Yonkers Police Department Intelligence Unit Detective Sean Fogarty Offered to Plead to a Misdemeanor Felony Charge
Spano Administration Abided By the Adage: “I see nothing! I know nothing!”
Corrective Conduct of the Past Reverts to Misconduct of the Present.
YONKERS, NY — December 26, 2019 — Detective Sean Fogarty is the son of the J.C. Fogarty restaurant owner based in the Village of Bronxville. Sean was a detective assigned to the Yonkers Police Department Narcotics and Gang Unit. In 2012, testimony by YPD Detective Christopher Koch and Police Officer Neil Vera was proven false, particularly with respect to the Dario Tenor case. Koch and Vera perjured themselves in a court of law. The court was lenient however, they each would come to serve jail time during weekends.
It was in fact at that time frame, as an aftermath of the Tenor case, that perjurer P.O. Neil Vera, a Yonkers Police Benevolent Association (PBA) Trustee, at the behest of Yonkers PBA President Keith Olson carried a petition to expel Yonkers Police Detective Ray Montero, a member in good standing. Koch and Vera were represented by the Quinn Law Firm.
Neil Vera’s supervisor in the Housing Unit years ago was Chris Sapienza who was banished to First Precinct while the Westchester County Criminal probe continued over the Koch and Vera investigation. Months later Lt. Chris Sapienza was elevated to captain and within to two weeks he was picked up by Police Commissioner John Mueller to be Deputy Chief.
The catalyst for change became the Dario Tenor case. P.C. Charles Gardner admonished Sapienza for not properly supervising the Housing Unit. Gardner noted that evidence was not properly stored, reports were neither supervised or records maintained, proper record keeping was not undertaken with best practice and protocol, even not handed in a timely manner; all under Sapienza.
The maligned records of the Tenor case would become the catalyst for reassignment and reshuffling of YPD personnel under the aegis of Yonkers Police Commissioner Charles Gardner. Yet despite P.C. Gardner’s initial efforts of reassignments were eclipsed over time and reverted to their previously debauched state. The Spano Administration aided and abated the “friends and family” elitists who did what they were told to do, knowing full well that the Spano Administration enabled them with an “I know nothing; I see nothing” attitude.
The Spano Administration was giving directives to Gardner who over time realized that their directives were not to the best interest of the Yonkers Department. Gardner put the brakes on their underhandedness recognizing that it undermined the YPD, its integrity and professionalism. The Spano Administration was besides themselves over Gardner’s conduct. In the last years P.C. Gardner may have realized that he was being maligned by the Spanos and wanted no part of it.
The Spanos would spend the next eight years to return the Yonkers Police Department to its former deleterious conduct and undermine every directive issued by P.C. Gardner, and to eventually successfully push Gardner out the door. That accomplished, Police Chief John Mueller was elevated to YPD Police Commissioner at the behest of PBA union pressure.
Fogarty was caught up in the Gardner reshuffle. He was assigned to the Drug Enforcement Unit.
In April 2018, DEA Det. Sean Fogarty was part of a DEA Task Force who was engaged in the arrest of one Calvin Powell, which included NYPD Police Officer John Doherty, and Mount Vernon Police Officer Johanna Santos. From April 2019 to September 2019, Mr. Powell has incarcerated at Rikers Island. Mr. Powell has filed suit against the United States, New York City, the City of Yonkers, Doherty, Fogarty, and Santos.
The fact that Sean Fogarty was under criminal investigation for perjury, did not dissuade or undermine Forgarty’s capacity to climb higher up the elitist food chain. The Spano Administration had him assigned to the YPD Intelligence Unit where his responsibilities demanded he process background investigations, sensitive internal Yonkers City Hall investigations, corruption investigations, assign security to dignitaries visiting the City of Yonkers, including driving Mayor Mike Spano. It did not preclude overtime either.
The Bronx Prosecutor’s Office suggested the 45 year old Sean Fogarty plead guilty to a misdemeanor perjury charge that would not cause him the loss of his accrued pension benefits. Fogarty applied for retirement with the Office of New York State Comptroller Thomas A. DiNapoli on December 11, 2019, the day the charges were filed against him. Yonkers Police Departmernt and Yonkers City Hall was well aware of the criminal investigation against Fogarty by The Bronx County. It is anticipated that he will plead guilty tomorrow Friday, December 27th.
The circumstances that were promulgated against Calvin Powell are reminiscent of conduct similar to that of the Dario Tenor case.
In the case of Dario Tenor, the person for whom a search warrant was falsely obtained was for the premises to which Vera and Koch arrived. Dario Tenor was in the apartment, but he was not the person for whom the search warrant was authorized. It seems the “fake news” of that day was that Dario Tenor ran toward the window to escape the two YPD Police Officers who were chasing him in the apartment. His body was found to have landed on his back, which allegedly suggests he may have been pushed out the window. If he were running from the officers as alleged and jumped toward the outside he would have jumped facing forward and landed on his front rather than his back. The bottom line, Vera and Koch perjured themselves in their attempt to concoct a tale.
Calvin Powell who had served a 10-year sentence in a federal penitentiary served the time after having admitted to then selling cocaine. It was his third offense. On April 18, 2018 his parole officer advised him that her associates would be conducting a house inspection. Powell met them outside and was confronted by members of the task force. They had a search warrant. Powell owned the property where he resided. It was three stories high, only the first two floors were covered by the search warrant. Powell lived on the ground floor, a tenant on the 2nd floor, and a another tenant on the 3rd floor. Nothing was discovered on the ground or 2nd floor. The Task Force entered the 3rd floor without legal right. They discovered cocaine, crack cocaine, drug paraphernalia, and an undisclosed amount of cash
Fogarty had initially informed a prosecutor that the stash found on the third floor was instead found on the second floor. When Powell’s defense team presented photographic evidence refuting the assertions by Doherty, Fogarty, and Santos, and ascribed their signatures, the judge ordered defense lawyers and prosecutors to return to the apartment building. Upon their return to the court, prosecutors were in concurrence and agreed to drop the charges.
Yonkers Tribune called Yonkers Police Commissioner John Mueller’s Communications Director Lt. Dean Politopoulos last week about a person on the force who we heard would be forced to retire under a criminal investigation and thereby be dismissed. I was asked if I knew his name. I said , No! Even though I did know as I presumed he would know. He advised that we would learn at the same time. Which turned out not to be the case. Welcome to Yonkers.
NOTE: What is most appalling is that there has been no notice / statement from Yonkers Police Commissioner John Mueller, as well as not from the Spano Administration, keeping the public informed.
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Statement from Westchester County District Attorney Anthony A. Scarpino, Jr.
on Yonkers Police Detective Sean Fogarty
“We have learned that Detective Sean Fogarty, a retiring member of the Yonkers Police Department, is the subject of a Federal lawsuit brought by a wrongly accused man, stemming from a drug case where Fogarty was assigned as a member of the U.S. Drug Enforcement Administration (DEA) Task Force. The allegation is that he perjured himself in a search warrant application.
“In light of these allegations, I have ordered an immediate review of all past and pending cases in which Det. Fogarty may have been involved to be conducted by First Deputy District Attorney Victor Olds, Chief of Professional Responsibility who heads our conviction integrity investigations. FDDA Olds reports directly to me and has full authority to access all the resources of our Office to conduct a complete and thorough investigation in collaboration with our Investigations Division Public Integrity Bureau.
“If we determine that any conviction was the result of an illegal action by Det. Fogarty, we will immediately move to vacate the conviction.”
— Westchester County District Attorney Anthony A. Scarpino, Jr.