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Kings
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Office
of Public Information |
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| DECEMBER 2001 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| DA
will seek life without parole for Louis Roque in murder of Wiliamsburg
woman KINGS COUNTY DISTRICT ATTORNEY CHARLES J.HYNES ANNOUNCES ARRESTS AND AN INDICTMENT IN TWO CASES INVOLVING KIDDIE PORN AND SEXUAL EXPLOITATION OF CHILDREN USING THE INTERNET |
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| NOVEMBER 2001 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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KINGS COUNTY DISTRICT ATTORNEY CHARLES J.
HYNES WARNS: BEWARE OF eCROOKS WHEN SHOPPING ON LINE KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES, AND MTA NYCTA PRESIDENT LAWRENCE G. REUTER ANNOUNCE INDICTMENT OF TA EMPLOYEE IN WORKERS COMP RIPOFF THE LEAGUE TREATMENT CENTER COLLECTS AND DONATES 30 CELL PHONES TO HELP BATTERED WOMEN AND SENIOR ABUSE. |
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| OCTOBER 2001 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| BROOKLYN
D.A. / DO I ARREST INDIVIDUAL IN $3,000 WELFARE THEFT DISTRICT ATTORNEY HYNES HONORED AT THIRD ANNUAL COMMUNITY RECOGNITION AWARDS DINNER KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES DECISION REGARDING DEATH PENALTY IN FIRST DEGREE MURDER CASE |
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| SEPTEMBER 2001 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| CAPO
AND SOLDIER IN GENOVESE ORGANIZED CRIME FAMILY AMONG 24 INDIVIDUALS
INDICTED FOR CONSPIRACY AND EXTORTION THIRTEEN GANG MEMBERS INDICTED FOR REIGN OF TERROR IN GOWANUS HOUSES |
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| AUGUST 2001 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES CLOSES
INVESTIGATION OF CHRISTMAS EVE SHOOTING |
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| JUNE 2001 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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CONVICTED
OF MURDER IN FATAL CAR CRASH ON BELT PARKWAY NEWEST IMMIGRANTS IN WORLDS OLDEST PROFESSION |
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| MAY 2001 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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CONVICTED
OF MURDER OF BROOKLYN SOCIAL WORKER STUDENT BROOKLYN MAN INDICTED FOR MURDER OF A COLLEGE STUDENT 2 CHARGED IN CARPET CLEANING SCAM CON MAN EXPLOITS MISSING CHILDREN STATEMENT FROM DISTRICT ATTORNEY CHARLES J. HYNES |
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| APRIL 2001 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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BROOKLYN
MAN SENTENCED FOR SODOMY AND OTHER SEXUAL ATTACKS FORMER U NITED NATIONS SECURITY GUARD FOUND GUILTY OF MURDER GAMBLING GRANDPA |
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| MARCH 2001 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| OFFICE
OF COURT ADMINISTRATION EMPLOYEES ARRESTED PRIVATE COMPANIES CHARGED WITH BRIBING PUBLIC EMPLOYEES AFRICAN-AMERICAN ASSISTANT DISTRICT ATTORNEY PROMOTED TO RIGHTFUL TITLE 74 YEARS LATER |
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| FEBRUARY 2001 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| MAN
SAYS HE WAS REAL KILLER IN 21-YEAR-OLD MURDER CASE SENTENCED FOR SETTING HIS HOME HEALTHCARE AGENCY ON FIRE African-American History Month Celebration |
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| JANUARY 2001 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| BROOKLYN
MAN SENTENCED FOR RAPE OF TWO NIECES BROOKLYN MOTHER INDICTED FOR MURDER OF 15-MONTH-OLD SON Towards a Third Way in Dealing with Domestic Violence DISTRICT ATTORNEY CHARLES J. HYNES AND REV. C. VERNON MASON HONORS GRADUATES OF DRUG TREATMENT ALTERNATIVE-TO-PRISON PROGRAM CITY WELFARE WORKER PLEADS GUILTY IN $17K WELFARE FRAUD IMAN OF MOSQUE SENTENCED OF SEXUAL ABUSE BROOKLYN MAN SENTENCED FOR THREE RAPES BROOKLYN MAN SENTENCED FOR RAPE OF TWO NIECES |
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| DECEMBER 2000 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| SENTENCED
IN VEHICULAR DEATH OF A BROOKLYN MAN GRANDSON OF THE GREAT GILBERT HODGES SENTENCED IN VEHICULAR DEATH OF A BROOKLYN MAN |
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| NOVEMBER 2000 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| MAN
CHARGED WITH GRUESOME TRIPLE HOMICIDE TWO FORMER POLICE OFFICERS SENTENCED |
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| OCTOBER 2000 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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ARRAIGNMENT
ON BROOKLYN TEEN INDICTED IN HORSE STABLE
ARSON |
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| SEPTEMBER 2000 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| CONVICTED
OF MANSLAUGHTER IN SHOOTING DEATH OF TEEN FOURTEEN GANG MEMBERS BUSTED FOR REIGN OF TERROR IN MARLBORO HOUSES TWO SANITATION SUPERVISORS CONVICTED IN DERELICT VEHICLE SCAM GUILTY PLEA ENTERED IN CHURCH STATUE DESECRATION CASE |
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| AUGUST 2000 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| DIRTY
DEEDS REAL ESTATE "VULTURE" ACCUSED OF $1.6 MILLION FRAUD CHARGED IN FULTON MALL SHOOTING CRIMINAL CHARGES AGAINST KEVIN WALKER FOR A $1.6 MILLION REAL ESTATE FRAUD TWO CHARGED IN FATAL STABBING OF AMY WATKINS FIRST DEGREE MURDER CHARGES FILED IN TRIPLE HOMICIDE KEVIN WALKERS VICTIMS (partial list) |
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| JULY 2000 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| MAN
CONVICTED OF ROBBING DOMINOE'S DELIVERYMAN TURN IT IN FOR A BENJAMIN II" PROGRAM IN BROOKLYN HOMICIDE ANALYSIS UPDATE RITE AID STORES, DISTRICT ATTORNEY HYNES, CONGRESSMEN TOWNS REMOVE REALISTIC TOY GUNS FROM BROOKLYN NEIGHBORHOODS |
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| JUNE 2000 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| BROOKLYN
MECHANIC CONVICTED OF SEXUAL ABUSE SENTENCED FOR MANSLAUGHTER IN SHOOTING DEATH OF TEEN CONVICTED OF MANSLAUGHTER IN SHOOTING DEATH OF WOMAN SENTENCED TO 40 YEARS FOR 1,352 COUNTS OF SEXUAL ABUSE SENTENCED TO 2 YEARS FOR ASSAULTING HIS THREE-MONTH-OLD SON BROOKLYN WOMAN INDICTED IN VEHICULAR DEATH OF OFF-DUTY POLICE OFFICER TWO BROTHERS CONVICTED IN ROBBERY OF COSTCO SUPERSTORE |
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| 000 May 16, 2000....Kings County District Attorney Charles J. Hynes announced today the conviction of a Brooklyn mechanic for sexually abusing a nine-year-old girl in a shed behind his garage located at 86 Palmetto street near the corner of Evergreen, Bushwick.
"The defendant betrayed the trust of neighborhood children and
disgraced himself," District Attorney Hynes said. "His crime
warrants the maximum penalty to protect other children from attack."
Jose Perez, 50, of 65 Palmetto Street, Bushwick was found guilty of
Sexual Abuse in the Second Degree, a class A misdemeanor punishable by
$1000 fine or up to one year in jail.
The jury of six men and six women deliberated seven hours after a
six-day trial in Supreme Court, Kings County before returning the guilty
verdict.
The jury found that Perez forcefully pushed the little girl into
the shed behind his garage. Once
inside the shed he sexually abused her.
Based on Perez' record it is clear that he is a sexual predator who
preys upon young children. He has two prior sex offense convictions, one
of which is a felony. Perez is out on bail pending sentence on
June, 14, 2000. Justice Matthew D'Emic is presiding over the case. The case is being prosecuted by Assistant District Attorney Michael Choi and Deputy Bureau Chief Peter Guadagnino, Crimes Against Children Bureau. |
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| 001 April 14, 1999....Kings County District Attorney Charles J. Hynes announced today the sentencing of a Brooklyn man for the shooting death of a 14 year-old girl.
Donald Coley, 42, of 1145 Lenox Road, East Flatbush, was sentenced
today in Supreme Court, Kings County to serve a prison term of six to 12
years.
"The victim in this case was killed by an illegal
handgun," District Attorney Hynes said. "This substantial prison
term is just punishment for this terrible crime and does justice to the
memory of Selena Slade."
Coley was convicted on March 2, 1999, after a one-week trial of the following charges: Manslaughter in the First Degree;
Criminal Possession of a Weapon in the Second Degree and Reckless
Endangerment in the First Degree.
The most serious charge, Manslaughter in the Second Degree, is a
Class B felony punishable by a maximum prison term of 12 1/2
to 25 years and by additional prison time for a repeat offender.
The jury of six men and six women deliberated eight hours over one
day and found that Coley on June 7, 1998, caused the death of Selena
Slade, 14, by shooting her with a handgun.
The incident took place on June 7, 1998, at 1145 Lenox Road, East
Flatbush.
Coley was sentenced by Justice Michael Juviler, who presided over
the case. The case was prosecuted by Senior Assistant District Attorney Robert Reuland, Trial Bureau I. |
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| 002 May 24, 2000....Kings County District Attorney Charles J. Hynes announced today the conviction of a Brooklyn man of manslaughter and other charges involving the 20 year old murder death of a Brooklyn woman.
"The victim in this case was killed by an illegal
handgun," District Attorney Hynes said. "I will strongly
recommend imposition of the maximum penalty."
The jury of *** women and *** men deliberated ****** hours over ***
day before returning the guilty verdict late last night in Supreme Court,
Kings County following a **one and one-half week trial.
The defendant, David Galetti, 46, ******, East Flatbush, was found
guilty of the following charges: Manslaughter in the Second Degree and
Criminal Possession of a Weapon in the Fourth Degree.
The most serious charge, Manslaughter in the Second Degree is a Class C felony punishable by a maximum prison term of seven and
one-half to fifteen years.
The jury found that Galetti recklessly caused the death of
Leutisher Johnson, 52, and injuring three others by spraying gunfire on a
Brooklyn street.
The jury also found that Galetti recklessly endangered Shavon
Sykes, 19, and Donna Miller, 19, who were seated next to the victim at the
time of the shooting.
The incident took place on May 10, 1976 on 326 Eldert Street,
Bushwick. Galetti will be sentenced on *********, by Justice
Michael Juviler who is presiding over the case. The case is being prosecuted by Senior Assistant District Attorney Stanley Irvin, Homicide and Maria Park, Trial Bureau . |
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| 003 September 24, 1999....Kings County District Attorney Charles J. Hynes announced today the sentencing of a man for raping, sodomizing and sexually abusing his eight-year-old stepdaughter repeatedly over a three-year period.
"This defendant betrayed the loving trust of his stepdaughter
and disgraced himself," District Attorney Hynes said. "His
actions deserve this severe punishment."
Jesus Cardona, 32, of New Jersey, was found guilty of over 1300
counts in the indictment including: Rape in the First Degree; Sodomy in
the First Degree; Sexual Abuse in the First Degree; Course of Sexual
Conduct Against a Child in the First Degree and Endangering the Welfare of
a Child.
The most serious charges, Rape in the First Degree and Sodomy in
the First Degree are Class B felonies punishable by a maximum prison term
of 25 years for a second violent felony offender.
Cardona was sentenced to a prison term of 40 years on September 23,
1999.
Cardona has previously been convicted of Endangering the Welfare of
a Child, in a case related to the abuse of his niece.
The guilty verdict was returned June 28, 1999 in Supreme Court,
Kings County by Justice Lewis Douglass who presided over a one-week
non-jury trial.
The incidents occured on and between September 1996 and November
1998.
The case was prosecuted by Assistant District Attorney Joanne
Grippo, Special Counsel to the Crimes Against Children Bureau. |
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| 004 June 15, 2000....Kings County District Attorney Charles J. Hynes announced today the sentencing of a man for the heinous assault of his three-month-old son.
"The victim in this case was an innocent and helpless
3-month-old who was terrorized and brutalized by his father, the
defendant," District Attorney Hynes said.
At the sentencing, ADA Gail Ostriker described the injuries
sustained by the infant as multiple bruises to the forehead, ear, cheek,
chin, abdomen and groin, in addition to three fractured ribs and two
fractured legs.
Kurt Cipriania, 30, of 1024 Montgomery Street, Crown Heights, was
found guilty of three counts of Assault in the Second Degree, a class
D-violent felony, punishable by a maximum prison term of seven years. He was also found guilty of one count of Endangering the
Welfare of a Child.
Cipriania was sentenced today to a prison term of 2 years by
Justice D'Emic who presided over the trial.
The guilty verdict was rendered on June 15, 2000 in Supreme Court,
Kings County, by Justice Matthew D'Emic who presided over the
non-jury trial.
The incident took place in the early morning hours of January 24,
1999, inside the defendant's apartment at 1024 Montgomery Street, Crown
Heights. |
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| 005 May 15, 2000....Kings County District Attorney Charles J. Hynes announced today the filing of an indictment charging a Brooklyn woman in the vehicular death of off-duty police officer, Patricia Rosado.
"This is a sad and tragic case in which a highly regarded
rookie police officer's life has been lost," District Attorney Hynes
said. "The charges will be prosecuted swiftly and fairly."
A 6-count indictment filed today in Supreme Court, Kings County names Vivian Malloy, 42, of 360 Dumont Avenue.
The indictment accuses Malloy of the following charges:
Manslaughter in the Second Degree; Vehicle Manslaughter; Criminally
Negligent Homicide; Operating a Motor Vehicle While Under the Influence of
Alcohol (2 counts) and Operating a Motor Vehicle While Impaired by the use
of Drugs.
The most serious charge, Manslaughter in the Second Degree is a
Class C-felony punishable by a maximum prison term of 15 years in jail.
The press and the public are advised that this indictment is not
evidence of guilt. It is the accusatory instrument by which these criminal
proceedings are commenced.
The indictment charges that Malloy was driving under the influence
of alcohol and drugs in excess of the speed limit, passed a red signal and
struck the car driven by Officer Rosado causing her death.
The incident took place on April 9, 2000 at about 2:15 a.m at the
intersection of Rockaway and Newport street.
The case is being prosecuted by Bureau Chief Laura Neubauer, Trial
Bureau V.
A copy of the indictment is available. |
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| 006 June 2, 2000....Kings County District Attorney Charles J. Hynes announced today the conviction of two brothers of robbery and other charges involving the robbing of a Costco superstore.
The jury of six women and six men deliberated four hours over one
day before returning the guilty verdict in Supreme Court, Kings County
following a three and one-half week trial.
The defendants, Michael and Anthony Paccione, of Levitown, Long
Island were found guilty of the following charges: Robbery in the First
Degree; Robbery in the Second Degree (2 counts); Grand Larceny in the
Second Degree; Tampering with Physical Evidence; Criminal Possession of a
Weapon in the Fourth Degree; Burglary in the Second Degree and Criminal
Mischief in the Fourth Degree.
The most serious charge, Robbery in the First Degree is a Class B felony punishable by a maximum prison term of twelve and
one-half to twenty five years.
The jury found that on December 15, 1996 at about 9:15 p.m, the
Paccione brothers entered Costco Superstore through the service entrance
posing as electrical foremen. They
went to the manager's office and at gunpoint ordered the manager and vault
clerk to the floor, bound them with duct tape and plastic ties and emptied
the safe of more than $165,000.
They then fled the store through the 2nd Avenue side.
Anthony and Michael Paccione will be sentenced on July 6, 2000, by
Justice Cheryl Chambers who is presiding over the case. |
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| 007 July, 12, 2000 . . . . Kings County District Attorney Charles J.Hynes announced today the conviction of a Brooklyn man of robbery, assault and other charges involving the robbery of a Dominoe's pizza deliveryman.
Today, David Trumpet, 15, 58 East 58th Stret, was found guilty of
the following charges:
The most serious charge, Robbery in the First Degree is a Class
B-felony punishable by a maximum prison term of.
"The victim in this case," District Attorney Hynes said.
"This crime warrants the maximum punishment."
The jury of men and
women deliberated hours
over days after a
trial in Supreme Court, Kings County before returning the guilty
verdict.
The jury found that Trumpet
The incident occurred on May 1, 1999 at approximately 6:30 p.m
inside of Trumpet's home.
Trumpet will be sentenced on,by Justice Starkey
who is presiding over the case. |
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| 008 July 10, 2000 . Kings County District Attorney Charles J. Hynes and New York City Police Commissioner Howard Safir today launched the Turn it in for a Benjamin initiative at the Departments indoor range at Coney Island. The joint program, which will run through June 30, 1999 in Brooklyn, is a cash for guns - amnesty now or mandatory prison later initiative. The program will allow people to surrender their operable guns into any Brooklyn Precinct with no questions asked. In return, they will receive a $100 voucher redeemable at the Brooklyn District Attorneys Office.
Turn it in for a Benjamin, funded by the Brooklyn District Attorneys Office, is expected to
surpass the successful cash for guns initiative in November, 1991. That
joint operation collected 702 guns in a four week period in Brooklyn.
""Even though homicides are down in Brooklyn, the
percentage of homicides by guns has increased since last year, said
Brooklyn District Attorney Charles J. Hynes. "In order to reduce the
number of homicides by gun we continue, in our joint efforts with the NYPD,
to focus our efforts towards, once again, reducing the number of guns in
Brooklyn. Our success with the Cash for Guns program in
1999 shows that it can help reduce the number of murders in our
borough," Hynes continued. "Weve done it before and well
do it again."
