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ARREST WARRANT APPLICATION
For Court Use Only
STATE OF CONNECTICUT SUPERIOR COURT
JD-CR-64b Rev. 10-10 C.G.S. § 54-2a Pr. Bk. Sec. 36-1, 36-2, 36-3
Supporting Affidavits sealed
D
www.jud.ct.gov Agency name
Police Case number
IMeriden Police Department
16-009142
Residence {Town) of accused
Name {Last. First, Middle Initial)
I
Bessemer City, NC.
Ziolkowski, Karin
D
Yes
No
Agency number
I080 Court to be held at {Town)
I
New Haven
I
Geographical
Area number
JD
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: [;g] Affidavit Below. Affidavit(s) Attached.
D
Signed {Pro
Date
T
e rint name of prosecuting authority
17 ;cl( :S.
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Affidavit The undersigned affiant, being duly sworn, deposes and says:
1. The Affiant, Detective Angelo Stavrides, being duly sworn, does depose and state he is a member of the Meriden Police Department (MPD). Furthermore, that he has been a member of said Department for approximately sixteen years prior to the date hereof, and at all times mentioned herein was acting as a member of said Department and also the following facts and circumstances are stated from personal knowledge and observation, as well as information received from brother Officers, acting in their official capacities. 2. On November 14, 2016, at approximately 0717 hours, the Meriden Fire Department (MFD) responded to a house fire at a single family home at 13 Davis Street. Responding firefighters reported that upon arrival, neighbors alerted them that there was likely a mother and child inside the home. 3. MFD used forced entry to gain access to the locked home, and reported heavy smoke with nearly zero visibility within. Upon entry MFD located two potential victims in a child's bedroom located on the first floor of the residence. A female later identified as Karin Ziolkowski was located on the bed near the body of an unresponsive male child. The child was subsequently identified as the eight year old son of Karin Ziolkowski and will be hereafter referred to as the Victim. MFD personnel tried to resuscitate the Victim on scene, but were unsuccessful. 4. Karin Ziolkowski was transported to Hartford Hospital, where she was treated for smoke inhalation, and an "altered mental status". The Victim was transported from the scene to MidState Medical Center in Meriden, CT., where he was officially pronounced dead. 5. Detective Jon Femia arrived at 13 Davis Street, at approximately 1023 hours. Upon arrival, he spoke with Assistant Fire Marshall John Yacovino who reported that the fire appeared to have originated in two independent locations within the home, the basement and a first floor bedroom. Fire Marshall Steve Trella subsequently determined that there were no accidental (This is page 1 of a 9 page Affidavit.) Date
Signed {Affiant)
Subscribe
Jurat
Finding The foregoing Application for an arrest warrant, and affidavit(s) attached to said Application, having been submitted to and considered by the undersigned, the undersigned finds from said affidavit(s) that there is probable cause to believe that an offense has been committed and that the accused committed it and, therefore, that probable cause exists for the issuance of a warrant for the arrest of the above-named accused. Date and Signature
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ARREST WARRANT APPLICATION JD-CR-64a Rev. 10-10 C.G.S. ยง 54-2a Pr. Bk. Sec, 36-1, 36-2, 36-3
STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov
Name (Last, First, Middle Initial)
Residence (Town) of accused
Court to be held at (Town)
Ziolkowski, Karin
Bessemer City, NC.
