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By Robert Romano

The Federal Bureau of Investigation is now asking a federal court to dismiss the criminal charges against a retired New York police sergeant involved in an explosive case over which he has no investigative jurisdiction.

A motion filed by the Special Litigation Counsel, U-M. Eric Schneiderman, states in part:”Because Sergeant Timothy J. Farrell is under no federal jurisdiction when the offenses occurred, they should be dismissed.”

Prosecutors previously announced the charges against Farrell, 51, of Buffalo, N.Y., who was fired from the NYPD for “making false statements to FBI investigators,” in a case that involved the discovery of a bomb in a truck parked outside the police department’s 24th Precinct stationhouse in December 2009.

It was the second explosive case that Farrell was allegedly involved in, one of which was brought to light after the vehicle was driven by a Buffalo Police officer to be picked up for a traffic violation, reports the NY Times . The officer was fired with the blessing of the mayor.

Farrell has been charged with two counts of obstruction of justice, one count of conspiracy to defraud the United States, two counts of unlawful destruction of documents, one count of unlawful possession with intent to distribute more than 6 grams of a mixture and substance containing a detectable amount of a controlled substance, three counts of possession of the firearm in furtherance of a drug trafficking offense, and one count of possession of an unregistered firearm, after a search warrant was served on “his residence, the apartment of a friend who was not his girlfriend,” reports the Buffalo News .

He was also indicted as a witness in the case, in which his nephew allegedly allegedly assisted the bomb squad in removing the bomb from his uncle’s vehicle.

In the criminal complaint unsealed by U.S. District Judge Daniel L. Collyer, prosecutors said that when a law enforcement officer first questioned Farrell on Jan. 31, 2011, he made “multiple false statements” about his role in the case and the actions of the bomb squad. He was also charged with four crimes related to firearms possession and distribution.

Farrell, a former supervisor of the 72nd Precinct, was a supervisor of the Bomb Squad assigned to the city’s East Precinct, where the truck allegedly was parked, before he was demoted to a non-supervisory position in March 2009.

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