Suffolk Police Det. Sgt. James Scimone, named in wrongful death lawsuit, testifies he was not interviewed by internal affairs

A Suffolk police officer named as a defendant in the wrongful-death lawsuit against the police testified on Thursday that the department’s Internal Affairs Bureau did not interview him before investigators cleared him of allegations of false arrest, excessive force and failure to perform duty following the 2008 death of a Bay Shore man following a traffic stop.

Det. Sgt. James Scimone, in often-combative testimony, said in federal court in Central Islip that he had been the subject of six civilian complaints before the death of Kenny Lazo on April 12, 2008. He was exonerated in each of those complaints — even though he had never been interviewed by Internal Affairs investigators.

Retired Suffolk Det. John Newton, also a defendant in the lawsuit, testified later Thursday that he had been the subject of more than 20 civilian complaints and was also never interviewed by Internal Affairs. Newton testified that he was docked 10 vacation days after one complaint of making false statements but cleared in the rest. 

“Each of the officers who have testified thus far, that has been a consistent pattern and that is part of our case,” said attorney Frederick K. Brewington, who filed the lawsuit in 2009 on behalf of Lazo’s mother, Patricia Gonzalez, and the mother of his son, Jennifer Gonzalez. “Part of our case is to show that there is a pattern in the Suffolk County Police Department of not doing really valid Internal Affairs investigations — basically putting a lot of paper together, but the outcomes were not worth the paper they were written on.”

The civil suit, which names five current or retired Suffolk police officers as defendants, as well as the county and police department, contends an assault by the officer led to the death of Lazo, a father who was 25 years old when he died. It also alleges Suffolk police and prosecutors covered up the fatal beating. 

An autopsy conducted by the Suffolk County medical examiner determined that Lazo died of cardiac arrest “following exertion associated with prolonged physical altercation with multiple blunt impacts.” It also concluded that obesity was a factor in Lazo's death.

An expert who reviewed the autopsy concluded that Lazo’s hands were cuffed behind his back and he was on his stomach for much of the altercation, according to Brewington. 

Suffolk officials have said for years that the five officers named in the lawsuit as Lazo's assailants used necessary and justified force to subdue him. Marc Lindemann, an attorney for Suffolk County who is representing the police, said during opening statements earlier this week that Lazo’s death was a tragic event for which the police cannot be blamed. He called the level of force officers used against Lazo just before his death, “justified and reasonable.” 

Representatives for the county and the department declined to comment on Thursday, saying they can’t discuss pending litigation. The Internal Affairs Bureau accepts and investigates complaints made about officers by civilians. 

Scimone, on the witness stand for most of Thursday, was frequently combative while questioned by Brewington. He acknowledged that he did not seek medical attention for Lazo after the confrontation with police, and was visibly angry about being “verbally reprimanded” for violating department rules and procedures for failing to take Lazo to a hospital. 

Police have said that Lazo was pulled over by police on the entrance ramp to the Southern State Parkway in Bay Shore after he was seen conducting a drug transaction in West Islip. Lindemann said during his opening that police found 40 grams of cocaine and $2,000 on Lazo when he was arrested. 

According to the lawsuit, officers stopped Lazo’s vehicle about 8:15 p.m. the day he died. Court papers allege the officers beat Lazo with heavy flashlights on the side of the road, and then transported him to the Third Precinct in Bay Shore. Lazo was found unresponsive and in underwear on the floor of a holding cell about 9 p.m. At 9:25 p.m., he was taken to Southside Hospital, where he was pronounced dead 20 minutes later.

A Suffolk County grand jury declined to bring charges against the five officers in November 2008, seven months after Lazo’s death. 

The lawsuit has taken years to go to trial for a variety of reasons. The case was transferred from judge to judge, and one delay was caused by the death of a judge. The COVID-19 pandemic put the case on pause for more than two years. 

Testimony in the trial resumes Friday.