Man who alleges New Rochelle police lieutenant hid drugs to justify his arrest shares body camera video

NEW ROCHELLE, NY — A New Rochelle police lieutenant was accused of introducing drugs to try to justify an arrest, but it was learned late Friday afternoon that he will not be indicted by a grand jury.

Now the man he arrested wants the Justice Department to review the body camera video, which he shared with CBS News New York investigative reporter Tim McNicholas.

Body camera video shows lieutenant holding alleged bag of drugs

New Rochelle Police Lt. Sean Kane’s body camera shows him reaching behind a tire on a blue SUV on May 29, then returning to his car and telling his colleagues that he had found some drug.

“You said you found the drugs in the upper lot, 361 Main?” someone asks on the police radio.

“Affirmative,” Kane said.

You then see Kane holding a bag containing a white substance.

But a few minutes earlier, before the lieutenant approached the blue SUV, he was already holding a similar bag.

Ivin Harper says Kane hid the drugs to justify his arrest by police.

“I was devastated. It ruined my career. It broke, shattered everything,” Harper said.

It all happened while other officers were searching for Harper, who says she saw Kane earlier and ran away due to past negative interactions with him.

Harper said he never saw the drugs and the charges against him were later dropped.

No indictment against police lieutenant accused of drug planting

He hoped Kane would be indicted, but now a grand jury has returned a “no bill” decision, meaning it believes there is not enough evidence to indict Kane.

“It was disappointing, and it wore me out for a second to hear it, you know, because it’s one thing to expect it from actually hearing it,” Harper said.

Harper, a fitness trainer and actor, says he has now moved to Denver to avoid Kane and the other New Rochelle cops. He says he’s suing Kane and the city of New Rochelle.

“I would like the DOJ to take a look at it because I have no confidence in the investigation that took place,” he said.

Kane’s attorney sent CBS News New York the following statement:

“For the past few months, Lt. Sean Kane has remained silent while his name and reputation have been destroyed on social media and in the press.

“Unfortunately, to preserve the integrity of a narcotics investigation in its entirety, Lt. Kane was unable to respond until a full and thorough investigation was completed.

“This time has come.

“A Westchester County grand jury, convened by District Attorney Mimi Rocah, heard sworn testimony from, among other witnesses, Lt. Kane. The grand jurors were presented with all evidence relevant to the charges against Ivin Harper and rightly concluded that Lt. Kane did nothing wrong.

“To the contrary, Lt. Kane’s lawful and necessary actions – which have been widely misinterpreted on social media – advanced the investigation into a known drug trafficker who was actively spreading poison on the streets of New Rochelle.

“Mr. Harper’s protests of innocence, widely posted on social media, are unequivocal and demonstrably false.

“The grand jury’s decision was in all respects correct and consistent with the known and verifiable facts of this incident.

“We are grateful that the members of the grand jury took the time to listen and hear the evidence and come to the correct conclusion.”

The public prosecutor issued the following statement on Friday:

“Following the August referral of allegations of misconduct against Lt. Sean Kane to my office by New Rochelle Police Department Internal Affairs, the Office of Public Integrity and Law Enforcement Integrity law 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 deliberations are confidential.

“We thank NRPD for referring the matter to my office and working closely with us to do our part in this matter.

“We respect the process and thank the Grand Jury for their service on this matter.”

Kane was suspended with pay following Harper’s arrest. CBS News New York has contacted the department to ask what its current status is and we are awaiting a response.