Rochester, N.Y.- Suspended Greece Police Chief Merritt Rahn has been indicted on numerous charges, mostly felonies, in a new indictment unsealed Tuesday.
Monroe County District Attorney Mike Green says some of the charges deal with the alleged cover-up of a hit-and-run crash involving former Greece police officer Nick Joseph, as well as the theft of Rahn’s service revolver dating back to 2000.
Rahn was indicted on 11 total counts, including eight felony charges of hindering of a prosecution, tampering with public records, falsifying business records, and offering a false instrument for filing, as well as misdemeanor charges of falsely reporting an incident and official misconduct.
Rahn pleaded not guilty to the new charges and has been released on his own recognizance.
Six of the charges stem from Nick Joseph’s hit-and-run-crash on June 7, 2008. Rahn is accused of providing criminal assistance to Joseph, ordering officers to put false information into their reports, and personally providing false information to the State Police.
Rahn is accused of ordering Officer Andrew Elmore not to turn Joseph over to investigators to be interviewed. Prosecutors say Rahn then directed that no internal investigation be done, and lied, saying the victims, Alexis Sharp and her unborn baby, were not seriously injured. They were; the baby nearly died.
Later, when State Police did become involved, prosecutors say Rahn directed Sgt. Thomas Scammerhorn to change the official accident report to cover up those decisions.
“He had a job to do as the chief of police of the Greece police department to conduct an honest and fair investigation, and if there was criminal conduct, to get to the bottom of it,” said Monroe County District Attorney Mike Green. “This indictment alleges that, in a criminal fashion, he failed to do that job.”
Joseph was convicted on all charges. He was found to have been driving while under the influence of alcohol and cocaine at the time he crashed into Alexis Sharp's stalled car on Route 390. Joseph, who was off duty at the time, then left the scene of the accident, and Sharp went into premature labor, delivering her baby 14 weeks early.
Joseph was sentenced to 3+ to 7 years in prison.
"We take allegations of misconduct and criminal conduct on anyone's part, including police officers and chiefs, very seriously, and they don't get swept under the rug," Green said.
Five of the counts against Rahn date back to a 2000 incident, and that information was gleaned from an internal police investigation in Greece. He is accused of lying about his service revolver, which he reported stolen. That gun later turned up in a crack house.
Defense attorney John Parrinello questioned why an incident that happened nine years ago is being prosecuted now.
"The Monroe County District Attorney's office having had knowledge of all the investigations going back to 2000, now all of the sudden in 2009 they're bringing indictments," Parrinello said.
Rahn had previously been indicted in August on a felony charge of filing a false instrument stemming from a 2002 background check of former Greece police officer Gary Pignato. That charge carried a maximum sentence of 1-1/3 to 4 years in prison.
Pignato was convicted for coercing a woman into sex, accepting sex as a bribe, and official misconduct. He is serving 2 to 6 years in prison.
The indictment unsealed Tuesday is part of a wide-ranging case into allegations of wrongdoing by the Greece Police Department. Prosecutors indicated Tuesday that they are ready to present more evidence to grand juries against other Greece officers and at least one more incident involving Rahn. They did not give any timetable about when that will take place.
Rahn had no comment on the new charges, but Parrinello called the allegations “ridiculous” and said he would vigorously defend Rahn against all new charges.
A trial date for his first indictment has been set for March 29.
Greece Police Investigations
Several members of the Greece Police Department have been fired or disciplined as a result of the ongoing investigation:
Chief Merritt Rahn*Suspended
*Indicted on 12 counts, including hindering of a prosecution, tampering with public records, falsifying business records, and offering a false instrument for filing.
Sergeant Nick Joesph*Fired
*Convicted of hit and run while under the influence of cocaine and alcohol
*Serving 3 to 7 years in prison
Officer Gary Pignato*Fired
*Convicted of coercing a women into sex
*Serving 2 to 6 years
*Facing trial on a second sexual assault in November
Sergeant Robert Trowbridge*Suspended
*Charged with filing a false instrument: the background check of Gary Pignato
Sergeant Brian Ball*Fired
*Charged with offering a false instrument, falsifying records and official misconduct
*Accused of covering up evidence in a November 2005 fatal car accident.
Deputy Chief Bill Mackin*Suspended, now retired
*Accused of departmental charges and possible disciplinary action
Officer Thomas Scammerhorn *Conducted the investigation into the Nick Joseph crash
*Demoted from sergeant to officer
*Remains on the force