Privilege Continues to Undermine the Integrity of the Yonkers Police Department
HEZI ARIS

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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.

The Blue Truth

Bronxville Tribune / Yonkers Tribune / Mount Vernon Tribune / Westchester Tribune Publisher / Editor-at-Large and WHYT Radio’s Westchester On the Level Host Hezi Aris.

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.

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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.

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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.      

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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.

# # #

Statement from Westchester County District Attorney Anthony A. Scarpino, Jr.

on Yonkers Police Detective Sean Fogarty

Westchester County District Attorney Anthony A. Scarpino, Jr.

“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.

 

eHeziPrivilege Continues to Undermine the Integrity of the Yonkers Police Department
HEZI ARIS

Comments 58

  1. Laughable how the Yonkers PBA prez can make a comment on this case given his own belligerent actions against others. When Olson and the Quinn Firm are gone then maybe the Department can start to enforce State and Federal Laws. Right now anything goes under the Spano’s.

  2. KO is one of the biggest liars on the Yonkers PD. They should look into how he set up others with his unauthorized investigations which resulted in PC Gardner putting out the “ Keith Olson Rule” meaning no single personnel can conduct their own independent investigations without notification to the proper channels. Something that Mueller, Brian Moran and KO did. It should be very interesting to see how their lawsuit unveils what they did to others.

  3. The Westchester D.A.’s office should really be looking more into the Yonkers PBA union leader and what has been occurring entirely with the direct knowledge of Mike Spano. Civic organizations need to stop looking for jobs and do their jobs before your the next target. If they can’t then maybe the Manhattan people can.

    1. FYI , talk about legal fees Olson uses Andy Quinn against any cops that he targets. He threw out a good standing member on all lies and kept deducting dues toward the Quinn Firm until the NYS Court set the record straight about two years later. That is what Keith Olson and others have been doing.

  4. Ah, Fogarty, the cop making $198,000/year perjures himself, sends someone to Rikers for five months, then takes early retirement with a pension. What a heartwarming story for the holidays.

    1. Sure seems like the Yonkers PD has more than a few bad apples with Keith Olson himself taking the stage on more than one occasion. What does it say to the community when cops refuse to be transferred, refuse urine tests, harass their own and cops overdose in radio cars while on duty. The lies on search warrants and on police reports is a whole other issue.

      1. A few more will be added this week!!!!

        Felon Anthony Caragine will fit right in with KO and the group of outlying thieves.

        And the fat nephew who took 3 TIMES to finally pass (wink wink) the agility will get along great with KO

    2. Instead a drug dealer goes free….then will sue and make his score anyway. Meanwhile a decorated detective takes a hit. There is something wrong here.
      Then the pols jump in——no bail? Please!

      Then the DA piles on ——big mistake Scarpino.

  5. This is not surprising when you have a cheese filled union prez pounding his chest telling the new recruits that this is Yonkers and they can get away with anything. Only in the Yonkers Police Department do they keep Street trash and try to hire accused thieves. That’s how he got those idiots to give up another $40 a month in union dues.

    1. The inspector or any internal probe from City Hall is like going to Nick Spano’s house for Justice. Can’t get Justice from a guy that takes all the union cash. Just ask Keith Olson who thinks Nick is his Dad. More cash and we look the other way. Do yourselves a favor and take the train to the next waterfront town where crime is not widespread.

  6. There are very few cases the DA will take from Yonkers because…Yonkers has an Inspector General. This one because it could taint his cases but he has nothing to say about “discipline.” If you know someone in the DA’s office ask them!

  7. So unbelievable how the Yonkers PBA and the Quinn Law Firm didn’t reimburse a Detective who had to hire his own lawyer to defend himself during the Vera probe. Then because the member is not an Olsonette they didn’t provide him with any legal services again after Olson physical assaulted him. Yup, your honor it’s all a lie according to the PBA Leader now let me sign my lawsuit Quinn. Lol

    1. Oh your honor I did not target the Khader’s either. Mueller was circling while I was looking to write more tickets. Can’t believe that my feelings are hurt as a public figure.

  8. if the convicted felon owned the structure as stated and lived on the first floor he would have access to all apts why wasn’t the warrant issued for the entire building? if its a privacy issue then why was the warrant issued for the second floor ???

