“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.”
In compliance with the Rules of Professional Conduct, Rule 3.6, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
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