New Haven
Geographical Area number
JD
Affidavit - Continued sources of ignition in the home and that the fire was intentionally set. 6. On November 14, 2016, at approximately 1230 hours, this Affiant responded to Hartford Hospital, where he met with Marc Ziolkowski, who was identified as the Victim's biological father, and the estranged husband of Karin Ziolkowski. Mr. Ziolkowski reported that he rushed to Hartford Hospital upon learning of the fire. He stated that he was at 1.57 Red Mountain Road, Torrington, CT., the home of his.girlfriend, Rebecca Bridge, whom he stays with every other weekend. 7. Crisis Intervention Specialist Pam Kudla and Hartford Hospital social worker Clare Cryat, from the ICU went to Karin Ziolkowski's room. Kudla reported Karin was laying in bed, with an oxygen mask on, facing straight up. She stated the social worker introduced herself, and then introduced Kudla, from the MPD. Kudla reported that when the social worker introduced her, Karin turned her head away from them, stared straight ahead, her eyes filled with tears. Kudla reported that the social worker then told Karin that her son was dead. She stated that Karin didn't show much expression when she was told, and just looked straight ahead. 8. On November 14, 2016, a court ordered search and seizure warrant was executed for the processing of 13 Davis Street as a crime scene, and furthermore allowing any evidence collected from that scene, to be sent to the Department of Emergency Services and Public Protection (DESPP) Forensic Lab, for analysis. MPD Detective John Cerejo and Fire Marshall Trella collected five samples from the two suspected points of origin within the home and forwarded the samples to the lab for testing. 9. Upon further inquiry, the DESPP Forensic Lab stated that analysis of the submissions revealed the presence of a medium boiling range petroleum distillate compound. Some examples of such compounds include, but are not limited to charcoal starter fluid, paint thinners, cleaning solvents, and lamp oils. 10. On November 15, 2016, Detective Cerejo attended the autopsy of the Victim at the Office of the Chief Medical Examiner (OCME), in Farmington, Connecticut. At that time, Cerejo seized among other things blue pajama pants and boys underwear that were worn by the Victim at the time of the fire. 11. Associate Medical Examiner, Dr. Gregory Vincent, M.D. performed the autopsy and certified the cause of death as Homicidal Asphyxia, with a contributing cause of death as acute Diphenhydramine intoxication. He certified the manner of death as homicide.
(This is page 2 of a 9 page Affidavit.) Date
Ju rat Date
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ARREST WARRANT APPLICATION JD-CR-64a Rev. 10-10 C.G.S. ยง 54-2a Pr. Bk, Sec. 36-1, 36-2, 36-3
STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov
Name (Last, First, Middle Initial)
Residence (Town) of accused
Court to be held at (Town)
Geographical
Ziolkowski, Karin
Bessemer City, NC.
New Haven
Area nurnber
JD
Affidavit - Continued 12. Dr. Vincent reported to this Affiant that Diphenhydramine is an antihistamine that in its oral form can treat hay fever, allergies and cold symptoms. It is an ingredient commonly found in over the counter products such as Benadryl. Dr. Vincent stated that the level of Diphenhydramine in the Victim's system was more than twice the level associated with normal therapeutic use and potentially placed him in a twilight state of incapacitation, but was likely not high enough to be lethal.
13. Dr. Vincent's final anatomic diagnoses detailed in the autopsy report note the presence of multiple petechiae on the Victim's face, eyes, chest and heart. Petechiae are pinpoint, round spots that appear on the skin as a result of burst blood vessels. The blood causes the petechiae to appear red or purple in color. According to Dr. Vincent, asphyxia is broadly defined as the interference with the intake of oxygen. The presence of petechial hemorrhages on the locations noted above are characteristic of certain asphyxia! mechanisms. Dr. Vincent further noted that the Victim exhibited no evidence of smoke inhalation or thermal injury, and that his Carboxyhemoglobin saturation was 0.8%, which is within the normal range. Carboxyhemoglobin is defined as a stable complex of carbon monoxide with hemoglobin that forms in the red blood cells when carbon monoxide is inhaled. Carboxyhemoglobin saturation is the percentage of hemoglobin in the body that is bound to carbon monoxide. Carbon monoxide is naturally produced during fires and inhaled by fire victims. 14. Based on the above factors, Dr. Vincent concludes that the Victim was deceased prior to the smoke reaching the Victim. Further, Dr. Vincent noted that the Victim exhibited no evidence of gross or microscopic evidence of natural disease that would account for his death. Dr. Vincent reported to this Affiant, that the autopsy of the Victim precludes any other reasonable hypothesis as to his cause of death other than Homicidal Asphyxia, with a contributing cause of death of acute Diphenhydramine intoxication. 15. On November 15, 2016, at approximately 1305 hours, the Affiant received a telephone call from a caller who identified herself as Karin Ziolkowski's stepmother, Vanessa (Devito) Mcloughlin, of Bessemer City, North Carolina. She stated that Karin was planning on moving in with her and bringing the Victim with her. She stated that Karin and Marc fight all the time, and that the Victim was in counseling at school over the matter. She stated that Marc was verbally abusive to Karin and that Karin was afraid of him. 16.
