An undercover officer testified Thursday that a Garden City man she helped arrest on charges of patronizing a prostitute never mentioned price nor asked for sex when he met her in a hotel room last year.
Det. Tracey Cabey, then a police officer, said "it was implied" that Walter Delaney, 55, was going to pay her because a dollar figure was cited in the Web ad where he got her telephone number.
He arrived at the East Garden City hotel about 6:30 p.m. on April 26, 2013, and spent barely 30 seconds in the room before turning and leaving, a video played in First District Court in Hempstead showed.
The officer said Delaney asked her if she was a police officer and she said she was not. She then asked him if he was a police officer and he made an obscene gesture before walking out of the room, she said.
"Hold on. Hold on," Cabey said in the video, but Delaney continued out of the room before being arrested by Cabey's backup team.
Defense attorney Leslie Rudman of Jericho suggested that Cabey wanted Delaney to return because she did not have enough evidence to arrest him.
"I thought we had enough evidence," Cabey said. "We would prefer to make the arrest in the room and not in the hallway."
Prosecutor Philip Nash made no mention of Delaney offering money during his opening statement last week, but said Delaney went to the room "to engage in sex with a woman he believes is a prostitute. . . . He knew he was in the right place for what he was looking for."
Cabey also said Delaney had mentioned a price in the telephone call, but she did not write that down in her paperwork on the case.
Delaney was one of 104 men arrested on misdemeanor charges in Nassau County in April and May 2013 in an anti-prostitution sting that police called a "reversal" of their usual practice of arresting the prostitute.
District Attorney Kathleen Rice dubbed the sting "Flush the Johns" when she publicized the arrests for the first time in June 2013. More than 80 of the men have since pleaded guilty to some charge.
Delaney is the sixth of the sting targets to go to trial. Four were acquitted and one was convicted.
Both the defense and prosecution were to sum up before Judge Sharon Gianelli, who is hearing the case without a jury.