On December 14, 2012, cops arrested a 26-year-old named Christopher
Loeb outside of his mother's house
in Smithtown, New York, slammed his thin body to the
ground,
and started roughing him up. When his mother Jane arrived, the officers relented and drove him to the
Suffolk County Police Department's fourth precinct in
nearby Hauppauge, where they chained him to the floor. Loeb was kept in the dark about his arrest and
denied access to a lawyer, but it soon dawned on him that the treatment might have
something to do with a black duffel bag he'd recently stolen from the backseat
of an unlocked black 2008 GMC Yukon. A heroin user who dabbled in burglary to
support his habit, Loeb
had found things in the bag that might have belonged to a police officer:
handcuffs, mace, and a gun.
But he also found things that pointed to something much
darker, according to a friend of Loeb's who spoke to him after the incident—like
porn that appeared to him to feature prepubescent boys.
According to
court documents, James Burke, then the chief of police for Suffolk County, derived
pleasure from presiding over
the continued abuse of Loeb at the police station. He told fellow
officers with an air of wistfulness later on that it reminded him of his "old
days" coming up with the force; he jokingly called the cops that aided him in
subduing Loeb his "palace guards." One of these men allegedly told Loeb he was
going to rape his mother during the beating, and Burke even threatened to
murder Loeb with a "hot shot," or a fatal overdose of heroin that might later
be arranged to appear self-inflicted.
Immobilized but conscious of the fact that Burke was the
owner of the bag with the alleged porn stash, Loeb called the chief a name. Newspapers
typically soften the word to "pervert," and the feds say Loeb was mistaken, but
in
Loeb's telling of the story, as documented in a
video interview recorded
for
Newsday, he called Burke a "pedophile."
According to Loeb, when the chief heard that word, he exploded
with rage, driving his thick fingers into the young man's face.
"He used to tell people that he wanted to become a cop so he could get away with breaking the law." —a high school acquaintance of James Burke
In subsequent weeks, Burke pressured his colleagues to cover
up the abuse. One cop later told the US attorney's office that if it were
discovered by Burke that he had spoken to the FBI during the investigation, he
would be a "dead man."
On February 26, after a lengthy FBI probe, James Burke pleaded
guilty to federal charges of violating Christopher Loeb's civil rights and
knowingly conspiring to conceal evidence of it. But according to former police
officers, local politicians, lawyers, and Suffolk County residents with whom I
spoke about the case, Burke's conviction likely represents only the first
domino to fall in what could become one of the more surreal federal probes of
local law enforcement in American history.
It involves allegations of illegal wiretapping,
cover-ups, sex addiction, drunk-driving cops, and blackmail. It involves a
super PAC funded by the Suffolk Police Benevolent Association that critics say
uses mandatory donations to cement a wall between cops and the people they are
paid to protect.
And it involves Tom Spota, the longtime Republican-turned-Democrat
District Attorney of Suffolk County, who fathered Burke's rise to power through a
close friendship
that began after they met during the high-profile trial of a bizarre murder case.
Robert Trotta, an outspoken ex-cop who is now the county legislator
from Suffolk's 13th District, has been struggling to pass bipartisan
legislation to reform the police for more than two years. He compared the
atmosphere of paranoia and fear officers experience there to that overseen by
the KGB during the Cold War.
"I had to get out of the police department," he tells me
from his office. "That way I could be free to talk about what is going on
there."
"Suffolk is so dirty," concurs Peter Fiorillo, a retired New
York City cop who has lived on Long Island since the 1960s. "Every place has corruption,
but on a scale from one to ten, they're an 11."
From the outside, it seems strange that Burke was given so much authority. How could a man who in 1993 carried on a sexual
relationship with Lowrita Rickenbacker, a convicted prostitute and drug dealer
who'd been arrested multiple times in the very precinct where he acted as
supervisor, become, in 2012, the top cop on a force of over 2,500 officers?
Described by those who knew him as a sex-obsessed narcissist,
Burke—a squat, sharp-talking middle-aged bachelor with a vulgar disregard for
social niceties—could also be charming when he wanted to be. He carried the
reputation of a cop's cop, and his natural
intelligence
helped compensate for his lack of a college education. Three former
officers with whom I spoke described him as an inspiring public speaker, and the
Internal Affairs report into his relationship with Rickenbacker describes
Burke's reputation as that of an "extraordinary street cop" with an intimate
knowledge of "local street people."
