One of Heiden’s subordinates, Officer Matthew Sterling, was formally charged Thursday with a variety of misdeeds, including associating with a felon, frequenting strip clubs and massage parlors — conduct considered unbecoming of an officer — and failing to report his knowledge that New Haven prostitutes were brought to Madison to “hang out” with officers while they worked midnight shifts.

At a hearing earlier this month, Sgt. Trent Fox testified that Officer Bernard Durgin Jr. and three unnamed officers consorted with prostitutes at several locations throughout town.

Testimony in Sterling’s case, to be heard in closed session, will begin Tuesday.

Heiden’s termination came despite testimony from all witnesses at an eight-hour hearing at police headquarters Thursday that he was not involved in the wrongdoing that occurred on his shift.

Durgin and former Officer Joseph Gambardella, who both worked under Heiden’s supervision, were each arrested multiple times within the past year.

Durgin was charged with using the law enforcement database to get information about ex-girlfriends and other women, for worker’s compensation fraud and for allegedly threatening and intimidating witnesses involved in investigating his alleged misconduct.

Gambardella was arrested for allegedly stealing from two Madison businesses and the town gas pumps.

Department attorney William Clendenen Jr. said all of the officers on the midnight shift, which Heiden supervised much of the time, were either charged, were the subject of internal investigations or had resigned.

The state’s attorney’s office is also conducting an investigation into the department, which could yield more charges, Clendenen said.

Heiden should have known his subordinates were engaged in corruption and criminal activity, Clendenen said.

“Sergeant Heiden either neglected to do his duty or chose not to do his duty,” he said.

Heiden testified that he did not know prostitutes and convicted felon and drug abuser Albert LeClaire were meeting with officers on the job.

Fox testified that he had evidence officers met with the felon, and prostitutes, 30 to 40 times over the course of a year.

Heiden’s union attorney, Michael Brady, regional counsel for the International Brotherhood of Police Officers, questioned the validity of information that came from LeClaire, and said it was impossible for Heiden to know where his officers were at all times during their shifts.

There were no tracking systems on the cars at the time of the incidents, Brady said.

“None of the officers, or anyone else, ever gave me a reason not to trust them,” Heiden said.

Brady also sought to prove that the problems with prostitutes pre-dated Heiden’s supervising the midnight shift.

Lt. Allen Gerard testified that he was made aware of Durgin’s meetings with women and LeClaire in late 2006, but was advised by the town attorney to deal with the charges against Gambardella before pursuing the allegations against Durgin. Gerard did not tell Heiden about the allegations, he testified.

Brady also asserted that much of the misconduct happened when Heiden wasn’t working, and pointed out that the department did not have the tools to monitor the gas pumps or law enforcement database.

Several commissioners said they found it “hard to believe” Heiden was unaware of criminal activity.

Clendenen asked commissioners to send a “clear message” to the townspeople that officers will be punished for department wrongdoing.

Brady contested that logic.

“What are you saying loudly and clearly to the town when you hang the guy who is the one guy who didn’t engage in any of the misconduct?” said Brady, highlighting Heiden’s many years of service and three-term union presidency. “The department is looking to hang him for the actions of other officers. I still don’t get it.”

The commission upheld charges that Heiden failed to act on an interaction between Gambardella and the owner of Beebe’s Marina, one of the businesses from which Gambardella allegedly stole merchandise.

Commission members also determined that Heiden neglected his duties and breached the code of ethics.

Earlier this month, commissioners ruled that Heiden had interfered with a state police investigation of Gambardella when Heiden repeatedly advised him “not to talk” to investigators, witnesses testified.

Commissioners decided to terminate Heiden, based on all the charges, by a 3-1 vote. Commissioner Garry Gyenizs voted against nearly all of the charges at both of the recent hearings, and also voted against termination.

After the ruling was handed down, Heiden walked into the audience to hug his mother, who wept.

“I think it’s unfortunate,” he said. “There seems to be an agenda here.”

Heiden said there would be an immediate appeal to the state Labor Relations Board, as well as additional litigation.

“It seems to me as though the community was behind me and for good reason,” he said.

The commission is scheduled to hear Durgin’s case this morning.

Amanda Pinto can be reached at apinto@nhregister.com or 789-5734.