Former Suffolk Police Chief James Burke pleads not guilty to charges of public lewdness, indecent exposure stemming from sex solicitation sting

Disgraced former Suffolk Police Chief James Burke pleaded not guilty to charges of public lewdness and indecent exposure at a brief arraignment in First District Court in Central Islip on Monday.

Burke, a convicted felon whose federal prosecution for beating a handcuffed suspect and covering it up more than a decade ago left an ethical stain on the department, was arrested following an interaction with an undercover park ranger during a sex solicitation sting at 10 a.m. at Vietnam Veterans Memorial County Park in Farmingville on Aug. 22, according to police and court records.

A copy of the criminal complaint unsealed Monday says Burke allegedly pulled down his pants, exposed his private parts, touched himself “in a sexual manner” and made a statement to the officer about how he enjoys performing a certain sex act.

Burke was released on his own recognizance following Monday’s proceeding before Judge Bernard Cheng. Assistant District Attorney Billie Phillips told the judge Burke, 58, of Smithtown is not facing any bail-eligible offenses. The prosecutor told the judge the case is ready for trial after saying his office had turned over all the necessary material to the defense.

Burke, dressed in a gray suit and black tie, declined to comment as he left court with Smithtown defense attorney James O’Rourke, who said he has “nothing to say at this time.”

O’Rourke requested an earlier court date, but Cheng scheduled Burke’s next appearance for Oct. 6, the day of his birthday.

Police previously said Burke attempted to use his former law enforcement status — and an appeal for sympathy due to the substance of the allegations — to avoid being arrested. He had a small amount of marijuana and a muscle relaxant at the time of his arrest, a law enforcement source told Newsday at that time. The former chief has not been charged with any drug offenses.

The sting was conducted by the Suffolk County Park Rangers’ Targeted Response Unit due to “numerous complaints” people were soliciting sex at the park, police previously said.

Burke’s latest arrest comes as some recent public discussion has centered on his role in the initial police failings to crack the Gilgo Beach serial killer case following the arrest last month of suspected killer Rex A. Heuermann — 13 years after the victims’ remains were found. Burke cut out the FBI from the investigation, starving it of expertise and resources, which various law enforcement officials conceded hurt the investigation.

Burke, who was Suffolk’s highest-ranking uniformed officer for four years, was arrested in December 2015 after he was indicted on charges of obstruction of justice and violating the civil rights of Christopher Loeb, then 26, of Smithtown and then orchestrating a departmental cover-up of the crime. Burke was denied bail and remained in federal custody after the late U.S. District Court Judge Leonard Wexler deemed him a danger to the community.

In February 2016, he pleaded guilty, and nine months later Wexler sentenced Burke to 46 months in prison and 3 years of supervised release.

Burke was released from federal prison in November 2018 after serving most of his 46-month sentence.

Suffolk police had arrested Loeb, a heroin addict at the time, on Dec. 14, 2012, after he was suspected of stealing a duffel bag containing a gun belt, ammunition, sex toys and pornography from Burke’s unmarked police SUV in front of the chief’s home.

Former Suffolk County District Attorney Thomas Spota and top aide Christopher McPartland were later convicted of charges, including conspiracy, witness tampering and obstruction in connection with the federal investigation of Burke. They are serving 5-year prison sentences. A federal court of appeals panel last week affirmed their convictions.

The county paid Loeb a $1.5 million settlement over the beating.

Burke collects an annual pension of $145,485, according to state records.

By Grant Parpan

grant.parpan@newsday.com@GrantParpan

Grant Parpan covers Suffolk County courts and federal courts for Newsday. A Long Island native, he joined Newsday in 2022.