Termination a tough call for Madison cop

10/24/2007

Abbe Smith , Register Staff

MADISON — During hearings to decide the fate of suspended police Sgt. Timothy Heiden, the lieutenant in charge of the internal investigation said recommending Heiden’s termination was "the hardest decision he ever made." As the hearings continue this week, the town announced that the Police Commission plans to ask for more officers to deal with staff shortages.

Connecticut and Massachusetts police officers and union members packed the hearing room at the police station last Friday, the first day of hearings for Heiden, who is accused of interfering in a state police criminal investigation of ex-cop Joseph Gambardella, who is accused of stealing from two local businesses.

During that hearing, attorney William Clendenen presented the Police Department’s case against Heiden, a 17-year department veteran and president of the local union. Chief Paul Jakubson has recommended the commission fire Heiden.

International Brotherhood of Police Officers Vice President Paul Birks said this is a major case for the union.

"We will not accept anything less than complete dismissal of all charges," he said Tuesday.

The union’s position is that Heiden did nothing wrong when he advised Gambardella to get an attorney before continuing to cooperate with the investigation.

Jakubson disagrees.

According to an internal affairs report, Heiden called Gambardella on his cell phone in the middle of an interview with state police and advised him not to continue without a lawyer. The report states that Heiden had no right to interfere with the outside criminal investigation — even as union president.

Police Lts. Allen Gerard and Robert Stimpson testified Friday. Gerard, who said he considered himself a friend of Heiden, described him as an intelligent and caring officer.

"I had to look at it as Sergeant X rather than Sergeant Heiden," he said, adding that he put aside his feelings when recommending Heiden’s termination.

At one point, Clendenen asked Gerard if Heiden worked the same shift as Gambardella on the nights of the burglaries. Gerard replied that Heiden was on duty the night a weed trimmer was taken from Beebe Marine, but not on the night of the restaurant burglary.

Clendenen’s line of questioning seemed to point out that Heiden was in charge of Gambardella on at least one of the two nights.

Birks said police officers are closely watching this case because its outcome could erode union rights. He said the union will appeal the case to the state Board of Labor Relations. Birks said he expects the commission to rule in favor of terminating Heiden.

Friday’s hearing, which Heiden requested remain open to the public, was videotaped and is airing on Madison’s public access television channels. The hearing will continue at 9:30 a.m. Thursday at the police station.

Meanwhile, the town is dealing with the aftermath of this month’s arrest of Officer Bernard Durgin Jr. He is accused of using state law enforcement database systems to gather personal information on ex-girlfriends and women he worked with while a security officer at Yale-New Haven Hospital. Durgin is charged with felony first-degree computer crimes.