    1. Good question, but that was for them to figure it out before anything. Just sad but doesn’t wipe out the misleading statements. What happen to the mighty Quinn Firm?

      1. It is so obvious that all of these comments are from people on the inside and probably friends of Fogerty and his cohorts. This ex cop bought a house with cash in Chadwick Beach New Jersey around The same time that this discovery of perjury was made and I think that is way too coincidental because there is no way a Yonkers Police Officer can afford To buy a house in this area with cash! Where there is smoke there is definitely fire

    2. Had this arrest happened after 1 January 2020 this mutt would have walked because there would have not been any bail-you can thank Stewart-Cousins, Mayer & Sayegh for the Bail Reform Bill of 2020-yet the intellectually deficient politician’s in Yonkers & also it’s high ranking police officials continue to photo-op it up with them-not surprising since most of the bosses in Yonkers there biggest collar in their career is Macy’s holding 1-not all but most .

      1. Just because he is a drug dealer does not mean he is a mutt! The cops were outsmarted by this “mutt” So they had to lie to make it stick. I am positive this is not the first time that this has happened and they are looking into all of his old cases now and I think they should look closely because I’m sure if they do they will find that these cops were living high & large On a PO‘s salary buying new cars, new houses, Big vacations and $75,000 remodeling on their homes.
        I think that is way too coincidental and it definitely should be looked into further

  9. Anyone concerned about the DOJ looking into the Yonkers PBA and the Yonkers Police Department should call the Quinn Law firm who currently is representing Olson, J. Joker Mueller and Brian Snoop Moran the file carrier.
    Ask for big Fitz the man with the cane who is also representing Jamal the DWI stunt driver.
    Get their early so Quinn can pile up your lies to cut you a plea bargain like all his other recent cases.
    Remember “ strength in perjury” the PBA motto.

  10. Wondering if KO I going to tell the Judge how he physically attacked another cop twice? Or maybe how he told a packed union hall that he had another cop personnel file?

  11. Bottom line is that union money talks in the City of Corruption. So sign up and become a Yonkers PBA union rat. The more you pay the more you play. Don’t worry fat Nick Spano controls the PD. Thank goodness that the Firefighters are a lot smarter than those blinded cops.

  12. If you are one of those persons that carry Keith Olson’s nasty sweater vest, well then you can snort coke, pop pills, lie on others and even target people with summons like Olson himself.
    Now if you happen to be an independent thinker and don’t sweat to perjury against all others then your toast.

  13. It’s interesting that Sean Fogarty refused to push the mayor’s nephew through after doing caragines background check and realizing the mayor was about to put a raving Thief into the police department and now all of a sudden he gets forced into retirement and indicted. Same with commissioner Gardner, he also refused to hire Anthony caragine after speaking to the bosses at the various police departments that had cases against the mayor’s nephew for stealing. So now that the mayor and his brothers got rid of the speed bumps we should expect to have a thief sworn in to the police department in this class. Along with a few other family members that failed the physical and psychological. Another 4 years this department will be filled with the useless family members they couldn’t find other jobs for.
    Thank you Sean and commissioner Gardner for not caving in

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      The way I hear it Anthony Carragine will enter the January Probie class for YPD Police Officer training. I ill have to make notice of it the second time around. Thanks for the reminder. — Kindly, Hezi

          1. All of these comments are from the inside and it is very coincidental that all of this information is being released right after Sean Fogerty arrest and I’m sure if you look into it it is definitely him and his cohorts going rogue as they have been for years

    2. I agree and thank both for the work they have done. But you are dealing with lying Spano’s who will have Mueller push him through so he can steal and lie on police reports too. Don’t worry as according to Olson the Yonkers PBA can do what they want to others as they have done thus far, just read some of the complaints against them. They don’t call the fat union leader a curb runner for nothing.

    3. Oh yeah! I heard so many SpanNo family & friends including the felon Anthony and now dumb ass James Nolan are trying desperately to get into YPD.

      Nolan has taken the test repeatedly, but can’t get a decent grade. His family, his mother and father are promoting the Gun Buy Back program. Always trying to get a promo shot with County or State officials. What a crock of shit! And the mother is doing interviews for Ru Ros, lol!!

