this Search Warrant upon the customer whose financial records are being sought is hereby waived, pursuant to e.G.s. 36a-43 (a).

(NOTE: AFFIANT'S OATH MUST BE TAKEN PRIOR TO JUDGE I JUDGE TRIAL REFEREE SIGNING BELOW)

(This is page 9 of a 10 page Affidavit and Application.)


a.m. p.m.

JD-CR-61 Rev. 3-10

RETURN FOR AND INVENTORY PROPERTY SEIZED ON SEARCH AND SEIZURE WARRANT
Judicial District of

I Inventory control number


Date of seizure

BRISTOL
Docket number

I~;

At (Address of Court)

131 North Main Street Bristol Connecticut


Uniform arrest number

I Police case number


11-21928

3/21/2012
Companion case number

CR-

Then and there by virtue of and pursuant to the authority of the foregoing warrant, I searched the person, place or thing named therein, to wit: Bedard residence at 43 Hunting Hills Drive Southington, Connecticut is described as being a single residence on Hunting Hills Drive, located on the north side of the roadway, Yellow in color with white trim, and numbered 43 on stone pillar with light post where the roadway meets the driveway to the residence.

and found thereon or therein, seized, and now hold in custody, the following property:
~ Total Cash Seized:

0.00 -=.;:;...::.---------- , consisting of

Item # 1: One (1) Dell Laptop Computer with power cord, SN # 00144-359-685714 Item # 2: One (1) notebook containing handwritten journal from Christian Bedard

---------------------the dwelling, structure, motor vehicle or place designated therein, or to ------------------the person named therein, on (Date) 3/21/2012 -----------(This is page 10 of a 10 page Affidavit and . ation.)
Date Sig d (0 'cere signal
and dep. rtm nl)

and I gave a copy of such warrant to

Elaine Bedard

, the owner or occupant of

NOTE: Form JD-CR-61, pages 1 - 10 must be supplemented


JDCR61 Rev. 310