It is really very simple - turn in your gun and receive $100,"
said Police Commissioner Howard Safir. "It does not get any easier
than that and it will help make Brooklyn a safer place for all of us. This
is the time for people to get rid of any guns that they might have at
home, but did not know how to dispose of them or were afraid to bring them
to the police. I hope everyone will take advantage of this opportunity to
get rid of dangerous guns, and get a bonus for them."
Starting today, anyone can turn in a working handgun, sawed-off
shotgun or assault weapon into any Brooklyn Precinct, Police Service Area,
or Transit District, 24 hours a day. Until July 31st, there
will be no questions asked nor will the anyone be required to identify
themselves. People turning in a weapon will be required to wrap it in
brown paper and secure it with tape or string. Under this amnesty program,
anyone surrendering a gun at a Brooklyn police facility will not be
arrested for possession of a weapon. |
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| 009
November 15, 2000..... Kings County District Attorney Charles J. Hynes
announced today the filing of a criminal complaint accusing a Brooklyn man
of murder in the stabbing deaths of his girlfriend, their infant daughter
and her 2-year-old son. A Criminal Complaint filed today in Criminal Court, Kings County names Zabdiel Yara, 21, of 164 Atkins Avenue, East New York.
Yara is accused of the following charges: Murder in the First
Degree; Murder in the Second Degree (six counts); Arson in the Third
Degree.
The most serious charge, Murder in the First Degree, is a
Class A1 felony punishable by a maximum prison term of possible
death penalty or life imprisonment.
The press and public are advised that this criminal complaint is
not evidence of guilt. It is the accusatory instrument by which these
criminal proceedings are commenced.
The criminal complaint charges that Yara stabbed and slashed the
throats of Erica Alvarez, 19, and her two children Damaurys ,2, and
Yafresys, 7 months. He then
bound and torched their bodies.
The criminal complaint alleges that the incident took place at 164
Atkins Avenue, East New York on January 13, 2000.
Zaya was arraigned in Criminal Court, Kings County before Judge Joseph McKay, who ordered him to be remanded and a set a return date of December 14, 2000.
The case is being prosecuted by Senior Assistant District Attorney
Tim Gough and Mitch Benson,
Bureau Chief of Homicide Bureau. A copy
of the criminal complaint is available. |
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| 010 Homicides in Brooklyn during the first six months of 2000 have decreased over 13%, from 145 murders in 1999 to 126 this year. One year ago in July 1999 when
there had been 27% increase in homicides during the first six months of
1999 compared to 1998, I directed a group of senior prosecutors in the
Kings County District Attorneys Office to examine the reasons why there
had been a surge of homicides in Brooklyn. These
attorneys, who have worked on homicide, domestic violence, and
gang-related cases for ten years or more, joined with a number of
professors from John Jay College of Criminal Justice and members of the
New York City Police Department in order to examine the facts and
circumstances of Brooklyn murders. My goal was twofold: to determine
whether there was a pattern or other explanation for the increase in fatal
violence and to develop strategies and programs to reduce the number of
murders. In the early part of this year, I
released a comprehensive report, entitled An Analysis of Brooklyn
Homicides in 1999: Strategies for Saving Lives.
While this report found that there was no single reason for the
increase of homicides in 1999, which leveled off to a 12.2% increase by
the end of the year, two major themes emerged -- a
disproportionate number of young men were involved in homicides both as
victims and defendants and too many guns were available to those who
engaged in murderous acts. This update of the 1999 report is
our continuing attempt to understand the nature and causes of homicides,
to evaluate steps taken to reduce the number of homicides in Brooklyn, and
to suggest additional measures that will lower the homicide rate in
Brooklyn. Once again, I want to thank Gerald
W. Lynch, President of John
Jay College of Criminal Justice, for his cooperation in making available a
number of professors, expert in the field of law enforcement, to work with
staff in conducting this analysis. The
New York City Police Department, which has collected vast amounts of
information about criminal activity through their innovative COMSTAT
program, has generously provided relevant data, which has been
incorporated into this report. For
that, I sincerely thank New York City Police Commissioner Howard Safir. Charles
J. Hynes SUMMARY
OF FINDINGS
1/ THERE HAS BEEN A SIGNIFICANT REDUCTION IN
BROOKLYN HOMICIDES IN THE FIRST SIX MONTHS OF THE YEAR 2000. Homicides in Brooklyn during the
first six months of this year have decreased by almost 14%, from 145 in
1999 to 126 (Figure 1, attached). 2/ GUNS PLAYED A SIGNIFICANT ROLE IN BROOKLYN
HOMICIDES. This year guns were used to commit
90 of the 126 murders, which represents 71.4% of all Brooklyn homicides.
Last year, there were three more gun homicides at mid-year, but the
percentage of gun homicides at that time was only 64%. 3/ HOMICIDE DEFENDANTS AND VICTIMS ARE MOSTLY YOUNG
MEN. Fifty-six percent of the 62 known
homicide defendants were 21 or younger at the time they are alleged to
have committed murder; one third were teenagers (Figure 2, attached).
More than 96% of the defendants are males; only two women have been
charged with murder this year. Twenty-five
percent of the homicide victims were below 20 years of age and 33% were
between the ages of 21 and 30. Almost
82% percent of the murder victims were males. 4/ MOST HOMICIDE DEFENDANTS ARE UNEMPLOYED AND
UNDER-EDUCATED. Two thirds of the homicide defendants are unemployed and
almost 55% did not complete high school. 5/ MOST HOMICIDE DEFENDANTS ARE NEITHER ON PAROLE
OR PROBATION. Only 5 of the 62 homicide
defendants were on probation at the time they were accused of committing
murder and only three were on parole, representing approximately 13% of
all homicide defendants. 6/ DISPUTES BETWEEN INDIVIDUALS ARE THE CAUSE OF
MOST MURDERS. Disputes between individuals
account for the largest percentage of murders, 34.9%. Murders committed during other felonious crimes, such as
robberies and burglaries, the next largest percentage account for 14.3%.
The reasons for almost 22% of the homicides are unknown at this
time (Figure 3, attached). 7/ GANG RELATED OR DRUG RELATED HOMICIDES REPRESENT
ONLY A SMALL PERCENT OF BROOKLYN HOMICIDES. Only 2.4% of this years homicides
have been traced to gang violence; 8.7% of the homicides are drug related.
8/ DOMESTIC VIOLENCE HOMICIDES HAVE DECLINED. Only
11, or 8.7% of the total number of homicides this year, grew out of
domestic violence incidents. At
mid-year in 1999, there were a total of 17 domestic violence homicides. The percentage of Brooklyns gun
homicides, approximately 72%, this year represents a significant increase
over 1999s mid-years percentage of 64%.
But this percentage increase should be viewed in the context that
the total number of homicides by gun this year to date (90) is three less
than the number (93) at mid-year in 1999. Last year a number of law
enforcement strategies to reduce the numbers of guns in Brooklyn were
implemented at mid-year to reduce the number of guns available for use and
gun homicides. One such
strategy implemented by the Kings County District Attorneys Office and
the New York City Police Department in mid-June of 1999 -- a
cash-for-guns amnesty program, called Turn It In For A Benjamin,
resulted in the voluntary surrender to police of 659 working handguns,
sawed-off shotguns and assault weapons. The second phase of this anti-gun
initiative was implemented immediately after the gun-surrender amnesty
period ended. During this
phase, which is still in operation, anyone in Kings County caught with an
illegal weapon is indicted. High
bail is requested at arraignment. There
is no plea bargaining. Defendants
must plead guilty to the top count of the indictment.
A significant term of incarceration is recommended for all
convicted defendants. From the start of the program on
July 12, 1999 through June 14, 2000, 386 defendants have been
indicted, an increase of 75% over a comparable period prior to the start
of the program, when 220 individuals were indicted.
Of these 386 indictments, 184 cases have been resolved by plea or
trial and in 116 of these resolved cases the defendants have been
sentenced. The 21 cases which have been tried
represents an 83% increase in the number of trials when compared to a
comparable period before the start of the anti-gun initiative.
All 21 trials have resulted in convictions.
Sentences have yet to be imposed in 14 of the 21 trial convictions;
sentences have been imposed in the other seven trial convictions -- three
defendants were sentenced to jail or prison plus probation, two defendants
were sentenced to programs and probation, one to straight probation and
one to a conditional discharge. In
each of these convictions the Peoples recommendation for sentence was a
minimum of six months plus four and a half years probation; in four of the
seven cases the Peoples recommendation was one year or more. Fifty-seven cases have been
resolved by plea to the top count and the imposition of a significant
sentence of incarceration acceptable to the District Attorneys Office.
In these cases, 91% of the defendants were sentenced to jail or
prison plus probation; 66% received sentences of four months or more plus
probation; more than 40% were sentenced to a year or more in prison.
For those receiving jail sentences of four months or less, the
People agreed to those sentences because of the fact that the defendant
was young and/or this was the defendants first significant contact with
the criminal justice system. In such cases a reduced sentence is warranted and probation
supervision insures a monitoring of their activities upon release.
In 52 other cases the defendant
pled guilty to the indictment and received a sentence over the Peoples
objection. In these cases,
only 51% of the defendants were sentenced to jail or prison plus
probation; 27% received sentences of four months or more plus probation;
19% were sentenced to a year or more in prison.
The disparity in sentences in cases where there were pleas over the
Peoples objection and those cases where the People approved of the
sentences points to the need for the People to have the option to appeal
judicial sentences. While
this right exists in the federal forum, it does not exist in New York
State. In the area of gun
crimes, the right to appeal sentences would enable prosecutors to extract
more significant sentences of incarceration. From the initiation of this
anti-gun initiative in mid-July of 1999, the number of homicides[1]
decreased significantly for the remainder of the year.
There were 15 fewer homicides during this five month period in 1999
than there had been in 1998. The number of murders caused by gun[2]
from the inception of the gun-buy back program to the end of the year also
fell. There were 5 fewer
murders by gun during the six-month period following the implementation of
the anti-gun strategies compared to the previous year (Figure 4,
attached). Another strategy that the District
Attorneys Office has developed to reduce gun violence is a cooperative
effort with the United States Attorney for the Eastern District of New
York to bring more gun cases in federal court.
The benefits of federal prosecution are the speed with which the
cases can be brought to trial, the evidentiary rules and the enhanced
federal penalties. To
date, 26 gun cases have been referred to the Eastern District for
prosecution. While it is clear that the anti-gun
strategies begun last year have had some impact on both the murder rate
and the rate of homicide by gun more has to be done.
Consequently, with the cooperation of the New York City Police
Department, the Kings County District Attorneys Office has
re-instituted the gun-buy back program, effective July 1st until
August 1, 2000. This
cash for guns provides a $100 reward to anyone who surrenders a
working handgun, sawed-off shotgun or assault weapon.
No questions will be asked by police, who are prepared to receive
the guns anytime, day or night, at any police precinct, police service
area or transit district in Brooklyn. The goal of the program is to take
guns out of the hands of those who may use them violently and reduce
opportunities for a friends, acquaintances and neighbors, who lose their
tempers during a dispute, to resolve arguments with guns.
In addition, the program may decrease opportunities for children,
who find a gun in their homes, to accidentally hurt or kill themselves or
a family member. SHOOTING INCIDENTS AND GUN
ARRESTS
There has been a 5.9% increase in
shooting incidents[3]
in Brooklyn during the first six months of 2000.
Given that there has also been an increase in the percentage of gun
homicides during the same period, this is a cause for concern.
While many precincts[4]
within the borough have seen significant decreases in the number of
shootings this year, in other precincts[5]
there has been a significant increase. In those neighborhoods where there
has been an increase in the number of shooting incidents it is essential
that both investigative and prosecutorial resources be maximized to take
the guns out of the hands of those who would use them illegally.
During the next half-year, special efforts will be made to develop
gun trafficking cases in those areas.
In addition, special attention will be paid to all arrests made for
gun possession in those areas.
The total number of gun arrests made in Brooklyn during the first
half of the year 2000 are down by 15.
This 2.6% decrease does not appear to be significant.
However, as part of the gun buy-back program, the Kings County
District Attorneys Office and the New York City Police Department, in
conjunction with Crime Stoppers -- sponsored by the
New York City Police Department -- has distributed
over 50,000 pieces of literature detailing the Gunbusters Anonymous
program. This program offers
rewards of up to $2,000 for information leading to arrests involving
illegal guns. Those
neighborhoods where there has been an increase in shootings will be
saturated with additional copies of this literature. In addition, in order to enlist the support of the community in the District Attorneys anti-gun initiatives, fliers advertising the gun buy-back program and the tough prosecution policy for gun possession cases have been distributed at more than 70 churches (and mailed to almost 400 other places of worship) and at street fairs, shopping centers and other places where Brooklynites gather. HOMICIDES AND YOUNG MEN
The fact that a large percentage of
Brooklyn homicide victims and defendants are young men should come as no
surprise. Nationally, 18 to
24 year olds rank highest in rates of murders per 100,000 as both homicide
victims and homicide offenders. Since young men seem to be at
greater risk for violence and homicides than any other segment of the
population, the Kings County District Attorneys Office initiated a
program in late October 1999 modeled on the nationally recognized
Boston Plan, which reduced firearm homicides among those 24 years of
age and under by 64% in 1996-97, and prevented any juvenile from being
killed with a firearm during an eighteen month period from July 1995
through 1996. The new strategy, called COM ALERT
(Community And Law Enforcement Resources, Together) uses prevention,
intervention and enforcement strategies to reduce violence.
It has been implemented in two Brooklyn neighborhoods which have
been identified as emerging centers of violence through analysis of law
enforcement data, community complaints and concerns, and other sources.
This program is a cooperative
effort among members of the community concerned with youth violence and a
multitude of law enforcement agencies, including: the Kings County
District Attorneys Office, the United States Attorney for the Eastern
District of New York, the Mayors Criminal Justice Coordinator, the New
York City Corporation Counsel, the New York City Police Department, the
Department of Correction, the Department of Probation, the New York City
Housing Authority and the New York State Division of Parole.
Community participation includes
city, state and federal, elected representatives, members of community
boards and precinct councils, religious leaders, community-based not-for
profit organizations, school and parent groups and others active in their
neighborhoods. A critical component of the program
is the development of increased opportunities for educational, career
training, jobs and recreational services for those who want to walk away
from a life of violence on the streets.
COM ALERT is currently operating in
two Brooklyn neighborhoods encompassing three precincts (the 81, 77 and
67). Since the start of the
program in the designated area of the 81/77 precincts on October 26, 1999
through May 31, 2000, there has been a 42% reduction in assaults and
shooting incidents have been reduced by 75% compared to the seven month
period before COM Alert. There
have been similar positive results in the 67 precinct. As a result of the two
knock-it-off meetings in the two neighborhoods selected for COM
ALERT, more than 290 individuals have requested services that include drug
rehabilitation, job training and placement and educational services. DOMESTIC VIOLENCE HOMICIDES
The number of domestic violence
homicides have decreased significantly in the year 2000 compared to 1999.
This year to date there have been 11 domestic violence homicides;
last year at this time there were 17. During 1999 when the number of
domestic violence murders began to climb, efforts to expand the programs
created by District Attorney Hynes to protect victims of domestic violence
were increased. By expanding
programs such as the AWARE (Abused Womens Active Response Emergency)
program, which provides victims of domestic violence with electronic
pendants that will immediately alert the police of impending danger,
serious assaults against participants in the program were reduced because
the abusers know that the participants can quickly summon the police.
Approximately 63 domestic violence victims now possess AWARE
pendants, a 15% increase over last year. Cell phones, donated by Bell
Atlantic, AT&T Wireless and private citizens, also provided victims of
domestic violence with a means to make immediate, emergency 911 calls if
they are threatened. Currently
245 cell phones have been distributed and thanks to generous donations -- approximately
140 during the first six months of this year -- from
private citizens the Kings County district Attorneys Office has more to
distribute. A new program called Juris Monitor, developed in cooperation with the Department of Probation, the Mayors Office and a private corporation, required defendants on probation to wear ankle bracelets which set off an alarm if the defendant gets too close to the residence of the victim. CONCLUSION
The significant reduction in the
number of homicides in Brooklyn this year to date is encouraging.
A great deal of work by police, prosecutors, and the community
appear to have resulted in a safer Brooklyn.
But it is clear that our work is not complete. The number of guns available for
use in violent acts must be reduced.
Something must be done to change the lives of the unemployed,
under-educated young men who are largely responsible for the use of guns
to commit murder. Law enforcement solutions, alone, are not the solution. But cooperative programs by law enforcement, social service agencies and the community, such as COM ALERT, seem to provide hope for the future. It remains to be seen if, by the end of this year, these programs can be credited with a continuing reduction in homicides. District Attorney Hynes is confident that they will. [1] There were 15 murders in August 1999, the same as in August 1998, which was lowest number of murders for the month of August during the decade; 24 murders in September 1999, one more than in September 1998; 24 in October 1999, the same number as October 1998; 15 in November 1999, which was 6 fewer than in November 1998; and 18 in December 1999, which was 8 fewer than December 1998. [2] There were 15 gun homicides in July 1999 compared to 17 in July 1998, 11 in August 1999 compared to 9 in August 1998. The number of gun homicides fell dramatically in September 1999 to 11 from 17 in September 1998. However in October 1999, there was a significant increase (8 more) in the number of gun homicides compared to October 1998. But that increase was offset by successive decreases in gun homicides in November (3 less) and December (4 less) of 1999 compared to November and December of 1998. [3]
As of June 25, 2000, shooting incidents in Brooklyn were up by 5.9%
compared to 1999. This is
an increase from 375 shooting incident in 1999 to 397 in 2000.
[4]
Through 6/25/00, the number of shooting incidents in 63 Precinct has
fallen from 10 to 4 (-60%), in the 67 Precinct from 49 to 32 (-34.6%)
and in the 81 Precinct from 20 to 14 (-30%).