      This family are financial blood suckers off Yonkers and NYS! I’m sorry they lost their son, he had great talent but in the end was a hoodlum!!! No doubt about it and his family now is all about promoting themselves off his death. Shane on them!

      I just hope YPD doesn’t try to qualify someone who is unqualified. Wouldn’t want to see Nolan with a gun, his uncle has fired far off way too many illegal guns in a drunken stupor!

  14. Unlike what Mueller and Olson think, the bottom line is that all cops need supervision. It was the smartest man alive John Mueller who let his plainclothes cops go out unchecked. It was Mueller himself who wanted demanded some of the narco cash so his people could go out to make Narcotics buys and create their own Confidential Informant files separate from the Narcotics Unit.
    Luckily that was stopped and left Mueller in his flip flops at the 4th Pct.

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  15. Mike Spano should be the last fat man to put a statement out about Integrity after he left Jamal at duos to fend for himself while a Police Detective drove him home.

  16. The Spano’s knew about what Keith Olson was doing to people and did nothing but take the PBA cash and made sure that the Olsonettes were NOT disciplined. Not much different than the fake statement Mike Spano put out. He wasn’t telling Sean that as he was getting driven around by him.

  17. The Yonkers Olsonettes are the most corrupt police personnel ever encountered. They targeted civilians and other police personnel that refused to drink their Kool-Aide of corruption. Hope the Judge handling their lawsuit calls in some character references. Hope they ate strapped to their chairs because Mueller and Olson harassed some good damn people. Under Mayor Mike Spano Yonkers Police Department needs to have Judicial oversight so long as Olson and John Mueller control the Police Department. Can’t be any clearer.

  18. Yeah he is Mueller’s stooge and the same guy that let Neil Vera do Narcotics buys while being a Housing cop. Yup he even lied to Koch. As for John the Joker Mueller and his holding hands buddy Keith Olson they both live in a sea of lies. That is a fact not the bullsh*it lawsuit Quinn is peddling.

  19. Let’s bring in Yonkers PO Deputy Dawg, champion for all that is right (in his mind). He will come in and completely investigate and write traffic summons against anyone (accept anyone directly connected to the City of Yonkers Government) found in violation of any traffic sign law posted. He will put on his Navy Blue Tights and his white cape and will serve justice, all while chewing a big wad of gum.

  20. Statement by Mike Spano

    “Yonkers Mayor Mike Spano said in a statement today. “I will say that the Yonkers Police Department demands 100% integrity from all its officers, and that they must accept the consequences if they fail that test.”

    Where is your integrity Mayor ? You just appointed a police commissioner with questionable past, you and your administration are the problem. The DA should investigate you and your administration.

    YPD

  21. YPD went from one of the best to the worst PD in NYS. Members are running out the door with twenty years of service. Keith Olson is no doubt the worst union leader YPD has ever had. Quinn has made plenty on the backs of the membership and Olson has never made public that cost.

    1. Fact: Spano’s put him and others in I.U. All during the probe. Guess what the new recruits are saying seems correct, “ you can just about do anything under Olson and never go to jail for it”. Just look at the cop that overdosed in the third precinct parking lot. YPD rehabilitates drug addicts and then rearms them. Where do we sign up? I just do a line of coke or two before work.

  22. FACT: Gardner put Fogarty in the DEA Task Force. The incident in question occurred in April 2018, more than a year before Gardner “retired.”

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      I guess you want to blame now retired P.C. Charles Gardner, At issue is not the exact date but the fact that with support by the Spano Administration, Mr. Gardner directives were undermined by those the administration, the likes of present P.S.Mueller and PBA President Det. Olson. YPD continues to be out of control and I do not see a change for the positive for years. Fogarty was advanced because daddy gave money in support of his son. That is ho it works in Yonkers. Your comment suggests you are familiar with the department yet yo skirt the manner by which the YPD is governed. It is not anywhere nearly on the level. —- Kindly, Hezi

  23. And Keith Olson and Mueller say their feelings were hurt in that cesspool Yonkers PD where these two are the top liars. The D.A’s Office should have looked into who broke into the Narcotics Office.

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