FBI Special Agent Catherine Pena was found by a federal judge to have destroyed evidence in the criminal civil rights case of Sleepy Hollow Det. Jose Quinoy. Judge Kenneth Karas also found that Pena tried to cover up the destruction or replacement of a disc containing recordings made by Officer Michael Hayes, the Sleepy Hollow cop who cooperated with the FBI in its investigation. Then, Karas found after pre-trial hearings, that Pena lied about it on the witness stand. Pena refused to testify at Quinoy’s criminal trial. Her lawyer informed Karas that if forced onto the stand by a subpoena from Quinoy’s lawyer, Andrew Quinn, Pena would take thew Fifth Amendment.
The jury acquitted Quinoy of two counts — one civil rights charge and witness tampering — and deadlocked on another civil rights charge. Quinoy came within one holdout juror vote on one count of beating the entire indictment. The lawyer for the man who Quinoy allegedly assaulted on Oct. 17, 2006, after he was already in handcuffs blamed Pena for the verdict and the deadlocked count.
But despite all this, Pena is still working in the FBI’s New York office. FBI Spokesman James Margolin said this morning, “She is still an FBI agent assigned to the New York office.”
But Margolin declined to comment when asked if she was under any disciplinary review.
At the end of pre-trial hearings that delved into the missing disc, Assistant U.S. Attorney Cynthia Dunne said federal prosecutors and the FBI were looking into Pena’s actions.