Yonkers detective pleads guilty to perjury after suit by wrongly accused man

A Yonkers police detective pleaded guilty to a perjury charge Friday in a Manhattan courtroom, admitting that he lied about a drug arrest last year.

News 12 Staff

Dec 27, 2019, 7:55 PM

Updated 1,673 days ago

Share:

A Yonkers police detective pleaded guilty to a perjury charge Friday in a Manhattan courtroom, admitting that he lied about a drug arrest last year.
Sean Fogarty was the subject of a federal lawsuit brought by a wrongly accused Bronx man.
Fogarty, who had been assigned as a member of the U.S. Drug Enforcement Administration Task Force, conducted an illegal search of 3410 Barker Avenue in the Bronx, on April 18, 2018.
During the search, 17 kilograms of cocaine were seized from a third floor, although the warrant only permitted search of the first and second floors.
The illegal search sent Calvin Powell of the Bronx to prison for months. During this time, his father passed away and Powell missed the funeral.
Fogarty pleaded guilty to misdemeanor perjury in the third degree.
Mayor Mike Spano released a statement, stating, “Because Detective Fogarty was assigned to the DEA task force and not under direct supervision by the Yonkers Police Department, I cannot comment on the specifics of this case. I will say that the Yonkers Police Department demands 100 percent integrity from all its officers, and that they must accept the consequences if they fail that test."
News 12 is told Westchester County District Attorney Anthony Scarpino will review past convictions involving Detective Fogarty to see whether any cases involving him were the result of illegal actions.
"If we determine that any conviction was the result of an illegal action by Detective Fogarty, we will immediately move to vacate the conviction," says Scarpino.
It is unclear how many cases may be impacted.
News 12’s Ali Warshavsky spoke with Yonkers Police Benevolent Association President Kevin Olson, who believes Fogarty made a mistake.
"At the end of the day Sean made a mistake and he’s paying dearly for it," says Olson. “We are confident that his cases will hold up. We hope the DA's office is smart about this and fair and doesn't jump to any conclusions. If they are fair about it, then I don't think anything else will be in jeopardy.”
Fogarty must retire from the Yonkers Police Department and has already started the process. His retirement is effective today.
News 12 reached out for comment from both parties’ lawyers but did not receive a response.


More from News 12
1:40
Lithium-ion battery fire blamed for closure of Newburgh tailor shop

Lithium-ion battery fire blamed for closure of Newburgh tailor shop

2:08
Sun skies and warm temps for Saturday in the Hudson Valley

Sun skies and warm temps for Saturday in the Hudson Valley

0:38
Multimillion-dollar transformation on the way for sections of Hudson Valley

Multimillion-dollar transformation on the way for sections of Hudson Valley

0:32
Veteran firefighter who suffered stroke receives warm welcome home

Veteran firefighter who suffered stroke receives warm welcome home

0:17
Yorktown police sergeant celebrates final walkout following 2 decades of service

Yorktown police sergeant celebrates final walkout following 2 decades of service

0:52
Slate Hill family of 5 loses home in afternoon blaze

Slate Hill family of 5 loses home in afternoon blaze

0:37
2 people charged in Middletown narcotics; firearms bust

2 people charged in Middletown narcotics; firearms bust

1:30
Motorcycle, van crash in Greenburgh causes serious injuries

Motorcycle, van crash in Greenburgh causes serious injuries

0:56
News 12 probes mystery cloud traced to Orange County & seen throughout tri-state area

News 12 probes mystery cloud traced to Orange County & seen throughout tri-state area

1:02
Hillcrest Fire Department receives 2,000 cans of drinking water, courtesy of Anheuser-Busch

Hillcrest Fire Department receives 2,000 cans of drinking water, courtesy of Anheuser-Busch

1:37
Storm Watch Team Meteorologist Skyler Harman strikes down lightning myths

Storm Watch Team Meteorologist Skyler Harman strikes down lightning myths

2:33
Can swimming become dangerous due to extremely high water surface temperatures?

Can swimming become dangerous due to extremely high water surface temperatures?

0:32
NYC officials: Westchester caseworker’s death ruled a homicide

NYC officials: Westchester caseworker’s death ruled a homicide

0:40
State, federal lawmakers introduce legislation to shorten funding gap for World Trade Center Health Program

State, federal lawmakers introduce legislation to shorten funding gap for World Trade Center Health Program

0:34
Ex Frito-Lay employee files defamation lawsuit against PepsiCo claiming he invented ‘Flamin’ Hot Cheetos

Ex Frito-Lay employee files defamation lawsuit against PepsiCo claiming he invented ‘Flamin’ Hot Cheetos

0:40
Executive orders still in place preventing Rockland County and Orange County hotels from converting into migrant shelters

Executive orders still in place preventing Rockland County and Orange County hotels from converting into migrant shelters

0:54
Headlines: Drug ring prison sentence, Newburgh felony charge, uptick in car thefts in Briarcliff Manor

Headlines: Drug ring prison sentence, Newburgh felony charge, uptick in car thefts in Briarcliff Manor

0:20
Man sentence to 10 years in prison for running Orange County drug ring

Man sentence to 10 years in prison for running Orange County drug ring

1:18
Town of Wallkill propose noise ordinances at Orange County fairgrounds

Town of Wallkill propose noise ordinances at Orange County fairgrounds

0:34
Finger in salad lawsuit against Chop’t discontinued

Finger in salad lawsuit against Chop’t discontinued