William Flanagan, a former Nassau County deputy police commissioner who was found guilty last February of official misconduct and conspiracy charges, is appealing the conviction, according to court filings and a Jan. 15 Newsday report.
In the appeal filed late Monday, Flanagan’s lawyer Donna Aldea said they are challenging the legal sufficiency of some of the evidence presented at the trial and argued “prosecutorial misconduct” impaired the integrity of the grand jury proceedings.
Flanagan had been sentenced in July to serve 60 days in jail and three months of community service after being convicted on two counts of official misconduct and sixth-degree conspiracy.
A Nassau County jury acquitted him of a felony charge of receiving an award for official misconduct after deliberating for six days.
The court has stayed Flanagan’s sentence pending appeal. He currently remains free without bail.
A spokesman for the Nassau County district attorney’s office did not immediately comment on the appeal.
A Long Island Press investigative story prompted the Nassau DA’s office to open an investigation. Flanagan resigned in February 2012 when he and two other police officials – Ex-Chief of Patrol John Hunter and former Det. Sgt. Alan Sharpe – were arrested.
Hunter has since pleaded guilty to conspiracy and official misconduct charges. He was sentenced to three years of probation and 500 hours of community service. Sharpe has pleaded not guilty and is awaiting trial.
Prosecutors argued the three used their influence to suppress an investigation into a 2009 theft of $10,000 in electronic equipment from John F. Kennedy High School in Bellmore. The suspect in the case, Zachary Parker – the son of an influential police foundation donor – later pleaded guilty to burglary charges after prosecutors brought forth a grand jury indictment.
Parker’s father, who according to court filings, was accused of asking the police officials for help to Zachary’s arrest, was never charged with a crime.
The police foundation was also cleared in the DA’s probe.