[5]
Through 6/25/00, the number of shooting incidents has increased
significantly in the 73 Precinct -- from 38 to
58 (+52.6%), in the 71 Precinct -- from 16 to 21
(+31.2%), and in the 79 Precinct -- from
36 to 46 (+27.7%). |
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| 011 June 24, 2000 . Kings County District Attorney Charles J. Hynes and Congressman Edolphus Towns announced today that the RITE AID STORES have joined the battle against toy guns that do not meet the New York City Code, written to prevent such toys from appearing realistic.
I want to salute the RITE
AID CORPORATION for being a good corporate neighbor, District
Attorney Hynes said.
In early April of this year, as the result of a rash of shootings
and murders in Brooklyn that involved toy guns that were modified to
resemble working weapons, District Attorney Hynes and the New York City
Department of Consumer Affairs targeted stores that were selling toy guns
that were very similar to, and easily mistaken for, the real thing.
This initiative led to the confiscation of over 1,000 toy guns from
retail stores in Brooklyn. Additionally, more than $30,000 in fines has
been collected. Its so critical that parents,
children and merchants understand that people are losing their lives for a
$.99 toy that should not even be found in a store here in New York
City, Towns said. Theres just no need for them. Bring them to our
trade-in and get rid of them! Representative Towns has been sponsoring
a Toy Gun Trade-In at local public schools where children may
exchange their toy guns for educational toys.
As a result of this initiative over 30 store owners and managers
received criminal summonses for violating the State and City
Administrative Code. In order
to resolve these criminal charges each store paid a fine (average of
$1,500.00 per store) and signed an Assurance of Discontinuance for selling
these types of items.
We support
and applaud District Attorney Hynes efforts, said Elliot S. Gerson,
Rite Aid senior executive vice president and general counsel. We continue to work closely with all of our stores in New
York City to insure that only toy guns that meet the New York City Code
are available for sale.
The New York City Administrative code 10-131 section G states: It shall be unlawful for any person to sell or offer for
sale, possess or use or attempt to use or give away, any toy or imitation
pistol or revolver which substantially duplicates an actual pistol or
revolver unless said imitation or toy pistol or revolver shall be colored
in colors other than black, blue silver or aluminum ands further provided
that the barrel of said toy or imitation pistol or revolver shall be
closed with the same material of which the toy or imitation pistol or
revolver is made for a distance of not less than one-half inch from the
front end of said barrel. INVESTIGATION
On 4/6/00 the Kings County District
Attorney Squad detectives and KCDA detective investigators:
134 locations visited On 4/7/00 Kings County District
Attorney Squad detectives and KCDA detective investigators:
152 locations visited Total program to date:
286 locations visited |
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| 012
DIRTY
DEEDS REAL ESTATE "VULTURE" ACCUSED OF $1.6 MILLION FRAUD
August 28, 2000....Kings County District Attorney Charles J. Hynes
announced today the filing of a criminal complaint charging Kevin Walker
with the theft of eleven Brooklyn properties by filing false deeds to the
properties and then using the properties to secure mortgage loans worth
over $900,000 and selling some of the properties for over $700,000.
Kevin Walker, 35, of 311 Lakeland Avenue, Sayville, New York was
arrested and arraigned on Thursday, August 24, 2000.
The criminal complaint alleges that the defendant during a two-year
period from April 1996 through April 1998, falsely filed with the Office
of the City Register in the Department of Finance, eleven deeds to
properties that he did not own. The legitimate owners of five of these
properties were deceased at the time of the alleged transfer. The owners
of six of the remaining properties were alive, but did not transfer
ownership and were unaware that the properties were no longer in their
names.
The complaint also charges that Mr. Walker used 10 of these
properties to secure mortgages and actually sold 5 of the properties. The
mortgage loans are estimated to be worth more than $900,000 and the sales
netted over $700,000.
"This complaint reflects an emerging serious problem in the
real estate industry: the fraudulent transfer of real property by
unscrupulous individuals for illegal profit," District Attorney Hynes
said. "The victims of this scam are the heirs of the legitimate
owners who were deceased at the time of the alleged transfer; the owners
of the properties who were alive at the time of the transfer but were
unaware of the transfers; the private mortgage companies who lent money to
the defendant; and those individuals who bought homes from him."
The defendant was charged with 23 counts of Grand Larceny in the
Second Degree, a Class C felony, punishable by a maximum sentence of five
to fifteen years in prison, as well as multiple counts of Criminal
Possession of Forged Instrument in the Second Degree, a Class D felony,
punishable by a maximum sentence of two and a third to seven years in
prison, and multiple counts of Offering a False Instrument for Filing in
the Second Degree, a Class A misdemeanor, punishable by up to one year in
jail.
This information lead to an extensive investigation into the real
estate dealings of Kevin Walker, which resulted in his arrest this past
Thursday.
The press and the public are advised that this complaint is not
evidence of guilt. It is the accusatory instrument by which these criminal
proceedings are commenced.
Mr. Walker's fraud was simple, yet extremely effective. First he
identified Brooklyn properties that seemed to be unoccupied and then he
recorded forged deeds that showed he was the owner of the properties. Once
he had done that he used the properties to secure mortgage loans for
private mortgage lenders.
For example, in June 1996, he used the Nordland property and 2
others - 3415 Avenue D and 2739 Bedford Avenue - to secure a $100,000
mortgage from Acgilino and Wishnick, a private mortgage company. In
August 1996, he used one of the these three properties, located at 3415
Avenue D to secure an additional mortgage loan of $124,617 and in January
1997 he used another of these three properties, located at 2739 Bedford
Avenue to secure a $208,000 mortgage.
The 2739 Bedford Ave. property was allegedly transferred to Mr.
Walker by a deed dated March 5, 1996 and allegedly signed by William
Greenberg. However, Mr. Greenberg died on December 1, 1991. Not only was
this property was mortgaged twice, it was eventually sold in September
1999 for $395,000.
"While most of us believe that it is not possible to get
something for nothing, Mr. Walker is accused of doing just that, said
District Attorney Hynes. "With nothing more than a few pieces of
paper - forged deeds - which Mr. Walker is alleged to have filed with the
City Register, he in fact turned nothing into a $1.6 million profit."
The complaint alleges that the eleven Brooklyn properties that the
defendant stole were located throughout Brooklyn and are located at:
1 - 3517 Snyder
Avenue
2 - 3415 Avenue D
3 - 2739 Bedford
Avenue
4 - 2071 Haring
Street
5 - 187 Lafayette
Avenue
6 - 121 Albany
Avenue
7 - 687 E. 91st
Street
8 - 466 Franklin
Avenue
9 -
288 Gates Avenue
10 -
273 Greene Avenue
11 -
20 Lefferts Place
At his arraignment before Judge Danny K. Chun on August 24th,
bail was set at $100,000. The next court date is scheduled for August 29th
in AP 1.
The investigation was conducted by the Rackets Division's
Supervising Financial Investigator Roy Weinstein and Detective Clyde
Simpson, of the Kings County District Attorney's Squad, under the
supervision of Captain Marilyn F. Scahill.
The case is being prosecuted by Senior Assistant District Attorney
Ellen Burach-Zion and Rackets Division Counsel Jeffrey Ferguson under the
supervision of Jay Shapiro, Chief of the Rackets Division.
A copy of the complaint is available. |
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| 013 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 014 June 22, 1998....Kings County District Attorney Charles J. Hynes announced today the filing of a criminal complaint accusing a Brooklyn man of attempted murder and other charges involving the shooting last month of several persons at the Fulton Mall.
A multiple-count Criminal Court, Kings County complaint names Raul
Andino, 21, of 117 North Oxford Walk, Fort Greene.
"These are serious charges which accuse the defendant of
attempting to cause the death of several persons at a shopping mall,"
District Attorney Hynes said. "These charges will be prosecuted
swiftly and fairly to the full extent of the law."
Andino is accused of the following charges: Attempted Murder in the
Second Degree (six counts); Attempted Assault in the First Degree (six
counts); Assault in the Second Degree (two counts); Reckless Endangerment
in the First Degree; Criminal Possession of a Weapon in the Second Degree
and Criminal Possession of a Weapon in the Third Degree.
At the time of the incident, Andino was on probation for a 1996
felony conviction in Kings County for Attempted Criminal Sale of a
Controlled Substance in the Third Degree.
The most serious charge, Attempted Murder in the Second Degree, is
a Class B felony punishable by a maximum prison term of 12 1/2 to 25 years
for a first time felony offender and 25 years for a repeat felony
offender.
The press and public are advised that this criminal complaint is
not evidence of guilt. It is the accusatory instrument by which these
criminal proceedings are commenced.
The criminal complaint charges that Andino, on May 18, 1998, while
acting in concert with another person not apprehended, fired numerous
shots at several persons, striking them and causing injury.
The incident occurred about 7:00 p.m. in front of 520 Fulton
Street, downtown Brooklyn.
Andino was arraigned before Judge Alex Calabrese who ordered him
held without bail and set a return date of June 26, 1998.
The case is being prosecuted by Assistant District Attorney Gail
Ostriker, Supervising Counsel, Special Prosecutions Bureau. |
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| 015 Today I am announcing the arrest and arraignment of Kevin Walker, a year old resident of for his involvement in a real estate fraud that netted him $1.6 million dollars. The criminal complaint charges that Mr. Walker stole eleven Brooklyn properties by fraudulently transferring ownership of those properties to himself. He then used those properties to secure mortgages worth over $900,000 and sold five of the properties for approximately $700,000. His victims were the heirs of deceased owners and living owners, private mortgage companies and those individuals who ultimately bought some of the properties for which he did not have a valid title.
This investigation began in March 1998 when an attorney
representing the daughter of John Philip and Emily Nordland, the rightful
heir of a building and real property located at 3517 Snyder Avenue in the
Flatbush section of Brooklyn, discovered that the deed to the property
belonging to the Nordlands had been transferred to Kevin Walker.
As this exhibit shows, both John Philip and Emily Nordland
allegedly signed the deed transferring ownership to Walker on December 22,
1995. In fact, Emily Nordland died on 5/30/86 and could not have signed
the deed. Although Mr. Nordland died on 11/4/97, his daughter has
demonstrated to our satisfaction that this is not her father's signature.
This information lead to an extensive investigation into the real
estate dealings of Kevin Walker, which resulted in his arrest this past
Thursday. The complaint upon which he was arraigned charges that during a
two-year period from April 1996 through April 1998, Kevin Walker falsely
filed with the Kings County Clerk, eleven deeds to properties that he did
not own. The legitimate owners of five of these properties were deceased
at the time of the alleged transfer. The owners of six of the remaining
properties were alive, but did not transfer ownership and were unaware
that the properties were no longer in their names.
Our complaint also charges that Mr. Walker used 10 of these
properties to secure mortgages worth more than $900,000 and actually sold
5 of the properties for over $700,000.
Mr. Walker's fraud was simple, yet extremely effective. First he
identified Brooklyn properties that seemed to be unoccupied and then he
recorded forged deeds that showed he was the owner of the properties. Once
he had done that he used the properties to secure mortgage loans for
private mortgage lenders. For example, in June 1996, he used the Nordland property and 2 others - 3415 Avenue D and 2739 Bedford Avenue - to secure a $100,000 mortgage from Acgilino and Wishnick, a private mortgage company. In August 1996, he used one of the these three properties, located at 3415 Avenue D to secure an additional mortgage loan of $124,617 and in January 1997 he used another of these three properties, located at 2739 Bedford Avenue to secure a $208,000 mortgage.
The 2739 Bedford Ave. property was allegedly transferred to Mr.
Walker by a deed dated March 5, 1996 and allegedly signed by William
Greenberg. However, Mr. Greenberg died on December 1, 1991. Not only was
this property was mortgaged twice, it was eventually sold in September
1999 for $395,000.
While most of us believe that it is not possible to get something
for nothing, Mr. Walker is accused of doing just that.
With nothing more than a piece of paper - a forged deed - which Mr.
Walker is alleged to have filed with the County Clerk, he in fact turned
nothing into a $1.6 million profit. |
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| 016 August 3, 2000....Kings County District Attorney Charles J. Hynes announced today the filing of criminal complaints accusing two Brooklyn men of murder and other charges in the stabbing death of a social worker student.
The multiple-count Criminal Court, Kings County complaints name
David Jamison, 27, of 126 Sterling Place and Felix Rodriguez, 21, of 190
Park Place.
"The victim in this case was a hard-working, compassionate
woman who lost her life through senseless and murderous violence,"
District Attorney Hynes said. "The charges in this case will be
prosecuted swiftly and fairly."
Jamison is accused of Murder in the First Degree.
Both defendants are accused of the following charges: Murder in the
Second Degree; Robbery in the First Degree; Robbery in the Second Degree;
Criminal Possession of a Weapon in the Fourth Degree.
The most serious charge, Murder in the First Degree, is a Class A-I
felony punishable by a penalty of death, life imprisonment without parole
or 20-25 years to life in prison.
The press and public are advised that these criminal complaints are
not evidence of guilt. They are the accusatory instrument by which these
criminal proceedings are commenced.
The defendants are accused, while acting in concert, of grabbing a
pocketbook from Amy Watkins and stabbing the victim in the back causing
her death.
The criminal complaints alleges that the incident took place on
March 8, 1999 at about 9:45 p.m on Park Place between Vanderbilt and
Underhill,Prospect Heights.
Jamison was arraigned today in Criminal Court, Kings County before
Judge McKay and Rodriguez was arraigned in front of Judge Carter. Both
defendants were held without bail and a return date was set for August 8,
2000.
The case is being prosecuted by First Deputy District Attorney
Michael Vecchione. Copies
of the criminal complaints are available. |
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| 017
February 3, 1997,...Kings County District Attorney Charles J. Hynes
announced today the filing of an indictment charging a Brooklyn man with
murder in the first degree and other charges involving the shooting
deaths of two men, the stabbing death of a woman and the shooting of a
third man during a robbery in December of a social club in
Bedford-Stuyvesant.
A 34-count indictment filed today names Darrell K. Harris, 39, of
1055 Myrtle Avenue, Bedford-Stuyvesant.
Harris is accused in the indictment of following charges: Murder in the First Degree (12 counts); Murder in the Second Degree (six
counts); Attempted Murder in the First Degree (five counts); Attempted
Murder in the Second Degree; Assault in the First Degree (two counts);
Robbery in the First Degree (five counts); Criminal Possession of a
Weapon in the Second Degree; Criminal Possession of a Weapon in the
Third Degree and Criminal Possession of a Weapon in the Fourth Degree.
The most serious charge, Murder in the First Degree, is a Class
A-I felony punishable by a penalty of death, life imprisonment without
parole or 20-25 years to life in prison.
The indictment charges that during a robbery Harris intentionally
caused the deaths of Jerome Sims, 58, and Michael Harris, 37, by
shooting them, and Evelyn Davis, 32, by stabbing her.
The indictment also charges that Harris attempted to kill Eddie
Brown, 48, by shooting him, and stole an undisclosed amount of money
from Harris.
The incident took place on December 7, 1996, at approximately
2:30 a.m. at a social club at 178 Jefferson Avenue in
Bedford-Stuyvesant.
The press and public are advised that this indictment is not
evidence of guilt. It is the accusatory instrument by which these
criminal proceedings are commenced.
The new law gives prosecutors 120 days from the arraignment of a
defendant on an indictment charging Murder in the First Degree to
determine whether to seek a sentence of death or life imprisonment
without parole. "This 120-day provision was requested by the New York State District Attorneys Association - and provided by the Legislature and the governor - in recognition of the fact that the public interest in an effective, constitutional death penalty law is best served by a careful and comprehensive analysis of the available facts and evidence in each case," said District Attorney Hynes.
Under the capital punishment law, a jury cannot return a sentence
of death without unanimously concluding beyond a reasonable doubt that the
aggravating facts substantially outweigh any mitigating circumstances.
The statutory mitigating factors include information about the
defendant's criminal history, mental capacity, participation and role in
the crime and "[a]ny other circumstance concerning the crime, the
defendant's state of mind or condition at the time of the crime, or the
defendant's character, background or record that would be relevant to
mitigation or punishment for the crime."
District Attorney Hynes noted, "Because of the importance of
the decision, the structure of this law and the heavy burden it places on
prosecutors in order to obtain and sustain any sentence of death, my
Office will be examining a variety of factors, both aggravating and
mitigating, within the 120 days provided by law, in order to carefully and
thoughtfully determine whether to seek the death penalty or life
imprisonment without parole."
Once this investigation is completed, all relevant information,
including any information provided by the defense, will be presented to a
Committee, established by the District Attorney, of experienced trial
attorneys and supervisors from the Office whose members reflect the
diversity of Brooklyn,
It is the Committee's role to carefully review the facts, the
aggravating facts of the crime as well as any mitigating evidence provided
to it, in order to make a recommendation to the District Attorney whether
the death penalty or life imprisonment without parole should be sought in
each Murder in the First Degree case.
The District Attorney's decision about the appropriate punishment
will be based on all the relevant facts and circumstances and will be made
in whatever period of time, within 120 days, that is appropriate in the
individual case.
"I believe I am required by this statute to assess the
appropriateness of the death penalty on a case-by-case basis.
Therefore, this procedure will be followed in all cases involving a
First Degree Murder charge in order to carry out my obligation to the
citizens of Kings County to uphold the law in a fair-minded and
responsible way," District Attorney Hynes said.
Harris is being held without bail pending arraignment on this
indictment on February 18, 1997, in Supreme Court, Kings County.
The case is being prosecuted by Senior Assistant District Attorney
Heide E. Mason, Homicide Bureau.
A copy of the indictment is available. |
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| 018 Owner Property 1.
Ira Stevens
466 Franklin Ave. 2.
Percy Motley (Hospitalized)
20 Lefferts Place 3.
Edith Greenspan (deceased)
687 E. 91st St. 4.
Dorothy Deypeyster (Hospitalized)
273 Green Ave. 5.
Keith Boodoo
187 Lafayette Ave. |
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| 019 March 2, 1999....Kings County District Attorney Charles J. Hynes announced today the conviction of a Brooklyn man of manslaughter and other charges involving the shooting death of a 14-year-old girl.
