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The Law Offices of Frederick K. Brewington is a well-respected litigation firm with an office in Hempstead, Long Island. Our focus is primarily in the area of civil rights, voting rights, employment discrimination, police misconduct, personal injury, medical malpractice, wrongful death and criminal law. However, the Law Offices of Frederick K. Brewington is a full- service law firm handling matters in numerous areas of law and providing a wide range of services from contract formation to litigation and trial practice.
Convicted Nassau Police Officer who Provided False Testimony to Grand Jury Loses Appeal Seeking Immunity
On January 13, 2015, the Second Circuit Court of Appeals ruled against Nassau County Police Officer Craig Buonora—who provided perjured testimony against Darryl T. Coggins to a Nassau County Grand Jury leading to Mr. Coggins' wrongful indictment—in that he should not be granted immunity from suit for his actions which were unrelated to his Grand Jury testimony.
In his complaint, Mr. Coggins alleges that on October 9, 2004, he was pulled over in Floral Park, New York by Officer Vara because of this race and color. In an attempt to justify his stopping Mr. Coggins, Officer Vara administered a Breathalyzer test and a field sobriety test, both of which he passed. When Mr. Coggins asked why he was pulled over, Officer Vara did not respond but instead called for backup.
Officer Vara then began to manhandle Mr. Coggins, to which Mr. Coggins stated, "You don’t have to grab me," to which Vara stated, "I’ll do more than that." Seeing Officer Vara then place his hand on his gun, Mr. Coggins became scared and ran. As he ran off, Officer Vara saw Officer Buonora pull up. According to Mr. Coggins. Officer Buonora yelled, "Shoot him in the back, shoot him in the back." Both officers told the Grand Jury they heard a "metal noise" as they pursued Mr. Coggins on foot and found a gun at the scene. Mr. Coggins surrendered to the police later that day and was charged with criminal possession of a weapon.
It was later determined that Officers Buonora and Vara perjured themselves when a Floral Park Village officer who was at the scene told Mr. Coggins' attorneys that the testimony they gave was inaccurate. The officer also claimed he was the one who found the gun, not the NCPD officers.
After an investigation, all charges against Mr. Coggins were dropped. Police Officer Buonora was subsequently indicted for felony perjury, but was allowed to plead guilty to misdemeanor perjury. Despite this arrest and conviction, Officer Buonora was allowed to continue his employment as a police officer with the Nassau Police Department. Citing Rehberg v. Paulk, Officer Buonora sought immunity from the Federal Court as to his grand jury testimony, despite his conviction for perjuring himself. Officer Buonora also asked the Court to place a gag order on Mr. Coggins and his counsel that would preclude them from speaking to members of the press and social media about the case.
On February 6, 2014, the Hon. Joseph F. Bianco, issued a decision and denied Officer Buonora’s motion to issue a gag order and denied, in part, immunity from testifying. Officer Buonora appealed and, on January 13, 2015, the three-judge panel of the United States Court of Appeals for the Second Circuit upheld the lower court's decision. The judges ruled that it was Officer Buonora’s conduct, not his testimony, that precluded him from being granted immunity.
Mr. Coggins was represented by Frederick K. Brewington on the brief with Scott A. Korenbaum, of counsel.
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