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Grand Jury Indictment

Grand Jury Indictment

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Published by LongIslandPress
Indictment against three Nassau cops.
Indictment against three Nassau cops.

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Published by: LongIslandPress on Mar 02, 2012
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SUPREME COURT: COUNTY OF NASSAUSTATE OF NEW YORK-------------------------------------------------------------XTHE PEOPLE OF THE STATE OF NEW YORK- against -Indictment No.: 338N/12WILLIAM FLANAGAN,JOHN HUNTER, andALAN SHARPE,Defendants.-------------------------------------------------------------XCOUNT ONETHE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, accuses thedefendants WILLIAM FLANAGAN, JOHN HUNTER and ALAN SHARPE of the crimeof CONSPIRACY IN THE SIXTH DEGREE, a class B misdemeanor, in violation of Section 105.00 of the Penal Law of the State of New York, committed as follows:The defendants, WILLIAM FLANAGAN, JOHN HUNTER and ALAN SHARPE,individually and aiding and abetting and being aided and abetted by each other and others,on or about and between the 19th day of May 2009 and the 19th day of September 2010, inthe County of Nassau, State of New York, with intent that conduct constituting a crime beperformed, agreed with one or more persons to engage in or cause the performance of suchconduct, to wit: each defendant, with the intent to engage in conduct that constituted thecrime of Official Misconduct, agreed with one or more persons, including the father of atarget of a felony investigation who was not a member of the Nassau County PoliceDepartment, to return recovered stolen property to a cooperative complainant in an openfelony investigation in an effort to justify and ensure the non-arrest of the target whose
arrest would have otherwise been warranted, in order to benefit the target’s father, a
financial and personal benefactor of members of the Nassau County Police Department.At all times relevant to the time period delineated in this indictment:Defendant JOHN HUNTER was a member of the Nassau County Police Department andheld the position of Deputy Chief of Patrol.Defendant WILLIAM FLANAGAN was a member of the Nassau County PoliceDepartment. In May of 2009, defendant FLANAGAN was a Detective Sergeant who wasthe Commanding Officer in the Asset Forfeiture Bureau. In July of that same year,defendant FLANAGAN was promoted to Second Deputy Commissioner of Police.
 
Defendant ALAN SHARPE, a member of the Nassau County Police Department, was aDetective Sergeant assigned to the 7
th
Precinct Detective Squad. Defendant SHARPE wasalso designated the Deputy Commanding Officer of the 7
th
Precinct Detective Squad.
“The target’s father,” a person known to the Grand Jury and to the District Attorney’s
Office, was a Certified Public Accountant and a partner of a Manhattan-based accountingfirm who regularly hosted and paid for lunches and dinners for high-ranking members of law enforcement from Nassau County and other Agencies. Defendants HUNTER andFLANAGAN frequently attended these meals.
“The target,”
 
a person known to the Grand Jury and to the District Attorney’s Offic
e, was ahigh school senior at JFK High School in Bellmore, Nassau County, and began working asa civilian employee with the Nassau County Police Department Ambulance Unit on July29, 2008. Defendant HUNTER was instrumental in getting the target his job with thePolice Department. On or about May 19, 2009, an administrator from JFK High Schoolreported a theft of electronic equipment from JFK High School valued in excess of $10,000.00 to an officer from the 7
th
Precinct. In a signed, sworn deposition, theadministrator named the target as the person suspected of stealing the property and stated
that she wanted the target arrested. On May 21, 2009, the target’s friend
, upon learning
from the target’s father that the pro
perty had been stolen, returned certain items of stolenproperty
 previously brought to the friend’s apartment by the target
to the Nassau CountyPolice Department.
On June 16, 2009, the target’s mother returned more of the stolen
property that she received from the target to an administrator with JFK High School.Some of the stolen property was never recovered or
returned. The target’s father hired an
attorney to represent the target in school administrative hearings stemming from the
target’s theft of e
lectronic equipment from JFK High School.Each defendant committed at least one of the following overt acts in furtherance of theconspiracy:1.
 
On or about May 21, 2009, defendant HUNTER, a Deputy Chief of Patrol, respondedto a referral to the Internal Affairs Unit which was made on or about May 20, 2009,by the Commanding Officer of the 7
th
Precinct Detective Squad, of a civilian
employee (“the target”) having been named as a suspect in a felony theft of property
from JFK High School. Defendant HUNTER, who was
not in this unit’s direct chain
of command, informed the Commanding Officer of the 7
th
Precinct Detective Squadthat the felony investigation would be handled by the 7
th
Precinct Detective Squadand not by the Internal Affairs Unit. At the time, the Internal Affairs Unit did notdirectly report to defendant HUNTER. Defendant HUNTER further requested thathe be kept informed of the status of the felony investigation.2.
 
On or about May 21, 2009, an unindicted co-conspirator met with the administratorfrom JFK High School who had reported the theft to the police to discuss the theft of the electronic equipment and explored the school
administrator’s willingness to
withdraw the criminal complaint. During the interview, the school administrator told
 
the unindicted co-conspirator that she would not consider the withdrawal of criminalcharges against the target.3.
 
On or about May 22, 2009, defendant SHARPE, a Detective Sergeant assigned to the7th Precinct Detective Squad and the supervisor of this investigation, met with thetarget's father at the behest of defendant HUNTER to discuss the felony
investigation. During that meeting defendant SHARPE showed the target’s father the
stolen property that had previously been returned to the Nassau County PoliceDep
artment’s 5
th
 
Precinct by the target’s friend.
4.
 
On or about May 23, 2009, at the request of the target’s father, defendant HUNTER met with the target’s father in a diner and
discussed the felony police complaint inwhich his son was named regarding the stolen property from JFK High School.
Defendant HUNTER previously assisted the target’s father with police
-relatedmatters regarding his son. Following the diner meeting, defendant HUNTER calledthe 7
th
Precinct and engaged in a two-minute conversation with someone at thePrecinct.5.
 
On or about May 26, 2009, defendant HUNTER initiated an e-mail exchange with
the target’s father to find out if he had “heard anything” about the target’s situation.
As
a response to defendant HUNTER’s
 
inquiry, the target’s
father informeddefendant HUNTER that he had met with the school administrator and that the
“district was still looking at the options,” to which defendant HUNTER told him thatif there was anything defendant HUNTER could do for him, the target’s father sh
ouldlet him know.6.
 
On or about May 30, 2009, in an e-mail exchange initiated by defendant HUNTER,
defendant HUNTER told the target’s father that he didn’t want “to bother” thetarget’s father but that he was “hoping things” were “working out with” the
target.
Defendant HUNTER let the target’s father know that he should let defendantHUNTER know if there was anything the target’s father needed. In that same e
-mail
exchange, the target’s father requested that defendant HUNTER get defendant
SHARPE and th
e “pd” to “lay low” on the criminal investigation. DefendantHUNTER wrote that he would “make sure that is done.” After the target’s father tolddefendant HUNTER “thank you for being a great person and friend,”
in that same e-mail, defendant HUNTER respo
nded “[a]s you taught me that is what friends arefor!”
 7.
 
On or about June 12, 2009, the target’
s father directed defendant HUNTER as to thedate, time and place where the property should be returned. In response, defendant
HUNTER told the target’s father that he was “making arrangements to have the itemsdelivered.” Defendant HU
NTER further sought instruction from the
target’s father 
about the name of the school administrator who should receive the stolen property.
In response, the target’s father gave defendant HUNTER the name
of a schooladministrator to whom the stolen property should be returned.

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