ARREST WARRANT APPLICATION
STATE OF CONNECTICUT SUPERIOR COURT www.judct.gov
JD-CR-64b Rev. 4-08 CGS. ยง 54-2a
Pr Bk. Sec
3C,<1
NAME. J\ND RESIDENCE (Town; .oF ACCUSED
Kevin Benefield
of
Bronx
NY
APPLICATION FOR ARREST WARRANT TO: A Judge of the Superior Court The undersigned hereby applies for a warrant for the arrest of the above-named accused on the basis of the facts set forth in the:
[1'AFFIDAVIT BELOW.
Gr' AFFIDAVIT(S) ATTACHED. T,Y~E/PRINT NAME QF PRO,SE,CUTING ~UTti~9~TY f~\ \ L \,C'-.i \. _\.) (>.-' ( "'~ 1('\ \ .. .\/
DATE AND SIGNATURE
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AFFIDAVIT The undersigned affiant. being duly sworn, deposes and says: I. That tht undersigntd, Lieutenant Robert Flis is a member of the Wallingford Police Depi1l1ment and has been a member of said department for over twenty-four (24) years prior to the date hereof and al all times mentioned herein was acting as a member of said dep~lrtlllent. Further, the undersigned is clIrrently assiglli:d as the Commander of the Detective Division, responsible investigating and managing criminal investigations and has received considerable training and cxperience in criminal investigations. FUl1her, that the facts and cireulllstances herein arc stated from personal knowledge and observations as \\'ell as froIll tbe informat ion of other officcrs and official documcntation,
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2. That 011 September 3, 1986 at 7:02 AM a sexual assault and murder was rcp0l1ed to the Wallingford Poliee Department. Ernest llernandez, a worker at RS Molding, 49 Capital Dr, Wallingford, CL reported that when Iw arrived at \york that morning he discovered a co-worker, 30, was dead on the office 11001'. wearing nothing but shoes, laying in a pOt)1 the sole worker at RS Molding on the shift beginning at 10 PM September 1, \Vhell she relie\ed another worker, until 6:30 AM on September 3, when Hernandez was supposed to arrive at \\orl\. and r e l i e v c _
3. Thai till' initial police irl\cstigation and autopsy 1'C\'ealcd that killed as a r~>slllt of blunt trauma in/licled to her head and neck area, manner Illg ruled a homicide. Dr. rVlcDonough, who performed the autopsy, later testified that the injuries that caused her death \\elT multiple blows to the head with the Coret being enough to fracture bone. The autopsy rep0!1 states that there was a "suggestion of sexual assault with 1/8 in laceration orlhe periallalllHlcosa" and "sperm identified in vaginal and rectal smears:" . . /__
DATE AND
Of
a.~_
page Affrdavil)
c,nE
S1GN/~.rURE
JURAT
,,1'-1
Application for an arrest warrant. and affidavit(s) attached to said Application. having been submitted to and the undersigned, the undersigned finds from said affidavit(s) that there is probable cause to believe that c f fe:1s"? has been committed and that the accused committed it and, therefore, that probable cause exists for
ARREST WARRANT AFFIDAVIT CONTINUATION PAGE JD~CR~64a
Rev 1O~04
INSTRUCTIONS: IS
The prosecutor/al and sign or initia!
