FBI agent at center of Quinoy storm still on-duty

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.

Sentencing delayed for Greenburgh feces thrower

showimg.aspConvicted sex offender and (you read that right) feces thrower Eugene Feeney got a bit of a break today, as a judge postponed sentencing him for a brutal attack on his ex-girlfriend earlier this year.

Feeney, a 40-year-old Sleepy Hollow resident, was convicted at trial of raping, robbing and assaulting the woman when she broke up with him. He also was convicted of resisting arrest and obstruction for his excrement-spattered tirade when Greenburgh police arrested him.

Feeney’s lawyer, Ron Stokes, filed papers to set aside the verdict based on new evidence he found following the trial. He said a credit card receipt was discovered that he says contradicts testimony the woman gave at trial. Acting state Supreme Court Justice Robert Neary gave prosecutors a few weeks to look over Stokes’ motion and file a response, and told both sides to be back in court on Jan. 6.

Prosecutors said when Feeney’s girlfriend tried to end their relationship inside her Armonk apartment on Jan. 10, he restrained and raped her. Two days later, while he was inside the apartment to retrieve his belongings, he stole a diamond ring. The next day, when the victim realized the theft and got into contact with Feeney, they agreed to meet in a public place where he was to return the ring, but Feeney demanded money instead. Another argument ensued and he began assaulting her.

He then drove her to a Greenburgh ATM, where she withdrew money and threw it on the ground to distract him so she could flee. But he grabbed her and tried forcing her to withdraw more money, prompting an eyewitness to call Greenburgh police.

Feeney put up a struggle when he was taken into custody, including kicking the back of a police cruiser, and had to be subdued with Taser gun. He was taken to the emergency room at Westchester Medical Center for treatment. While there, Feeney defecated, and a small plastic bag containing marijuana emerged, police said. He then began kicking the feces at police and nurses.

Say it with me now … ewwwww!

If the credit card receipt isn’t enough to throw out the verdict, Feeney will be sentenced as a predicate felon. He was arrested in Greenburgh in 2004 and pleaded guilty in 2005 to a felony charge of criminal sexual act. He served three years in prison before being discharged in December 2008.

In this latest conviction, Feeney faces five to 25 years for the top charge but could get consecutive sentences.