Maynard Warrant

ARhESJ -IYARRANT APPLTCATTON JD-CB{4b

STATE OFpONNECTTCUT SUPERIOR COUhT

Bev. tO-04

C.G.S $s4-2a Pr. Bk. Sec. 36-1, 36-2, 36€

CFS

www.iud.state.ct.us

I

FOR COURT USE ONLY SUPPORTING AFFIDAVITS SEALED

NO

YES

AGENCY NO.

#: 0900009577

o02

NAME AND BESIDENCE fl-ou,nf OFACCUSED

Keith Race: Black Maynard,

8 Cook St. Ansonia CT

Sex:

Male

APPLICATION FOR ARREST WARRANT

D.O.B: 12181/1966

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: [X

nrnoavrr

BELow.

J-l

arrroavrT(S)

ATTACHED.

DATE AND SIGNATURE

AUTHORITY

AFFIDAVIT The undersigned affiant, being duly sworn, deposes and says:

1) The undersigned, Det. John Rafalowski, being duly sworn, does depose and state that he is a member of

the Ansonia Police Department and has been since June

27,1978. At all times mentioned herein

he 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)That on July 1, 2009 at 1 1 :13 AM Officer William Dicicco, Officer Barry McMahon and Officer Phil Landona were dispatched to 8 Cook St. after a female caller reported coming home and finding some one in her house. Upon their arrivalthe officers were met by lda-Marie Lucarelliwho stated that when she got home and walked into her front door, she was attacked by some one that was inside her house. At this time Officer Dicicco called the station and requested an ambulance for lda-Marie who had several visible injuries. Officer Landona talked to a neighbor Kathy Vagasky who stated that she heard lda-Marie screaming for help and when she went outside she saw lda Marie sitting on the front sidewalk of her house crying. Kathy stated that lda-Marie told her what happened and she and her son Andrew Vagasky called the police and then went into the house to check if the male was still in there. Kathy stated that she didn't see anyone inside the house but, she did notice that the back door was partially open. At this time Officers Dicicco,

McMahon and Landona secured the area and then called dispatch to try to find a K-9 to conduct a track. Ansonia Rescue Medical Services Ambulance arrived and transported lda-Marie to the Griffin Hospital ER

(This is page

DATE AND SIGNATURE JURAT

page Affidavit.)

/

7

Za:?

TO BEFORE ME

ON

(Date)

, Notary Public)

FINDING The foregoing Application lor 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

. irusrRucnorus

ARhESJ.WARRANT AFFIDAV|T CONTINUATION PAGE JDCRS4a

C.G.S gs4-2a Pr. Bk. Sec.36-1,

CFS

atfidavit.

The iurat is to be completbd for each page of the The prosecutoriat officiat and jtdggudge trial referee are to date and sign or initial each page to indicate that they have reviewed it.

Hev. tG04

gG2,963

STATE OF CONNECTICUT SUPERIOR COURT

#: 0900009577

NAME AND RESIDENCE

flounl

OFACCUSED

Maynard, Keith

8 Cook St. Ansonia CT

Race: Black

Sex:

Male

AFFIDAVIT

D.O.B: 123111966

The undersigned affiant, being duly sworn, deposes and says;

for treatment. Officer McMahon spoke with Mike Martinez who was making a delivery to Chairo's Carpet on Clifton Avenue. Martinez stated he saw a black male shortly before the officers arrived run up Oneil,s Court and then south on Clifton Avenue. Martinez said this male then crossed over to the northbound side of Clifton Avenue near the Russian Orthodox Church and he did not see where he went next. Oneil's Court is located directly behind 8 Cook Street. Martinez said this male was wearing a blue tee shirt, blue jeans and had shades of gray hair on the sides of his head. Martinez was unable to determine an approximate age for this individual. Officer McMahon also spoke with area residents Shante Rivas and Andrew Vagasky who

