By Jonann Brady and Karenlyn Barone
The suit, brought by former Malverne police officer John Intermor, charges that the board and police department violated his civil rights when he was fired from the force in March 2000 after he was arrested for shoplifting at an Elmont Home Depot.
The Intermor affair began on July 17, 1999, when Intermor, who was off duty at the time, was caught on videotape in an Elmont Home Depot cutting open a Shop-Vac vacuum box with a razor blade and then putting electrical supplies in the box. Intermor is shown walking away from the box, then returning later and carrying the box to the checkout counter with the intention of purchasing it and the hidden electrical items, which totaled about $90.
Intermor, who was 34 at the time, was detained in the parking lot by security guards until Nassau County police officers arrived and escorted him away. Intermor was not charged at the time, but instead let go, which led to an investigation by the Nassau County District Attorney's Office and the Internal Affairs Bureau into how the case was handled.
Intermor was eventually charged with misdemeanor petty larceny on July 30, 1999, and he pleaded guilty to a lesser charge of disorderly conduct in Nassau County Court.
Eventually, the story of Intermor's arrest made its way to the Malverne Police Department and village trustees, and he was brought in for a hearing regarding the incident and subsequently suspended from the force without pay.
"There was not a lot in dispute, as far as the facts go," said Malverne Village Attorney Jim Frankie.
Intermor, who had worked for the Malverne Police Department for 10 years, was fired from the force in March 2000. He did not go quietly, though. He retained an attorney, Lawrence Gordon of Blodnick, Gordon, Fletcher and Sibell, who filed several motions with the New York State Appellate Division to force the village to rehear the case. In May 2002, the village board reconsidered the case and came to the same conclusion: Intermor should be fired.
One week ago, members of the village board and the police chiefs in both 2000 and 2002, when Intermor's cases were heard, were notified that they were being sued in federal court for violating Intermor's civil rights. Those named in the suit include Malverne Mayor Anthony Panzerella, current Police Chief Glen Jacobsen, former Police Chief Raymond Garrigan, Trustee Patty McDonald and former trustees Don Pupke, John Russo and Joseph Hennessy.
Intermor's attorney said that his client was not given due process during his disciplinary hearings. "His job as a policeman is a property right, and according to the constitution, one's property cannot be taken away without due process," said Gordon.
According to a source close to the case, four separate claims, each for $10 million, have been filed against the village and individuals, including depriving Intermor of due process at the hearings, violating his right against self-incrimination, violating his right of equal protection, and a claim that the village routinely violates the civil rights of all of its employees.
The source said that the case does not bode well for citizens who want to run for public office. "It has a chilling affect on people who want to go into public service. It's reprehensible."
Frankie, the village attorney, said that he thought the suit had no merit. "I am so surprised by this lawsuit," he said in a telephone interview. "Frankly, I don't think there is any merit to it at all, and, hopefully, when we get to court the judge will agree with us. This is completely baseless."
The parties named in the suit were not allowed to discuss the case with the Herald. The only standing board member not mentioned in the lawsuit is Village Trustee Jim Callahan, who did not participate in the Intermor hearings because of a conflict of interest.
"At the time of the hearing, I recused myself," said Callahan. "My firm and I represent Home Depot, not in this incident, but in other cases, so I had to note a conflict."
While Gordon said that Intermor "maintains a legal residence in Malverne," records show that he moved to Marco Island, Fla., and started a real estate business called Marco Property Sales.
A report from the Florida Department of Law Enforcement obtained by the Herald shows two arrests for John Bryan Intermor, 38, of Marco Island. On Dec. 24, 2002, Intermor was arrested for second-degree driving under the influence, a misdemeanor. While he was in custody, according to the Naples Daily News, jail guards found three hydrocodone pills and three sleeping pills in his possession, and he was charged with felony drug possession. A blood-alcohol test revealed no signs of alcohol consumption, and the district attorney did not prosecute the case.
The report also shows a second arrest of Intermor by the Marco Island Police Department on June 11, 2003, for first-degree larceny, a misdemeanor, after he allegedly shoplifted two DVDs from a local Walgreen's.
The police report for the Naples Daily Times lists a home address for Intermor at 1857 N. Bahama Ave. in Marco Island. No phone number was listed for that address, and Intermor's attorney said he has "no idea" about a Florida address for his client.
When asked on Wednesday about the criminal charges against Intermor, Gordon said, "I have no knowledge of them. If he did something in Florida, I'm totally unaware of it." He added that Frankie also asked him about the charges on Tuesday.
A call placed to the number given on the Marco Property Sales Web site led the Herald to Coldwell Banker, and when asked if John Intermor was still affiliated with the company, an operator replied, "Absolutely not."