On November 15, 2016, at approximately 1645 hours, Detective Shane Phillips and the Affiant interviewed Karin Ziolkowski while she was recovering at Hartford Hospital. Karin Ziolkowski reported that she had been verbally abused by Marc Ziolkowski during the course of their marriage. She confirmed that her husband would stay at a friend's house whom she referred to as "some slut 11 , every other weekend. She also claimed that he had several girlfriends. (This is page 3 of a 9 page Affidavit.) Signed (Affiant)
to C)
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โ ข ARREST WARRANT APPLICATION JD-CR-64a Rev. 10-10 C.G,S. ยง 54-2a Pr, Bk, Sec. 36-1, 36-2, 36-3
STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov
Name (Last, First, Middle Initial)
Residence (Town) of accused
Court to be held at (Town)
Ziolkowski, Karin
Bessemer City, NC.
New Haven
Geographical Area number
JD
Affidavit - Continued 17. Karin Ziolkowski reported that she moved into the 13 Davis Street home in June of 2016, because she was being evicted from her home. Marc offered to take her and the Victim in as they had no other place to live. She stated Marc would stay away when he felt like it on some weekends. Karin stated she would have to take the Victim to work with her or sometimes cancel her plans because Marc would go away. She stated that "he didn't give a fuck". She stated she hoped to move to North Carolina. Karin stated she asked Marc to give her permission to leave the state through an agreement in their pending divorce, but he had refused. 18. Karen Ziolowski stated that the Victim had no known medical conditions. She claimed to have no memory about the morning of the fire nor the evening before. Furthermore, she did not know if she had ever suffered memory problems prior to this incident. 19. On November 16, 2016, at approximately 2040 hours, Marc Ziolkowski was voluntarily interviewed at the MPD. He provided information and details concerning his marriage to Karin Ziolkowski. He stated that they married in January of 2008 after learning that she was pregnant with the Victim. 20. Marc Ziolkowski stated that around September of 2015, he and Karin separated, and she moved into 54 Olive Street, Meriden, CT. with the Victim. He stated that Karin appeared miserable and depressed because of their marital problems. In March of 2016, they filed for divorce. He stated that Karin had hinted at suicide and was usually out of work. Marc said that Karin was being evicted from her residence, and she told him that if she couldn't move in with him at 13 Davis Street, Meriden, Ct., that she would take the Victim and permanently move to North Carolina, as she had family there. 21. Marc Ziolkowski stated that when he and Karin originally separated, they set up a visitation schedule which allowed him to have the Victim every other weekend. He stated that he did not wish to give up this schedule, even though they were now all living together at 13 Davis Street. He stated that while they were living together on Davis Street, some days were good and others were tense. Marc Ziolkowski confirmed that the Victim had no known preexisting medical conditions, took no medications, and was a light sleeper. 22. Marc Ziolkowski said that during the several weeks leading up to the fire, Karin was "a little harder" on the Victim than before. In the prior two weeks, Karin yelled at him and sent him to bed twice without dinner. He confirmed that Karin Ziolkowski had exhibited no memory problems, and she could remember the "stupidest stuff" from years past. 23.
Marc Ziolkowski stated that on Friday, November 11, 2016, at approximately 6:00 PM, he
(This is page 4 of a 9 page Affidavit.) Signed (Affiant)
โ ข ARREST WARRANT APPLICATION JD-CR-64a Rev. 10-10 C.G.S. ยง 54-2a Pr. Bk. Sec. 36-1, 36-2, 36-3
STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov
Name (Last, First, Middle Initial)
Residence (Town) of accused
Court to be held at (Town)
Ziolkowski, Karin
Bessemer City, NC.
