State police will be asked to determine if East Lyme police followed procedure with Finkelstein allegations

Jun. 20—EAST LYME — The Board of Police Commissioners is calling on the state police to conduct an internal investigation into whether local police followed proper procedure involving domestic violence allegations against Chief Michael Finkelstein.

Police commission Chairman Dan Price on Thursday said Vice Chairman Joe Perkins, a retired trooper, will make the request to the state police.

"They are only going to be investigating whether or not we followed procedure," Price said.

Finkelstein was charged June 5 with disorderly conduct and second-degree breach of peace, both misdemeanors. His attorney, John J. Nazzaro, said at a scheduled court appearance earlier this week that his client had checked himself in for in-patient counseling he described as "stress related."

Finkelstein is next scheduled to appear in court on Monday in Middletown Superior Court, where the case was transferred. Cases involving police officers are often moved to another judicial district to avoid conflicts.

East Lyme officers were the first ones to respond to Finkelstein's home after his wife called 911 on June 4 about an alleged fight the previous night that left her with a bloody nose and bruised chest, according to the affidavit for his arrest warrant. After the officers spoke to both parties about what happened, the case was transferred to the state police Eastern District Major Crime Unit.

New London County State's Attorney Paul Narducci on the day of Finkelstein's arraignment said that after finding out about the incident, his office asked state police to investigate "because of the inherent conflict in having East Lyme police officers investigate allegations against the chief."

Nazzaro that same day said it was Finkelstein who initiated the call to the state's attorney's office to avoid any appearance of a conflict with his own department.

Finkelstein's wife initially told officers Finkelstein was enraged when he struck her in the face, put his hands around her throat and threw his cell phone at her. She later changed her statement to say the incident was accidental, which she reiterated in a subsequent sworn affidavit to try to reverse the protective order preventing Finkelstein from returning to the home they share. She said life without him was "absolutely devastating" to the family, which includes several young children.

The decision to initiate an internal affairs investigation came after the commission met earlier this week. The faces of commission members were somber on the dais in the Town Hall meeting room while an East Lyme police officer stood at the door to help control a crowd that never materialized.

A handful of off-duty or retired members of the force were in the audience to support acting Chief Mike Macek and the department. They had anticipated a bigger response from the public after a social media campaign by first amendment auditors whose videos showed them canvassing Finkelstein's neighborhood with a bullhorn and showing up at the Public Safety Building with donuts to decry the alleged abuse of power.

The commission met for about a half-hour behind closed doors to discuss what was listed on the agenda as personnel issues.

Price said calling for an investigation is standard procedure for the commission and does not require a vote.

The commission includes three members with previous experience in law enforcement, while the rest come from civilian backgrounds. They have oversight of hiring, firing and discipline of all officers.

"It's supposed to be civilian control of the department, and it is," Price said.

e.regan@theday.com