Pubdate: Tue, 26 Feb 2002 Source: New York Times (NY) Section: New York Region Copyright: 2002 The New York Times Company Contact: http://www.nytimes.com/ Details: http://www.mapinc.org/media/298 Author: Robert F. Worth Bookmark: http://www.mapinc.org/corrupt.htm (Corruption) DRUG CORRUPTION TRIAL BEGINS FOR FORMER POLICE COMMANDER Nine months after a fast-rising police commander became one of the highest-ranking officials ever indicted in a drug corruption case, prosecutors argued in court yesterday that he had conspired with a drug dealer and a fellow officer to steal $60,000 from a drug supplier in the Bronx. The defendant, Dennis M. Sindone, a deputy inspector at the time of his arrest last spring, is charged with one count of violating the drug supplier's civil rights in connection with the robbery, in July 1996. Mr. Sindone, 39, sat impassively in federal District Court in Manhattan yesterday, occasionally shaking his head as Robert Noyer, a former subordinate, testified against him. Mr. Noyer said that he and Mr. Sindone plotted to fake an arrest of one of Mr. Noyer's drug-dealer friends just as the dealer was delivering cash to a supplier. The three men then split the proceeds, Mr. Noyer said. At the time, Mr. Sindone was the commander of the 60th Precinct in Brooklyn. Mr. Noyer had just joined a special robbery task force at the 44th Precinct. Mr. Noyer pleaded guilty last year to participating in the staged arrest and robbery and to other charges that included a 1999 robbery in which he used a gun. He was charged in that robbery after Jose Tavares, the drug dealer who helped stage the arrest in 1996, implicated him, prosecutors said. Mr. Tavares was arrested on an unrelated drug charge in May 1999. Mr. Noyer and Mr. Tavares could have their sentences in the drug robbery reduced because of their testimony against Mr. Sindone, officials said. Mr. Noyer, who was released on $50,000 bail in June, faces up to 40 years in prison, and Mr. Tavares faces a lesser sentence. Mr. Sindone's lawyer, James Culleton, invoked those facts to cast doubt on the credibility of their stories. "Mr. Sindone is here because he's a lifeline for Mr. Noyer, and he's a lifeline for Mr. Tavares," Mr. Culleton said. Mr. Noyer said he had conceived the plan to stage a robbery in the spring of 1996 and then persuaded Mr. Sindone and Mr. Tavares to join him. He had become friendly with Mr. Sindone before then, when they worked together at the 50th Precinct, often drinking together at a nearby bar after work. On July 3, 1996, Mr. Noyer testified, he and Mr. Sindone pretended to arrest Mr. Tavares as he arrived in a gypsy cab at the corner of Grand Concourse and East Tremont Avenue. With bystanders watching, Mr. Noyer handcuffed Mr. Tavares and the two officers drove off with him in a police car. They then uncuffed Mr. Tavares and released him, warning him not to answer calls or leave home so that the drug supplier would believe that he had been arrested. Then they divided the money, Mr. Noyer said. But in his opening statement, Mr. Culleton called Mr. Noyer a former drug dealer whose "whole life has been a lie." He added that when Mr. Tavares pleaded guilty last year in the case, he named only Mr. Noyer as a co-conspirator. Five months later, Mr. Noyer told investigators that a second officer was involved, but said that officer had blond hair and green eyes, Mr. Culleton said. Mr. Sindone has dark hair. Mr. Culleton also cast doubt on what appeared to be one of the prosecution's strongest points, the fact that Mr. Noyer and Mr. Tavares independently named Mr. Sindone, although not at first. Mr. Culleton said he would introduce evidence showing that Mr. Noyer and Mr. Tavares could have spoken during the period between Mr. Tavares's arrest in 1999 and Mr. Noyer's arrest last year. - --- MAP posted-by: Jackl