New Haven
Geographical Area number
JD
Affidavit - Continued left Karin Ziolkowski and the Victim home at 13 Davis Street so that he could spend the weekend with his friend Rebecca Bridge at her home in Torrington. As he was leaving she called him a "fucking liar" and he believed that she may have discovered an old e-mail account, confirming that he had been cheating on her during the marriage. 24. That this Affiant spoke to several family members of Karin Ziolkowski that live in North Carolina. In various ways, her family described her state of unhappiness related to financial and marital problems as well as her desire to relocate to North Carolina. Her family also stated Karin was not known to have any memory problems. 25. On November 17, 2016, the Affiant spoke by telephone with Nada Chater, who among other things, stated she and her family spent time with Karin Ziolkowski on Saturday November 12, 2016. Chater stated Karin seemed normal, and complained that Marc was not giving her money to care for herself and the Victim. Chater stated that Karin was trying to go to North Carolina with the Victim because Marc didn't want to be a father to him. She stated she had never known Karin to have memory problems. 26. On November 17, 2016, at approximately 1916 hours, Detective Phillips and the Affiant attempted to re-interview Karin Ziolkowski, while she was recovering at Hartford Hospital. At this time she began to cry, and then quickly stopped. She reiterated her claim that she could not recall anything about the day of the fire and questioned why the MPD was speaking to her again. 27. Karin Ziolkowski stated among other things that Marc had three girlfriends. She stated that the last time she saw Marc was when he left home, sometime after dark on Friday night (Nov. 11, 2016), but could not recall exactly what time. Marc told her that he would be back on Sunday or Monday. The Affiant asked her what she and the Victim did that night and she cried they probably watched "Star Wars", and said "he loved Star Wars". She stated they watched the TV shows "Jeopardy", "Tranformers", and "Wheel of fortune". Karin cried and said the Victim then read a book entitled, "The boys name is Encyclopedia". \
28. Karin stated they always read before bed, unless he got in trouble. Karin didn't know what time they went to bed that Friday night. Karin said they would always sleep together, back to back, and "snuggle". Furthermore, Karin said that the Victim liked to sleep with her, and that he felt safe in her bed. Karin stated the Victim didn't like to sleep in his own bed, and that the Victim's therapist approved of this. 29. Karin Ziolkowski stated that on Saturday, November 12, 2016, she treated the Victim for lice before going to Nada Chater's brother's house, with the Victim. Karin stated that sometime after 10:00 PM, she and the Victim went to bed after returning home, and that the Victim was (This is page 5 of a 9 page Affidavit.) Date
Signed {Affiant)
Jurat Date
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• ARREST WARRANT APPLICATION JD-CR-64a Rev. 10-10 C.G.S. § 54-2a Pr. Bk. Sec. 36-1, 36-2, 36-3
STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov
Name (Last, First, Middle Initial)
Residence (Town) of accused
Court to be held at (Town)
Ziolkowski, Karin
Bessemer City, NC.
New Haven
Geographical Area number
JD
Affidavit ~ Continued tired from playing all day. 30. Karin Ziolkowski stated among other things that initially on Sunday, November 13, 2016 she and the Victim watched "Star Wars", at a unknown time, and had dinner together between 5PM and 7PM. She stated Sunday was a school night, so she would have had him shower. She cried "he would have told me to give him his privacy". She stated the Victim liked to take long showers and would have a little dessert or candy after the shower. She stated the Victim read a book, and then went to sleep, "probably" back to back with her. Later during this same interview, Karin claimed to have no memory of what took place on this day. 31. Karin Ziolkowski stated she wanted to take the Victim to North Carolina, where she had family, and to "start a new life". She stated she couldn't go without Marc's permission. Karin stated Marc thought he would never see the Victim again, but she wanted to work something out. She told Marc to give her a chance, and to just let her go, but Marc didn't believe her. Karin stated Marc only saw the Victim when he wanted to see him. She stated they had an agreement where Marc could go away every other weekend. Karin stated Marc always had to go out and do something. She stated Marc lied about going to work, and would go fishing with his friends or "the flavor of the day he found on the internet". Karin stated Marc wouldn't try to hide the fact that he had extramarital affairs. She stated she had been depressed for a long time. Karin Ziolkowski again repeated that she could not remember what happened on Sunday November 13, she apologized and cried. She denied hurting her son. 32. Karin Ziolkowski's nurse gave this Affiant a bag containing clothing that Karin had been wearing when she was brought to the emergency room on November 14, 2016. The Affiant brought these items to the Criminal ID unit within the-Detective Division, where they were tagged as evidence. 