DA Seeks To Vacate Convictions And Charges Of 27 After Probe

MOUNT VERNON, NY — A Westchester County District Attorney's Office probe into the Mount Vernon Police Department's Narcotics Division has ended without any charges being filed, but the DA is now seeking to overturn dozens of convictions associated with the unit's undercover operations.

Westchester County District Attorney Miriam Rocah announced today that she will seek to vacate the convictions and charges of 27 for their alleged drug sales to a Westchester County Police - Department of Public Safety undercover officer during a 2017 narcotics operation conducted by the Mount Vernon Police Department. That operation has been the subject of allegations of police misconduct.

Rocah cited a pattern of inconsistencies, errors and disclosure issues uncovered by the Conviction Review Unit she established early in her term. The district attorney also announced the end of her criminal investigation into the MVPD Narcotics Division that was prompted by allegations of wrongdoing made by a former officer and captured secret recordings.

"In light of the allegations made on the secretly-recorded conversations among various Mount Vernon police officers, as well as complaints from the public received by the District Attorney’s Office, my Conviction Review Unit conducted an exhaustive examination into certain Mount Vernon police narcotics prosecutions," Rocah said in a statement released Wednesday morning. "The Conviction Review Unit’s review uncovered inconsistencies, reliability concerns, and significant disclosure issues that leave me unable to stand by the prosecutions connected to the Mount Vernon Police Department’s 2017 undercover narcotics operation. As a result, I will seek to vacate these convictions and dismiss the charges. Though rare, wrongful convictions erode community trust and the public’s faith in the criminal justice system."

Thirty-two suspects were initially charged in the controversial 2017 narcotics operation. Five of those had their cases dismissed prior to the review. Three were dismissed due to "significant issues with the evidence," and two after the defendants completed diversion programs.

SEE ALSO:

• Mount Vernon Suspends Officer In Ongoing Corruption Probe
• Tapes Not Enough To Charge Police Officers: Westchester DA
• Schumer Weighs In On Mount Vernon Police Scandal
• Feds Begin Investigation Of Mount Vernon Police Department

Of the remaining 27, 26 of which were resolved by pleas, 11 involved felony charges and will be brought before Judge George E. Fufidio in Westchester County Court. The 16 that involved misdemeanor charges will be handled in Mount Vernon City Court.

Among the cases stemming from the operation, 16 individuals served sentences from up to one year in jail up to one-and-a-half to four years in state prison. Another 10 received non-custodial sentences such as conditional discharges or probation. One matter is still open.

None of those convicted are currently incarcerated.

The district attorney said that defense lawyers have all been notified of the CRU’s findings.

Rocah’s separate criminal investigation into the MVPD Narcotics Division, prompted by the secret recordings, uncovered conduct and practices that led the district attorney to request that the Department of Justice conduct a civil rights "pattern or practice" investigation, which it initiated in 2021.

However, the DA said, the recordings themselves are not admissible in court to prove the crimes discussed on them and could not alone support criminal charges. One of the officers heard on the tape recanted allegations, after learning he was also secretly recorded, according to the DA's office.

Although MVPD leadership offered and provided assistance with the investigation, the DA said that without the cooperation of certain Narcotics Division officers and civilians who would be key witnesses, charges could not be brought due to legally insufficient evidence to overcome the high burden of proof in criminal cases of beyond a reasonable doubt.

"I understand that people may be confused and possibly even disappointed by the lack of criminal charges after hearing the secretly-recorded conversations among certain Mount Vernon police officers," Rocah said. "We could not rely on the allegations contained on the recordings as evidence in a court of law. Additionally, our criminal investigation was hampered by significant hurdles, such as recantations by an officer who was heard on the recordings alleging corruption, and lack of cooperation by some law enforcement and key witnesses. As a result of this investigation, and the findings by my Conviction Review Unit, I am proud of the subsequent actions we have taken to help restore even a measure of public faith in our justice system."

The full findings of the Westchester District Attorney's Office criminal investigation into the Mount Vernon Police Department can be read here.

The full findings of the Westchester District Attorney's Office Conviction Review Unit in this matter can be read here.