CGmp/eted fOf each ,oage of Ihe affidavit o~Fficia/ end judge,judge tna! referee 10 page ind!,::ate thal they !,ave re\,/Iev,:ed it
HFLD 1'.1 (TOIenl
NAME AND RESIDENCE (Town) OF ACCUSED
Kevin Benefield
STATE OF CONNECTICUT SUPERIOR COURT
of
Bronx, NY AFFIDAVIT
The undersigned affiant, being duly sworn, deposes and says:
Samples of these areas were obtained by the medical examiner and forwarded to the Connecticut State Police Forenslc Laboratory, labeled as 101-al1al swab, I02-vaginal swab, 103-oral swab, and 400-vaginal swab. The Forensic Lab, in a repUr1 datcd 01-21-87 statcd, "spermatozoa were identified on extracts made fwm # 102 and #400." 4. That in September 1987 Wallingford Police detectives obtained several statements that impJ icated three people in the scxual assault and murder of Specifically, John Card and Marill! FJaler ga\'e sworn statements in which they sai tvEgoon (died in June 1987) and had come tu their home shortly after the murder and related details of the crime and their involvement along with a third pcrson . • • • \HIS arrested for the 5. That as a resul! of the abU\c mentioncd information murder and sexual assault or maintained his innocence during the police investigation and trial. Ik was subseqllcn convicted f()r this crime 011 November 27,1989 and sentcllced III 50 years ill rrison. During the triaL John Card and I'v1arilu Flakr testified relativc to the inrmlllationlll\.~y prm'ided to tl)c police. No physical evidellce was presented that linked or the other \\\0 people implicated by Card/Flakr to the crime.
() That ill 2009 attorneys initiated the process for posh:onyiction DNJ\ testing the evi,knee related to till::, case. Subsequently, tho: Conllecticut Stato: Policc Forensic Laboratory reexamined Illllncrolls pieces of L'videncc. Specifically, e\id<:lIcc was examined for the pITSL'nce of [)"JA \\ ith :,cientilic processes that were not av,ylable on or before 1989. A single male DNA profile was ubtained OIl sevcral pieces cvidence il]cJudin sperm samples rCl'~l\ ...::n:d 1I'1l1ll the \ictilll~' vagina. e\idencc items 102 and 400 s well as tile other twu people implicated by Card and Flaler arc excluded as being the donors of this DNA.
or
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7. That bascd
thi" e\'idcllce, on August 19,2009 Judge Damiani lLnmted a motion vacatin!2 CllJl\icti()11 j{lr this cCrime, dismissing ,711 charges against_and n:lcas~d him from the custody of the Dc"partl1lcnt or Corrections. OIl
8. That on September 21, 2009 the undersigned submitted additional cvidence in this case to the COllllecticut State Polic(:' Forensic Laboratory. This e\'idence consisted of known saliva samples of people who were intcnic\\ed about the mmdcr ill 1986 by investigators. Thcse persons knl'\\ the ,ictim anchJr \\orked or \\0:1'(." in the area of RS tVlolding. Included ill this submission was cvidellc(:' ikm it 21/, a :;ali\;! sample ofKc\in Bencfield DOB: IO~19-64, all African Amcricall mak, taken with \\Titten consent from Benefield on 09-12-86.
(TillS is
DATE /,.ND S!GNr;TURE
NO
7
ARREST WARRANT AFFIDAVIT CONTINUATION PAGE JO-CR-642 Rev. 10-04 S 54-22
8h "
36-1. 3(;-2
- . - - _..._--W\f\1E AND RESIDENCE (To,,,;) "~
"
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---_.------._-
Kevin Benefield
INSTRUCTIONS:
The jurat is to be The prosecutor!af and sIgn or fniffal each ..........
of
of the affIdavit
STATE OF CONNECTICUT SUPERIOR COURT
Oie)' 'u~路C' .......