"The victim in this case was killed by an illegal
handgun," District Attorney Hynes said. "I will strongly
recommend imposition of the maximum penalty."
The jury of six women and six men deliberated eight hours over one
day before returning the guilty verdict late last night in Supreme Court,
Kings County following a one and one-half week trial.
The defendant, Donald Coley, 42, of 1145 Lenox Road, East Flatbush,
was found guilty of the following charges: Manslaughter in the Second
Degree; Reckless Endangerment in the First Degree and Criminal Possession
of a Weapon in the Fourth Degree.
The most serious charge, Manslaughter in the Second Degree is a Class C felony punishable by a
maximum prison term of seven and one-half to fifteen years.
The jury found that Coley recklessly caused the death of Selena
Slade, 14, by shooting her with a gun.
The jury also found that Coley recklessly endangered Shavon Sykes,
19, and Donna Miller, 19, who were seated next to the victim at the time
of the shooting.
The incident took place on June 7, 1998, at 1145 Lenox Road, East
Flatbush.
Coley will be sentenced on March 22, 1999, by Justice Michael
Juviler who is presiding over the case. The case is being prosecuted by Senior Assistant District Attorney Robert Reuland, Trial Bureau I. |
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| 020
September 27, 2000....Kings County District Attorney Charles J. Hynes
and NYPD Commissioner
Bernard B. Kerik announced today that 14 members of a Coney Island gang
have been arrested and
charged with various violent crimes, including attempted murder,
kidnapping, assault, robbery and drug dealing in and around the Marlboro
Houses in Brooklyn.
The arrests of the members of the gang known as "The Cream
Team" - which stands for "Cash Rules Everything Around
Me" - took place during the week of September 18th. Nine defendants
were arraigned on 6 separate indictments Wednesday and Thursday of last
week; five other defendants were charged in 5 separate criminal
complaints. Ten of the 14 have been remanded are currently in jail.
"The crimes charged in this indictment are an affront to
civilized society," District Attorney Hynes said. "Gang
violence of this type will not be tolerated in Kings County and I will
see to it that where the evidence shows a gang member is involved in a
crime, the punishment will be swift and severe."
Residents of the Marlboro Houses brought information regarding
the gangs terror tactics and efforts at intimidation to the NYPD 60th Precinct Squad, which in turn alerted the NYPD Gang Unit when
it became obvious that the level of violence had increased in the
Marlboro houses during the first six months of this year.
"With these arrests, we have successfully dismantled this
violent gang and put these domestic terrorists out of business,"
said New York City Police Commissioner Bernard B. Kerik. "Violence
on any level will not be tolerated and this case illustrates our
commitment to the people of this city and the residents of the Marlboro
Houses. This investigation is a credit to our cooperative efforts with
the Brooklyn District Attorneys Office which has resulted in these
arrests and indictments."
As a result of the investigation, 9 Cream Team gang members were indicted for violent crimes including an attempted murder, which took place on October 2, 1998, two kidnappings and robberies, which took place on January 4, 2000 and May 7, 2000, two assaults and robberies, occurring on March 3, 2000 and March 25, 2000. Kendell (Flip) Reed, 19, 57
Herkimer Street, has been indicted for Attempted Murder in the Second
degree, punishable by a maximum term of life imprisonment, and
Kidnapping in the Second Degree, and one of the assault/robberies.
Jason (Jaynu) Dent, 23, 389 Chauncey Street, has been indicted
for Kidnapping in the Second Degree, punishable by a maximum term of 25
years in prison, and one of the assault/robberies.
James (Pudding) Dent, 28, 693 Madison Street, the brother of
Jason, has been indicted for Kidnapping in the Second Degree, punishable
by a maximum term of 25 years in prison, and one of the
assault/robberies.
These three defendants and their fellow gang members had a
particularly violent way to rob others of their money. Their usual
pattern was to set upon one person, take that person at gun point to a
quiet location, strip them of their clothes and possessions and beat
them. One of their robbery victims received 150 stitches in his face as
a result of a slashing with a box cutter.
"It is clear that their purpose was not only to enrich
themselves but to instill fear in an entire community," said
District Attorney Hynes.
Five of the 14 gang members, including Joseph (Joe Cracks) Dent,
21, 693 Madison Street, the brother of James and Jason, have been
charged with criminal sale and possession of crack/cocaine, punishable
by maximum prison sentences of up to 25 years.
The press and public are advised that these indictments and
complaints are not evidence
of guilt. They are the accusatory instrument by which these criminal
proceedings are commenced.
The cases against the defendants were investigated by the
NYPDs Brooklyn
South Gang Unit, 60th Pct. Detective Squad, Brooklyn South
Narcotics, Housing PSA 1 G.E.T. (or Gang Enforcement Team),
and the Department of Corrections in
conjunction with the Kings County Gang Bureau, under the supervision of
Bureau Chief Teresa Corrigan and Executive Assistant District Attorney
Deanna Rodriquez. Copies of the indictments and criminal complaints are available. A list of all 14 defendants is attached.
SALADINE TROMP JAMES DENT JOSEPH DENT DEVIN BROWN BISHME WILLIAMS JASON DENT DEQUAN MAJOR KENDELL REED SHAWN ATKINS DAMON NELSON LAMONT PAHON CLARENCE WILLIAMS JASON JONES |
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| 021 September 27, 2000 . . . . Kings County District Attorney Charles J.Hynes announced today the conviction of two sanitation Department supervisors for illegally transferring title to two valuable cars to a city contractor.
Charles Sacco and
Steve Cannon were both found guilty of Criminal Possession of Stolen
Property in the Third Degree. Additionally, Sacco was convicted of Grand
Larceny in the Third Degree, Conspiracy in the Fifth Degree and Official
Misconduct. Cannon was also
found guilty of Official Misconduct.
The most serious charges, Criminal Possession of Stolen Property in
the Third Degree and Grand Larceny in the Third Degree are both Class D
felonies, punishable by a maximum of two and one third to seven years in
prison.
Charges arose from an investigation into the Department of
Sanitation's Derelict Vehicle Operations Unit. Detectives from the New
York City Police Department and the Department of Investigations uncovered
the scam.
The defendants supervised the City's contract for removal of junk
cars from Brooklyn. The
contract holder was A1A Auto, located at 8014 Preston Court, Canarsie.
The owners of A1A, Anthony Sepico Senior and Jon Serpico pled
guilty earlier this year.
A jury of three men and nine women deliberated three days after a
two-week trial.
Cannon and Sacco are awaiting sentencing in Supreme Court, Kings
County on November 13, 2000 by Justice Gustin Reichbach who is presiding
over the case.
The case is being prosecuted by Senior Assistant District Attorney
Adam Zion and Assistant District Attorney James Kilduff, Rackets Division,
under the supervision of Deputy District Attorney Jay Shapiro, Chief of
Rackets. |
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| 022
GUILTY PLEA ENTERED IN CHURCH STATUE DESECRATION CASE
September 29, 2000.... Kings County District Attorney Charles J.
Hynes announced today the conviction of a Manhattan man for a number of
incidents involving the desecration of religious statues at Catholic
Churches throughout Brooklyn.
Primus St. Croix, 33, of 357 West 177th Street, Manhattan entered a
plea of guilty in Supreme Court, Kings County to the following charges;
Criminal Mischief in the Second Degree (six counts); Aggravated Harassment
in the First Degree (five counts); Tampering with Physical Evidence;
Criminal Interference with Health Care Services or Religious Worship in
the Second Degree (three counts) and Criminal Trespass in the Third Degree
(two counts). He entered the guilty plea and was sentenced to five years probation by
Justice Ann Feldman. "While I have great respect
for Judge Feldman, I am profoundly disappointed and strongly disagree with
her sentence of probation in this case," District Attorney Hynes
said. "This was an assault on a religion. The defendant not
only desecrated numerous religious statues throughout Brooklyn, but
assaulted the sensibilities of the Catholic community, Hynes continued.
His actions were designed to terrorize members of an entire community
merely because of their religion. In the same way that we do not tolerate
criminal acts directed toward individuals because of their race, ethnicity
or sexual preference, we will not tolerate the same type of acts against
individuals because of their religious beliefs.
While he apologized for his actions, St.
Croix admitted in court that he entered at least five Catholic Cchurches
with the intention of smashing and vandalizing statues in those
churches, a statue of Pope Pius located at a Knight of Columbus Hall and
an exterior statue at St. Francis of Assisi Church. "The defendant deserved
significant prison time for his crimes, Hynes said. The inability to
appeal the sentence in this case is a perfect example of why I believe it
is imperative for state prosecutors to gain the same rights possessed by
Federal prosecutors; that of the right to appeal a judges
sentence."
Sentencing date was set for October 11, 2000 in front of Supreme
Court Justice Anne Feldman. St. Croix will be remanded to jail until that
date. Prosecutors are also awaiting a decision by the United States
Department of Immigration and Naturalization as to his status as an alien.
Deportation of St. Croix to his native Jamaica is a consideration. The case is being prosecuted by
Executive Assistant District Attorney Lance Ogiste and Senior Assistant
District Attorney Richard Farrell, Civil Rights Unit. |
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| 023
October 18, 2000.... Kings County District Attorney Charles J. Hynes
announced today the arraignment of a Brooklyn teenager for setting fire to
the Bergen Stables in Brooklyn killing 21 horses.
A 57-count indictment arraigned in Supreme Court, Kings County
accuses Frank Esposito, 17, of 1459 E. 57th St. of the
following charges: Arson in the 3rd and 4th degrees
(C and D Felonies, respectively), Reckless Endangerment in the 1st
Degree (D Felony), Reckless endangerment in the 2nd Degree, 15
counts each of Criminal Mischief in the 2nd Degree, (D Felony),
and in the 4th Degree, and Aggravated Cruelty to Animals (21
counts), Overdriving, Torturing and Injury to Animals.
This was a vicious and twisted act that boggles the mind,
District Attorney Hynes said.
The most serious charge, Arson in the third Degree, is a Class C
felony punishable by a maximum prison term of 15 years.
The press and public are advised that this indictment is not
evidence of guilt. It is the accusatory instrument by which these criminal
proceedings are commenced. |
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| 024 October 23, 2000 . . . . Kings County District Attorney Charles J. Hynes announced today the conviction of a mother and her son for the murder and other charges related to the death of her daughter, Latanisha carmichael, 20 years ago.
Today, Madeline Carmichael, 61 and Gregory Carmichael, 38 both from
94 Rockaway Parkway, Brownsville, were found guilty of Murder in the
Second Degree by a jury of men
and women which
deliberated hours over
days after a seven-week trial.
Loper admitted that he struck Sherlyn Oplan, 15, with a bat.
The stabbing of Bennett took place about 9:30 p.m. at 46 McKeever
Place, Crown Heights. The
attack of Oplan took place about 9:40 p.m. at the corner of Bedford Avenue
and Empire Blvd., Crown Heights.
Two other defendents Dave Forrest, 18, 220 Montgomery Street, Crown
Heights and Andre Mitchell, 16, 1720 Bedford Avenue, Flatbush are being
held awaiting their trials in Supreme Court, Kings County.
Ashburn, Hill and Loper are being held awaiting sentencing in
Supreme Court, Kings County by Justice Francois Rivera who is presiding
over the case.
The case is being prosecuted by Deputy Executive Assistant District
Attorney Edward Boyar and Executive Assistant District Attorney Gail
Ostriker, Special Prosecutions Bureau. |
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| 025 October 11, 1999....Kings County District Attorney Charles J. Hynes announced today the sentencing of a Brooklyn man for the repeated sexual molestation of his two step-grandchildren.
The defendant Basilio Berrios, 51, of Sunset Park was convicted on
September 25, 2000 in Supreme Court, Kings County.
"The defendant in this case betrayed their oath,"
District Attorney Hynes said. "This sentence provides appropriate
punishment for such public safety threats."
Berrios was convicted of the following charges: Course of Sexual
Conduct Against a Child in the First Degree and Sodomy in the First
Degree, both Class-B felonies. Each punishable by a maximum prison term of
25 years.
Berrios was sentenced to serve a prison term of 50 years.
The defendant was convicted by a jury of six men and six women who
deliberated one hour in Supreme Court, Kings County before returning the
guilty verdict. The
jury found that between February 1996 and February 2000, Berrios
repeatedly raped and sodomized both orally and anally his two
step-grandchildren. One girl,6 and boy,13.
All
of the incidents took place in Berrios home. Berrios was sentenced today by Justice Matthew DEmic who presided
over the case.
The case was
prosecuted by Assistant District Attorney Michael Choi, Crimes Against
Children Bureau. |
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| 026 October 19, 2000....Kings County District Attorney Charles J. Hynes announced the sentencing of an Brooklyn woman in the vehicular death of off-duty police officer, Patricia Rosado.
Vivian Malloy, 42, of 360 Dumont Avenue, entered a plea of guilty,
on October 5, 2000, in Supreme Court, Kings County, to the charge,
Manslaughter In the Second Degree, a Class C Felony punishable by a maximum prison term of 15
years.
Vivian Molloy was sentenced on October 19, 2000 to serve a prison
term of four to twelve years.
"This is a sad and tragic case in which a highly regarded
rookie police officers life has been lost," District Attorney
Hynes said.
The incident occurred on April 9, 2000 at about 2:15 A.M. at the
intersection of Rockaway and Newport Street.
The indictment charges that Malloy was driving under the influence
of alcohol and drugs in excess of the speed limit, passed a red signal and
struck the car driven by Officer Rosado causing her death.
Malloy was sentenced by Justice Neil Firetog who presided over the
case.
The case was prosecuted by Bureau Chief Laura Neubauer, Trial
Bureau V. A copy of the indictment is available. |
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| 027
CHURCH STATUE DESECRATOR SENTENCED
October 18, 2000.... Kings County District Attorney Charles J.
Hynes announced today the sentencing of a Manhattan man for a number of
incidents involving the desecration of religious statues at Catholic
Churches throughout Brooklyn.
Primus St. Croix, 33, of 357 West 177th Street, Manhattan entered a
plea of guilty in Supreme Court, Kings County to the following charges;
Criminal Mischief in the Second Degree (six counts); Aggravated Harassment
in the First Degree (five counts); Tampering with Physical Evidence;
Criminal Interference with Health Care Services or Religious Worship in
the Second Degree (three counts) and Criminal Trespass in the Third Degree
(two counts). He entered the guilty plea and was sentenced to five years probation by
Justice Ann Feldman. "While I have great respect
for Judge Feldman, I am profoundly disappointed and strongly disagree with
her sentence of probation in this case," District Attorney Hynes
said. "This was an assault on a religion. The defendant not
only desecrated numerous religious statues throughout Brooklyn, but
assaulted the sensibilities of the Catholic community, Hynes continued.
His actions were designed to terrorize members of an entire community
merely because of their religion. In the same way that we do not tolerate
criminal acts directed toward individuals because of their race, ethnicity
or sexual preference, we will not tolerate the same type of acts against
individuals because of their religious beliefs.
While he apologized for his actions, St.
Croix admitted in court that he entered at least five Catholic Cchurches
with the intention of smashing and vandalizing statues in those
churches, a statue of Pope Pius located at a Knight of Columbus Hall and
an exterior statue at St. Francis of Assisi Church. "The defendant deserved
significant prison time for his crimes, Hynes said. The inability to
appeal the sentence in this case is a perfect example of why I believe it
is imperative for state prosecutors to gain the same rights possessed by
Federal prosecutors; that of the right to appeal a judges
sentence."
Prosecutors are awaiting a decision by the United States Department
of Immigration and Naturalization as to his status as an alien.
Deportation of St. Croix to his native St. Lucia is a consideration.
The case was prosecuted by Executive Assistant District Attorney Lance Ogiste and Senior Assistant District Attorney Richard Farrell, Civil Rights Unit. |
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| 028
November 18, 1999....Kings County District Attorney Charles J. Hynes
announced today the sentencing of two former New York City Police Officers
for an off-duty incident outside a Crown Heights restaurant in December
1997.
The victim, Reginald Bannerman, 36, later died when he was struck
by a train in a nearby subway station.
The defendants Lloyd Barnaby, 39, and Mark Cooper, 29, were
convicted on October 1, 1999 in Supreme Court, Kings County.
"The defendants in this case betrayed their oath,"
District Attorney Hynes said. "This sentence provides appropriate
punishment for such public safety threats."
Barnaby was convicted of the following charges: Assault in the
Third Degree; Reckless Endangerment in the Second Degree; Official
Misconduct and Criminal Possession of a Weapon in the Fourth Degree.
Cooper was convicted of: Assault
in the Third Degree; Reckless Endangerment in the Second Degree; Official
Misconduct and Menacing in the Second Degree.
The charges are all Class A misdemeanors punishable by a maximum
prison term of one year.
Both Barnaby and Cooper were sentenced to serve a pison term of six
months.
The defendants were
convicted by a jury of six men and six women who deliberated three days in
Supreme Court, Kings County before returning the guilty verdict.
Barnaby and Cooper were sentenced today by Justice Albert Tomei who
presided over the case. The case was prosecuted by Executive Assistant District Attorney Charles M. Guria, Chief of Corruption Investigations, Rackets Division, Executive Assistant District Attorney Lance O'Giste, Chief, Civil Rights Bureau and Special Assistant District Attorney Matthew Greenberg. |
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| 029
December 7, 2000...Kings County District Attorney Charles J. Hynes
announced today the sentencing of a Brooklyn man in the vehicular death of
Lance Marino.
Gilbert Hodges Jr., 26, of 2235 East 66th Street, Brooklyn, was
sentenced today to five years probation with the understanding that he
will undergo drug and psychiatric treatment.
Hodges entered a plea of guilty, on October 19, 2000, in Kings
County Supreme Court to the charge Criminally Negligent Homicide, a Class
E felony, punishable by a maximum prison term of four years.
The defendant admitted that he was driving under the influence of
alcohol, as the deceased, Lance Marino, rode on the hood of the car until
he was thrown off and killed.