stated they did not see anything. Another neighbor said that about 30 minutes before police arrived he saw a black male walking eastbound on Cook Street towards 8 Cook Street. The neighbor said it was one of the Maynard brothers but he was not sure which one. A few minutes later Tyrone Maynard was on scene and the neighbor said he was not the one he saw earlier. 3)That on 07/02/09 Officer McMahon went back and spoke with the neighbor again. Officer McMahon asked him again what he had seen yesterday. The neighbor said he saw Keith Maynard walking down Cook Street towards his residence about 30 minutes before the police arrived. He said he was wearing a gray shirt and blue jeans. The neighbor was inside his house and was looking out his window when he

supposedly saw Maynard. Officer McMahon asked, "how do you know now that it was Keith," and he said, "because I it wasn't Tyrone." The neighbor did not see if Maynard had exited from a vehicle. 4)That on 07/O1lO9, at the hospital, lda-Marie told Officer Landona that she left the house at approximately 09:00 hours and returned home at approximately 1 1:00 hours and when she went through the front door she was attacked by some one that was in the house hiding behind the front door. lda-Marie signed a medical release form and stated that she would come to the station for a written statement on July 2,2OOg. Det. Sgt. Patrick Lynch and this affiant went to the hospital and took several digital pictures of lda-Marie,s injuries depicting an abrasion spanning the left temple and cheek. Abrasion on the front of the nose. Abrasions on the left side of the neck and ear. Swelling with contusions on the right hand. Contusion on the right forearm. Abrasion on the upper chest and rear right shoulder. S)That Keith Maynard, lda-Marie Lucarelli's fiance, arrived at 8 Cook Street at approximately 12:45 pM and was interviewed by Det. Sgt. Lynch and this affiant regarding the incident and stated that the front door (This is

page

DATE AND

SIGNATURE

2

of a

page Affidavit.)

,4n zCI

.INSTFUCTIONS

"ARREST WARRANT AFFTDAVTT

CONTINUATION PAGE

The jurat is to be completed for each page of the affidavit. The prosecutoria! officia! and judgdjudge trial reteree are to date and sign or initial each page to indicate that they have reviewed it.

JD-CR-64a Rev. 10{4 C.G,S 954-2a Pr. Bk. Sec. 36.1, 36.2, 36-3

CFS

#:

STATE OF CONNECTICUT

.

SUPERIOR COURT

0900009577

NAME AND

RESIDENCE (-louat) OF ACCUSED

Keith Race: Black

8 Cook St. Ansonia CT

Maynard,

Sex:

Male

AFFIDAVIT

D.O.B: 't23111966

The undersigned affiant, being duly sworn, deposes and says:

locks with a deadbolt which is engaged with a key from the outside and a turn latch on the inside. Maynard said that the rear sliding door should have been locked however they had been in the back grilling the night

before and it may not have been locked. Maynard further said that he left the house at about 7:00 AM to go to work in Westport so lda would have had to lock the door when she left after him. Maynard said he was working in Westport and did not return to the house until lda called him about the assault. Maynard stated that lda had a set routine of going to the gym everyday from 9:00 AM to 1 1:00 AM since the beginning of summer. Maynard said that neither of them was having any problems with former boyfriends or girlfriends and that he was not having a problem with anyone in the neighborhood. Maynard stated the only person he park a car on his property Maynard had had a probtem with recently

allowed-to

*"rf.

and when ne

totdJto

move the

ciioff

the property he found one of his cars had been scratched.

Maynard said the incident occurred a few months ago.

6)That on July 2,20A9 at 10:52 hours lda-Marie came into police headquarters and gave Officer Landona a signed written statement which stated ," On July 1, 2009 at approximately. 09:00 AM I left my house and went to the Peak Fitness Gym in Seymour to work out. lt was approximately. 11:00 AM when I returned home from the gym. When I returned home I parked my car in the driveway and I went to the mailbox to check the mail. When I got the mail I quickly looked through it and then I walked up the stairs and unlocked the front door. As I walked through the door I saw a hand pass in front of me and slam the door closed.

