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 1,581 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
0:36
NYPD: 2 suspects wanted for robbing, injuring man in Concourse Village

NYPD: 2 suspects wanted for robbing, injuring man in Concourse Village

1:42
Sunny morning followed by clouds and light showers in New York City

Sunny morning followed by clouds and light showers in New York City

1:20
Bronx Zoo begins 16th annual Run for the Wild event

Bronx Zoo begins 16th annual Run for the Wild event

0:46
NYPD: 2 suspects wanted for robbing taxi driver at gunpoint in Morris Heights

NYPD: 2 suspects wanted for robbing taxi driver at gunpoint in Morris Heights

1:29
Teen patients at Montefiore celebrate annual prom for first time since pandemic

Teen patients at Montefiore celebrate annual prom for first time since pandemic

1:55
Authorities: 41-year-old man killed by his own dog in Longwood

Authorities: 41-year-old man killed by his own dog in Longwood

1:40
Bronx residents say elevator has been out of service for weeks

Bronx residents say elevator has been out of service for weeks

2:03
Home Depot customers weigh in on recent stretch of bad encounters

Home Depot customers weigh in on recent stretch of bad encounters

2:08
MTA outlines new details on congestion pricing, including start date

MTA outlines new details on congestion pricing, including start date

0:56
Bronx nature-lovers celebrate arrival of cherry blossoms

Bronx nature-lovers celebrate arrival of cherry blossoms

0:30
Coney Island named a top 25 U.S. beach in Travel + Leisure

Coney Island named a top 25 U.S. beach in Travel + Leisure

1:46
NYPD: 2nd suspect linked to killing of 17-year-old in Morrisania at large

NYPD: 2nd suspect linked to killing of 17-year-old in Morrisania at large

1:43
See what's happening across the Bronx the weekend of April 27-28

See what's happening across the Bronx the weekend of April 27-28

1:59
6-year-old girl from the Bronx making, selling custom T-shirts for Mother's Day

6-year-old girl from the Bronx making, selling custom T-shirts for Mother's Day

0:29
Where to drop off your prescription drugs safely in the Bronx for National Take Back Day

Where to drop off your prescription drugs safely in the Bronx for National Take Back Day

0:27
Police: Bronx man beaten, stabbed at Showboat Resort Atlantic City; 1 arrested

Police: Bronx man beaten, stabbed at Showboat Resort Atlantic City; 1 arrested

1:55
Tribute held for survivors and victims of high-profile violent Bronx crimes

Tribute held for survivors and victims of high-profile violent Bronx crimes

0:24
Councilmember Marmorato meets with Home Depot staff to discuss security measures

Councilmember Marmorato meets with Home Depot staff to discuss security measures

2:03
Council Member Sanchez introduces building inspection, integrity bills after Billingsley Terrace collapse

Council Member Sanchez introduces building inspection, integrity bills after Billingsley Terrace collapse

1:34
MTA rolls out multibillion-dollar plan to protect transit system from major storms

MTA rolls out multibillion-dollar plan to protect transit system from major storms