A lawyer for the family of a Bay Shore man who died in police custody said Suffolk authorities can't be trusted to conduct a fair investigation of his death so federal officials should take over. "We are extremely concerned that this case ... will not be given the proper consideration that it might otherwise receive if police were not involved," Fred Brewington, of Hempstead, wrote in a letter to the U.S. attorney's office in Brooklyn requesting federal involvement. Brewington based his concerns on his experience dealing with Suffolk law enforcement authorities before and after Kenny Lazo, 24, died April 12 after he struggled with police following his arrest on drug charges.

The deaths of David Glowczenski, 35, who died in 2004 after Southampton police used pepper spray and a Taser on him, and John Cox, 39, of Ronkonkoma, who died in 2005 while Suffolk police tried to subdue him and used a Taser, didn't result in the deaths being reviewed by a grand jury, Brewington said. The Glowczenski and Cox cases are evidence that Suffolk District Attorney Thomas Spota's office is unlikely to let a grand jury examine Lazo's death or determine if police acted properly in Lazo's case, Brewington said.

Brewington said he represents the families of both men in wrongful-death lawsuits.

In an interview yesterday, Brewington said he has written twice to Spota's office seeking a grand jury investigation into Lazo's death. He said he has not received a response.

"We write on behalf of the family of this young man to respectfully request that your office enter this case and take on the investigation and prosecution," Brewington stated in the letter, dated May 12 and addressed to Benton J. Campbell, U.S. attorney for the Eastern District of New York.

Robert Nardoza, a spokesman for the U.S. attorney's office, declined to comment yesterday. Bob Clifford, a spokesman for the Suffolk district attorney, couldn't be reached for comment.

Police said they witnessed Lazo selling drugs and later pulled him over on the Southern State Parkway. Lazo allegedly elbowed a detective and tried to run, but police tackled him.

A struggle followed and Lazo attempted to grab an officer's gun, police said. Lazo was eventually handcuffed and taken to the Third Precinct, where he passed out about 30 minutes after arrival and later died.

Lazo had 24 grams of cocaine and $2,400 on him, police said.

The medical examiner has not released a cause of death. Officials with the medical examiner rejected a Newsday request seeking the results of the autopsy.

Brewington would not reveal the results of an independent autopsy.