OATH Administrative Law Judge Seon Jeong Lee recommended dismissal of charges brought against a captain who allegedly engaged familiarity by retrieving an envelope containing narcotics contraband from the jail cell of one person in custody and delivering it to another person in custody.
The Agency's proof principally
consisted of surveillance footage of the captain retrieving envelopes from the jail
cell of a person in custody, as well as audio recordings of phone calls made by
two persons in custody arranging for the delivery of contraband.
Judge Lee determined that the
agency failed to establish the charges because it did not prove that one of the
detainees was on the audio recordings arranging for delivery of contraband and
that the surveillance footage did not show the captain transporting the alleged
contraband.
The ALJ also found gaps and
inconsistencies in the agency’s proof, such as its failure to offer testimony
of any witnesses and the investigator’s failure to interview material
witnesses, including the captain.
Click HERE to
access Judge Lee's decision and recommendation posted on the Internet.