The incident occurred on July 6, 2000 at approximately 8:15 P.M. at
North 7th street and Kent Avenue, Brooklyn.
Hodges was sentenced today by Justice Sheryl Parker who presided
over the case. |
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| 030
December 7, 2000....Kings County District Attorney Charles J. Hynes
announced the sentencing of an Brooklyn man in the vehicular death of
Lance Marino.
Gilbert Hodges Jr., 26, of 2235 East 66th Street, Brooklyn, entered
a plea of guilty, on October 19, 2000, in Supreme Court to the charge
Criminally Negligent Homicide, a Class E
Felony, punishable by a maximum prison term of 4 years.
Hodges was sentenced
today to serve an agreed term
of five years probation and with the understanding that he will go to a
drug and psychiatric treatment center.
"This is a sad and tragic case in which a highly regarded
rookie police officers life has been lost," District Attorney
Hynes said.
The incident occurred on July 6, 2000 at about 8:15 P.M. at North 7th
street and Kent Avenue, Brooklyn.
The indictment charges that Hodges was driving under the influence
of alcohol and drugs in excess of the speed limit, passed a red signal and
struck the car driven by Officer Rosado causing her death.
Hodges was sentenced today by Justice Sheryl Parker who presided
over the case.
The case was prosecuted by First Deputy District Attorney Joseph
Petrosino,
A copy of the indictment is available. |
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| 031
January 4, 2001....Kings County District Attorney Charles J. Hynes
announced today the sentencing of a Brooklyn man for the rape of his two
nieces, ages 15 and 16.
The defendant, Oliver Wright, 28, of Brooklyn, was convicted on
December 13, 2000, of Rape in the First Degree (four counts).
Wright was sentenced yesterday, January 3, 2001 in Kings County
Supreme Court, to serve a prison term of 16 years.
"The victims in this case were innocent teenage girls who were
betrayed and victimized by their trusted uncle," District Attorney
Hynes said.
Rape in the First Degree is a Class B felony punishable by a
maximum prison term of 25 years.
Wright was convicted by a jury of five men and seven women who
deliberated approximately five hours over two days following a one week
trial in Supreme Court, Kings County before returning the guilty verdict.
The jury found that Wright engaged in forcible sexual intercourse
with his 15-year-old and 16-year-old nieces.
The incidents occurred between March 1999 and June 1999 at
Wrights home where the victims also resided.
Wright was sentenced by Justice Alan Marrus who presided over the
case. The case was prosecuted by Assistant District Attorney Rachel Schmidt and Assistant District Attorney Miss Gregory, Sex Crimes and Special Victims Bureau. |
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| 032
January 09, 2001....
Kings County District Attorney Charles J. Hynes announced today the
Arraignment of an indictment accusing a Brooklyn mother of murder and
other charges involving the death of her 15-month-old son.
A 7 count Indictment filed on December 20, 2000 in Supreme Court,
Kings County names Nicole Hamilton; 23, of 82 Marion Street, Brooklyn.
The infant victim in this case was killed by the person who
should have cared for him the most, his mother, District Attorney Hynes
said. I will strongly recommend imposition of the maximum penalty.
Hamilton is accused of the following charges: Murder in the Second
Degree (two counts); Assault in the Second Degree (two counts); Assault in
the Third Degree; Criminal Possession of a Weapon in the Forth Degree;
& endangering The Welfare Of a Child.
The most serious charge, Murder in the Second Degree is a Class A-I
felony punishable by a maximum prison term of 25 years to life.
The press and public are advised that this indictment is not
evidence of guilt. It is the accusatory instrument by which these criminal
proceedings are commenced.
The indictment states that Hamilton, on or about between November
1, 2000 and December 3, 2000 did repeatedly strike her son, Kyron
Hamilton, on several different occasions about the body with her hand and
fist.
The indictment also states that the defendant, on or about November
1, 2000 and November 30, 2000, did on several occasions repeatedly strike
Tyon Griggs, who is the defendant's other 3-year old son about the body
with her hand and a belt causing him to sustain bruises and lacerations
about his body.
Justice Neil Firetog will arraign Hamilton on the indictment on
January 09, 2000 in Supreme Court, Kings County. Assistant District Attorney Jennifer Lobato from the Crimes against
Children bureau is prosecuting the case.
A copy of the indictment is available. |
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| 033
For Immediate Release:
Contact: John Beckman, NYU, 212-998-6848 Thursday, January 25, 2001
Kevin Davitt, Bklyn DA, 718-250-2300 Towards
a Third Way in Dealing with Domestic Violence
NYU and Brooklyn D.A. Jointly Sponsor Feb. 2 Conference
On New Models for the Criminal Justice System Response to Domestic
Violence
In recent years, the long-term failure to deal decisively with
domestic violence has become an issue of significant public debate. Violence in the home was often treated differently and
far more leniently than other violent crimes, as though it were simply
an inevitable part of home life. And
while new and aggressive law enforcement tactics were yielding significant
drops in crime nationally, domestic violence remained doggedly resistant.
In order to counteract this trend, public officials, often prompted
by feminist legal and social critiques, began to enact mandatory arrest
and prosecution policies for domestic violence crimes.
This, however, led to another problem: families in general and
women in particular found themselves caught up in a legal system that
compelled and prescribed their compliance, allowing victims no latitude to
be an active partner with law enforcement in the decision-making of their
own cases.
To explore new models that ensure attentiveness to the criminality
of domestic violence but provide a way to try to permit victims to derive
some healing from the process, NYUs Ehrenkranz School of Social Work,
NYUs Law School and the District Attorneys Office of Kings County
will jointly sponsor a symposium titled, Domestic and Family
Violence in the 21st Century: Emerging Controversies and Best
Practices for Professionals, which will be held Friday,
February 2nd, from 8:30am to 4:30pm at the NYU School of Law,
40 Washington Square South.
Prof. Gerald Landbergh, a professor of social work at NYU and
conference organizer, and Prof. Linda Mills, who holds joint appointments
at the Schools of Law and Social Work and will be a key presenter at the
conference, said, We need to reconsider mandatory interventions in
domestic violence cases. We
need to ask ourselves whether these sorts of remedies really serve the
best interests of battered women. Research
indicates that the process is much healthier for these women when they can
view themselves as full partners in the process with some decision-making
ability, rather than actors dragged along for the ride.
The Brooklyn DAs Office in particular has been exemplary in
developing a new model to address these emerging concerns, and that is why
we are so glad to have it as a co-sponsor of this event.
The symposium will begin with a presentation by Lisa Smith of the
Kings County District Attorneys Office on its analysis of Brooklyn
homicides in 1999 and 2000, and particularly with regard to domestic
violence homicides. Other
sessions during the day will include: ·
Mental Illness and Family Violence ·
Controversies in Mandatory Arrest and Prosecution ·
Best Practices in the Field of Family Violence This symposium is open to the press, and coverage is
invited |
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| 034
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES TO
HONOR GRADUATES OF DRUG TREATMENT ALTERNATIVE-TO- PRISON PROGRAM January
29, 2001
. Kings County District Attorney Charles J. Hynes will honor 66
graduates of his Drug Treatment Alternatives- to- Prison (DTAP) Program,
today, Monday, January 29, at 7:00 p.m. in the Ceremonial Courtroom of the
Appellate Division, 45 Monroe Place, Brooklyn Heights. Reverend C. Vernon
Mason of the New York Theological Seminary and the Director of Programs
for Youth Turns will give the keynote address.
The
District Attorneys DTAP program has been recently cited in a number of
news stories as a successful example of what government might implement
in lieu of harsh jail penalties as Governor Pataki and legislators in
Albany move towards reforming the states Rockefeller Drug laws. DTAP
has reduced recidivism rates of its graduates by half and saved the state
over 18 million dollars in economic savings.
James Chapman is a 51-year-old former New York City Police Officer,
who began his career in Queens, assigned to the 111th precinct. After
being transferred to the 40 th precinct in the Bronx, Mr. Chapman began
his substance abuse. Eventually, this problem led to his dismissal from
the NYPD. Mr. Chapman entered the DTAP Program in 1999 after being
arrested for selling crack to an undercover police officer. Mr. Chapman
successfully completed all phases of his treatment.
Eighty six percent of the graduates are currently working in jobs
that include clerical positions, maintenance workers, truck drivers,
counselors, construction,
food service and messengers. The majority of the class calls one of 17
Brooklyn neighborhoods home, but there are graduates from the Bronx,
Manhattan, Queens, Westchester County, Staten Island and Albany. These
graduates received treatment at 11 residential therapeutic communities,
including Daytop Village; Phoenix House, Samaritan Village, Project Help
Samaritan, Veritas, the Lower Eastside Service Center (Su Casa), Project
Return, Odyssey House, Serendipity, Regenerations, and Hospitality House. |
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| 035
January 24, 2001 ... Kings County District Attorney Charles J. Hynes
announced a guilty plea from a New York City Human Resources
Administration eligibility specialist who admitted stealing over $17,777
in public assistance by making false claims and providing fake documents
about her employment, marital status and residence.
Cheryl Gilkes, 37, of 149-67 255th Street, Queens, pled
guilty to the to the top count of the indictment; Grand Larceny in the
Third Degree Grand as well as to Welfare Fraud in the Third Degree and was
sentenced to a Conditional Discharge that requires her to repay the entire
amount as restitution.
It is always unfortunate when someone chooses to use their
skills to defraud, District Attorney Hynes said. But, it is
particularly disturbing when that person was a public servant who was
supposed to be assisting others.
According to District Attorney Hynes the investigation began in
June 1999, when DOI received a complaint that Gilkes had illegally
received welfare payments while living in a Brooklyn household with her
husband, who was a City Department of Parks & Recreation employee.
The investigation disclosed that Gilkes unlawfully received $17,777
in public assistance benefits for income maintenance, rent and food stamps
between January 20, 1998 and May 3, 2000 after she had provided
caseworkers, in 1998 and 1999, false information about her employment,
marital status and residence on a written application, absent parent
questionnaires and face-to face recertifications.
The investigation also revealed that the false information included
phony claims by Gilkes that she had attended a computer training school in
1999, when, in fact, the computer school did not exist. In reality, she
held a job as a computer specialist for the Phoenix Search Group Lt. at
350 Fifth Avenue in Manhattan earning $60,346. Furthermore, she stated
falsely that she was receiving no financial support from her husband who
she also falsely claimed, lived out of state. In fact, he is employed by
the New York City Department of Parks & Recreation and lives with her
in a home they were able to purchase together in Queens, NY.
The investigation additionally showed that Gilkes had submitted to
agency caseworkers three phony documents to help substantiate her false
claims. The documents included a Brooklyn apartment lease listing her name
alone without her husbands name, and two fake letters, one purportedly
written by her Brooklyn landlord about Gilkes monthly rent, and another
purportedly written by the owner of the non-existent computer training
school about Gilkess enrollment as a computer technology student.
Justice Neil Firetog has ordered Gilkes to repay the $17,777.00.
The case was handled by the District Attorneys Public Assistance
Crime Unit Chief, Lauren Mack and Assistant District Attorney Soo-Young
Chang. |
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| 036
January 26,
2001.... Kings County District Attorney Charles J. Hynes announced today
the sentence of an Iman, a Mosque leader, for the molesting of a
10-year-old boy.
On February 2, 2000 the defendant, Mohammed Muhibur Rahman, 50, of
238 Forbell Street, was found guilty of Sexual Abuse in the Third Degree
(two counts), a Class-B misdemeanor punishable by a maximum prison term of
three months per count.
"This defendant was a trusted leader of his community,"
District Attorney Hynes said. "He violated that trust when he
sexually abused this 10-year-old-boy."
The jury of three men and nine women deliberated approximately 14
hours over one and one-half days after a two-week trial in Supreme Court,
Kings County before returning the guilty verdict.
The jury found that Rahman molested a 10-year-old boy on two
separate occasions.
The first incident occurred during August 1997 inside the Mosque,
Mosjid Ul Aman, 203 Forbell Street. The
second incident occurred during August 1998, inside Rahman's home.
Justice Abraham Gerges who is presiding over the case sentences
Rahman.
Senior Assistant District Attorney Craig Esswein, Sex Crimes Unit,
is prosecuting the case. |
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| 037
January 11, 2001
. Kings County District Attorney Charles J. Hynes
announced today the sentencing of a Brooklyn man for rape and other
offenses involving the sexual abuse of three teen-aged females.
The defendant, Carl Brown, 33, of 735 Chauncey Street, was
convicted on December 5, 2000, of the following charges: Rape in the First
Degree (two counts); Sexual Abuse in The First Degree (three counts);
Sodomy in The First Degree; Robbery in The Third Degree; and Petit
Larceny.
Brown was sentenced to serve a prison term of 82 years.
The charges were read in Supreme Court, Kings County as follows:
Rape in The First Degree: 25 years; Rape in The First Degree: 25 years;
Sodomy in The First Degree: 25 years; Sexual Abuse in The First Degree: 7
years; all in which to run consecutive.
Sexual Abuse in The First Degree: 7 years; Sexual Abuse in The
First Degree: 7 years; Sexual Abuse in the First Degree: 7 years; Robbery
in The Third Degree: 3 1/2 to 7 years; and Petit Larceny: 1 year; all in
which to run concurrent.
"The victims in this case have been scarred for life,"
District Attorney Hynes said. "This substantial prison term is just
punishment for these terrible crimes."
The most serious charges, Rape in the First Degree is a Class B
felony punishable by a maximum prison term of 25 years.
Brown was convicted by a jury who deliberated 1 hour after a 5-week
trial in Supreme Court, Kings County before returning the guilty verdict.
The jury found that Brown engaged in forcible sexual intercourse
with both a 15-year-old female and a 16-year-old female.
He also sexually abused a 16-year-old female.
The incidents took place within a 3-month period.
The incidents occurred
first on May 19, 1999 at the corner of Aberdeen and Bushwick Playground.
Then on June 16, 1999 at the corner of Central Avenue and Chauncy.
And finally on July 8, 1999 inside of an elevator at the Brooklyn
Marriot Hotel located at 350 Jay Street in Downtown Brooklyn.
Brown was sentenced
today by Justice Abraham G. Gerges who presided over the case.
Deputy District Attorney Rhonnie Jaus and Bureau Chief Julie
Schwart, Sex Crimes and Special Victims Bureau prosecuted the case. |
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| 038
January 4, 2001....Kings County District Attorney Charles J. Hynes
announced today the sentencing of a Brooklyn man for the rape of his two
nieces, ages 15 and 16.
The defendant, Oliver Wright, 28, of Brooklyn, was convicted on
December 13, 2000, of Rape in the First Degree (four counts).
Wright was sentenced yesterday, January 3, 2001 in Kings County
Supreme Court, to serve a prison term of 16 years.
"The victims in this case were innocent teenage girls who were
betrayed and victimized by their trusted uncle," District Attorney
Hynes said.
Rape in the First Degree is a Class B felony punishable by a
maximum prison term of 25 years.
Wright was convicted by a jury of five men and seven women who
deliberated approximately five hours over two days following a one week
trial in Supreme Court, Kings County before returning the guilty verdict.
The jury found that Wright engaged in forcible sexual intercourse
with his 15-year-old and 16-year-old nieces.
The incidents occurred between March 1999 and June 1999 at
Wrights home where the victims also resided.
Wright was sentenced by Justice Alan Marrus who presided over the
case.
The case was prosecuted by Assistant District Attorney Rachel
Schmidt and Assistant District Attorney Miss Gregory, Sex Crimes and
Special Victims Bureau. |
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| 039
LEVEL 1 - 6 OF 31 STORIES
Copyright 2001 The New York Times Company
The New York Times
<=1>
View Related Topics
January 25, 2001, Thursday, Late Edition - Final
Correction Appended SECTION: Section B; Page 3; Column 5; Metropolitan Desk LENGTH: 1010 words HEADLINE: Man Says He Was Real Killer In 21-Year-Old
Murder Case BYLINE: By
DIANE CARDWELL BODY: In
the spring of 1980, Martell Hamilton, then 14, was shown a snapshot of a man named Collin
Warner, who the police indicated was
a suspect in the murder of Mr. Hamilton's brother. Grief stricken and exhausted,
Mr. Hamilton said that he might have seen Mr. Warner before. Based
on that statement and a witness account, Mr. Warner was quickly arrested. He was eventually tried and convicted of
killing Mario Hamilton with a single bullet to the head on a Brooklyn street. Like many
other prison inmates, Mr. Warner insisted that he was innocent. This
week, nearly 21 years after Mr. Warner was imprisoned, Mr. Hamilton remains grief stricken, but not just over his brother's
death. His statement, he now says, helped put an innocent man in jail. "That
doubt lingered with me for all these years," said Mr. Hamilton, a city bus
driver. Now,
testimony in a deposition may confirm Mr. Hamilton's doubts. After being contacted by Mr. Warner's lawyer, Norman Simmonds, who
was convicted with Mr. Warner and was paroled after serving nine years in
prison, came forward to help exonerate Mr. Warner with a startling statement: he, not
Mr. Warner, was the true killer. "I
never understood anything and I felt like justice would have been justice," Mr. Simmonds said to Mr. Warner's lawyer
during the deposition. "I knew Collin was innocent. I knew I did the crime." Based
on these statements and others, prosecutors in Brooklyn are considering reopening the case. Among the evidence before them are
new statements from witnesses who say Mr. Warner was not at the scene of the
shooting. But perhaps most compelling is the support from the Hamilton family
and Mr. Simmonds for the effort to free Mr. Warner. "I
received a letter from the attorney and I read it and it brought back a lot of painful memories," Mr. Hamilton said of Mr.