It has been documented
by Internal Affairs that Burke lost his gun on one outing with Rickenbacker, whom
he knew then as Lowrita Fields, and that the pair had sex in his patrol car.
But based on conversations with others about the incident, Trotta suspects Burke
may have been shaking down drug dealers for crack and using the contraband with
his girlfriend while they had sex.
There are few law enforcement agencies where a man like Burke would be a candidate for a leadership role. But Suffolk County is the exception to a lot of rules.
The county's demographics render it uniquely positioned
for the kind of corruption embodied by men like Burke, according to Bruce
Barket, the attorney handling Loeb's lawsuit against the county. Tucked onto
the eastern end of Long Island, it's home to 1.5 million people and is bordered
only by Nassau County (and then New York City) to the west, the Long Island
Sound, and the Atlantic Ocean. Other counties in the New York metropolitan area
have borders that are frequently crossed by police and civilian vehicles,
Barket notes, but Suffolk is an exception.
"To become what they are now," Barket says from his office
in Nassau, "Suffolk County operated unobserved for decades."
At over 85 percent white and predominantly Catholic, the area is less than diverse, despite a robust Latino
population dispersed throughout Long Island's East End. Communities like
Smithtown, where Burke grew up, emerged largely through the phenomenon of white
flight, where Caucasian families
dealt with the specter of urban crime by fleeing from the five boroughs and heading toward the sea.
It's ironic, then, that Suffolk itself became known for a brutal murder case. On April 21, 1979, Joseph Sabina found his 13-year-old neighbor John Pius, Jr. lying motionless in the yard of Dogwood Elementary School. Stones had been stuffed down his throat to asphyxiate him. The resulting trial was an odd convergence of the people who would run the county's law enforcement apparatus years later: The prosecutor assigned to the case was a young Tom Spota, and Burke, then 14 years old, served as one of Spota's key witnesses. In the end, Smithtown locals Michael Quartararo, his brother Peter Quartararo, Thomas Ryan, and Bresnic—all high school–aged boys—were convicted of the murder.
Jesse Kornbluth, a journalist who chronicled the Pius
case for
New York magazine in a labyrinthine two-part
1982 story, describes Suffolk residents to me over the phone "as people who view New
York City life as a kind of sinful Gomorrah." At the same time, he explains, people
there are prone to ignoring the more psychologically horrific dangers that mutate
along the quiet, tree-lined streets on which they live.
For some, the verdict in the Pius case did not bring any closure. One of those people is attorney Frank Bress, now a law professor at New York Law School in Manhattan, who defended Bresnic in a 1986 appeal.
"Burke was a low-level burglar and drug dealer as a kid," Bress says over a salad not far from his home in Westchester. "It made
his testimony unreliable."
The lawyer ran a yearlong clinical program on Bresnic's
appeal with eight of his students while he was teaching at New York's Pace
University, immersing himself in what he perceived to be inconsistencies of
evidence. Today, he believes the same thing he believed then: that all four
boys were innocent. Theories abound about who might have committed the murder—some
suggest it was Pius's father, or possibly a local drug dealer—and it's difficult
to talk about the case without acknowledging a degree of doubt about the true
identity of the killers.
Suffolk County District Attorney Thomas J. Spota in the hall of a courthouse in Riverhead, New York, in September 2007. (AP Photo/Ed Betz)
Bress accuses Spota of dipping between his work as a
prosecutor and as a civil attorney, handling the victim's side of civil suits he
himself prosecuted in criminal court. A yellowed file copy from the Bresnic
retrial refers to Spota's "pecuniary interest" in trying cases.
"I could see right away that Spota was dirty," Bress says now. "The way he conducted himself, moving between prosecution
and civil cases like that was highly unethical behavior."
Bess's recollection of Burke as a small-time burglar and
drug dealer was corroborated by an anonymous source that claims Burke mostly
trafficked in small stuff, like marijuana and hallucinogens. Selling weed, the source notes
wryly, was a slightly bigger deal back in 1979 than it is now, and he shares Bress's
conclusion that Burke's criminal proclivities likely made him a malleable resource
for the prosecution.