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BE HELD .AT !. Town)
Bronx
NY
The undersigned affiant, being duly sworn, deposes and says
9_ That on October 26, 2009 the ulldersigned received a writicn report from the Connecticut State Police Forensic Laboratory regarding the recent sublllissions including the saliva sample of Kcyin Benefield, These results werc compared to the results pre\ iousl: replH1ed that had been obtained from the \aginal swabs taken during the autops:, items # I 02 and iI.+OO. The rl'stIlts are as follows: Kevin Benefield cannot be eliminated as thc source of the DNA prolik from item 2-S2B (vaglllal s\\ab-slide # I 02-sperl1l rich fraction). The cxpected frequcncy of individuals who cannot be eliminated as the sourcc of the Idelltifiler DNA profile (at loci D8S 1179, TH01, 016S539, D19S433, and D5S818) and the PowerPlcx- Y DNA profile (at loci DYS391, DYS389L DYS438, DYS437, and 1)'{S385) from item :':>S2B is approximately I in 99 million ill the African American population. Knill BCllclieJd cannot be eliminated as the source or the I)]\;i\ prolili: frolll item 4-S2B (\aginal swab-slide #,WO-sperm rich fraclloll). The expected frequency ,If indi\ iduals \\ Illl cannot be eI iminated as the source of the Identili ieI' () NA pr()fi Ie (Ht loCi DHS I I 79, 1)3 S 13 8, D 16S539, D 19S4:; 3, and 1)5 S8 18) and the I\m erPlex- '{ DN A prolile \ at loci DYS39L DYS389L I)YS439, 1)):S438, D1'S-13 . DYS193, I)YS3lJO. and DYS38'i) from item 4-S213 is approxilllately I ill 790 llIillil)IJ ill the African Al1lerican population. Kevin Ikncfield canllot be eliminated as a cOlltrihutor tn thc DNA protilc from itcm'+ .. S3A, which is it mixture, (vaginal swab-slide #4()()-epitllclial rich ti路acti(lIl). The cxpccted rlcqucllcy of individuals whu canllot be eliminated as the snuree of thc IJelltifikr DNA profile (at all loci cxcept CSF I PO alld D 18S51) and the l'c)\\ erl)lcx- Y ])!\A pl\)Jlk (at lOCI 1)1'5391, DYS3S91, 1)1'543<), D1'SJ89IL D1'S438, DYS路Ui. /)Y5393. [)1'S390. D1'S385) from itcm 4-S3/\ is approximate I) I ill 360 million in thc AfrIcan AllIcrican population
or
[0. That at the time thc murder, Kevin Bcnelield repnlted [0 im estigatur:; he \\as cll1plll) cd at Central COllllecticut Caterers at 53 Capital Dri"e. Previous tu tillS hc \\\.lrked at Cal LhlUtique at 51 Capital Dr. Both of these businesses werc locatcd with ill the same building as RS \lolding (,W Capital Dr). II. That un Sepkmber ~L 1986 Oct. Peter Call1eron and Det. [)()uf', Fairchild intervlc\\cc! Kc\ in Benl'lield at the Wallingford Police rtmen\. In this intenic\\. \\ hich \\as \ideotapcJ. BCllcficld said he talked to . olle time onl). He had COIll\;' back !'rum a job at Ccntral Ct Caterers before 12 (midnight) and she \\as outsidc smoking a cigarette. She ilhjlcatc,i it \\as hot so he ,vent and got her a soda and brought it into RS i\1oldin;:.-.- \\ here she \\as \\,lr"-ill;:'. " - .
3 S!GNJ;1URE
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ARREST WARRANT AFFIDAVIT CONTINUATION PAGE Rev 10-04 54-2a 36路1. 36-2.
INSTRUCTIONS:
JD~CR-6c!a
NAME fiND RESIOf'NCE
ano
Df the affidavit offlciai and judge judge tna! referee are to date page to Indicate that the} reviewed It.
STATE OF CONNECTICUT SUPERIOR COURT
NO
ACCUSED
__ K E:;_v_i_~_._B_eI1~ fie 1 d___...___o.~_f.__ ._ B rgn X
L!'L'L.__ AFFIDAVIT
The undersiQr).ed affian,t, bB~n,q.dlJlv sWQ!g ilRoses ~[)d savs. . . V\lllile IIlslde l{:-' NiOldlng. c..gave 111m a ,\mston cigarette. He also recalled seelllg a thermos she had, believing it was blue in color. According to Benefield, was working alone in RS Molding when this took piace.
12. That during this inter\'iew Benefield said he worked at Central Ct Caterers the Friday before the murder and went out to dinner with Paula Sanzam (owner of RS Mold ing) and her boyfriend
that Friday night. At the time of the intervie\\ hc gave investigators a copy of a time sheet that s!Jm路vcd he worked that Friday. Aug 29 and then again on Saturday Aug 30 fi-om 8:00 to 6:45 and on Sunday, Aug 31 fi'om II :30 AM to 10:00 PM. I-Ie said he had not come to Wallingford at all that IVlonday or Tuesday (Sept I and Sept 2); his first time back in Wallin ford is when he came to \\ork for 11 AM on \Vcdnesday, Sept. 3 (the morning that was found dead).