Warner's lawyer, William J. Robedee. "But what my mother remembered most from
that time was me telling the police, 'I don't think this is the guy.' I just didn't
have any concrete evidence." And
Mr. Simmonds, when asked by Mr. Robedee if he would be willing to testify in court, said: "I will be there and I will keep
contact with you, because this is the end of it now. Twenty years is enough." On
Tuesday, a hearing was held in State Supreme Court in Brooklyn on Mr. Robedee's motion to vacate the conviction. In light of
the new material, prosecutors plan to interview witnesses in the case, said
Kevin Davitt, a spokesman for the Brooklyn district attorney's office. He
stopped short of saying that the investigation into the murder would be
reopened. Assistant
Chief Thomas P. Fahey, a police spokesman, said, "We will assist them in any way possible, but they have not informed us
of any problem in the case." The
murder occurred April 10, 1980, near Erasmus Hall High School in Flatbush. Mario, then 16, was walking with a group of his
friends. According to the defense motion, Mr. Simmonds, then 15, who was with
the group, shot Mario because he believed Mario had killed a mutual friend, a
charge Martell Hamilton denies. According
to the motion, investigators at the scene detained Martell, who arrived after the shooting, and a 14-year-old
acquaintance, Thomas Charlemagne, who told the police that he saw what happened. The
investigators took both boys to a police station for questioning, according to the
court documents, where, Martell said, he heard the police pressuring Thomas to
make an identification. After
several hours, Thomas picked Mr. Warner's picture out of a mug book.
"I don't know why he did that," Mr. Robedee said.
"My honest suspicion? He wanted to go home." Later
that night, a detective went to Martell's house with several photographs. The detective asked him several times if he
recognized anyone in the pictures. Mr. Hamilton answered no, he said. Finally,
he said, the detective pushed one of the pictures out of the line and said, "What about this guy?" Mr.
Hamilton said, "To let him stop pressuring me, I said I might have
seen him before." The picture was of Mr. Warner. Based
on the two identifications, Mr. Warner was charged with the murder and tried two years later. "I felt kind of bad and
guilty in some ways for saying I might have seen him before," Mr. Hamilton said.
"Even though it wasn't a bad thing to say, it was still kind of me putting a nail in
this man's coffin when I knew I hadn't seen him before." Mr.
Simmonds was arrested and charged as an accomplice in the killing six months later. The two were tried together twice; after
the first trial ended in a hung jury, they were convicted in a second trial of
second-degree murder. Because Mr. Simmonds was a juvenile at the time, he was
sentenced to nine years to life, and was paroled in 1989. Mr. Warner, then 18,
drew 15 to life. Mr.
Warner has survived these past two decades through a deep faith in God, those close to him said. Mr. Warner's best friend, Carl
King, who visits him at the Peekskill correctional facility every two to three
weeks, said that Mr. Warner recently completed a degree in art. Mr. King and
Mr. Warner's wife of eight years, Catherine, who met him before the shooting,
have helped him to mount a number of unsuccessful appeals.
"When Collin got sentenced, I was a teenager," Mr. King said, "so I thought, Wow --
is that how justice works?" About
a year ago, Mr. King brought the case to the attention of Mr. Robedee, who said he was struck by how Thomas Charlemagne had
changed his story in several statements. There were also no corroborating
witnesses or physical evidence presented, he said, and he has collected
statements from two other men who were at the shooting who say that Mr. Simmonds acted
alone. While
optimistic about his client's chances, Mr. Robedee said the case hinged on prosecutors and a judge agreeing with his
interpretation of the new material. "It's always the easy ones where they find the magic
DNA on the sock and he goes free and there's rejoicing," he said. "But in
this case, there isn't anything like that. I wish there were." http://www.nytimes.com CORRECTION-DATE: January 27, 2001, Saturday CORRECTION: An
article on Thursday about evidence that a Brooklyn man, Collin Warner, might have been wrongly convicted of murder misidentified
the New York town where he is in prison. It is Fishkill, not Peekskill. GRAPHIC: Photo: Collin
Warner is not guilty in a 1980
killing, another man says.
LOAD-DATE: January 25, 2001 |
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| 040
February 7, 2001....Kings County District Attorney Charles J. Hynes
announced today the sentencing of a Director of a home healthcare agency
director for the arson of his agency .
The defendant, Winston Campbell, 42, of 843 Park Place, was found
guilty of the charges; Arson in the First Degree and Assault in the First
Degree. Arson in the First Degree is a class-A1 felony an offense
punishable by a maximum prison term of 25 years to life.
Campbell was sentenced to serve a prison term of 25 years to life.
The jury of eight women and four men deliberated 20 hours over
three days before returning the guilty verdict in Supreme Court, Kings
County following a two-week trial.
The jury found that Campbell intentionally set fire to his
business. During the course of the fire firefighter Charles Price of
engine company 255 was seriously injured as a result.
The incident took place on December 4, 1999, at 11:45 a.m in his
agency located at 1576 Flatbush Avenue, The junction of Flatbush and
Nostrand Avenues in Midwood.
Campbell was sentenced by Justice Lawrence Knipel, who presided
over the case.
The case was prosecuted by First Deputy Bureau Chief Gavin Miles
and Senior Assistant District Attorney Jacqueline Kagan, Rackets
Divisions. |
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| 041
REMARKS OF CHARLES J. HYNES FEBRUARY 27, 2001 @ 5:45 PM
Good evening, everyone. Welcome to our
African-American History Month Celebration, here at the Brooklyn District
Attorneys Office. Thank you all for coming especially our guest
speakers Justice Lewis Douglass, Reverend Doctor Lonnie McLeod, Jr. and
our keynote speaker Reverend C. Vernon Mason. Tonight we are especially
proud to be joined by the family members of attorney Sumner Lark, our
honoree. I invite all of you to stand up and be recognized. Thank you.
Tonights ceremony has particular
significance for Black History Month because the distinguished lawyer whom
we honor was a contemporary of the famed historian Carter G. Woodson.
Sumner Lark was born in South Carolina in 1873, and Carter Woodson was
born in Virginia in 1875.
In 1926, Dr. Woodson, a Ph.D. graduate of
Harvard University, started the forerunner of Black History Month by
promoting a week in February dedicated to the study of African-American
history. He correctly believed that a new focus on Black History was
necessary because it had been ignored or distorted by traditional
historians.
I am sure Dr. Woodson would have approved
of tonights ceremony because we acknowledge the accomplishments of a
prominent African-American whose talent and skill as a lawyer was not
properly recognized by this Office 78 years ago.
By any measure, the accomplishments of
Sumner Lark were extraordinary.
A graduate of Howard University in 1897,
he began his distinguished career as a teacher of physics and chemistry at
Haines High School in Augusta, Georgia.
In 1900, at the age of 27, he
migrated from Augusta, Georgia to Brooklyn. William McKinley was
president, Jim Crow Laws were enforcing segregation in the South,
telephones were coming into wide use, the Brooklyn Bridge had just been
constructed, and Brooklyn had just joined with Manhattan and the other
boroughs to become part of New York City.
In 1900 Mr. Lark established what
was to become a successful and prosperous printing business, including
publishing a weekly newspaper, The Eye. Years later, in his
application to be admitted to the Bar, he proudly wrote in his own hand
that he had never been employed because he had been an employer for 15
years.
In 1913, at the age of 39, Mr. Lark
entered Brooklyn Law School. The
school had only been open for 12 years and it was not likely that there
were many other African-American law students.
He graduated in 1916, and was admitted as an attorney later that
year with a personal letter of support Dr. Booker T. Washington.
But just before his graduation, in
1915, Summer Lark wrote an essay entitled, New York Negro Lawyers
for the Souvenir program of the celebrated National Negro Exposition held
in Richmond VA. Commissioned by Congress.
The Exposition commemorated the achievements of African Americans
in the 50 years since the signing of the emancipation proclamation. Folded
into an upbeat essay celebrating the accomplishments of African-American
lawyers, Mr. Lark struck another note when he tactfully declared that to
enjoy the fullest measure of citizenship, African-American people would
need lawyers. Their struggles thus far, he wrote, had created a demand
for a galaxy of attorneys in the State of New York, second to none in the
Union. Forcefully summing up his position, he concluded:
He who would have liberty, must
be vigilant;
he who would get his rights, must have a
lawyer.
Mr. Lark was speaking from experience. In
his Bar application he revealed that he too had repeatedly needed legal
services to protect his rights. He had sued on multiple occasions for
discrimination in public places and to resolve contract disputes in his
printing business. When the application went on to ask him to state fully
his reasons for becoming a lawyer, he began quite frankly -- to better
protect my business and civil rights. His plan for the future in the
legal profession was more altruistic he promised -- " [to] Render
unstinted services to those needing conscientious legal aid, exacting
reasonable fees for my services and honestly helping those unable to
pay."
In 1923, at the age of 49, Mr. Lark
sought an appointment in the Brooklyn District Attorney's Office.
He was following in the footsteps of the legendary Rufus L. Perry,
a prominent African-American attorney, who, in 1895, was most likely the
first African-American to become an Assistant District Attorney for Kings
County.
On January 1, 1923, seventeen
attorneys were appointed to positions in the Kings County District
Attorney's Office by Brooklyn District Attorney John E. Ruston. Thirteen
of them were appointed as Assistant District Attorneys, one at a salary of
$5,000 per year, and the remainder at salaries between $6,000 and $12,000
per year.
In spite of his background and seven
years experience, Mr. Lark was appointed only as a Deputy Assistant
District Attorney of Kings County at a salary of $4,000 per year. The
official record reflects that he was one of four Deputy Assistant District
Attorneys, one of whom was a woman whose salary was even less than Mr.
Lark's.
In January 1924 Summer Lark was listed in
the official records as one of five Deputy Assistant District Attorneys,
still earning the same salary, and still being paid less than the
Assistant District Attorneys in the office. By the end of 1924, the record
no longer reflects Mr. Lark's employment by the District Attorney's
Office.
We can never restore to Sumner Lark
himself the honor and prestige that was denied to him in 1923 by the
failure of this office to appoint him as an Assistant District Attorney.
But we can honor his memory and his family by acknowledging his many
accomplishments and by posthumously appointing him to the public office
that should have been his nearly 80 years ago.
In a speech to students at the University
of California at Berkeley in 1957, Dr. Martin Luther King, Jr., spoke of
the power of justice as a force in the universe He said, "[W]hether
one speaks of it as an unconscious process, or whether one speaks of it as
some unmoved mover, or whether someone speaks of it as a personal God.
There is something in the universe that unfolds for justice . . ."
Tonight, as we welcome Sumner Lark into
the ranks of Assistant District Attorneys of Kings County and I truly hope
that this appointment will bring about a long overdue "unfolding of
justice" that will honor his memory and bring honor to his family and
the entire African-American community.
I would like Mr. Lark's family to join me now as I read the plaque that is dedicated in his honor:This is to certify that
Sumner H. Lark
has been appointed Assistant District Attorney nunc pro tunc for the County of Kings on this 1st day of January, 1923, and is authorized to execute and fulfill the duties of that office pursuant to the authority conferred by law, and to hold said office during the pleasure of the District Attorney of the County of Kings.In testimony whereof, I hereunto set
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| 042
February 28, 2001
. Kings County
District Attorney Charles J. Hynes and Inspector General William Gallagher
of the New York State Office of Court Administration (OCA), will hold a
press conference to announce the results of a joint investigation
culminating with the arrests of a number of OCA employees as well as
private individuals, tomorrow, Thursday, March 1, at 11:00AM, 19th
floor, 350 Jay St., Brooklyn. # # # |
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043
PRIVATE COMPANIES CHARGED
WITH BRIBING PUBLIC EMPLOYEES
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| 044
February 28, 2001
. Kings County District Attorney Charles J. Hynes,
last night, posthumously promoted Deputy Assistant District Attorney
Sumner Lark, an African-American who worked in the District Attorneys
Office from 1923 to 1927, to Assistant District Attorney.
Lark, despite an extensive background in the practice of law, was
paid less than the average Kings County Assistant District Attorney at the
time and official records show no raise or promotion for him during his
time with the Office. We can never restore to Sumner
Lark himself the honor and prestige that was denied to him in 1923 by the
failure of this office to appoint him as an Assistant District
Attorney, Mr. Hynes said at the ceremony, which was attended by
descendants of Mr. Lark. But we can honor his memory and his family by
acknowledging his many accomplishments and by posthumously appointing him
to the public office that should have been his nearly 80 years ago.
A graduate of Howard University in 1897, Lark
began his distinguished career as a teacher of physics and
chemistry at Haines High School in Augusta, Georgia. In 1900, at the age of 27, he migrated from Augusta, Georgia
to Brooklyn and established what was to become a successful and prosperous
printing business, including publishing a weekly newspaper, The Eye.
Years later, in his application to be admitted to the Bar, he wrote in his own hand
that he had never been
employed because he had been
an employer for 15 years. In 1913, at the age of 39, Mr. Lark
entered Brooklyn Law School. He graduated in 1916, and was admitted as an
attorney later that year with a personal letter of support Dr. Booker T.
Washington. But just before his graduation, in 1915, Summer Lark
wrote an essay entitled, New York Negro Lawyers for the Souvenir
program of the celebrated National Negro Exposition held in Richmond VA.
Commissioned by Congress. The
Exposition commemorated the achievements of African Americans in the 50
years since the signing of the emancipation proclamation. Folded into an upbeat essay celebrating the
accomplishments of African-American lawyers, Mr. Lark struck another note
when he tactfully declared that to enjoy the fullest measure of
citizenship, African-American people would need lawyers. Their struggles
thus far, he wrote, had created a demand for a galaxy of attorneys in
the State of New York, second to none in the Union. Summing up his
position, he concluded: He who would have liberty, must be vigilant; he who would
get his rights, must have a lawyer.
Mr. Lark was speaking from experience. In his Bar application he
revealed that he too had repeatedly needed legal services to protect his
rights. He had sued on multiple occasions for discrimination in public
places and to resolve contract disputes in his printing business. When the
application went on to ask him to state fully his reasons for becoming a
lawyer, he began quite frankly -- to better protect my business and
civil rights. His plan for the future in the legal profession was more
altruistic he promised -- " [to] Render unstinted services to those
needing conscientious legal aid, exacting reasonable fees for my services
and honestly helping those unable to pay." In 1923, at the age of 49, Mr. Lark
sought an appointment in the Brooklyn District Attorney's Office.
He was following in the footsteps of the legendary Rufus L. Perry,
a prominent African-American attorney, who, in 1895, was most likely the
first African-American to become an Assistant District Attorney for Kings
County. On January 1, 1923, seventeen
attorneys were appointed to positions in the Kings County District
Attorney's Office by Brooklyn District Attorney John E. Ruston. Thirteen
of them were appointed as Assistant District Attorneys, one at a salary of
$5,000 per year, and the remainder at salaries between $6,000 and $12,000
per year. In spite of his background and
seven years experience, Mr. Lark was appointed only as a Deputy Assistant
District Attorney of Kings County at a salary of $4,000 per year. The
official record reflects that he was one of four Deputy Assistant District
Attorneys, one of whom was a woman whose salary was even less than Mr.
Lark's.
In January 1924 Summer Lark was listed in the official records as
one of five Deputy Assistant District Attorneys, still earning the same
salary, and still being paid less than the Assistant District Attorneys in
the office. By the end of 1924, the record no longer reflects Mr. Lark's
employment by the District Attorney's Office. Tonight we welcome Sumner Lark
into the ranks of Assistant District Attorneys of Kings County, Hynes
concluded. And, I truly hope that this appointment will bring about a
long overdue "unfolding of justice" that will honor his memory
and bring honor to his family and the entire African-American
community. KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES While
I have the utmost respect for the constitutional right to bail, the
release on his own recognizance of Police Officer Joseph Gray is a perfect
example of why a District Attorney should have the same ability to appeal
a bail decision as his Federal counterpart. The
Gray case is a compelling reason to move forward on legislation, which I
have advocated for more than 10 years, that would allow a summary appeal
to a higher court, in a timely manner, by the prosecution. Federal Courts allow a summary review of a judges bail decision. BROOKLYN POLICE OFFICER INDICTED IN VEHICULAR DEATH OF
THREE
August 10, 2001.... Kings County District Attorney Charles J. Hynes
announced today the indictment accusing a Brooklyn police officer of
manslaughter and other charges involving the vehicular deaths of a
pregnant Brooklyn mother, 24, her son, 4, and her sister, 16.
A nine-count indictment filed on August 9, 2001 in Supreme Court,
Kings County names Joseph Gray, 40, a resident of Staten Island.
Gray is accused of the following charges: Manslaughter in the
Second Degree (three counts); Vehicular Manslaughter in the Second Degree
(three counts); Driving While Under the Influence (two counts); Reckless
Endangerment; Reckless Driving; Speeding: Red Light Violation.
The most serious charge, Manslaughter in the Second Degree is a
Class C felony punishable by a maximum prison term of 15 years.
The press and public are advised that this indictment is not
evidence of guilt. It is the accusatory instrument by which these criminal
proceedings are commenced. The indictment charges that on August 4, 2001, Gray, while driving a motor vehicular while under the influence of alcohol, drove through a red light, in excess of the speed limit, and struck and killed Maria Herrara, 24, her son Andy Herrara, 4, and sister Dilcia Pena, 16.
If found guilty on all
charges Police Officer Gray faces a maximum of 15 years in jail.
Current law provides that a person found guilty of the death of
more than one person arising out of a single event cannot be punished for
the death of more than one victim, said District Attorney Charles J.
Hynes. The case provides an example of why the legislature should
consider a change in the law so that a person found guilty may be punished
for the death of each victim.
Justice Neil Firetog arraigned Gray on the indictment and set bail
in the amount of $250,000/ $250,000 and set a return date of September 24,
2001.
The case is being prosecuted by Deputy District Attorney Joseph
Petrosino and Assistant District Attorney Unit Chief Maureen McCormick,
Trial Division Operations.
A copy of the indictment is available. BROOKLYN MAN SENTENCED FOR SODOMY AND OTHER SEXUAL ATTACKS April
11, 2001
. Kings County District Attorney Charles J. Hynes announced
today the sentencing of a Brooklyn man for Sodomy and other offenses
involving the sexual abuse of a teen-aged female.