33. On November 18, 2016, a search and seizure warrant was executed by MPD at Hartford Hospital for Karin Ziolkowski's baseline blood draws from the morning November 14, 2016, when she initially arrived at the emergency room. Detective Wagner later executed said warrant and received the only vial of Karin Ziolkowski's blood they had in their possession, which showed it was drawn on November 15, 2016. The Affiant made numerous attempts to locate Karin's blood drawn when she initially arrived on November 14, 2016, but learned that it was only tested for blood alcohol content·and likely discarded immediately. The seized blood vial was subsequently sent to the DESPP Forensic Lab for testing. 34. On November 21, 2016, a search and seizure warrant was executed at Hartford Hospital for the medical records of Karin Ziolkowski relative to her treatment for injuries sustained in the fire. The Affiant learned from these records that Karin had a "2 cm ares of second degree burn to right thenar eminence, no other burns seen, extensive soot on back and light soot (This is page 6 of a 9 page Affidavit.) Date
Signed (Affiant)
Date
lG
• ARREST WARRANT APPLICATION JD-CR-64a Rev. 10-10 C.G.S. § 54-2a Pr. Bk. Sec. 36-1, 36-2, 36-3
STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov
Name (Last, First, Middle Initial)
Residence (Town) of accused
Court to be held at (Town)
Geograpliica/
Ziolkowski, Karin
Bessemer City, NC.
New Haven
Area number
JD
Affidavit - Continued throughout". The right thenar eminence refers to a group of muscles on the palm of the human hand, at the base of the thumb, according to a basic Wikipedia search. Karin also presented with an initial carboxyhemoglobin saturation level that was elevated. 35. On November 22, 2016, at approximately 1200 hours Detective Cerejo returned to 13 Davis Street, where he met with Mark Ziolkowski, outside of the home. Marc told Detective Cerejo that he returned to the residence to gather personal belongings, in preparation for the wake being held later that day. The residence was boarded up, and he could not gain access. Detective Cerejo then agreed to escort Marc into the residence to retrieve the personal items he wanted for his son's wake. 36. Detective Cerejo asked Marc Ziolkowski to go to the basement with him to see if anything appeared peculiar, as Marc had knowledge of the residence prior to the fire. Marc Ziolkowski pointed out a melted plastic panel on the wall, in the stairway leading to the basement, and said it was the remains of a carbon monoxide detector. Marc then showed Detective Cerejo that on a ledge above where the carbon monoxide detector had been mounted, were three soot covered AA batteries, that were for the detector, which seemed strange to Marc. Marc later provided a statement about this observation and said it seemed abnormal, as the batteries had always been inside the detector. 37. Detective Cerejo stated that while in the residence Marc was looking for a tie clip on the floor in the living room, which was adjacent to the bedroom where the fire originated on the first floor. The room was in a state of disarray as items had been thrown aboutduring fire suppression efforts by the MFD. Marc was picking through charred clothing on the floor looking for the tie clip when he and Detective Cerejo discovered a melted plastic container that Marc identified as a bottle of "Tiki Torch" lamp oil. Upon this discovery Marc became noticeably upset and began crying and knelt on the floor. He informed Detective Cerejo that this container was usually kept on the back porch and was the fuel that tiki torches burn. The red letter "T" was the only part still readable on the burnt label. Detective Cerejo then seized the charred plastic bottle as evidence. 38. Detective Cerejo brought the bottle back to MPD where he compared the bottle with the original crime scene photographs. He was able to locate the position of the bottle in the photographs, thus establishing that the bottle was present during the fire. The Tiki Torch lamp fuel bottle was subsequently transported to the DESPP Forensic Lab for forensic analysis and comparison with the samples of charred substances seized from the fire scene. 39. In a report dated December 12, 2016, the DESPP Forensic Lab stated that analysis of the Tiki Torch lamp fuel bottle revealed the presence of a medium boiling range distillate that contains chemical components consistent with the five charred samples seized from the fire (This is page 7 of a 9 page Affidavit) Date
Signed (Affiant)
โ ข
ARREST WARRANT APPLICATION JD-CR-64a Rev. 10-10 C.G.S. ยง 54-2a Pr. Bk. Sec, 36-1, 36-2, 36-3
STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov
Name (Last, First, Middle Initial)
Residence (Town) of accused
Court to be held at (Town)
Ziolkowski, Karin
Bessemer City, NC.
