Giammatteo faces second indictment

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A Southampton Town Police officer already facing 14 charges including bribe receiving and coercion was indicted on eight additional counts of official misconduct earlier this week.

At the Suffolk County Court in Riverhead on Monday morning, Guy Giammatteo, dressed in a suit and wearing a wedding band, pleaded not guilty to the additional charges and was released on his own recognizance. He is due back in court for conferences on April 4.

The officer refused to comment to reporters while approaching and leaving the courtroom, though his attorney, William Keahon of Islandia, spoke briefly following the indictment. As he stated after Mr. Giammatteo’s original indictment, Mr. Keahon said that he and his client have proof that convicted murderer Daniel Pelosi has been framing Mr. Giammatteo from behind bars as retribution for testifying against him during his murder trial.

Mr. Giammatteo is married to Mr. Pelosi’s sister, Joan Giammatteo. Mr. Pelosi was convicted in December 2004 of killing millionaire Theodore Ammon of East Hampton.

“It’s a tragedy,” Mr. Keahon said of his client’s case. Nevertheless, Mr. Keahon said he is sure his client’s innocence will be proven, as he has letters from Mr. Pelosi that he expects to submit as evidence during the trial.

Under the original indictment, Mr. Giammatteo is accused of coercing sex from women, agreeing not to arrest them if they complied.

Assistant District Attorney Bob Biancavilla, who is handling the case, said Tuesday that the prosecution is hopeful the matter will go to trial in May or June.

During the arraignment Monday, both Mr. Keahon and Mr. Biancavilla waived a public reading of the indictment. After the arraignment, Mr. Biancavilla said that two of the charges in the new indictment accuse Mr. Giammatteo of failing to arrest one woman for using crack in front of him because they were involved in a sexual relationship. The other six charges were filed after prosecutors received evidence that Mr. Giammatteo fostered relationships with women he met while responding to calls. Two of these woman were the victims of domestic violence and a third he encountered while conducting police business. Prosecutors were not specific as to the nature of his meeting the third woman.

“These are women that he met during the course of normal police activities,” said Mr. Biancavilla. “He would respond to calls, he would meet attractive women and enter into this process of seduction, and then develop relationships with them all while he was on duty.”

Mr. Biancavilla noted that these four additional women, all of whom entered into consensual sexual relationships with Mr. Giammatteo, came forward after the original indictment was unsealed last March because they were concerned for their health. None of the women was identified this week.

The indictment unsealed on Monday had been postponed three times in just over a week because of conflicting court schedules, Mr. Biancavilla noted.

After the arraignment on Monday, Mr. Keahon said that Mr. Giammatteo, who was wearing a bandage on his right hand, is still unable to use it after rupturing the tendons while on duty just weeks before being suspended as a result of the charges. His client was also wearing the bandage as he came to court on his first indictment, unsealed on March 14, 2007.

Mr. Giammatteo was suspended from the police department without pay by the Southampton Town Board on March 15, 2007, pending the outcome of the disciplinary charges filed against him.

According to the original indictment, Mr. Giammatteo failed to execute a warrant on three separate occasions between May and August 2002 to arrest a woman identified as “Jane Doe #2” in exchange for oral sex and sex. Between March 6 and March 26, 2003, he is accused of revealing the time and place of future narcotics enforcement raids planned by Town Police in exchange for oral sex and sex with a woman identified as “Jane Doe #1.”

Between August 3 and August 13, 2004, Mr. Giammatteo allegedly went to the home of a “Jane Doe #3” under the pretext of checking on her safety, according to the indictment. He then exposed himself and suggested that she perform oral sex on him, according to Mr. Spota. Mr. Giammatteo then stopped her a few days later in his police car and advised the woman that she should not tell anyone about the incident.

Mr. Giammatteo is also accused in the indictment of informing the owner of a local nightclub, identified only as “Jane Doe #4,” on two separate occasions of upcoming alcohol and narcotics investigations conducted by undercover town detectives.

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