Suspended Greece Police Chief Indicted on Several Charges

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Updated: 10/13/2009 11:59 am
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

Statement from the Town of Greece

Greece Town Supervisor John Auberger’s Statement regarding Suspended Chief Rahn’s Indictment on Additional Charges

When we began our internal investigation this spring, we promised residents that we would follow this investigation wherever it led and that we would bring anyone involved in wrong doing to justice.

Today’s announcement of additional criminal charges against Merritt Rahn is not unexpected and is, in large part, the result of facts uncovered during our internal investigation. While there may be additional charges against Merritt Rahn, we do not anticipate a broadening of the scope of those involved.

Unfortunately, the actions of a few have reflected negatively on the department and our community. Now that the investigative phase of our internal review is complete, we have begun to make the changes necessary to restore resident’s faith in the department. We are moving forward with a strong sense of vision for the department and its future.
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The views expressed here do not necessarily represent those of 13WHAM-TV || Rochester

OU812 - 10/8/2009 8:54 AM
Dear Greece Residents, if you don't like the candidates running for the current election, find an acceptable write in candidate. Get out on the streets, pound on neighbors doors, put flyers on windshields and get rid of the problems which are currently creating your headaches. This country was built by common everday ordinary citizens. Take control back of what is yours. It is your tax dollors that pay these people to work for you. Stand up and be counted. Let your voices and votes be heard.

SeekingBalance - 10/7/2009 7:02 PM
I blame Wyoming.

bmarsh9 - 10/7/2009 4:01 PM
The comments are all very interesting but few get to the point of the matter. John Auberger has had his hands all over the GPD for years. To say he knew nothing is foolish. When you investigate a criminal faction the purpose it to get the decision maker. The DA's office missed their mark, Auberger has not been indicited. Anyone that knows anything about accountability knows he in the end is responsible for a least having his head in the sand and at most not telling the truth. If he is re-elected expect for corruption in Greece.

bmarsh9 - 10/7/2009 3:52 PM
Seems to me that Auberger should be indicted for not knowing what was going on in a small police department that he has been in control of for many years. When you shut down a criminal enterprise you arrest the tip man and that is John Auberger.

RochesterWatch - 10/7/2009 1:34 PM
Men are being hung out to dry for Auberger, but not good men. If they were good men, there would be no dirt to incriminate them. If the GPD wasn't packed with immoral scumbags this smokescreen wouldn't be effective.

Beach1 - 10/7/2009 11:49 AM
ALL of this is on Auberger, its a cover up. Good men are being hung out to dry at the expense of his re-election. I'm not saying Rahn is a straight shooter either, but many of the others under him are being hung out to dry to protect Auberger. Why are no reporters asking Auberger the tough questions???? Why is Auberger mailing out expensive campaign literature every day? he is scared that if he loses the truth will come out. He is a coward.

GoJoJo - 10/7/2009 11:38 AM
For all of you that find joy in hitting a man when he's down thanks alot! We, residents of "Clown Town" feel so much better enduring further ridicule on top of the obvious challenges we're facing in which we have little to no control over. C'mon look at our choices for our upcoming election. At this point, it's not even remotely funny! Frustrated Hard-Working Greece Resident

Jerry053 - 10/7/2009 11:04 AM
This situation did not go undetected by the rest of the Greece officers. You cannot claim to be ignorant of all of this. Time to come forward. Every last one of you, even the rookies knew something was not right. Or are the rest of you corrupt and stupid also?

joel178 - 10/7/2009 7:29 AM
Always will be Clown Town

sarison - 10/6/2009 10:31 PM
Mahnqta, your point is exactly what I'm saying. The investigation just stops because Auburger says so?? Where are the checks and balances here. I'm sure these people just want it to end, but come on. The good ole boys club got rid of alittle dirty laundry and now we shish shish so nobody else gets thier hand slapped. Not acceptable to me. I fight every day for my living, breaking the rules would cost me too much.
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