Yonkers detective pleads guilty to perjury after suit by wrongly accused Bronx 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 28, 2019, 6:08 PM

Updated 1,630 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 Ave. 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 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.
Yonkers 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 Det. 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 became effective Friday.
News 12 reached out for comment from both parties' lawyers but did not receive a response.
 


More from News 12
1:47
Family of missing Morris Park man left with questions after three months

Family of missing Morris Park man left with questions after three months

2:38
Beautiful sunny skies stick around for the weekend in the Bronx

Beautiful sunny skies stick around for the weekend in the Bronx

2:06
Annual ZP Greek Festival roars on despite earlier rainfall

Annual ZP Greek Festival roars on despite earlier rainfall

1:55
Grand Concourse shop looks to help Bronx residents get in touch with spirituality

Grand Concourse shop looks to help Bronx residents get in touch with spirituality

0:31
NYPD: One teenager dead, another person injured in two Bronx subway surfing incidents

NYPD: One teenager dead, another person injured in two Bronx subway surfing incidents

2:32
Williamsbridge residents calling for help with piles of trash in their neighborhood

Williamsbridge residents calling for help with piles of trash in their neighborhood

1:30
$5.5M check to go toward outdoor field upgrades at William Taft Educational Campus, officials reveal

$5.5M check to go toward outdoor field upgrades at William Taft Educational Campus, officials reveal

1:31
Hutchinson River Restoration Project looks for volunteers for cleanup day

Hutchinson River Restoration Project looks for volunteers for cleanup day

0:23
Police identify 29-year-old fatally stabbed multiple times in the stomach in Claremont

Police identify 29-year-old fatally stabbed multiple times in the stomach in Claremont

0:25
Police: 19-year-old man wanted for stabbing another man in East Bronx

Police: 19-year-old man wanted for stabbing another man in East Bronx

Is your dad awesome? New York City tell us why your dad rocks!

Is your dad awesome? New York City tell us why your dad rocks!

1:34
Find out the best dining trends and dining deals in New York

Find out the best dining trends and dining deals in New York

0:24
NYPD: 2 men wanted for assaulting, robbing 50-year-old man at Mott Haven subway station

NYPD: 2 men wanted for assaulting, robbing 50-year-old man at Mott Haven subway station

1:56
Purple ribbons fill Joyce Kilmer Park to raise awareness about ongoing opioid crisis

Purple ribbons fill Joyce Kilmer Park to raise awareness about ongoing opioid crisis

1:03
Lawsuit alleges sexual abuse at juvenile detention centers in New York City

Lawsuit alleges sexual abuse at juvenile detention centers in New York City

1:44
Bronx Small Business Challenge winner challenging gender roles through woodworking

Bronx Small Business Challenge winner challenging gender roles through woodworking

2:19
Proposed child care budget cuts have some worried about their kids’ future

Proposed child care budget cuts have some worried about their kids’ future

1:33
New public park gives Bronx residents waterfront access

New public park gives Bronx residents waterfront access

1:29
NYPD: 42-year-old stabbed, robbed outside Williamsbridge bodega after argument; suspects at large

NYPD: 42-year-old stabbed, robbed outside Williamsbridge bodega after argument; suspects at large

1:55
From the Bronx to Broadway: Actress Kecia Lewis earns her first Tony nomination

From the Bronx to Broadway: Actress Kecia Lewis earns her first Tony nomination