Internal affairs investigation looking at more than East Lyme police chief

East Lyme ― Four local police officers, including police Chief Michael Finkelstein and the department’s highest-ranking woman, are the target of a state police internal affairs investigation to determine if they properly handled domestic violence allegations made by Finkelstein’s wife.

First Selectman Dan Cunningham this week said the investigation is being conducted by state police Capt. Matthew Kane, who was identified by state police as the commanding officer of the Internal Affairs Division.

Cunningham identified the targets of the investigation as Finkelstein, his direct subordinate Lt. Dana Jezierski, and two unnamed officers.

Finkelstein remains on administrative leave while receiving his full $173,792 salary and stipend as police chief and the town’s emergency management director. Lt. Michael Macek is serving as acting chief.

Neither Jezierski nor the two officers have been placed on leave, Cunningham said.

The internal investigation comes after a flurry of criminal charges against Finkelstein that began with his arrest on June 5 by the state police Eastern District Major Crimes unit related to allegations he punched his wife in the face during an argument over his work cell phone at their East Lyme home the night before. She later said she was injured in the struggle for his phone rather than by his hand, but a state police detective said that explanation did not “make sense.”

The affidavit for Finkelstein’s June 5 arrest warrant said his wife believed he had been using the phone to inappropriately text a coworker with whom she alleged he’d had a previous affair.

Court documents show the criminal investigation subsequently brought to light a 911 call made by Finkelstein’s wife one year prior regarding a domestic dispute she said resulted after she found out he had been texting a female coworker. She told the responding officer and sergeant, who were unnamed in the affidavit, that her husband grabbed her by the chin and jammed a children’s remote control against the side of her nose.

She alleged Finkelstein, after her 911 call, placed his own call to the police department telling them not to come. She said she called again to reiterate she needed a police officer at the house.

According to the affidavit, the local response did not result in any action. Instead, the officer advised her to contact state police because of the conflict of interest inherent in a department investigating its own chief.

But state police were not called in to investigate the incident until Finkelstein’s June 5 arrest led the court to ask the major crimes squad to re-examine the incident, according to the affidavit.

Detectives on June 24 of this year charged Finkelstein with disorderly conduct based on their review of body camera footage worn at the time by the responding East Lyme police officers. Finkelstein in an interview last month denied any physical violence; his wife in a separate interview recanted her original statements to say it was only a verbal argument.

Investigator has local ties

The local internal investigation led by Kane was launched at the request of the local Board of Police Commissioners, who wanted an outside agency to look at whether the department followed proper procedure in the two cases.

Kane lives in town. He was elected to a four-year term on the Zoning Commission in 2015 and ran unsuccessfully for the Board of Finance in 2019. He is the son-in-law of Richard “Dick” Morris, who retired in 2018 after serving for 27 years as the fire marshal and more recently as the town’s emergency management director.

Finkelstein became the emergency management director upon Morris’ retirement. He has been chief since the independent police force was created in 2017.

Kane, who has risen through the ranks in his eight years with the state police, served as the Killingly resident state trooper and an instructor at the Connecticut Police Academy.

Cunningham this week acknowledged he had initial concerns about impartiality in light of Kane’s connections to the town. He said he met about a week ago with Kane and his supervisor, whose name was not immediately available, to address the issue.

“They were very adamant that no one’s going to risk their position or career at the state police by engaging in any sort of favoritism or anything of that nature,” he said.

A state police spokesman in response to questions regarding the internal affairs investigation repeatedly stated the media relations unit does not have any further information available at this time.

“Captain Kane is the commanding officer for CSP Internal Affairs, and we have not been advised as to who amongst his personnel is conducting this investigation, which is active and ongoing,” the spokesman said.

Board of Police Commissioners Chairman Daniel Price did not return a call for comment Tuesday.

Cunningham said he did not ask for any specific details about the extent of Kane’s interactions with Finkelstein or the department. The issue was brought up out of general concern that the investigation be conducted impartially, according to the first selectman.

“They were very adamant it was going to be conducted like any other investigation, without any concern for any connections that might exist within the town,” he said.

Cunningham cited a 90-day target completion date for this type of investigation based on his conversations with state police. That’s assuming “the investigation doesn’t bring them down some other path that they’re not contemplating,” he added.

“It depends on the evidence and what they discover,” he said. “It’s going to be limited to the targets of the investigation, but they don't know where it will lead, and neither do I.”

Finkelstein faces disorderly conduct and second-degree breach of peace charges related to the June 5 arrest by state police, plus the disorderly conduct charge lodged after detectives re-investigated last year’s allegations. He was also charged with making a false statement and violation of a protective order for not turning over all of his firearms following his initial arrest.

Finkelstein, whose lawyer last month said was receiving in-patient alcohol and stress-related counseling, had his criminal case transferred to Middletown Superior Court. Cases involving police officers are often moved to another judicial district to avoid conflicts with local prosecutors they often work with.

Finkelstein has applied for a family violence diversion program, which could lead to dismissal of the charges against him. That application is pending.

e.regan@theday.com