This person came out from behind the front door. I only saw the person for a quick second and I noticed that he had some type of dark colored bandana and he was wearing it some where on his head or face. At this point he grabbed me and tackled me to the ground and then flipped me over onto my stomach. While we were on the ground I tried to resist and was fighting back and he grabbed a blanket and covered me with it. I started to tell him that I had money and jewelry in the house and he could have it if he would jusi leave me alone. During the incident this person never said a word to me. While I was fighting with him he

pinched my nose and tried to stuff part of the blanket in my mouth. I tried to hold my breath to let him think I passed out and after a few seconds he began to release the pressure from my nose. As he was letting go I gasped for air and he grabbed a bat and he hit me in the back of the head. lt was at this point when I heard the front door lock. At this point I kept fighting and trying to get away but, he kept hitting me with the bat. During the struggle I was able to reach out and unlock the front door. When I unlocked the door he grabbed me and tried to pull me away from the door. While he was pulling me away from the door I was able to page Affidavit.)

(This is page

DATE AND SIGNATURE

oo"

fiu

ctts/

/?

2w

,

ARhES. r WARRANT AFFIDAVTT CONTINUATION PAGE JD-CR-ila Rev. 10-04 C.G.S $sa-2a Pr. Bk. Sec. 36-1, 36-2,

CFS

Thejurat is to

be

i

,*an"ua'o",

compteied for

each p4ge of

STATE OF CONNECTICUT SUPERIOR COURT

the atfidavit.

judgdjudge tial referee are to date and sign or initiat each page to indicate that they have reviewed it. The prosecutorial official and

36€

#: 0900009577

NAMEANDRESIDENCE froun) OFACCUSED

Keith Race: Black

8 Cook St. Ansonia CT

Maynard,

Ser

Male

D.O.B: 't2131/1966

AFFIDAVIT

The undersigned affiant, being duly sworn, deposes and says:

reach the door and open it at which point I began to scream and he let me go and I ran out the front door.

While I was going out the door I heard him run towards the back of the house. The only description that saw was that he was wearing tan colored work boots and I think blue jeans. " 7)That based

on information

I

in conjunction with the neighborhood resident, who is familiar with Keith

Maynard, reporting that they saw Maynard walking towards 8 Cook Street a 112 hour prior to the incident and Maynard advising Det. Sgt Lynch that he was working in Westport at the time of the incident led to the application of an exparte order to examine the cell phone records of Keith Maynard. The exparte order was granted for Maynard's celt and on Tlgologthe records were received by this department. The records were for 711109 and included cell phone tower locations, this would show an

pnon",f!,

approximate area of where Maynard was when he senVreceived calls. lt should be noted that when Lucarelli called Maynard within minutes after the assault to tell him she was assaulted, the call showed Maynard's phone was in close proximity to a cell phone tower located on Minerva St in Derby. This is inconsistent with where Maynard told Det. Sgt Lynch he was, Westport, as his phone would have indicated on a tower in that area.

8) That on On 8/13/09,Keith Maynard came voluntarily to the Ansonia Police Department for a follow up interview. Maynard came to the station with the victim lda-Marie Lucarelli and her sister Jennifer l-ucarelli. lda had moved out of Maynard's house a couple of days prior and they met at the station for the interview. Det. Adcox and Det. Sgt. Lynch conducted the interview of Maynard by himself in the second floor conference room. During the interview, amongst other things, the following information was obtained. lt was explained to Maynard that the incident did not appear to be a burglary but a specific assault directed at lda Lucarelli. They told Maynard that a neighbor reported that they saw Maynard 1/2 hour before the incident walking down Cook St towards the house but he told Det. Sgt. Lynch that he had been in Westport. Maynard's reply was that he was working as a DOT supervisor in Norwalk and that the DOT garage he is assigned to is in Westport. Maynard told them that the first callfrom lda was to his personal cell phone ) and it was not answered because he had the phone charging in the truck cigarette lighter and the phone was on vibrate instead of ring. Maynard said that the clerk from the garage then called him asking him if he was avoiding lda because lda called the garage and on his work cell phone was hysterical. Maynard again denied having any problems with his neighbors and did not think any of the (This is page

DATE AND

SIGNATURE

4

of

a

B

p"ge Affidavit.)

