Jurors rule 2 Nassau detectives must pay $251,000 to man they helped evict from Roosevelt home

A federal jury has ordered two Nassau detectives to pay $251,000 to a man who sued them after they helped a property manager illegally evict him from his Roosevelt home — along with his pregnant fiancee — in October 2009, court records show.

The jury ruled on Nov. 28, following a five-day trial in Brooklyn, that detectives Timothy Slevin and Martin Helmke must pay plaintiff Michael Smith $151,000 in compensatory damages. The jury also ordered Slevin to pay Smith $95,000 in punitive damages, while Helmke was ordered to pay $5,000.

“What is demonstrated in this lawsuit is the lack of accountability for the abuse of power by officers,” said Smith’s lawyer, civil rights attorney Fred Brewington of Hempstead. “There was no level of discipline.”

Matthew Cuomo, an attorney representing Slevin and Helmke, did not return requests for comment.

The defendants initially included other police officers and Nassau County, as well as a now-defunct real estate company called Zurich Associates, manager Anna Gaetano and owner Harry Terezakis. Those defendants were eventually dismissed from the lawsuit.

The lawsuit identifies Gaetano as a partial owner of Zurich Associates and a friend of Slevin. She and Terezakis used their “personal ‘friendships’ and affiliations with members of the Nassau County Police Department, particularly defendant Slevin, to subject plaintiffs to criminal process with the actual purpose of evicting plaintiff,” the complaint said.

Gaetano declined to comment, as did spokesmen for the Nassau Detectives Association, Nassau police and County Executive Bruce Blakeman. Terezakis could not be reached for comment.

The lawsuit, filed in the Eastern District of New York, said Smith rented the home several weeks before the eviction from a man who showed him proof of ownership. The man agreed to rent the home — which required extensive repairs — to Smith at a reduced rate if Smith renovated it.

A few weeks after Smith and his fiancee moved into the home, Gaetano came to the property and said she was the owner. Smith showed her the lease and refused to leave due to the effort and expense he had invested in the house, according to court papers. Gaetano called Nassau police to have Smith arrested and/or removed from the home, but officers said it was not a criminal matter and needed to be addressed in a civil court.

Gaetano instead tried to file a criminal complaint with the Nassau County district attorney to have Smith arrested for trespassing. The district attorney's office did not pursue the matter.

Gaetano then began “a callous campaign of harassment” to force Smith and his fiancee from the home, court documents argue. She sent associates to seal the property and change the locks. Gaetano and her associates also burglarized the home on several occasions and intentionally caused damage to Smith’s property, the court papers said.

Gaetano appeared at the home again and told Smith, “I’m going to call my friend who is a detective for the Nassau County Police Department to have you arrested.”

A few moments later, the lawsuit said, Slevin, Helmke and several other officers arrived at the home. Slevin threatened to throw Smith’s property onto the street if he and his fiancee did not pack up and move immediately.

Smith called his attorney, who asked to speak to Slevin. When the attorney told Slevin the eviction was improper, Slevin told Smith he was under arrest for trespassing. Smith had been complying with Slevin’s demands to stay off the property when he was arrested, according to the complaint.

“Instead, they left her out on the street in Roosevelt and took plaintiff Smith, her sole provider of care and support during her pregnancy, to jail,” the papers said.