Arrest Warrant Application Affidavit for Kymberleigh Ashley

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WARRANT APPLICATION

ST ATE OF CONNECTICUT SUPERIOR COURT www.jud.state.ct.us

JD·CR·64b Rev. 10-04

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C.G.S. § 54·2a Pr. Bk. Sec 36·1.36-2,36-3

NAME

SUPPORTING

YES AGENCY NO

NAME AND RESIDENCE (Town) OF ACCUSED

KYMBERLEIGH ASHLEY

72 N FIRST STREET#5 MERIDEN APPLICATION FOR ARREST WARRANT

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

~ AFFIDAVIT BELOW.

set forth in the:

D

AFFIDAVIT{S) ATTACHED.

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

1. The undersigned, Detective Kristin Muir being duly sworn does depose and state that she is a member of the Meriden Police Department. Furthermore that she has been a member of said department for approximately 12.5 years prior to the date hereof, and at all times mentioned herein was acting as a member of said department, and also the following facts and circumstances are stated from personal knowledge and observations as well as information received from brother officers acting in their official capacities.

2.

On 09-18-09 at approximately 1400 hours, this Detective was contacted by D/Sgt. Walerysiak to report to work and investigate a report of a woman having stated that she had delivered a baby and had since disposed of it inside a dumpster located outside her apartment complex. I was advised that the woman- Ms. Kymberleigh Ashley- was voluntarily being transported to headquarters by D/Sgt Walerysiak and Crisis Intervention Specialist- Pam Kudla. This case was referred by patrol as it originated as a welfare check on a high risk pregnant female (Ashley) who was past her due date of 09-08-09, and had not been heard from by the medical providers at Community Health Center of Meriden.

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DATE

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JURAT

FINDING The foregoing Application for 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 an offense has been co itted and at the accused committed it and, therefore, that probable cause exists for rr t for the sl of the above-named accused.

DATE AND S+GNATURE

ARREST WARRANT AFFIDAVIT CONTINUATION PAGE JD-CR-64a Rev. 10-04 C.G.S. ~ 54-28 Pr. Bk. See 36-1. 36-2. 36-3

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

STATE OF CONNECTICUT SUPERIOR COURT

(Town! OF

NAME AND

KYMBERLEIGH ASHLEY

72 N FIRST STREET#5 MERIDEN AFFIDAVIT

The undersigned affiant, being duly sworn, deposes and says

3.

Upon meeting Ms. Ashley, I introduced myself and asked if she would mind being interviewed, she agreed. I explained the voluntary interview to Ms. Ashley, and she sjgned it. The interview of Ms. Ashley was conducted by Pam Kudla and was video taped and digitally recorded. In this interview, the following information was elicited: Ms. Ashley stated that she had lived in Meriden since 2005 and had learned that she was pregnant in 2009. Ms. Ashley stated that she had an ultrasound and thought everything was fine.

Ms. Ashley stated that while running routine blood tests, she was advised that the baby had a chromosomal disorder- Trisomy 18. Ashley stated that she had an amnio test done at Hartford Hospital and the test confirmed that the baby was abnormal. (***it should be noted at this time that Trisomy 18 is a chromosome disorder whose prognosis for liveborn babies is severe health problems, often involving malformations of the heart and other major organs. They may not be able to breathe without assistance.

Also, only 5 to 10% of babies born with this syndrome survive to their first birthday, and as many as 95% of babies with Trisomy 18 are either miscarried or stillborn.)

4.

During the interview, Ms. Ashley stated that while she was at home on August 30, 2009, she was in the bathroom and her water broke in the toilet. She stated that she grabbed some towels and scissors and went into the livingroom. She stated that she had heated tightness and she did not know she was in labor, but the baby slid right out as she was squatting. Ms. Ashley said that she could see the baby was not moving at all and that she knew the baby was gone. Ms. Ashley said that she had cut the cord as the baby was on the towels and the after birth was then delivered. Ashley says she wrapped the after birth in towels. Ashley states that she knew he wasn't alive. She knew he wasn't breathing. She states she held the baby and cried, and then got up to clean up.