lq

lcaq

TO BEFORE ME

JURAT

ON

(Date)

lCr l,'{'

quQ.gtfl

oFu I^-

l.A

.ARhEgT !flARRANT AFF|DAVIT CONNNUATION PAGE

'tNsrRUcTrONS

iunt is to be compteied for each page of the affidavit. The prosecutoial official and judgeludge trial referee are to date and sign or initial each page to indicate that they have reviewed itThe

JDCR$4a

Rev. 1044 C.G.S S54-2a Pr. Bk. Sec.36-1, 96-2,363

CFS

"

STATE OF CONNECTICUT SUPERIOR COURT

#: 0900009577

NAME AND RES'DENCE

Maynard, Keith

Race: Bhck

frorrtl

OF ACCUSED

8 Cook St. Ansonia CT

Sex: Male

AFFIDAVIT

D.O.B: 1Zg1l1966

The undersigned affiant, being duly sworn, deposes and says:

neighbors would do the assault or try to blame him from the assault. Maynard said that as soon as he for-rnd out what happened he immediately began to drive home from Noryvalk. Maynar:d said that while driving home he called his brother Tyrone to go to the house. Phone records show that prior to calling Tyrone,

illl:ilff::lJ#|il#:il::'d5ifl fl :i;:Jil#trilF"i*x:T;..*"0

to be thinking and asked if he could call the number. rvraynaro opened his cell phone, looked at the screen and said the number was for friend n" *u, not sure if:::1T:1T":1,::^:,::_11,:::".: she used her maiden or married last name. Maynard was asked if the just a friendship and he said yes' Maynard was asked was happy about the marriage and if she could have been responsible for the assault and he said no tnut rn" would not do that to him. when Maynard was confronted with the fact his personal cell phone was hitting a tower in Derby at the time he stated he was in Nonrualk, Maynard continued to say he was in Norwalk. Maynard was questioned after talking to lda and his response was that they were supposed to meet later that day. Maynard was asked if could have any explanation as to why his cell phone was hitting a tower in Derby and he said he had no explanation' Maynard continued to say he could not explain anything regarding the cell phone calls and his location/whereabouts. Maynard remained calm through the entire interview and never once raised his voice, his denials regarding invotvement in the incident were simple single answers ,,no,,. Maynard said that he knew where the accusations where going but he offered no defense even when he was asked if he had any questions.

name{i

retationrnffi[;;;;,

t

about.ulli"il-;;;;

9)That on Monday August 17 2oog at about '11:50 AM this affiant met with Attorney Jennifer Lucarelli (ldaMarie Lucarelli's sister) at the Ansonia Police Department relative to information obtained over the weekend regarding this case' Prior to the interview Attorney Lucarelli had received a telephone call from Attorney John J' Kelly (via her cell phone) stating that he (Atty Kelly) was now representing Keith Maynard in this case' Attorney Lucarelli had called ,Attorney Kelly who at that time informed her (Lucarelli) that he wanted a meeting with Keith Maynard, lda Maynard, himself and Attorney Lucarellias soon as possible at his office in orange' The meeting was regarding Keith Maynard's explanation as to what happened at g cook street on July 1 , 2009 at 1 1 :13 AM. The meeting had been scheduled for 3:30 pM at Attorney Kelly,s office in orange with all parties present. we had been informed that in the meeting Keith Maynard admitted to lda Maynard that he was the person responsible for the assault upon her inside the home. At the end of the meeting (This is page

DATE AND

SIGNATURE

page Affidavit.)

STGNED

(,

WARRANT AFFIDAV|T CONTINUATION PAGE

.

"ARREqT

Thejunt is to be compleied for each p4ge of the affidavit. referee are to date and sign or initial each page to indicate that they have reviewed it.

