No Charges for New Rochelle Cop Allegedly Seen on Body Worn Camera Planting Drugs

Written By: Robert Cox

NEW ROCHELLE, NY (December 13, 2024) — New Rochelle Police Lt. Sean Kane, accused of planting drugs, as depicted on video, will not face criminal charges after a Westchester County Grand Jury returned a No True Bill.

Ivin Harper, Kane’s alleged victim, who had charges against dropped by the Westchester County District Attorney’s Office, said he is not surprised.

“I am a 45-year-old black man”, said Harper. “Why would I be surprised?”

“I’m disappointed by the outcome but I’m not surprised because I understand how things work in America for people that look like me,” Harper said.

Last week, Harper posted incriminating BWC VIDEO on his Instagram account.

An Internal NRPD investigation is still active.

Jonathon Bandler of LoHud has been leading the coverage on this matter and ran a detailed report here: Suspended New Rochelle police lieutenant is cleared by grand jury

Bandler reported that Kane filed for a disability pension on August 2, three days after he was suspended on July 29, so Kane will not return to the New Rochelle Police Department regardless of the outcome of the Internal Affairs investigation.

UPDATED 12/13/2024:

Westchester District Attorney Miriam E. Rocah Statement on the The Outcome of Grand Jury Investigation into New Rochelle Police Lt. Sean Kane

“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.”

UPDATED 12/13/2024:

New Rochelle Police Department Statement on the Outcome of Grand Jury Investigation into New Rochelle Police Lt. Sean Kane

“The Westchester County Grand Jury’s finding of no true bill against Lieutenant Sean Kane does not end the investigation into his actions. The New Rochelle Police Department will now continue its internal investigation that was paused when they referred the case to the Westchester County District Attorney’s office in July. Lieutenant Kane remains suspended from duty pending the outcome of the internal investigation.”

UPDATED: 12/17/2024

Statement from New Rochelle NAACP President Elder Mark McLean

The New Rochelle NAACP is profoundly disappointed and disheartened by the county grand jury’s decision not to indict Lt. Sean Kane, despite clear and undeniable video evidence of him engaging in evidence tampering. This decision is a glaring failure of the justice system to hold law enforcement accountable for actions that betray public trust and compromise the integrity of our legal system.

Lt. Kane’s actions, as captured on camera, are not only egregious but also represent a gross abuse of power that has no place in our police force. Such behavior is a betrayal of the oath to serve and protect all members of the community, and it strikes at the very core of the values that law enforcement is meant to uphold. We firmly believe that Lt. Kane is unfit to wear the badge, and we are calling for his termination upon the completion of the department’s investigation process.

RELATED:

Mendoza Law Firm: no-bill verdict means the grand jury declines to indict or charge a defendant after hearing their case. This verdict means they don’t believe there is enough evidence, or probable cause, to go ahead with an indictment:

3 Points to Keep in Mind if You Receive a No Bill Verdict

  1. A no-bill does not preclude the prosecutor from presenting the case to another grand jury in the future. Therefore, they can reopen the case if they obtain more evidence.
  2. As a result, a no-bill effectively terminates the case against the defendant for the time being. It does not prevent law enforcement officers from continuing to investigate and build a case against a defendant.
  3. It’s important to note that a no-bill is not a finding of innocence. Again, it simply means the grand jury did not find probable cause to charge the accused with the evidence presented. The defendant may still face charges in the future.

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