5.

Ms. Ashley said that she kept the baby for about 1 week after she delivered because she was scared and confused because this had never happened to her before. She stated that she knew that she would have to give the baby up and get rid of it because it was dead. Ms. Ashley said that she put the baby into a yellow plastiC bag with the towels and threw it in the dumpster outside her home during the daytime.

When asked why she did not call for help from medical personnel or police, she simply stated that he was already gone and what could they do for her. Pam Kudla asked who the father of the child was and Ashley responded "John" however, refused to elaborate and provide a last name. Ashley stated that the biological father was involved in the pregnancy, but she had not told him that she had delivered a stillborn child or disposed of it as of this time of interview. Due to Ms. Ashley's flat affect in her interview and the fact that post delivery, she has not received medical attention for her safety, Kymberleigh was committed to Midstate Medical Center for evaluation.

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ARREST WARRANT AFFIDAVIT CONTINUATION PAGE JD·CR·64a Rev. 10·04 C.G S § 54-2a Pr. Bk. See 36·1, 36·2. 36-3

INSTRUCTIONS

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

NAME AND RESIDENCE (Town) OF ACCUSED

KYMBERLEIGH ASHLEY

STATE OF CONNECTICUT SUPERIOR COURT

TO BE HELD AT (Town)

72 N FIRST STREET#5 MERIDEN

MERIDEN

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

6.

As the interview was being conducted, Det. Eisner and D/Sgt Walerysiak prepared a search warrant for the home of Kymberleigh Ashley to search the premises for evidence or possibly the fetus. While executing the search warrant, the search for the body of baby boy Ashley was not located. Searchers employed the use of CSP Sgt. Bob Barren and his cadaver K-9, still with negative results. Det. Pocobello, of the Meriden Police Evidence Unit, seized several items including four (4) photographs of a newborn child who had appeared deceased inside a Walgreen's Pharmacy photo package. This package had a receipt attached stating 08-13-09 as a processing date. I proceeded to Walgreen's Pharmacy where I spoke with Eric Hoh!. Mr. Hohl verified that the date stamp was accurate and by markings on the rear of the photographs and the order number on the receipt, the photographs were the ones processed for that envelope/ receipt. Hohl was able to locate on the surveillance system video of Ms. Ashley dropping off the photographs on 08-13-09 and picking up the processed photographs on 08-14-09. Due to some difficulty with the system, Hohl was unable to print photographs of Ashley making these transactions. The original photographs were taken to Yale New Haven Hospital where they were looked at by Dr. Andrea Asnes who stated that from the photographs, she was unable to determine if the baby was born alive or dead. Dr. Asnes stated that she did not see any obvious abusive injuries in the photographs.

7.

I spoke with neighbors of Ms. Ashley- Victor and Shirley Thomas from apartment #3 directly underneath Ms. Ashley's apartment. Both provided statements saying that they had noticed that Ms. Ashley had appeared pregnant and Shirley stated that Ashley had told her that she was pregnant. Mrs. Thomas also stated that on September 8th Ashley did not appear pregnant anymore, so she made a comment that Ashley was hiding her pregnancy well. Ashley responded to Ms. Thomas that she was not pregnant. Both Mr. and Mrs. Thomas stated that they have not seen Ms. Ashley with a child nor have they heard a child from the apartment above them as of recent times. Mr. Thomas stated he heard a child there when she had just moved in, but not since he had seen her looking pregnant. A canvas of the rest of the apartments resulted negative for any other information regarding this case. The dumpster in the yard was checked and the company was contacted. A representative stated that the trash has a possibility of lasting anywhere from 10 minutes to 10 days maximum. Because the dates we had were beyond the scope of 10 days, and the estimated time of search was well over 14 hours, the trash piles were not searched.

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