JD-CR-64a Rev. 1044 C.G,S S54-2a Pr. Bk. Sec. 36-1, 36-2,

CFS

#:

'INSTRUCTIONS

STATE OF CONNECTICUT SUPERIOR COURT

The prosecutorial official and judge/judge trtal

36€

0900009577

NAMEANDRESIDENCE froun) OFACCUSED

Maynard,

Race:

Keith

Black

8 Cook St. Ansonia CT

Ser Male

AFFIDAVIT

D.O.B: 12131/1966

The undersigned affiant, being duly sworn, deposes and says:

Attorney Kelly along with Keith Maynard arranged to meet with officers at the Ansonia Police Department. 1O)That the undersigned affiant along with Det. Paul LoCicero met with Keith Maynard and Attorney John J.Kelly in the interview room located on the second floor of the Ansonia Police Department at approximately

4:50 PM. Prior to the interview Keith Maynard and his attorney were informed that this interview would be taped. Both video and audio. Keith Maynard had come to this department of his own free will. A notice of rights form was completed by Det LoCicero and signed by Keith Maynard in the presence of his attorney. Keith Maynard also signed a Waiver of Rights section on the form and agreed to be interview. Attorney Kelly also signed the Waiver Section as a witness. The interview began at 5:00 PM. Keith Maynard also asked for some water to drink prior to the interview and was given two bottles of water by this writer. Attorney Kelly

made it clear that Keith Maynard was there of his own free will and that he (Keith) wanted to speak with officers. 11)That the following information was obtained during the interview. Keith stated that he is currently employed by the State of Connecticut, Dept of Transportation, at a garage located in Westport Connecticut. On the day of July 1, 2009 he had gone to work in Westport around 7:00 AM. Keith's duties include checking on work that has to be completed, assigning employees to those jobs, and then being in the field to make sure the work is completed. On that particular day he had been in the office. He then left the office

around 9:00 AM and drove onto lnterstate 95 in Fairfield County which is the area he is responsible to check. That particular day he (Keith) decided to drive back to Ansonia. Around 10:30 AM he drove on l-95 to Route 8 then getting off Route 8 at exit 16 or 18 to drive into Ansonia. He had driven back to Ansonia and parked his truck (State DOT pickup truck) on Addison Street. He had then walked up Page Street, to Division Street, onto Clifton Avenue, then onto Cook Street where his house is located (# 8 Cook Street). He walked down Cook Street to his house. He used his key to unlock the front door of the house. He then waited for lda Lucarelli to return home. He knew that she (lda) usually goes to the gym to work out in the morning and then returns home. This particular day Keith knew that lda had a hairdressers appointment at 12:00 PM in Greenwich. He waited behind the front door until she arrived home. lda Lucarelli arrived home and came to the front door. As she entered through the front door Keith was waiting behind the door. He (Keith) then came from behind the door and attacked lda. He knocked her to the floor and according to Keith covered her with a white comforter from the upstairs bedroom. lda tried to get back to the front door (This is

page

DATE AND

SIGNATURE

6 DArE

of

a

B

page Affidavit.)

0**"1 /? znu?

IRq'PTRFD

hwnpru Tn RFFnpF Mtr alN

lnar'r

qT/:Ntrn

/h

- irusmucnorus

ARHE$T,}ITARRANT AFF| DAVTT

CONTINUATION PAGE JD€R-64a

CFS

aftidavit.

The iunt is to be compteied lor each page of the The prosecutoriat officiat and,judgdjudge trial releree are to date and sign or initial each page to indicate that they have reviewed it.

Rev- 10-o4

C.G.S $s4-2a Pr. Bk. Sec. 3&1, 36-2,

STATE OF CONNECTTCUT

363

suPERloR COURT

#: 0900009577

NAME AND RESIDENCE

floun)

OFACCUSED

Maynard, Keith

Race:

8 Cook St. Ansonia CT

Sex: Male

Black

AFFIDAVIT

D.O.B: 123111966

The undersigned affiant, being duly sworn, deposes and says:

which was closed but Keith had pulled her back and away from the front door. The attack took place by the front door and common area where the stairway and living room area are located inside the home. Keith stated that there may have been times when he slammed her face onto the floor of the living room during the struggle. He stated that he did not use the bat to strike lda that he just struggled with her. During the struggle lda stated that "She had diamonds, she had money, please let her go. Keith stated that the bat was by the stairs in the living room and that he did not touch the bat. After Keith pulled her away from the front door the struggle continued at which point lda was able to get her hand on the front door and tried to open the door to get out of the house. She was finally able to use both of her hands to open the door and then pulled herself out onto the front porch of the house. lda was yelling and screaming at this time for help. Keith stated that at that time he saw the neighbor (who he thought was Charlene a EMT) come out of her house and ran across the street to help lda. He thought that "Charlene" was calling 911 for help but he did not see her use her phone. When lda was able to get the door open and get out to the front porch, Keith ran from the house. He left through the rear sliding door. He climbed a fence in his back yard which led to O'Niels Court. He ran up O'Niels Court to Clifton Avenue. He ran by the Three Saints Greek Orthodox Church then to "pine lot". From the lot he ran back to his truck which was parked on Addison Street. He got into his truck and sat there for a few minutes to "compose himself". He knew that it would only be a matter

