MINEOLA - A state Supreme Court judge decided that the legality of Acting Nassau Police Commissioner Thomas Krumpter's subpoena to Facebook regarding a user's true identity will be resolved in federal court.
As News 12 Long Island has reported, Krumpter issued a subpoena to Facebook last month in connection with an internal affairs investigation in an attempt to gather information about pseudonymous Facebook account of "Sue Reilly." The account posted comments critical of the acting commissioner and the department on the social media site.
Attorney Vincent Grande, who represents the unnamed person behind the account, says his client is a retired Nassau police officer. He has been trying to block the subpoena.
"They have the power to ruin you," says Grande.
Paul Sabatino, an attorney with more than 20 years of experience working as legal counsel for various branches of government, says Krumpter may not have the legal authority to issue a subpoena due to his status as "acting commissioner."
"Under New York State law, there is no such thing as an acting commissioner," says Sabatino. "I question whether Krumpter has any legal authority as commissioner."
A Nassau County Police Department spokesperson tells News 12 that Krumpter's status as acting commissioner does provide him with the power to issue a subpoena. The spokesperson did not comment any further.
Grande says he's asked the FBI and the state's attorney general to investigate Krumpter's subpoena.