DA's Office Says They Do Prosecute Law Enforcement When Appropriate

Lucian Chalfen, a spokesperson for the Westchester County District Attorney's office said that White Plains Assistance Police Chief Anne FitzSimmons shouldn't be brought up on criminal charges and that the DA's office does properly investigating law enforcement.

The following statement from Chalfen is a response to statements made in an interview on WVOX AM with White Plains Officer Michael Hannon, who claims FitzSimmons allegedley assaulted him, and Damon Jones, a New York representative for Blacks in Law Enforcement in America (BLEA), which can be found here. 

Here is Chalfen's statement:

Last month letters went out from our Public Integrity Bureau to both Officer Hannon and the White Plains Police Commissioner David Chong informing them of the outcome of our investigation into PO Hannon's complaint against Asst Chief Anne Fitzsimmons.

We found that there were "irreconcilable differences between the accounts of the witnesses interviewed, including police officers and personnel who were in the Communications Center at the time (of the incident) and the account of the events set forth by Assistant Chief Anne Fitzsimmons' ... "

Our investigation focused solely on the specific allegation of criminal conduct - not on administrative or policy issues that her employer - the White Plains Police Department is charged to address and "... ha(ve) determined a criminal prosecution against Assistant Chief Anne Fitzsimmons is unwarranted based upon all the facts and circumstances ."

While we also note that we ... "(do) not endorse the actions taken by Assistant Chief Anne Fitzsimmons in this case. The Public Integrity Bureau is therefore referring this complaint back to the White Plains Police Department for your action and whatever internal disciplinary action you deem to be appropriate under the circumstances."

Separately - in regards to the DA's office investigating law enforcement -- the following cases were prosecuted by the DA's office in the last few years:

• On Duty Mt Kisco PO George Bubaris - Manslaughter 2 - Acquitted after jury trial

• On Duty Yonkers PO Raul Ramirez - Assault 2 - Plead guilty

• Off Duty Eastchester PO Nicholas Pileggi - Manslaughter 2 - Convicted after jury trial

• Former NYPD PO and BX DA Investigator Jose Arroyo - Rape 1 - Convicted after  jury trial

• On Duty Greenburgh PO Erik Ward - Official Misconduct - Not Guilty after trial

• On Duty New Rochelle Sgt. David Rodriguez - Sexual Misconduct - Pled Guilty

• Off Duty NYPD PO Richard DiGuglielmo - originally convicted in 1997 - Dobbs Ferry shooting - Murder 2 - final appeal denied in 2011 by the NYS CT of Appeals

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