Even in those days, Suffolk cops had a reputation. According to Kornbluth's research, the department had a 97 percent confession rate for murder suspects, a number three or four times higher than most American homicide squads' best years—and there were allegations that officers would break all sorts of eggs in order to make that omelette. Examples cited by Kornbluth include a
man who claimed
that a thin telephone book was placed against his head before he was beaten with a slab of concrete, and another who said cops tied a slip
of paper to his penis and then held it over a paper shredder, threatening to feed
his member through the blades.
"None of what's happening is a surprise to me because Burke
is the same guy then that he is now," the source who knew him in high school tells
me. "He used to tell people that he wanted to become a cop so he could get away
with breaking the law."
Burke was officially hired by the Suffolk County Police
Department in 1986 as a 21-year-old. He was promoted to sergeant in 1991, when
he was 26, and reportedly had Spota's ear. Two years later, James Burke was having sex with a convicted
prostitute inside his patrol car.
"Horny," says a gruff voice with a thick New York accent on
the other end of the phone, when asked to describe the disgraced chief in one
word. "Horny guy."
The voice belongs to a man I'll call R, an ex-cop who met Burke as a
student during a police-training course the former chief taught in the late 90s.
The two hung out together, drinking and chasing
women. At that time, Burke was
being promoted from sergeant to lieutenant, and R describes him as personable
and friendly, "the loudest guy in a given room." He also says Burke was a short
guy with a Napoleonic complex and "a sex addict."
"He was once in a bathroom in a hotel room with other guys and there was definitely coke there. But drugs weren't his thing. Sex was." —a former New York cop
"Burke used to take me and some of the other guys to Gossip,
a strip club in Melville," R says. "Downstairs, in the private room, Burke and
other cops used to fuck some of the dancers for money. Burke loved prostitutes,
and he loved smoking cigars. He loved dipping his cigar in cherry brandy."
R cites a locally infamous bust at World
Gym in Ronkonkoma in 2002, where officers were convicted for selling
cocaine and steroids,
as representative of the scene among Long Island cops at the time.
" was once in a bathroom in a hotel room with other guys
and there was definitely coke there," R says. "But drugs weren't his thing. Sex
was."
I ask whether he ever imagined his friend would go on to become chief.
"No way," he responds with a laugh. "I figured he'd just get
hit with a DUI. But he was Spota's boy, and that was his hook."
Burke has since admitted to driving drunk and using the
power of his badge to avoid paying a price. Court documents
reveal that in 2011, he struck a state-owned vehicle, abandoned the scene, and
failed to report the incident. He later concealed the crimes by surreptitiously
paying thousands of dollars for repairs.
When asked about R's allegations of sex work, a spokesperson
for Gossip
informs me that the club was rebranded under new ownership in 2014
with an emphasis on "upscale and sophisticated" entertainment. But a
dancer named Gia who worked at the old Gossip between 2003 and 2004 confirms R's
description of the place as a "cop hangout," though she admits she wouldn't
know Burke's face from thousands of others because of the heroin she was
abusing at the time.
Gia says she worked on Wednesday, Thursday, and Friday nights
with two regular dancers named Tara and Hawaii, and that the trade of sex
for money was commonplace in the basement of the club. She adds that empty
"liquor cabinets" were used for sex work and that the ownership at that time,
which she describes as "shadowy" and Russian, encouraged prostitution—and that
one dancer at the club had a "Felix the Cat magic bag" filled with vibrators, nipple clamps and other gear for female submissive
S&M sessions.
Gia says cops were regular customers, but "different from
the firefighters," who were usually looking for a gentler time. The
police she knew, as a
rule, were misogynists who liked it harder. And some of the cops, she claims,
would bring "base" to smoke with the girls—a.k.a. crack cocaine.
"You have to understand that these were vulnerable girls
with drug problems," Gia says. "They were raised to respect cops, and then when
they see them breaking the law with drugs, or roughing them up, it can be
really upsetting because it suddenly feels like the whole world is against you."
I ask Gia if she might introduce me to Tara or Hawaii to see
if they ever encountered James Burke.
"I can't," she says, her lips
curling downward into a pout. "They're dead of a drug overdose."