The defendant, Lawrence Mccowen, 44, of 1722 Caton Avenue, Brooklyn
was convicted on March 27, 2001, of the following charges: Sodomy in The
First Degree (three counts); Sexual Abuse in The First Degree (three
counts); Assault in The Second Degree; Petit Larceny and Menacing in The
Third Degree.
McCowen was sentenced to serve a prison term of 75 years to life.
The charges were read in Supreme Court, Kings County as follows:
Sodomy in The First Degree (three counts): 25 years to life; to run
consecutive.
Sexual
Abuse in The First Degree (three counts):
25 years to life; Assault in The Second Degree: 12 years to life; Petit
Larceny: 1 year; and Menacing in The Third Degree: 90 days; to run
concurrent.
"The victim in this case has been scarred for life,"
District Attorney Hynes said. "This substantial prison term is just
punishment for these terrible crimes."
The most serious charges, Sodomy in the First Degree is a Class B
Violent felony punishable by a maximum prison term of 25 years to life.
On April 10, 2001; McCowen was convicted by a jury that had for
deliberated 8 hours after a 2-week trial in Supreme Court, Kings County
before returning the guilty verdict.
The jury found that McCowen touched his penis to the vagina of a
17-year-old female by means of forcible compulsion and forced the victim
to engage in oral sex with him.
He also did cause the victim to sustain a black and blue eye,
suffer swelling to her jaw, and be in fear of serious physical injury and
death
The
incidents occurred first on April 30, 2000 at 416 Ocean Avenue and inside
of Prospect Park between the hours of 3:00 A.M. and 5:00 A.M.
On
April 10, 2001, McCowen was sentenced by Justice Albert Tomei who presided
over the case. Assistant District Attorney Douglas Appel, Sex Crimes and Special Victims Bureau prosecuted the case. FORMER
UNITED
NATIONS SECURITY GUARD
April 12, 2001.... Kings County District Attorney Charles J. Hynes
today announced the conviction of a former United
Nations International School security guard for the murder of his
estranged wife.
The defendant, Michael Crisp, 44, of 2940 W. 33rd St.,
Brooklyn, was found guilty of murdering Diane Bluford, 43. He was
convicted of Attempted Murder in the Second Degree and Assault in
the First Degree, both B felony charges, as well as Aggravated
Criminal Contempt. Crisp faces up to 25 years in prison for each of the
B felony charges and up to 7 years for the Contempt charge. The
sentences will run concurrently.
"Can there be any more tragic situation than that where a
domestic violence victim succumbs to empathy for their partner and then is
re-victimized in such a horrific manner, Hynes said. Crisp,
in 1998, had attempted to choke Bluford with a dog chain, and on May
7,1999 had threatened hiss wife with a machete. On May 8, 1999, Bluford
obtained a court order of protection against Crisp after he damaged their
apartment and destroyed Blufords personal belongings. He then enrolled
in an anger-management class and used his enrollment to convince Bluford
to reinstate the relationship.
The jury deliberated less than 5 hours after a one-week trial in
Supreme Court, Kings County before returning the guilty verdict.
Crisp will be sentenced on May 8, 2001 by Justice Matthew DEmic
who is presiding over the case.
GAMBLING GRANDPA
April 1, 2001
Kings County District
Attorney Charles J. Hynes today announced that Detective Investigators
from his office had busted a financial district sports gambling ring run
by a 74 year old Queens resident that took in more than $26 million
dollars a year in illegal sports gambling.
The NCAA semi-finals guarantee that we will find an operation
that believes it has slipped under the radar, Hynes said.
Irving Kaff, 74 of Queens and Richard DiLorenzo, 51, of McClean
Ave., Staten Island, were busted late last night at 139 Fulton St., New
York. The pair operated out of Suite 314 in that location, behind a door
marked Citi Electric.
Kings County District Attorney Detective Investigators, DIs,
found more than $43,000 dollars worth of gambling slips in the pairs
possession. The Investigators also confiscated the sophisticated hardware
of the operation including computers, cell phone, 9 telephone land
lines equipped with answering machines to record bets.
As the DIs were conducting the raid, Gary Casazza, 44 also of
Staten Island, entered the premises and was immediately arrested. Casazza
carried more than $106,000 in gambling receipts.
Kaff, DiLorenzo and Casazza were all charged with Promoting
Gambling in the First Degree, Possessing Gambling Receipts ion the First
Degree and Conspiracy. The trio could face up to twelve years
in prison apiece if convicted of all charges. They are due to be
arraigned this evening.
CONVICTED
OF MURDER OF BROOKLYN SOCIAL WORKER STUDENT May
16, 2001.... Kings County District Attorney Charles J. Hynes announced
today the conviction of a Brooklyn man of murder and other charges
involving the stabbing death of Amy Watkins, a Brooklyn social worker
student.
The victim in this case was a young woman who was on the path to
a career of helping others," District Attorney Hynes said. "This
was a heinous crime to which I will strongly recommend imposition of the
maximum penalty."
The defendant, David Jamison, 27 of 126 Sterling Place was found
guilty today of the charge, Murder in the Second Degree, a Class A-I
felony punishable by a maximum prison term of 25 years to life and Robbery
in the First Degree.
The jury deliberated over the course of three days before returning
the guilty verdict in Supreme Court, Kings County following a one-week
trial.
The jury comprised of 10 men and 2 women found that Jamison, on
March 8, 1999, grabbed a pocketbook from Amy Watkins, 26, and stabbed the
victim in the back, causing her death.
The incident took place at approximately 9:45 p.m. on Park Place
between Vanderbilt and Underhill in Prospect Heights.
Jamison will be held without bail awaiting sentencing on June 5,
2001. Justice Michael Juviler is presiding over the case. BROOKLYN MAN INDICTED FOR MURDER OF A COLLEGE STUDENT May
22, 2001.... Kings County District Attorney Charles J. Hynes announced
today the arraignment on an indictment accusing a Brooklyn man of the
murder of a St. John's University student.
A 3 count Indictment filed on May 3, 2001 in Supreme Court, Kings
County names Carmine Galante; 24, of 1316 72nd Street,
Brooklyn.
The indictment states that Galante, on or about April 4, 1999, at
approximately 3:45 A.M., at 9060 Fort Hamilton Parkway, Brooklyn, did
intentionally stabbed William Manolis to death with a knife.
According to Dr. Sampson of the Kings County Medical Examiner's
Office, Mr. Manolis sustained a stab wound to the chest, penetrating his
heart, thereby causing his death.
Galante
is accused of the following charges: Murder in the Second Degree (two
counts) and Criminal Possession Of a Weapon in the Fourth Degree.
"This senseless crime robbed the Manolis family of their
son, District Attorney Hynes said. My office will vigorously
prosecute this case and will strongly recommend imposition of the maximum
penalty if the defendant is convicted".
The most serious charge, Murder in the Second Degree is a Class A-I
felony punishable by a maximum prison term of 25 years to life.
The press and public are advised that this indictment is not
evidence of guilt. It is the accusatory instrument by which these criminal
proceedings are commenced.
Justice Neil Firetog arraigned Galante on the indictment today in
Supreme Court, Kings County.
Senior Assistant District Attorney Mark Hale from the Homicide
bureau is prosecuting the case. 2 CHARGED IN CARPET CLEANING SCAM May
3, 2001
Kings County District Attorney Charles J. Hynes announced today
the arrests of two individuals
charged with defrauding many consumers in a City-wide home carpet cleaning
scam.
Arrested today were Avraham Karadi, also known as Anthony Bin
David, and Joseph Zevuloni, also known as Joseph Esposito.
The two are charged with running a carpet cleaning company under
the name of Carpet Cleaning, Inc., and systematically overcharging and/or
stealing rugs, carpets, and draperies after home visits to consumers.
The victims live in Brooklyn, Manhattan, and Staten Island.
In one instance typical of the defendants practices, an Oriental
rug worth over $15,000 was removed from a consumers home for cleaning,
and then lost. In other instances, consumers were overcharged by thousands
of dollars only to have their carpets and drapes returned without having
been cleaned at all.
In addition, a search warrant was executed this morning at the
offices of Carpet Cleaning, Inc. at 8801 Ditmas Avenue, Brooklyn.
The arrests and search cap a twelve-month long investigation by the
Kings County District Attorneys Office into complaints of fraudulent
practices spanning a two-year period by Carpet Cleaning, Inc, as well as
other corporate names under which Bin David and Zevuloni worked, such as
Kleins Carpet Company, All Star Carpet, 3 Star Carpet, Big Apple Carpet
Cleaning, Dr. Carpet, and Fussy Carpet Cleaning.
Some of the corporate names used by the two appeared to be
deliberately identical or similar to those of legitimate carpet cleaning
companies, none of which have been implicated in the scam.
Todays actions demonstrate that abusive and predatory
practices by illegitimate carpet cleaning operations will not be
tolerated, District Attorney Hynes said, and that consumers will be
protected from fraud.
Karadi
and Zevuloni were charged with two counts of Grand Larceny in the Third
Degree, a Class D felony punishable by a maximum of two and one-third to
seven years imprisonment, two counts of Grand Larceny in the Fourth
Degree, a Class E felony punishable by a maximum of one and one-third to
four years imprisonment, two counts of Scheme to Defraud in the First
Degree, also a Class E felony punishable by a maximum of one and one-third
to four years imprisonment, and six counts of Petit Larceny, a Class A
misdemeanor punishable by up to one year in jail.
The charges pertain to crimes allegedly committed against ten
separate consumers. More
charges involving additional victims may be developed as the investigation
progresses.
The press and the public are advised that these charges are not
evidence of guilt, and are the means by which criminal proceedings are
commenced.
Karadi, 33, resides at 917 Cliffside Avenue, Woodmere, New York.
Zevuloni, 28, resides at 1459 Northwest 126th Lane,
Sunrise, Florida.
Assisting the Kings County District Attorneys Office in this
investigation were the New York City Department of Consumer Affairs and
the Brooklyn office of the New York State Attorney General.
The case is being prosecuted by Assistant District Attorneys Gavin
Miles and Patrick Cappock with the assistance of Detective Investigator
Kim Carter and Financial Investigator Monroe Hollander, under the
supervision of Melissa Jackson, Deputy District Attorney, Rackets
Division. CON MAN EXPLOITS MISSING CHILDREN May
2, 2001
. Kings County District Attorney Charles J. Hynes today
announced the arrest of David Garber, a 53 year old resident of El Paso,
Texas, for his involvement in a scam that netted him tens of thousands of
dollars while exploiting the plight of missing children.
Garbers victims were trusting and unsuspecting storekeepers
in Brooklyn and elsewhere in New York City, who believed that Garbers
mission was to help missing children, Hynes said. And all he did was
line his own pockets with their good intentions.
Garber, who was convicted in 1997 in Staten Island of charges
involving a similar scheme, would go to stores claiming that he
represented an organization called the Police News. The mission of the
Police News, according to Garber, was to publicize the plight of missing
children and help to find them. Furthermore, he misled his victims by
claiming to be a police officer, a retired police officer, or by stating
that he was working in cooperation with the police and that donations
would be used to help locate these children.
In some instances, Garber made multiple visits to victims. One
person interviewed has been donating money for almost ten years. Another
victim donated more than $2,000 over the past five years.
Certificates to donors were often issued and, on occasion,
the logo of the National Center for Missing and Exploited Children was
printed on the back of the certificate.
Extradition
papers filed with Texas authorities charge that Garber committed the
crimes of Scheme to Defraud to Fraud in the First Degree, Criminal
Impersonation in the First Degree, Grand Larceny in the Fourth Degree, and
related offenses. Garber
faces up to four years in prison for these crimes.
The
investigation began late last year, when detectives from the Police
Impersonation Investigation Unit of the Internal Affairs Bureau of the
NYPD were alerted to Mr. Garbers activities. The
National Center for Missing and Exploited Children was also alerted. The
detectives and assistant district attorneys from the Kings County District
Attorneys Rackets Division were able to locate a number of victims of
the scam. Detective
Thomas Bellino of the NYPD Impersonation Squad, Deputy Chief John Moakley
of the Internal Affairs Bureau, the police department of El Paso, Texas,
KCDAO Deputy Bureau Chief Jeffrey Ferguson and ADA Dennis Ring
investigated the case. STATEMENT FROM DISTRICT ATTORNEY CHARLES J. HYNES A
motion to dismiss charges against Anthony Faison and Charles Shepherd,
filed by attorney Ronald Kuby on April 30, 2001 and returnable to the
court on June 21, 2001, contained information not previously included in
similar motions filed by attorneys for these men. During
the past two weeks, witnesses were interviewed establishing the innocence
of these men and forensic evidence that was examined lead to the arrest of
another individual for the crime charged against Mr. Faison and Mr.
Shepherd.
This office then moved
immediately to ask the court that their case be advanced to be today
dismissing the charges against these two men. And to Mr. Faison and Mr. Shepherd I would like to say that as a society, we are all diminished when an innocent person spends time in jail for a crime they did not commit. CONVICTED OF MURDER IN FATAL CAR CRASH ON BELT PARKWAY June
21, 2001.... Kings County District Attorney Charles J. Hynes announced
today the conviction of a Brooklyn man of Murder in the Second Degree
involving a fatal car crash on the Belt Parkway.
Let this be a clear message to the these high-octane terrorists
on the Belt Parkway and everywhere in Brooklyn, that you will be penalized
in a similar fashion for this kind of behind-the-wheel bedlam, District
Attorney Hynes said.
The defendant, Jon Paul Lazartes, 21 of 2269 Ryder Street was found
guilty today of the charge, Murder in the Second Degree, a Class A-I
felony punishable by a maximum prison term of 25 years to life.
The jury deliberated over the course of two and a half days before
returning the guilty verdict in Supreme Court, Kings County following a
two-week trial.
The jury found that Lazartes, on January 16, 2000 was traveling in
a 1995 beige Mercedes Benz on the Belt Parkway at speeds in excess of 100
miles per hour. Lazartes was
racing a red Mercedes Benz that was also traveling at speeds in excess of
100 miles. Lazartes vehicle then collided into the rear of a 1993 Honda
Prelude. Lazartes vehicle pushed the Honda 386 feet into a gas
station where it struck the pumps and collided with a 1999 Lincoln pushing
the Lincoln an additional 212 feet. Two passengers in the Honda, Michael
Lebel and Yvonne Rodriguez were crushed to death and 9 others were
injured.
The incident took place at approximately 4:00 a.m. on the eastbound
section of the Belt Parkway near Flatbush Avenue.
Lazartes will be held without bail awaiting sentencing on July 26,
2001. Justice Gary is presiding over the case. The case was prosecuted by Executive Assistant District Attorney Maureen McCormick and Assistant District Attorney David Lackowitz, Trial Bureau Red. NEWEST IMMIGRANTS IN WORLDS OLDEST PROFESSION June
7, 2001
. Kings County District Attorney Charles J. Hynes today
announced the arrests of 19 individuals, many newly arrived immigrants,
for prostitution and other charges following a nine-month investigation
into Escort services in Brooklyn primarily run by Russian nationals.
The escorts services were, in fact, prostitution rings, operating out of
residential buildings where, in at least one location, clients were
videotaped without their knowledge. Some of the defendants carried
Russian, Chilean and Israeli passports.
The pimping of women for sex is reprehensible enough, Hynes
said, but using immigrant women, newly arrived to this country for
these purposes, is despicable.
Investigators arrested 7 men and 12 women and charged them with
Promoting Prostitution (a D Felony), and Prostitution (a B misdemeanor)
among other crimes. The
District Attroneys office launched the investigation after
investigators noticed a growing number of advertisements in
Russian-language newspapers for escort services and girls wanted
as escorts. Two undercover, female detective investigators from the
District Attroneys office answered a number of these advertisements and
met with prospective employers.
It was made immediately clear to these investigators during
their initial interviews that they were to provide sex acts to
clients. Hynes said.
At the same time, male detective investigators phoned the
advertised services and arranged to meet their escorts at various
locations throughout Brooklyn. The operators of the escort services, in
recorded conversations with KCDAO investigators, immediately offered sex
and gave the price range for specified sex acts.
The businessmen who ran these operations were entrepreneurs who
sold sex they are nothing more than pimps. Hynes said.
Investigators seized a variety of evidence including computers,
personal phonebooks, videotaping equipment and adult sex toys.
