Newark Police Officer Indicted for Witness Tampering and Obstruction of Justice

NEWARK, NJ—A federal grand jury returned an Indictment today against Newark Police Sergeant Michael J. Lalley, charging him with witness tampering and obstruction of justice for allegedly attempting to keep a witness from giving truthful information to Federal Bureau of Investigation (“FBI”) agents conducting a federal criminal investigation, United States Attorney Paul J. Fishman announced.

Lalley, 43, of Jackson, New Jersey, was previously arrested and charged in a criminal Complaint on February 17, 2010, for attempted witness tampering in connection with the same conduct.

According to documents filed in Newark Federal court:

Several conversations between Lalley and an individual identified as Victim #2 were consensually recorded, in which Lalley encouraged and instructed Victim #2 to lie to the FBI about their past sexual relationship, Victim #2's age at the time of the relationship, and the identities of other minors who engaged in such sexually explicit conduct with Lalley. For example, during a call on January 19, 2010, Lalley advised Victim #2 that the FBI did not know anything of their past relationship, and would not find out about it as long as Victim #2 kept “it on the DL [down-low].” Later in the conversation, Lalley told Victim #2 to tell the FBI that he was over 18 years of age at the time of the conduct, or else Victim #2 would have to go to court and testify and “everything else comes out.”

In a conversation on January 22, 2010, Lalley repeatedly attempted to get Victim #2 to meet him in person regarding Victim #2's questioning by the FBI because Lalley was concerned that their phones could have been “tapped.”

The Indictment charges Lalley with attempting to obstruct justice by tampering with a witness (Count One), and attempting to obstruct, influence and impede an official proceeding (Count Two). Each count carries a maximum statutory penalty of 20 years in prison and a $250,000 fine.

If the defendant is convicted, in determining the actual sentence, the judge to whom the case is assigned will consult the advisory United States Sentencing Guidelines, which provide appropriate sentencing ranges that take into account the severity and characteristics of the offense, the defendant’s criminal history, if any, and other factors. The judge, however, is not bound by those guidelines in determining a sentence. Parole has been abolished in the federal system. Defendants who are given custodial terms must serve nearly all that time.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Michael B. Ward, for the investigation leading to today’s Indictment.

This case is being prosecuted by Assistant U.S. Attorney Christopher J. Gramiccioni.

The charges and allegations made in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.