A controversial ex-Long Island police chief accused of exposing himself to a male park ranger couldn’t have done the lewd act because “his interest lies toward the female,” his attorney claimed.
Former Suffolk County Police Chief James Burke, who was once convicted of beating up a man who stole his porn stash and is blamed by critics for botching the Gilgo Beach murders investigation, will have his charges of indecent exposure and public lewdness dismissed if he stays out of trouble over the next six months, court records show.
He was initially accused of flashing and masturbating in front of a plainclothes ranger at Vietnam Veterans Memorial Park in Farmingville on Aug. 22, 2023 – but the case fell apart thanks to unspecified misconduct allegations against that ranger and two of his colleagues, the Suffolk County District Attorney’s Office said.
His lawyer, James O’Rourke, told The Post that Burke continues to strongly deny the criminal case against him while noting the rangers tied to the case had credibility issues.
Police alleged at the time of the arrest, Burke “solicited sexual acts from the plainclothes ranger.”
“If anyone who knows James Burke, and unfortunately James Burke’s life has in the past 10, 12 years has been somewhat of an open book based upon the various charges,” O’Rourke said. “He may be a lot of things, but his interest lies toward the female, not the male.
“If it was a lady of the evening he might have been there with, one would have pause about the credibility of his denial, but that’s not the case here. He denies it vociferously.”
Judge Eric Sachs granted an adjournment in contemplation of dismissal in court Wednesday after prosecutors said they could not go forward with the case.
Rangers involved in the arrest are facing misconduct allegations and have all since left their positions, the district attorney’s office said.
“Following the arrest of James Burke, three Park Police officers involved in the arrest resigned, including the officer who was alleged to have personally seen the criminal behavior,” a spokesperson for the DA said.
“Based upon disclosures required by New York State law of alleged misconduct, it was determined that the People could not meet the burden at trial.”
The DA’s office called the disposition “appropriate.”
Burke has a scandalous and criminal past after he was once-powerful law enforcement official.
He failed to reach meaningful progress in the early stages of the Gilgo Beach serial killer probe, cutting off FBI assistance during his tenure as chief between 2012 and 2015.
Massapequa Park father of two Rex Heuermann was captured in 2023 after the probe was kicked into high gear the year and Burke was out of office. Heuermann, an ogre-like Manhattan architect, pleaded guilty to seven murders and admitted to an eighth killing in early April.
Burke also served a federal prison stint for roughing up a man who stole a stash of porn and a sex toy from his official police vehicle in 2012 and then attempting to cover his tracks.
He lost his police-issued service weapon twice while he was engaged in a sexual relationship with a woman who was a convicted felon, Newsday reported in 2013, citing an internal affairs report.
He was also accused in 2016 of attending sex parties with drugs and prostitution, said lawyer John Ray, who was representing a Gilgo Beach victim and prostitute. At the time, a lawyer for Burke reportedly said the claims did not warrant a reply.
O’Rourke, Burke’s legal rep, said his client was “delighted” the criminal case would soon be behind him.
“There is no reason why the ultimate dismissal will not be granted and he begin to hopefully begin to enjoy his retirement without any cloud over his head,” O’Rourke said.
Burke’s next court date is set for Oct. 28.