Suffolk County Police officers from the anti-gang unit check walls for gang graffiti behind local shopping malls in October, 2005, in Brentwood, New York. (Photo by Robert Nickelsberg/Getty Images)
Robert Trotta's
online bio once noted that his campaign was waged with "the goal of
making county government more efficient," a polite reference to the vile culture
he says he witnessed over 25 years as a Suffolk cop. He speaks from his office
with a Long Islander's vowel-twisting accent, peppering descriptions of his
homeland with words like "Gestapo," "unbelievable," "crazy," and "staggering."
He says that beyond what's already known about corruption through local
newspaper stories about Burke, police have created an unsustainable system
where they receive massive paychecks
to the tune of hundreds of thousands per
year while the county
plunges into deeper and deeper fiscal ruin.
Even
after Burke was forced into retirement by the scandal surrounding Loeb, for
example, he was still owed an eye-popping
payout
of $434,370 under the auspices of
unused sick and vacation time. (Burke averaged an annual salary well over
$200,000 in his final years on the force.) Trotta keeps the news clippings of
Burke's public implosion taped to the wall above his toilet.
"The
money that the cops are putting together right now is just stupid, staggering,"
he says, flipping through a set of stapled pages. "Look at how stupid this is."
The
pages refer to financial disclosure reports of a Super PAC called
the Long Island Law Enforcement Foundation. Trotta
claims that the county Police Benevolent Association (PBA) fills the coffers of
the Super PAC with mandatory paycheck deductions from officers, and that the
money they collect is then
spent on massive advertising blitzes to help friendly
candidates. He further claims that these mandatory donations are illegal—and
that they reinforce a culture of secrecy that enables men like James Burke to
rise unchecked. He believes the majority of cops are not behind these efforts,
however, and that they emerged from corruption in the upper ranks of the PBA
and county administration.
(The
Suffolk County Police Department referred me to the PBA regarding inquiries
into the Super PAC. The PBA did not respond to multiple phone messages left
at their office.)
When
he was still a cop, Trotta served on a special FBI task force formed in 2010 featuring
two other Suffolk officers, John Oliva and Willie Maldonado. The unit was charged
with bringing violence under control in heavily Latino neighborhoods of
Brentwood and Central Islip, where MS-13—a Salvadorian gang—had gained a foothold,
according to Robert Doyle, a retired detective sergeant who helped assemble the
squad. MS-13 members, often identifiable by blue and white colors
and sometimes their love of Alex Rodriguez jerseys (he sports the
number 13), were believed responsible for a gory trail of unsolved murders that
the county needed federal assistance to solve. (Gang members' ability to escape south to Latin America when pressured by local police presented unique challenges.)
Former
Suffolk Police Commissioner Richard Dormer praises the work of that task force
in a phone interview, saying they did a "yeoman's job," singling out in
particular the skills of Oliva, the son of Cuban immigrants who gained reliable
access to Spanish-speaking neighborhoods. But on the Friday before Labor Day
2012, with the probe still underway, both officers were abruptly transferred to
peaceful, low-crime districts. Doyle now alleges that Burke and Spota moved the
officers to eliminate a hovering FBI presence in the county. At around the same
time, Burke was reported to be obstructing federal authorities from
collaborating on the effort to catch the
Long Island Serial Killer. (Spota's office referred numerous requests to comment for this story to the US Attorney's Office, which declined to comment.)
Doyle
describes the reassignment of the officers as "having diamonds that you toss
away in the coal."
The New York Times
reported this February that federal investigators were
examining the circumstances under which Officer Oliva's phone was tapped by Spota's
office in 2014. The bug was said to be the work of Assistant DA Chris McPartland,
who is described, ironically enough, as Spota's top anticorruption lawyer. (Cops who knew McPartland, and feared his power, called him "The Lord of Darkness" behind closed doors.) Meanwhile, court documents reveal Burke ordered his officers to install
a GPS in the Suffolk Deputy Police Commissioner's
car in an effort to blackmail him. And
Newsday published a story on March 8 detailing how federal
investigators believe Spota blocked their probe of Suffolk Conservative Party leader
Ed Walsh, a former county sheriff charged with wire fraud and stealing
government funds.
Both
Trotta and Doyle are quick to note that Spota has run twice unopposed for
office. In 2013, the most recent election, he was cross-endorsed by both the Democratic
and Republican parties as well as the Independent and Conservative parties. Ray
Perini, a Republican attorney who attempted to challenge Spota, was quickly
stifled by members of his own party.
