By JOHN MORRIS
Bronx Supreme Court Justice Martin Marcus on Tuesday rejected a prosecution request to admit into evidence an audio recording of accused New York City police lieutenant Jennara Cobb discussing the investigation into widespread ticket fixing by Bronx cops with an Internal Affairs officer.
Cobb, 38, sat stone-faced in court dressed in a dark gray business suit as Assistant DA Donald Levin tried to convince the judge to admit an eight-minute recording of Cobb and Detective Randy Katokofsky talking about veteran cop Jose Ramos and the investigation on other officers. Katokofsky, who was aware of the investigation, was trying to catch Cobb giving up information.
In the recording, Cobb is heard saying to Katokofsky, “Ramos is a dirty cop, and he should have been taken down a long time ago.”
Katokofsky is also heard asking Cobb if she knew anything about ticket-fixing, and an anonymous email that was sent with names of officers who were being investigated. In the recording, Cobb admitted she was aware of it, and replied, “I’m not getting involved with that s–t. I don’t want anything to do with that stuff. I’m very happy with what I’m doing now.”
Levin argued that by confirming the email, and ticket-fixing, Cobb was leaking information about the investigation.
However, Cobb’s lawyer, Philip Karasyk, countered that many people throughout the department had seen the email, and the lieutenant wasn’t divulging anything to Katokofsky that wasn’t already common knowledge within the department.
The judge indicated his agreement that Cobb’s comment about officer Ramos and her admission that she was aware of ticket-fixing throughout the department didn’t prove she was leaking information about the investigation.
The investigation, which began in December 2008, started when Internal Affairs received an anonymous tip that veteran cop Jose Ramos had been involved in various illegal activities with a known drug dealer in the Mott Haven section of the Bronx. Soon, the scope of the investigation expanded to cops fixing parking and moving tickets for family members and friends.
Prosecutors charge that in February 2010, Cobb, who was at the head of the investigation, met with officer Kevin McCarthy and Lt. Williams Kivlehan at a pub in Rockland County, where she tipped them off about the investigation and wiretaps. The two men in turn spread the word throughout the department. Following the meeting, wiretap conversations among officers, which yielded compelling evidence for Internal Affairs, suddenly stopped. Soon after, officers began meeting in person using disposable cell phones to discuss tickets.
In October 2011, after a sweeping investigation that lasted three years, the Bronx DA Robert T. Johnson and former Police Commissioner Raymond Kelly announced the indictment of the Cobb and 15 other officers.
Cobb, who is charged with obstruction of governmental administration, divulging an eavesdropping warrant, and official misconduct, faces a maximum of one year if convicted.
She has waived her right to a trial by jury and leaves the verdict in the judge’s hands. Cobb, who has been placed on modified duty, watching security cameras in housing projects, was due back in court on Wednesday.
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