Middletown ― A Superior Court judge on Tuesday granted East Lyme Police Chief Michael Finkelstein’s request to return to his home, modifying a protective order that barred him from living with his wife.

The order had been in place since his June arrest on domestic violence charges.

Finkelstein, who remains on paid administrative leave and whose criminal cases are on a path to dismissal, is looking forward to reuniting with his wife and children and seeking a return to his job “as soon as practically possible,” his attorney John Nazzaro said.

One of the remaining hurdles, however, is an ongoing investigation by a law firm hired by the town to look at possible misconduct by Finkelstein and other officers in the department.

The other possible obstacle is the fact that a protective order remains in place that bars Finkelstein from carrying a gun. According to East Lyme police department policy, officers are not barred from returning to work simply because they do not have use of their gun, acting Police Chief Michael Macek said.

Policy allows the police chief to place officers on leave or accommodate them with an assignment to administrative duties, he said.

Last month the court accepted Finkelstein, with no objection from state prosecutors, into the family violence education program. He has since undergone in-patient treatment and attended numerous group and individual counseling sessions, Nazzaro said.

“He’s done what he’s supposed to do and then some,” Nazzaro said.

“A long hard 90 days”

In court on Tuesday, Middletown Superior Court Judge Alyce Alfano granted the protective order modification without removing other orders in place that restrict Finkelstein from carrying a firearm, from using “non-prescribed intoxicants” in his wife’s presence and generally refraining from abusing or harassing her.

Finkelstein is not required to return to court until July 28, 2025. If he completes the diversionary program, all the charges will be dismissed.

“It’s been a long hard 90 days,” Nazzaro said.

Nazzaro, outside the courtroom, expressed frustration with the media scrutiny, pending investigation and the lack of clarity about what’s being investigated and how long the probe will take. He said he planned to speak with the town’s labor attorney Tuesday afternoon.

Finkelstein, 53, is a target of an investigation by the Southington-based Daigle Law Group, hired by the town to look into how the department handled allegations of domestic violence by his wife.

Documents obtained through a Freedom of Information request show the Board of Police Commissioners asked that the probe look into any crimes, abuse of power or conduct that might be considered unbecoming of an officer. Nazzaro said Finkelstein has not been interviewed.

“A point of fact is (Finkelstein) has not even been apprised of what they are investigating,” Nazzaro said. “If other officers are being investigated … what’s interesting is those officers have not been suspended. It’s curious there is a double standard. This is a reflection, in my opinion, of how the town continues to step on its own feet in this process.”

“I believe he will be absolved of any wrongdoing of any kind,” Nazzaro said.

East Lyme First Selectman Daniel Cunningham and Dan Price, chairman of the police commission, could not be reached to comment on Tuesday.

The town requested the independent investigation after the state police Internal Affairs Unit, which had initially agreed to perform the probe, opted out. State police made the decision after Cunningham revealed that four officers would be targeted by the probe and that the state police unit’s commanding officer, Capt. Matthew Kane, lived in town. State police called the comments a breach of confidentiality.

Arrested three times

FInkelstein has remained on paid administrative leave since June 5, following his arrest by state police on charges of disorderly conduct and breach of peace after a 911 call to East Lyme police from his wife. At the time, his wife reported that a fight had turned physical and Finkelstein had struck her, bloodying her nose and leaving her bruised. She would later tell police the injuries were accidental, sustained during a struggle over his cell phone.

FInkelstein was arrested again on June 24 when state police allege he lied about the number of guns in his possession and for leaving a gun in the garage at his home. He faces charges of violation of a protective order and making a false statement in that case.

State police would additionally lodge more domestic violence-related charges after re-investigating a 911 call made by Finkelstein’s wife a year earlier, on June 18, 2023, when she alleged FInkelstein grabbed her by the chin during an argument, pressed a small remote control to the side of her nose and screamed at her. She also alleged Finkelstein had contacted East Lyme police to tell them not to come to their home and prevented her from taking the car to drive to the police department.

State police reviewed East Lyme police body camera footage in that case, which revealed East Lyme officers did not arrest Finkelstein and instead recommended to Finkelstein’s wife that she call state police. Finkelstein denied he was ever physical with his wife.

Tuesday was Finkelstein’s first court appearance since he responded to an Aug. 16 police call for service of a man who was reportedly suicidal on Chesterfield Road in East Lyme.

Despite being on paid administrative leave, Finkelstein arrived at the scene before police officers. The incident led to an emergency meeting of the police commission.

The group met behind closed doors and took no public action.

g.smith@theday.com