Hudson Valley House candidate charged with wrongful arrest as NYC cop in court
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Alison Esposito was a lieutenant in the New York Police Department in 2016 when she and her colleagues from a Manhattan gang unit went to an East Harlem apartment one night to arrest a suspect in connection with several shootings.
They made the arrest. But they also handcuffed a 16-year-old girl and charged her with hitting and scratching Esposito. Those charges were dropped several months later and the city eventually paid $25,000 to settle a lawsuit filed by the girl, who claimed Esposito fabricated the assault claim against her.
Five years after that settlement, Esposito is a Republican candidate for Congress, running for a House seat in the Hudson Valley region where she grew up. This run for office, which follows an unsuccessful statewide run for lieutenant governor in 2022, is anchored by her 25-year career as a police officer, rising to the rank of precinct chief.
On November 5, she will face Democratic Rep. Pat Ryan in New York’s 18th congressional district, which includes all of Orange County, most of Dutchess County and part of Ulster County.
Esposito’s campaign denies any wrongdoing in the 2016 arrest that resulted in a court settlement. But in emails to the USA Today Network describing the case, the Brooklyn lawyer representing the girl alleged that Esposito committed serious misconduct, starting with illegally entering the apartment without a warrant or the residents’ consent.
“Despite the fact that police had no arrest or search warrant and were specifically instructed not to enter the home without such a warrant, Esposito entered the home,” said attorney Andrew Miller. “There was no emergency that justified Esposito’s actions, she was simply frustrated by the delay and decided to act against the law.”
Once inside, Esposito immediately grabbed 16-year-old Rebecca Cuevas, who was recording the encounter on her cell phone, and knocked the phone out of her hand. Cuevas “was then taken to the ground and handcuffed there, only to be pulled back to her feet by Esposito’s hair,” Miller said.
“Our view is that she was arrested because she recorded the video,” he said.
Contradictory reports about what happened
In the indictment, police gave a completely different account, claiming that the teenager got between Esposito and the suspect she was trying to handcuff, and then hit and scratched the officer – “resulting in redness and swelling on Lt. Esposito’s cheek and scratches on her neck.” Cuevas was charged with aggravated assault and obstruction of public order.
Both charges were dropped less than five months later, according to the lawsuit Cuevas and her mother filed in 2017. In their case, they made allegations of malicious prosecution, assault, civil rights violations and other misdemeanors by Esposito and the police department. The lawsuit was settled in 2019 for $25,000.
Ben Weiner, Esposito’s campaign manager, disputed the version of events described by Cuevas’ lawyer, calling it “absurd.”
“The reality is that Cuevas obstructed officers who were lawfully arresting her friend – a violent, drug-dealing gang member wanted for shooting a member of a rival gang three times,” Weiner said in an email response to the USA Today Network.
He added that Esposito was “fulfilling her responsibility to protect the community – a duty she has faithfully fulfilled for 25 years.”
What does the video show?
The cell phone video that Cuevas allegedly shot that night appears to confirm her lawyer’s account of unauthorized entry.
The 29-second video was provided to the USA Today Network for viewing but not publication because Cuevas was a minor at the time. It shows a hallway and a partially open door of an apartment as several voices repeatedly tell police that they are not allowed to enter the house. “You are not allowed to enter the house without a warrant,” a male voice says twice, just before a female officer, who appears to be Esposito, pushes inside and toward the camera.
Then there is a babble of voices and chaotic camera movements before the video breaks off a few seconds later.
Weiner, Esposito’s campaign manager, did not respond directly when shown the video and asked if Esposito and her group had a search warrant. “The only thing the video shows,” he said, “is Alison immediately stepping in to arrest a very dangerous gang member and get him off the streets.”
Miller said the worst part of the incident for his client was having false accusations “hung over her head,” including a charge of aggravated assault that could have resulted in up to seven years in prison if convicted.
“At the time, Cuevas was 16 years old, about 5 feet tall, and weighed no more than 90 to 100 pounds,” Miller wrote. “The idea that Cuevas attacked the lieutenant (Esposito) is absurd. No one believed it. And of course, the city paid.”
Campaign start: Alison Esposito of Orange County is running for Congress after running in the state in 2022
Who was the suspect the police were looking for?
The indictment says police went to the apartment to arrest Tysheem McGregor. According to court documents and published reports, McGregor is a member of the East Army Gang in East Harlem and is linked to four shootings over turf disputes in 2015.
He was convicted of attempted murder and other charges in 2017, but the case had taken a strange turn: a juror admitted to having a romantic relationship with a prosecution witness. This led to the verdict being overturned on appeal and a lengthy second trial with a very different outcome.
In 2021, a new jury acquitted McGregor of all but the least serious charges against him, allowing him to walk free.
Chris McKenna covers government and politics for The Journal News and USA Today Network. Reach him at [email protected].
