Following is the text of the affadavit submitted to procure a warrant for
the arrest of E. Forbes Smiley on a charge of Larceny in the First Degree.
The affadavit is dated June 23, 2005, and was obtained from Superior Court
in New Haven. In the U.S., such documents are public and available to
anyone who wishes to see them. This is only the police version of events,
of course. --ECW
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The undersigned affiant, being duly sworn, desposes and says:
I, Detective Martin Buonfilgio, am a member of the Yale University Police
Department, and have been a member of said Department for approximately 13
years prior to the date hereof, and at all times mentioned herein was acting
as a member of said Department, and that the following facts and
circumstances are stated from personal knowledge and observations, as well
as information received from brother and sister officers acting in their
official capacity.
That while a member of said Department, the undersigned has conducted
numerous investigations regarding Larceny, made arrests and obtained
convictions in a court of law.
On June 8, 2005, Ellen Cordes, Head of Public Services, for Yale
University's Beinecke Library reported a suspicious incident at the Beinecke
Library.
Ms. Cordes reported that Library employee Naomi Saito found an exacto blade
on the floor of the Beinecke Rare Document Reading Room. This type of
instrument is used to illegally remove (steal) rare documents, maps,
signatures, and other authentic pages from rare books.
Ms. Cordes said that the reading room is cleaned daily and finding the knife
blade at about 11:00 Am on the floor make her suspect that the person
responsible for dropping the knife blade would still be there. The knife
was picked up and wrapped in a white tissue for safe keeping, which was
later turned over to the Police.
Ms. Cordes walked through the room and noticed a man looking at books
containing rare maps. She then checked the Library register and identified
the man as Edward Forbes Smiley. Ms. Cordes not knowing the man looked him
up on the Internet and found that he was listed as a rare map dealer.
Ms. Cordes them called the Yale Sterling Memorial Library to ascertain if
anyone there knew Mr. Smiley. Ms. Cordes was told that Smiley was suspect
in a theft there, that on a prior occasion Smiley was there looking at rare
documents and shortly after Smiley left the items he was looking at were
missing. The incident was never reported or pursued because of lack of
proof.
Ms. Cordes notified Mr. Ralph Mannarino Security Supervisor for Beinecke
Library who then began a video surveillance of Smiley, as well as physically
watching him. Smiley was seen by Mannarino looking at several books in the
reading room and physically walking to the Library in house computer. At
one point Mr. Mannarino saw Smiley fedgeting with the inside pocket of his
jacket. Mannarino then called the Police. At about 2:00 PM I responded and
began this investigation.
At approximately 3:00 PM Smiley left the library and I followed. Smiley
walked towards High Street carrying his briefcase and stopped, placing the
briefcase on top of a wall. Smiley opened the briefcase for a moment,
looked around, closed it and continued walking on High Street towards Elm
Street. Smiley walked down High Street again stopping about 100 yards North
of Chapel Street, placed the briefcase down and opened it and closed it. He
continued to Chapel Street, across Chapel to the rear of the British Art
Museum. Smiley then stopped, turned around and walked backs towards Chapel
Street. He then entered the Museum Store on High Street and quickly exited
walking toward Chapel and down Chapel toward York Street. He then turned
around and walked back toward High Street then into the British Art Museum.
Smiley then checked his briefcase in at the security desk and walked towards
the elevator, stopping and looking around as if he didn't know where he was
going. I then spoke to Smiley and introduced myself. I identified myself
as a Police Detective working for Yale University and asked him if he was
just at the Beinecke Library, when he replied yes. Timothy Aylward was the
Security Guard present at the time of my conversation with Smiley.
I then showed Smiley the exacto blade that was wrapped in the white tissue
and asked if the blade was his. Smiley became very nervous and replied "yes
it is I must of dropped it I have a cold" (the tissue wrapped around the
blade was put there by library staff). I then asked Smiley if I might look
in his briefcase because Yale was missing some things from the library and I
just wanted to make sure that he didn't take anything by mistake. Smiley
said "of course" and he retrieved the bookcase[sic] from the security desk
and opened it for me to look inside. I quickly checked and located several
what appeared to be rare maps and documents, and other personal items of
Smiley. I then told Smiley that I wasn't sure what I was looking at and
asked if he would mind returning to the Library so a curator could examine
the documents I had. Lt. Holohan then arrived and Smiley accompanied us to
the Beinecke Library, where we were met by Ms. Cordes and Edwin Schroeder,
the head of Technical Services.
While I was gone from the Library following Smiley Ms. Cordes was able to
look at the several books Smiley checked out to the reading room. One book
in particular was entitled Advertisements for the Unexperienced Planters of
New England or anywhere. Cordes found that book missing a map. She then
checked the Library computer and ascertained that the map was in fact part
of the book and was not attached just placed in the book.