New Haven
Geographical Area number
JD
Affidavit - Continued scene. 40. On November 23, 2016, Karin Ziolkowski's biological, maternal aunt, April Schroeders, came to the Meriden Police Department to provide information to the Affiant about a Twitter account belonging to Karin Ziolkowski. Schroeders stated among other things that not many people knew of this account, under the screen name "@lamnoteliza". Schroeders also stated that Karin Ziolkowski would Tweet random thoughts to this account, followed by the hashtag "#takethatasyouwill". 41. Some examples of these Tweets were as follows; on November 10, 2016, at 6:38 PM, four days prior to the fire, Karin Tweets "Fire Exinguisher", and 11 Devil's playground", followed by #takethatasyouwill. On Friday, November 11, 2016, at 5:33 PM, 3 days prior to the fire, right around the same time that Marc Ziolkowski leaves to spend the weekend at Rebecca Bridge's home in Torrington, Karin Tweets "Empty promises", followed by #takethatasyouwill. 42. On November 12, 2016, at 11:17 AM, 2 days prior to the arson, she Tweets "Current mood" followed by emoji symbol faces depicting, anger, sickness, and crying or sadness. Also on November 12, 2016, at 5:26 PM, Karin Tweets, "Why did I have a child?", followed by 2 sad or unhappy, emoji faces. 43. On January 19, 2017, the Affiant obtained and executed a search & seizure warrant to test the clothing that Karin Ziolkowski and the Victim had been wearing on the date of the fire for the presence of accelerants. At the request of the DESPP Forensic Lab, Detective Cerejo submitted a new, unopened bottle of 100oz. Tiki Torch fuel for comparison. 44. In a report dated January 23, 2017, the DESPP Forensic Lab noted that both Karin Ziolkowski's and the Victim's clothing contained the presence of a medium boiling range petroleum distillate that contained chemical components consistent with tiki torch fuel. 45. On February 22, 2017, the DESPP Forensic Lab reported that Karin Ziolkowski's blood drawn on November 15, 2Q16, obtained during her treatment at Hartford Hospital, approximately 23 hours after the fire, contained the presence of Diphenhydramine. 46. To summarize, on November 14, 2016 at approximately 0717 hours, The MFD found the Victim dead in his bedroom after forcing their way into his locked house that was on fire. The fire was set from within the home at two separate locations and batteries to the carbon monoxide detector appear to have been removed prior to the fire. The Victim's death was ruled to be Homicidal Asphyxia, with a contributing cause of death as acute Diphenhydramine intoxication. His mother was also locked within the home and had a elevated level of carbon monoxide in her blood system as well as the presence of Diphenhydramine in her system. She (This is page 8 of a 9 page Affidavit.) Date
Signed (Affiant)
Date
lu () (;
0
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โ ข
ARREST WARRANT APPLICATION JD-CR-64a Rev. 10-10 C.G.S. ยง 54-2a Pr. Bk. Sec. 36-1, 36-2, 36-3
STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov
Name (Last, First, Middle Initial)
Residence (Town) of accused
Court to be l1eld at (Town)
Ziolkowski, Karin
Bessemer City, NC.
New Haven
Geographical Area number
JD
Affidavit - Continued is unwilling or unable to provide any specific details as to what happened instead claiming memory loss. It was determined that a substance consistent with Tiki Torch fuel was used to ignite the fire and that a similar substance was found on her clothing as well as the Victim's. Wherefore, your Affiant feels that there is probable cause to believe that Karin Ziolkowski did commit the crimes of Murder, and Arson in the Second Degree, in violation of Connecticut General Statutes Sections 53a-54a, and 53a-112, respectively.
(This is page 9 of a 9 page Affidavit.) Date
Signed (Affiant)
Date
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