Ex-Mayor Adams adviser Tim Pearson's defense cites 'law enforcement privilege' in sex-harass suit

Graham Rayman, New York Daily News on Dec 11, 2024

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NEW YORK — Lawyers for former senior mayoral adviser Tim Pearson are repeatedly claiming “law enforcement privilege” in refusing to turn over a wide array of documents sought by a former NYPD sergeant suing Pearson for sexual harassment and retaliation, court papers filed Wednesday say.

“The NYPD and defendant Pearson are the targets being investigated by the NYC Department of Investigation,” writes John Scola, who is representing the former sergeant, Roxanne Ludemann.

“The target of an investigation cannot claim law enforcement privilege.”

John Flannery, a private lawyer hired by the city to represent Pearson and the NYPD, did not reply to a request for comment.

Ludemann claims in her March lawsuit that Pearson pursued her when she worked for him in a special mayoral unit that assessed city agencies in 2022 and 2023. When she rebuffed his advances, she claims, he blocked her promotion.

NYPD Chief Militaidis Marmara and two other cops backed up her claims. They allege in their own lawsuits that Pearson used his power over the NYPD to sideline their careers.

Pearson resigned Sept. 30 under pressure after federal agents seized his phones as part of an investigation into corruption in City Hall that also led to the resignations of four of the mayor’s most senior officials. None have been charged with wrongdoing.

Flannery and Elizabeth Scheibel, another lawyer hired by the city to defend against the lawsuit, called the document requests “vague, ambiguous and vexatious.”

In his reply, Scola called the response “bad faith” and asked for a hearing.

As for other probes, the NYPD was investigating Marmara for a shouting match with Pearson in 2023 over the alleged blocking of Ludemann’s promotion, but that case was resolved with a letter of reprimand sent to Marmara Sept. 19, records show. Ludemann and the two other cops who are suing have retired, ending any disciplinary probe involving them.

But the city is still citing the exception in refusing to produce a transcript of the official interview conducted by NYPD Internal Affairs of Ludemann in August 2023.

“There is no pending law enforcement investigation which the defendants are conducting,” Scola argues.

The city is also refusing to provide NYPD personnel records predating 2019, including past sexual-harassment allegations. Pearson retired in 2012 from the NYPD and worked as security director at the Resorts World Casino in Queens until Mayor Adams tapped him in 2022.

Marmara, in his lawsuit, alleged Pearson was the target of a series of sexual-misconduct allegations both while with the NYPD and after. Flannery had denied the allegations.

And the city’s lawyers also contend the city is “unaware” of any background check “or other vetting” of Pearson — suggesting he was never the subject of such a check, which would be unusual.

However, a spokeswoman for the Department of Investigation confirmed to The News DOI did perform a background check of Pearson.

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