13. That the victim had only worked at RS Molding for a short time and had only worked for three llights on her O\,n, these being Sunday, Aug 31 10 PM until 6:30 AM. Monday, Sept I 10 PM until 6:]0 At--l, and Tuesday, Sept 2 10 PM until she was sexually assaulted and murdered during that shifi. All the nights she worked before this were with another male cll1ployu', Roman Cyrul. 14. That accordin~ to the taped interview of Benefield and the repol1s assembled by Del. Cameron and Del. Fairl'llild. Benefield reported on the night of the murder that he had been \\ith his girlll'iend until around midnight and then out with his COLIS in drinking at a bar in New Haven until2 AM. lie then went hOlllc alonc to his apartment ill New llaven. Thcse same reports IIH.licatl:' that Lkncfield girifriend told investigators he was with her until around 3 AM that morning. When inn:stigators asked Benefield about the discrepancy bet\\cell he and his t'irlfriends statemcnts. he speculated that she m;}: h;l\e had the dates wrong as she lIad stayed at his apartment J'\'londay night. but not TUL:sday night.
15 That Dr. McDonough, the medical examiner \\110 responded to the scene of the murder, performed the autupsy Oil the \ ictil1l, and later was called to testify during the trial in 1989, \'as asked during the testiIl10ny about estimat ing the t ll11L: of the viet il1l's death. He (esti fied that there is "110 sciellfijit' )my 10 do allY !('sls aflcr dealh fO l/WTOW dOIOI !hf' limc to hours and filiI/illes." He wellt 011 to lkscribe how hL: uses the facts of the case (she started work at 10 PM and was possibly seen at 11 :30 Pi\l) and then the ph) sical condition the body upon examination to estimate '- ... 2 !o .f o'clock ill Ihe lIIorning RUI Ijsollll.:'one wId /11(' i! WilS midnighl lha! ll'Ou/d cerroilily he 11illiill Ihe rco/m o/possibilif)'. 11l'OU/d say fliar if \lould hc doser fa rIll! heginning fhl:' shill !lIOn of IiiI.:' clld ht!r shift. ,.
or
(TJ'JfS
DATE AND SIGNATURE
Ll"-TE
ARREST WARRANT AFFIDAVIT CONTINUATION PAGE JD~CR-64a
C
搂
Rev 10-04
54~2a
PL Bk S8C, 36路-;
INSTRUCTIONS:
jurat is to Cottip/efec1 ror eaen page of the affidavit The prosecutO(l3 i ot-:/cia/ and judge/judge trial referee are to date; anI) sig:-'} to indicate they' ilavD reviewed rt
"JNvIE '-',ND RESIDENCE (T::wen) OF
Kevin Benefie,ld
STATE OF CONNECTICUT SUPERIOR COURT
TO BE HELD ;',1 (Tow/I)
of
The undersigned affiant, being duly sworn,
Bronx,
NY
riden
and says:
16. That based on the facts of the \ictim hining been fOlllld naked (only wearing shoes), and the autopsy rep0l1 indicating possible sexual assault based 011 the finding of sperm and small tearing_ there is ample reason to believe that the sexual assault and murder were done contemporaneously, FUlther that forensic DNA testing shows Kevin Benefield cannot be eliminated as the donor of the single maJe DNA profik found on samples taken from the victims' vagina and the expected frcq nellc ies of ind iy iduals ill the A fri..:an American pupulation that cannot be el iminated is 1 III 790 million. 17. Wherefore, the undersigned respectfu JI)' requests the issuance of an arn:st warrant as there is probable calise to belie\c that KevlIl 1\1. BenefIeld DOB: 10-19-64, did cOllll11it the crimes of Murder and Sexllal Assault ]" Degree in \'i~)I~ltlon ofConnecticlit General Statutes 53a~54a alld 53a~70 on or about September 3. 1986 in the TO\\l1 of Wallingford ,1"
DATE AND SIGNATURE