An acting Supreme Court judge upheld the conspiracy and misconduct charges against three former top Nassau County Police officials this week who were allegedly involved in an incident related to a theft at Kennedy High School.
According to Newsday [paid link], Acting Supreme Court Justice Mark Cohen upheld the charges and agreed to try the three men separately, as per a defense request.
In rejecting the men's motions to dismiss the charges, Cohen found that prosecutors acted properly throughout the grand jury process. The defense had sought dismissal based on emails they claim undermine the prosecution's case.
Cohen was assigned to the case after two other judges had recused themselves in May and July.
The three former top Nassau County Police officials -- Second Deputy Commissioner William Flanagan, Deputy Chief Inspector John Hunter and Detective Sergeant Alan Sharpe -- were indicted by a grand jury in March on charges that they conspired to and intentionally prevented the arrest of a Merrick teenager whose father was a financial benefactor of the police, the Nassau County District Attorney's office said.
The teen being protected, Zachary Parker, now 21, pleaded guilty in March 2012 to third-degree burglary and third-degree criminal possession of stolen property after stealing $11,000 of electronic equipment from Kennedy High School in May 2009.