"They
had the cops out working in force against me," Perini says over the phone with
a chuckle.
When I
visit Suffolk County Police Headquarters in Yaphank on a
recent warm Wednesday
evening, farms and empty fields engulf the isolated station. One cop car shoots
across the open road and disappears onto the Long Island Expressway, flashing
red and blue lights into the dissolving daylight. Inside, it feels like most of
the station has gone home. One plainclothes officer behind the reception desk stares
vacantly at a News 12 Long Island TV broadcast chirping about Spota's alleged efforts
to protect Walsh.
Words
like "corruption" and "ongoing" echo in the deserted lobby.
At 35,
Timothy Sini is Suffolk's youngest-ever police commissioner. He had to adapt
quickly to the atmosphere of mistrust that engulfs this end of the island: Upon
first being appointed last November by County Executive Steve Bellone, he was
greeted by a harsh op-ed in
Newsday assailing his "zilch
experience" and "weak credentials."
The
cop has the kind of face that
stays young, along with round,
clean-shaven cheeks that undercut the gravity of his somber talk about reform.
"It's
a humbling experience," Sini says of his first few months on the job. "But I
see this as an opportunity to move the department forward in a much more positive
direction."
Sini assures
me he's done a top-to-bottom assessment of the department and that he's working
hard to increase transparency. He's also planning for the County Police to have
an active social media presence down the road, and wants a better relationship
with the press. He adds that he has transferred more officers into Internal Affairs
to help avoid more incidents that might stain the reputation of the county, and
says that as a former member of the US Attorney's office himself, his
relationship with federal authorities is stronger than that of any predecessor.
So far, at least, Sini's
strategy seems to be bearing fruit: The FBI has rejoined the hunt for the Long
Island Serial Killer, and federal agents are once again going after MS-13 members
in the area. Still, it's impossible not to notice how questions about Suffolk's
shady past are taking a toll on the new commissioner.
"I
didn't know who James Burke was when I was an attorney," Sini says, his light,
intelligent eyes tracing the distant corners of a tired-looking conference
room.
"I do
now."
Suffolk County Police cars involved in the search for the Long Island Serial Killer in Babylon, New York, in April, 2011. (Photo by Spencer Platt/Getty Images)
When he
steps into Judge Leonard Wexler's federal courtroom in Central Islip on the
morning of February 26, James Burke is dressed in prison grays with pants
cuffed at the ankle. The emblematic mustache he wore throughout his career as
a cop has been
shaved off, lending him a softer, more fragile
appearance.
He looks
skinnier than in recent pictures, and wears a vague smile across his face, perhaps
at the recommendation of his lawyer, a broad-shouldered man named Joe Conway. (When
I speak to Conway before the plea, he describes Burke as inquisitive in their meetings,
always provoking thoughtful discussions about his own defense.)
Burke has
been housed in Brooklyn's Metropolitan Detention Center, far from the inmates
he helped put behind bars over three decades in law enforcement on Long Island.
"People adapt," Conway tells me of his client's state of mind. "Right now James
is making the most of a bad situation. You know how it is."
For
his part, Christopher Loeb is also secluded from the public as he receives treatment
for an addiction he can't seem to shake. Heroin problems are
on the rise on Long Island, as they are across much of
America, and Loeb is just one of many people scuffling with the disease. The
man made headlines again in December after a violent altercation between
himself and two other people
spilled out into the gated community where his mother
lives. When I go there to try to speak with Jane Loeb, Christine, a security
guard, tells me Chris's public battles with drug
addiction took a toll on his mother, and that she's grown depressed and
reclusive in the years following his abuse at the hands of Burke.
Jane doesn't even bother showing up to the disgraced cop's date in court.
Christine
makes it out for the occasion, though. As does retired NYPD Officer Fiorillo, along
with other members of the community determined to catch a glimpse of Burke up
close—and perhaps gain some insight into how a culture of police corruption has
festered for decades.
When I
ask Christine what she thinks of Burke, she shakes her head in disgust, calling
him "just a dirty, dirty dog."
"Why do people like Burke even become cops?"
she asks. "Don't they want to help people?"
Michael Edison
Hayden
grew up on Long Island. His work has been featured in the
New York Times, Foreign Policy, the Los Angeles Times, and National Geographic, among other
publications. Follow him on
Twitter.