of time before the police would arrive at his home and he knew that most of the officers knew him. He then stated that he needed to get out of there. He then drove back to Route 8 south from Division Street. He continued driving south on Route 8 to l-95. He was heading back to work in Westport. Keith then apologized stating that he "was sorry and embarrassed for himself as well as his family", because of what had happened. The interview continued regarding evidence and other information obtained by officers during the investigation. Keith had been asked about the baseball bat found inside the home. Keith was asked if he had used the bat during the assault. Keith said he did not use the bat to assault lda. His reply was that there was a bat in the living room by the staircase. He was using the bat for therapy. He had rotator cup surgery and he was attempting to use the bat as a weighted bat so that he could swing the bat back and forth to strengthen his shoulder. He stated that he stills plays softballfor a traveling league. Keith was asked about the clothing her wore that day. His reply was work boots, blue jeans, long sleeve tee shirt, and an old red colored tee shirt which he used to cover his face. He also wore a pair of gloves .Keith was asked where the clothing was at this time and he stated that he took the tee shirt off that he wore covering his face along with the long sleeve tee shirt and threw then somewhere on the highway as he headed south (This is

DATE

page

AND

ttonotr*=

I I

7 oerr

of a

page Affidavit.)

(h,u-l lf l-rilt

srcruro I

ffil'Lt*Fti"E_--

YT AFFIDAVIT "ARRES} ABRANT CONTINUATION PAGE JD-CR-64a Rev. l0{4

G.G.S S54-2a Pr. Bk. Sec.36-1,36-2,

CFS

" I

STATE OF CONNECTICUT SUPERIOR COURT

INSTRUCTIONS

The jurat is to be completed for each p.age of the affidavit. The prosecutorial official and judgeludge tial referee are to date and sign or initial each page to indicate that they have reviewed it.

$€

#: 0900009577

NAME AND

RESIDENCE frorarn) OF ACCUSED

Maynard,

Race:

Keith

Black

COURTTOBEHELDAT (Iouzr)

Derby

8 Cook St. Ansonia CT

Sex:

Male

AFFIDAVIT

12/31/1966

The undersigned affiant, being duly sworn, deposes and says:

on the highway. Keith was asked if there was any reason for this act and his reply was "No idea why I did it". He stated that he acted alone. No one was with him. 12)That on August 18, 2009 Detective LoCicero and this affiant drove to 8 Francis St. in Derby to re interview lda Lucarelli relative to the assault. lda stated that while she was being assaulted she saw a bat nearby through the bottom of the blanket that was covering her. Also at that time she was able to see the

jeans and boots that the male was wearing. lda added that while the male was attempting to choke her with the bat she was able to grasp the object that was being used and said it felt like a bat although her vision was blocked by the blanket. lda also stated that while meeting with Keith Maynard in the presence of the attorneys Keith answered either yes or no to direct questions put forth by her such as ,Did you put the blanket over me?. Keith replied ,"Yes". You waited for me ? Keith replied ,"Yes" . You beat me with the bat and planned on leaving me there? Keith replied ,"Yes". Are you going to tell the police the same thing? Keith replied ,"1 don't know I haven't thought about it yet.

Wherefore; the undersigned states that probable cause exist to believe that Keith Maynard did commit the crimes of Assault in the Second Degree 53a-60 , Unlawful Restraint in the First Degree 53a-95 and Reckless Endangerment in the First Degree 53a-63 in violation of Connecticut General Statutes.

(This is page

page Affidavit.)

DATE AND SIGNATURE cr

roceornen I