Man who alleges New Rochelle Police lieutenant planted drugs to justify arrest shares body cam video
NEW ROCHELLE, N.Y. — A New Rochelle Police lieutenant was accused of planting drugs to try to justify an arrest, but we learned late Friday afternoon that he will not be indicted by a grand jury.
Now, the man he arrested wants the Department of Justice to take a look at the body camera video, which he shared with CBS News New York investigative reporter Tim McNicholas.
Body camera video shows lieutenant holding alleged bag of drugs
New Rochelle Police Lt. Sean Kane's body camera shows him reach behind a tire on a blue SUV on May 29, then return to his car and tell his colleagues he'd found drugs.
"You said you found the drugs upper lot, 361 Main?" someone asks over the police radio.
"Affirmative," Kane says.
You then see Kane holding a baggie with a white substance.
But minutes earlier, before the lieutenant approached the blue SUV, he was already holding a similar-looking bag.
Ivin Harper says Kane planted the drugs to justify police arresting him.
"I was devastated. It ruined my career. It shattered, it shattered everything," Harper said.
It all happened as other officers searched for Harper, who says he saw Kane earlier and ran due to past negative interactions with him.
Harper says he'd never seen the drugs, and the charges against him were later dropped.
No indictment against police lieutenant accused of planting drugs
He was hoping Kane would be charged, but now a grand jury has reached a "no true bill" decision, meaning they don't feel there is enough evidence to indict Kane.
"It was disappointing, and it drained me for a second, hearing it, you know, because expecting it is one thing from actually hearing it," Harper said.
Harper, a fitness trainer and actor, says he's now moved to Denver to avoid Kane and other New Rochelle cops. He says he is suing Kane and the City of New Rochelle.
"I would like the DOJ to take a peek at this because I have no confidence in the investigation that took place," he said.
Kane's attorney sent CBS News New York the following statement:
"For the past several months, Lieutenant Sean Kane has stood silently by while his name and reputation have been destroyed on social media and in the press.
"Unfortunately, to preserve the integrity of a narcotics investigation in its entirety, Lt. Kane was unable to respond until a full and thorough investigation was completed.
"That time is now.
"A Westchester County grand jury, convened by District Attorney Mimi Rocah, heard the sworn testimony of, among other witnesses, Lieutenant Kane. The grand jurors were provided with all evidence relevant to the charges filed against Ivin Harper and rightly concluded that Lt. Kane did nothing wrong.
"To the contrary, Lt. Kane's lawful and necessary actions - which have been badly mischaracterized on social media - furthered the investigation of a known narcotics dealer who was actively pushing poison into the streets of New Rochelle.
"Mr. Harper's protestations of innocence, extensively published via social media, are unequivocally and provably untrue.
"The grand jury's determination was in all respects correct and consistent with the known and verifiable facts of this incident.
"We are grateful that the members of the grand jury took the time to listen and hear the evidence, and arrive at the correct conclusion."
The district attorney released the following statement Friday:
"Upon the August referral of misconduct allegations against Lt. Sean Kane to my Office by New Rochelle Police Department Internal Affairs, the Public Integrity and Law Enforcement Integrity Bureau launched an immediate investigation.
"Prosecutors presented evidence to a Westchester County grand jury, which decided Thursday not to indict Lt. Kane.
"Under state law, grand jury proceedings are confidential.
"We thank the NRPD for referring the case to my Office and working closely with us to do our part on this case.
"We respect the process and thank the Grand Jury for their service on this matter."
Kane was suspended with pay after Harper's arrest. CBS News New York reached out to the department to ask what his current status is and we're waiting to hear back.