On our arrival in the first floor lobby, Smiley removed several maps from
his briefcase and displayed them for Ms. Cordes and Mr. Schroeder. Cordes
told me that it would take some time to know if the documents were taken
from the library. Ms. Cordes then showed Smiley the specifiic book Taylor
316 that was missing a map, and asked Smiley if he had the map. Smiley
replied that the map was in fact rare, but did not mention anything about
having the map in his possession.
Cordes and Schroeder then left to further check the documents Smiley had in
his possession. Smiley told me that the maps he surrendered were his and
that he took them to the Library to compare the quality of his maps to the
quality of the Library's maps.
Lt. Holohan asked Mr. Smiley if he had anything belonging to the Beinecke
Library. Smiley opened his blazer and removed some type of credit card form
from his inside left pocket. Lt. Holohan noticed that there was still a
bulge in that same pocket and asked Smiley what else was in there. Smiley
then took out a map and gave it to Lt. Holohan, and said "Oh I forgot about
that." I then checked with Cordes who told me that the map Smiley had in
his pocket was the map missing from the books she showed Smiley just a few
moments earlier.
The map is described as having a portrait of John Smith in the upper left,
dated 1614, 20 x 15 CM, valued at approximately $50,000.00.
I asked Smiley where he got the map and first he told me he bought it from a
dealer in London, Mr. Philip Burden. When I asked for a way to confirm the
sale, Smiley told me he wasn't sure if it was Burden; it may have been
someone else.
Smiley was then arrested for Larceny in the First Degree in violation of CGS
53a-122, transported to New Haven Police detention by Officer Funaro for
processing.
When Smiley was arrested on June 8, 2005 he had the following maps in his
possession.
1. 36.4 x 49.3 cm map, titled TYPIS ORBIS TERRARVM--Call number Taylor 188
valued at $78,000.00.
2. 32 x 44.8 cm, titled Part of America Part of China--call number
Vanderbuilt 57, valued at $50,000.00.
3. 42 x 55 cm, titled Vnivers Orbis sevterraniglo--call number 1976 Folio
2, valued at $150,000.00.
4. 30 x 44.4 cm map titled Thorne map, "Septentrio vniversalis descriptio,"
authored by Hakluyt, Richard, 1552-1616, comp. valued at $500,000.00.
5. 30.2 x 38.8 cm, Facsmile map of New America authored by Hubbard unknown
value
6. 37 x 48 cm map, titled Lac Superieur, valued at $25,000.00.
7. 37 x 51.1 cm map, titled Carte generale de la nouvelle France, authored
by Le Clerc, Chrestien, ca. valued at $75,000.00.
On June 9, 2005 I was contacted by Ellen Cordes of the Beinecke Library and
told that three of the seven items Smiley showed her in June 8, 2005, were
the property of the Beinecke Library. Ms. Cordes said that her research of
the Library records showed items 1, 2, and 3 listed above were stolen from
the Library by Smiley on June 6, 2005. Ms. Cordes produced records that
showed what books Smiley looked at on June 8, 2005. Those records showed
call number Taylor 188, Vanderbilt 57, and 1976 Folio 2, were examined by
Smiley on June 8, 2005 and were missing the maps. Those missing maps were
found in Smiley's possession.
Ms. Cordes also produced a video tape of Smiley examining several books on
the 8th of June. The tape shows Smiley removing the map from the 1976 Folio
2 book. There was no other video that day due to the fact security cameras
were not turned on until the library was aware of the possibility of a theft
in progress.
On June 15, 2005, I met with William Reese a private dealer in rare maps at
the Beinecke Library. Mr. Reese is retained by Beinecke Library as a book
appraiser, as well as an advisor in rare book collections. He appraised the
stolen maps and identified the stolen maps as from the Beinecke Library.
The book titles North West Fox or Fox from the North West Passage by Luke
Fox 1586-1635, was signed out by Smiley on June 8, 2005. That book was
exmained by Ms. Cordes after Smiley returned it and found to be missing the
map titled Part of America, Part of China. That map was inventoried by
Library Staff at an earlier date and found to be part of the above mentioned
book. The map titled Part of America part of China was one of the seven
maps surrendered by Smiley on June 8, 2005. The books paper is described as
being washed and pressed, which is sometimes done to preserve old books.
The map Smiley had was also washed and pressed which would indicate that map
came from Beineck's book.
That based on the above stated facts and circumstances described in this
affadavit, it is the request of this officer for the courts consideration
and belief that probable cause exists for the issuance of an arrest warrant
for the subject, Edward Forbes Smiley III on the violation of Connecticut
General Statutes 53a-122 Larceny in the First Degree.
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Everett Wilkie
2006 Carey Road
Kinston, NC 28501
252-522-0261
Cell: 860-712-4421
"Keep pets on leash."
--Sign at alligator exhibit