Michael P. Mayko, Staff Writer
Published: 12:11 a.m., Friday, September 10, 2010
WATERBURY -- A dropped glove, an unrelated death and an eyewitness account enabled Waterbury police to charge the Bridgeport police arson chief and the godfather to her daughter with torching the cop's personal car for personal gain -- $16,654.78 in insurance proceeds.
Kimberly Biehn, 41, of Southington, the Bridgeport cop, and Samuel Encarnacion, 35, of Waterbury, the accused torch man and godfather, appeared briefly in state Superior Court Thursday to learn their cases had been transferred.
The co-defendants gave little appearance of any friendship as they sat on opposite sides of the Superior Court Judge Elliott Prescott's courtroom. Neither Biehn, who is charged with conspiracy to commit first-degree arson and insurance fraud, nor Encarnacion, who is charged with first-degree arson in the burning of the 2003 Mercedes Benz C240, were required to enter a plea Thursday.
Instead, Prescott transferred both cases to Part A for an Oct. 6 appearance. Both Biehn and Encarnacion are free on bond.
"My client maintains his innocence and looks forward to being able to defend himself against the charges," said Ioannis Kalodis, Encarnacion's lawyer.
Liberty Mutual, which paid out the insurance claim on the Mercedes, is seeking reimbursement.
The pair was arrested last month based on evidence contained in an affidavit filed by Detective Richard Baxter, a 14-year Waterbury officer.
Police began investigating the incident on Dec. 1, 2008, a day Biehn would later tell Baxter she was running late for work, parked her car on a side street near Bridgeport police headquarters and rushed inside to make lineup and get her assignments. It wasn't until she was getting ready to leave at 3:30 p.m. that day that she noticed her car keys were missing, she told him, according to the affidavit.
"One of my partners told me to check to see if I left it in my car," Baxter quotes Biehn as telling him. "I walked outside and saw my car was gone."
She claimed she reported the theft to Bridgeport Police Capt. Lynn Kerwin, who with Sgt. Giselle Doszpoj, put out a broadcast for the missing Mercedes. Bridgeport police also checked tapes made by the video surveillance camera that sweeps the outer areas surrounding Bridgeport police headquarters for evidence. Nothing turned up.
Thirty miles away at 4:16 p.m. Waterbury firefighters and police responded to a burning vehicle at 227 River St.
There, an eyewitness told police he saw a male running down the street carrying a red gas can. A short time later, the same witness said he heard a pop and saw the man drop a tan glove while fleeing. Police found both the glove and the gas can.
Investigators determined the blaze began inside the car, where the interior was heavily damaged. There they found three quart cans inside. The cans and the glove were sent to the State Police forensics laboratory for testing.
Police learned the car was registered to John Biehn, the detective's husband, and that she reported it stolen.
Biehn told police she learned her car was "burnt to a crisp" around 5:40 p.m.
"I don't know who may have taken my car," her statement to Waterbury police reads. "I'm not having any problems with anyone in the area where I parked or with anyone through work. I am not having any marital problems or money problems. I owe approximately $17,000 on the car, but it's worth $13,000."
Biehn goes on to say she bought the car used in 2006 from Mercedes Benz of North Haven and financed it through the car company. She also said "the only things I know of being in the car is some kids books, pillows and some blankets."
She also told police: "I don't even know anyone who lives in Waterbury except a couple of cops."
But both Biehn and her husband knew Encarnacion, according to Baxter's affidavit.
On Oct. 4, 2009, the Biehns and Encarnacion forced their way into Richard Feliciano's Waterbury home after not hearing from this friend for more than a week. They discovered Feliciano, who had health issues, dead on his floor. On that day both Biehn and Encarnacion disclosed their friendship to police.
A month later DNA test results on the dropped glove found at the fire scene were consistent with those in a sample given by Encarnacion following his 1993 first-degree assault conviction. Police called him in to give a confirmatory sample. While there, Baxter said they asked him if he knew the Biehns. He admitted he did and worked as a linesman with John Biehn.
But when asked about burning the vehicle, "he declined to speak about the incident, stating he wished to consult with an attorney," Baxter wrote.
On June 2, 2010, Baxter said he spoke with Kimberly Biehn by phone and asked if she knew Encarnacion.
"She stated she does, that he is a godfather to her daughter," Baxter wrote. "I then asked Kimberly if she wished to come to the detective bureau to follow up more on this incident and she stated, `based on what you said to Sam, you need to contact my lawyer.' "
Police arrested the pair on Aug. 31.
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