The locations of the services and the defendants arrested at those
locations are listed below. #
1: DREAM
ESCORT SERVICE (Out Call Service) Name/Address
DOB
Charges Gennadi
Perlushenko 11/14/64
Promoting Prostitution 3 Vladimir
Shulman
01/29/63
Promoting Prostitution 3 #
2: RUSSIAN
BEAUTY ESCORT (Out Call Service) Name/Address
DOB
Charges Mikhail
Kipnis
11/9/74
Promoting Prostitution 3 Natalia
Litvonova
10/2/61
Prostitution Zhannetta
Zabayeva 1/27/66
Prostitution Vadim
Nazaroff
2/18/64
Promoting Prostitution 3 #
3: ILONA
ESCORT SERVICE Name/Address
DOB
Charges Inna
Androsova
1/29/71
Prostitution Lyubov
Parygina
7/29/71
Promoting Prost 3 Faustina
Gunderson 8/23/72
Prostitution #
4: NEW
AMAZONS ESCORT SERVICE Name/Address
DOB
Charges Marina
Bojko
11/10/76
Prostitution Yelena
Lobanoba
6/4/78
Prostitution Imas
Marina
7/26/64
Promoting Prostitution 3 #
6: KITTY
ESCORT SERVICE Name/Address
DOB
Charges Irene
Kalabouchova 1/20/63
Promoting Prostitution 3 Sergy
Lepkus
11/10/70
Promoting Prostitution 3 #
7: SWEET
CHERRY ESCORT SERVICE ARRESTS: Name/Address
DOB
Charges Maxim
Skurydin
10/21/78
Promoting Prostitution 3 Magarita
Kremer
10/24/77
Promoting Prostitution 3 Janna
Berdenko
5/9/50
Prostitution #
8: ROYAL
DREAM ESCORT SERVICE ARRESTS: Name/Address
DOB
Charges Pavel
Royblat
11/20/70
Promoting Prostitution 3 #
9: CHARMING
AND BEAUTIFUL ARRESTS: Name/Address
DOB
Charges Nadejda
Malakhova 03/04/52
Promoting Prostitution 3 Carlos
Garces
6/29/43
Promoting Prostitution 3 The entire investigation was conducted solely by the Kings County District Attorneys Rackets Bureau and Detective Investigators from the Kings County District Attorneys Office. Remarks of Deputy District Attorney Joseph Petrosino and Arraignment of Police Officer Gray. August 10, 2001. Your honor, since our bail request was denied in Criminal Court, the following circumstances have changed: · The Kings County Grand Jury has heard non-hearsay testimony and returned an indictment charging the defendant with 3 counts of Manslaughter in the Second Degree and other charges. · We have now established that the defendant's blood alcohol content 3 hours after his arrest and 4 hours after the collision was .16 - still 3 times the level of legal impairment after his body had 4 hours to metabolize the alcohol. · The allegation is now supported by the admissible chemical analysis of the defendant's blood from the night of the collision. At the Criminal Court
arraignment it was argued that this defendant was a responsible police
officer and a responsible member of the community. Since that time we have learned a number of disturbing things about the defendant: ·
We have learned that immediately following his tour of duty on the
midnight shift of August 4th, this defendant started on an all
day drinking binge. · We have learned that he was drinking beer in the parking lot of the 72nd precinct beginning at 8:00 A.M. · We have learned that in the early afternoon of August 4th, the defendant went to the Wild, Wild West Strip Club - a club that was specifically off limits to the 72nd precinct police officers. · We have learned that the defendant continued to drink at that off-limits club well into the evening of August 4th. ·
We have learned that he apparently never went home and he never
slept even though he was scheduled to be working the midnight shift again
that night. These are not the acts of the loving family man and responsible police officer portrayed at the criminal court arraignment. These acts demonstrate an irresponsibility that is unworthy of the public trust that is placed in a member of this country's greatest and most dedicated police force. Had this "officer" made it to work on the night of this incident, he would have turned out for duty in an intoxicated condition with a loaded firearm and no sleep. These
are the irresponsible acts of a man who cannot be trusted to act
responsibly. While the statutes in this case do not mandate jail time your
Honor, the facts of the case demand nothing less. Any police officer who has betrayed his badge and finds
himself going to jail faces particular difficulties behind bars. The
People argue in this case that those difficulties alone constitute a
substantial reason for this defendant to flee. But in the case of this defendant, the flight risk is magnified tenfold by the lack of responsibility already demonstrated by the defendant's behavior. This is a man whose career is over. His future employment is questionable. By these allegations he has disgraced himself and the department - and he has done so in a manner that has illustrated the defendant to be a selfish, irresponsible, reckless individual who apparently does not think before putting his own interests above those of society, his family or the police department. Therefore, flight is a substantial risk in the case and justifies bail in the amount of $500,000. While I understand the emotional pleas expressed by the Herrera family and the level of grief they are experiencing, the law is very clear about my powers concerning additional charges against Police Officer Joseph Gray. This is not a judgment call on my part. The Office of Chief Medical Examiner did not issue a death certificate for the child. They issued a Certificate of Spontaneous Termination of Pregnancy, listing the child as a fetus. The law of this State is clear. In order to charge a homicide, a person must be born alive. It was the determination of the Medical Examiner that this baby was not born alive. Therefore, no homicide charge could be brought under New York State law. KINGS COUNTY DISTRICT ATTORNY CHARLES J. HYNES CLOSES INVESTIGATION OF CHRISTMAS EVE SHOOTING August 24, 2001
.Kings
County District Attorney Charles J. Hynes announced today the closing of
an investigation involving the fatal shooting by off-duty New York City
Police Detective Michael Zeller during the course of a robbery at the
Two Flags Deli and Grocery last Christmas Eve.
The case will not be presented to a grand jury.
An investigation by this office into the shooting by Detective
Zeller has determined that his actions were justified in protecting
himself and others in the store, said District Attorney Hynes.
The incident occurred on December 24, 2000, when Jonathan Lynch and
James Culbersome entered the Two Flags Deli and Grocery and
announced a robbery while displaying a loaded .22 caliber handgun.
During the course of the robbery, Detective Zeller, who was in the
deli with his wife, 3-year-old daughter and 5 month-old infant, fired his
gun at the two men, ultimately killing them. An investigation concluded that Detective Zellers actions during this shooting were a justified use of deadly physical force. CAPO
AND SOLDIER IN GENOVESE ORGANIZED CRIME FAMILY AMONG 24 INDIVIDUALS
INDICTED FOR CONSPIRACY AND EXTORTION 11
auto parts business also charged September
6, 2001
District Attorney Charles J. Hynes and Police Commissioner
Bernard Kerick, New York City Police Department announced today the
unsealing of a 105-count indictment that charges 24 individuals
-- including a Captain in the Genovese Organized Crime Family of
the La Cosa Nostra and 11 retail used auto parts businesses operating in
four counties for their alleged roles in a wide ranging conspiracy to
profit from the distribution and resale of contraband automobile parts.
The indictment also names the same Genovese Captain, one Genovese
soldier or made member, and three others in connection with their
alleged roles in a separate extortion and extortion conspiracy.
Specifically,
the indictment charges that the six defendants Federico Fritzie
Giovanelli, Ernest Junior Varacalli, Jr., John Varacalli, Camille
Serpico, Deo Ramesar, Alex Bardales, Ernie Williams, Dino Aquilano, James
Ruggiero, John Faraci, Thomas Lynagh, Ralph Serpico, John Leva, George
Kirschbaum, Richard Henry, Anthony White, Michael DAngelo, Alberto
DAngelo, Filippo Sacco, Phillip Sacco, Kevin Cioffi, Edward Dance,
Robert Pace, Edward Puglisi, Carajo Holding Corporation; Angle Auto Parts
Inc. (hereinafter Angle), J & R Used Auto Parts, Inc. d/b/a/ Newark
Automotive Recycling, F & S Auto Parts, Inc.,
Richmond Auto Salvage, Inc., A & G Auto Dismantling, Inc.,
A-Best Used Auto Parts, Inc., DAngelo Auto Sales & Parts, Corp.,
Sacco Auto Sales and Parts Corp., Ace Auto Salvage & Scrap Metal,
Flatlands Auto Sales Inc., Kings County Salvage, Inc., each aiding the
other and acting in concert, of the crime of Conspiracy in the Fifth
Degree, in violation of Penal Law Section 105.05(1), committed in Kings
County and elsewhere, created scores of false business records and
conspiracy to falsify those records in an effort to conceal the illicit
nature of the origins of the used auto parts they sold between September
2000 and May 2001. Many of
the defendants are also charged with multiple counts of Falsifying
Business Records in the First Degree, in violation of Penal Law Section
170.10, a class C felony. The
fifteen-month investigation uncovered evidence that between September 1,
2000 and May 17, 2001, the members of the Conspiracy and others operated a
contraband auto parts distribution network in Kings, Queens, Richmond, and
Nassau Counties. The
contraband auto parts were originally obtained by members of the
conspiracy through motor vehicle insurance fraud, motor vehicle theft,
motor vehicle part theft and illegal motor vehicle dismantling activities.
It
is alleged that the members of the Conspiracy included an Organized Crime
Family member who controlled and protected a Chop Shop commonly
known as Angle Auto Parts Inc., located on Foster Avenue, Brooklyn; an
owner and the manager of Angle Auto Parts Inc., who supervised the
day-to-day running of the Chop Shop and a crew of auto dismantlers
or cutters and yard men; thieves known as steal men or
bag men; and a distribution network of receivers or customers
for the stolen or fraudulently obtained auto parts.
The
Organized Crime member, Federico Fritzie Giovanelli, acted as a
silent partner in illegal activities at Angle Auto Parts and had an
interest in the business in return for his permission to operate and his
protection from others seeking to encroach upon the business.
Ernest Junior Varacalli, Jr. , an owner/manger of Angle Auto
Parts is an Associate of and on record with Federico
Giovanelli. Ernest
Junior Varacalli, Jr. was
responsible for the day-to-day running of Angle Auto Parts.
Ernest Junior Varacalli, Jr.
managed the cutters and steal men with the assistance, at times, of
his son, John Varacalli. Ernest Junior Varacalli, Jr., managed, concealed
and preserved the illicit proceeds of the Angle Auto Parts with the
assistance of his wife, Camille Serpico.
Ernest
Junior Varacalli, Jr. placed
orders with steal men for particular parts from vehicles by year,
make and model. The steal men
were paid by salary, retainer or on consignment by the part.
Of particular importance to the success of the Criminal Enterprise
was the theft and resale of air bag passenger restraint systems. The stolen parts were delivered to Angle Auto Parts for
prompt resale. In order to
decrease scrutiny of law enforcement, Angle Auto Parts maintained a modest
on-site air bag and stolen part inventory.
Ernest
Junior Varacalli, Jr., also accepted delivery at Angle Auto parts of
motor vehicles voluntarily surrendered to intermediaries by the owners for
the purpose of committing insurance fraud.
The vehicles were then dismantled, stored and delivered to
customers by yard men or cutters, including but not limited to
Deo Ramesar, Alex Bardales and Ernie Williams. Upon completion of the dismantling process, Ernest Junior Varacalli, Jr. caused the owner of the vehicle to be notified that the vehicle had been dismantled thereby enabling the owner to fraudulently report the car stolen. In
order to conceal the illicit nature of the origins of the parts, Angle
Auto Parts and its Customers routinely failed to make entries in logs,
registers or books as required by law thereby thwarting efforts of law
enforcement to abate the conduct. The
indictment also charges defendants Federico Fritzy Giovanelli, Alex
Conigliaro, Ernest Junior Varacalli, Jr. and John Varacalli, each
aiding the other and acting in concert with others, of the crimes of Grand
Larceny in the Second Degree, (PL §155.40(2)), a Class C Felony,
Grand Larceny in the Third Degree (PL §155.35) a Class D Felony and
Conspiracy in the Fourth Degree, in violation of Penal Law Section
105.10(1), committed in Kings County and elsewhere in that they stole
money from a person under threat of bodily harm.
In
announcing the indictment, District Attorney Hynes praised the efforts of
the Kings County District Attorneys Rackets Division and of the New York
City Police Department Auto Crimes Division (ACD).
This prosecution, District Attorney Hynes said, is the
product of a joint investigation by attorneys in the Rackets Division and
members of the New York City Police Department Auto Crimes Division into
the activities of long-time Genovese Family associate Ernest Varacalli.
The investigation revealed that Mr. Varacallis conduct was sanctioned
by Genovese Captain Federico Fritzy Giovanelli.
For too long the hard-working citizens of Brooklyn have been
victimized by auto larceny. Anyone
who has ever been victimized by auto larceny can attest to the very real
practical hardship and sense of violation resulting from auto theft.
This cancer has caused those citizens to pay some of the highest
automobile insurance rates in the country. This investigation revealed
that an organized network of used auto parts dealers who profited from the
sale of contraband automobile parts. This investigation and prosecution
demonstrates our abiding commitment to bringing an end to the livelihoods
of these organized bands of criminals who prey on the citizens of
Brooklyn. District
Attorney Hynes commended the efforts of all investigators who participated
in the case, including Inspector James Dean, Lieutenant Robert Borrelli
and Detectives Scott Munro and Ralph Grasso assigned to the ACD as well as
all the members of that investigative squad. Mr. Hynes also stated that the investigation is continuing
and that he expects to submit additional charges to the grand jury.
If
convicted of all charges, the defendants face varying sentences depending
on their prior criminal histories. Falsification
of Business Records in the First Degree is a class C Felony.
Conspiracy to Falsify Business Records in the First Degree,
Conspiracy in the Fifth Degree is a class A misdemeanor.
Grand Larceny in the Second Degree is a class C Felony. Grand
Larceny in the Third Degree is a class D Felony. Conspiracy to
Commit Grand Larceny in the Second Degree, Conspiracy in the Fourth Degree
is a class A misdemeanor.
The
defendants were arraigned before Supreme Court Justice Michael Gary in the
Supreme Court of Kings County, Criminal Term, Part 10.
The specific charges handed up by the Grand Jury and the bail
status of each defendant are set forth in a table attached to this
release. That table also sets
forth pedigree information and defense attorney contact information.
The
Peoples case is being prosecuted by Executive Assistant District
Attorney Christopher P. Blank and Assistant District Attorneys Eileen
Ayvazian and Steven Kramer, Counsel, Rackets Division.
Pedigree information for the defendants is as follows:
THIRTEEN
GANG MEMBERS INDICTED FOR REIGN OF TERROR IN GOWANUS HOUSES
September
6, 2001
..Kings County District Attorney Charles J. Hynes announced
today the indictments of 13 members of two factions of the Bloods gang
that conducted a reign of terror throughout the Gowanus Houses for years.
Charges include murder and drug dealing.
Innocent residents of the Gowanus Houses lived in fear and under
siege by these gang members in their own community, said District
Attorney Hynes. This type
of gang violence will not be tolerated in Kings County.
The investigation began in October 2000, when members of the Kings
County District Attorneys Office Gang Bureau and investigators from the
New York City Police Departments Gang Squad began to look into areas of
Brooklyn where citizens were being targeted by organized criminal groups.
Between October 2000 and March 2001 the NYPD Brooklyn South Gang
Squad gathered information about the criminal activity in the Gowanus
Houses and uncovered that residents their were under a reign of terror by
narcotics dealers.
The investigation revealed two groups of the Mad Dog Bloods
reigning over separate areas at the Gowanus Houses. One group founded by
Robert (Bam) Price ran the Hoyt Street side of the houses while the Bond
Street side was run by another group founded by Ronald (Rah) Herron.
Between April and July 2001 numerous drug purchases were made by
undercover police officers. In
July 2001 a search warrant was executed and uncovered thousands of dollars
of narcotics, a loaded and operable firearm and drug paraphernalia.
Police Commissioner Bernard B. Kerik stated, thanks to
investigators assigned to the Gang Squad, these thirteen members of the
Bloods Gang face long prison terms. The
Bloods Gang were violent and created an atrocious environment for the
youth and other residents of Gowanus Housing Development.
We will work night and day to get gang members out of the Housing
Development so that the communitys residents can be safe. Robert
(Bam) Price, 25, OF 560 Baltic Street, has been indicted for Criminal Sale
of a Controlled Substance in the Third Degree, a Class B felony punishable
by a maximum prison term of 12 ½ to 25 years. Ronald
(Rah) Herron, 18, of 375 Williams Avenue, has been indicted for Murder in
the Second Degree and Criminal Sale of a Controlled Substance in the Third
Degree. The top charge,
Murder in the Second Degree is a Class A-I felony punishable by a maximum
prison term of 25 years to life.
Herron is accused of killing Fredrick Brooks, 19, in June 2001,
because he was dealing drugs without permission from the gang members.
Eight of the other gang members were indicted on charges of
Criminal Sale of a Controlled Substance in the Third Degree, punishable by
a maximum prison term of 25 years. The
three other gang members were indicted for Criminal Possession of a
Controlled Substance in the Third Degree, also punishable by a maximum
prison term of 25 years.
An additional
gang member from the Bond Street group is still wanted on charges of
Criminal Sale of a Controlled Substance in the Third Degree.
For those low-level dealers that were arrested and have drug
addictions, I am going to give them the opportunity to enter drug programs
if they want to clean themselves up, said District Attorney Hynes.
Without their addiction, they would not be on our streets
selling drugs, often times to support their habits. The
press and public are advised that these indictments and complaints are not
evidence of guilt. They are the accusatory instruments by which these criminal
proceedings are commenced.
The cases against the defendants were investigated by the NYPDs
Brooklyn South Gangs Squad, under the supervision of Inspector William
Tartaglia and members of the Kings County District Attorneys Office
Gang Bureau.
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES DECISION REGARDING
DEATH PENALTY IN FIRST DEGREE MURDER CASE
October 5, 2001
. Kings County District Attorney Charles J.
Hynes announced today that he will seek a sentence of life without parole
in the prosecution of Mark Rushion, indicted for First Degree Murder and
other charges involving the shooting death of a man in April of 2001 in
East New York.
Rushion, 24, formerly of 96 1/2 Fountain Avenue, Brooklyn, was
charged in a nine-count indictment with the intentional murder during a
robbery of Ivan Martinez, 17, on April 28, 2001.
I have concluded, after review and deliberation, that a sentence
of life without parole is the appropriate punishment to seek in this
case, District Attorney Hynes said.
This is the fifty-eighth First Degree Murder case in which District
Attorney Hynes has decided to seek a sentence of life without parole since
the capital punishment law took effect on September 1, 1995.
District Attorney Hynes has sought the imposition of the death
penalty in seven First Degree Murder cases.
In three cases, the defendants pleaded guilty; one was sentenced to
life without parole, another sentenced to 50 years to life and the third
was sentenced to 75 years to life. In
two other cases, the defendants were convicted of Murder in the First
Degree and sentenced to life without parole following a waiver of their
appeal, while another defendant was convicted of Murder in the Second
Degree and other charges and was sentenced to sixty-five years to life.
In the seventh case, the defendant, Darrell Harris, was sentenced
to death pending the outcome of an appeal.
The capital punishment law gives prosecutors 120 days from the
arraignment of a defendant on an indictment charging Murder in the First
Degree to determine whether to seek a sentence of death, life without
parole or a lesser penalty of 20 to 25 years to life in prison.
Rushion was arraigned on May 21, 2001, and the 120-day period was
to have elapsed on Monday, September 18, 2001.
At the request of his attorneys, the Court extended the period to
October 19, 2001.
District Attorney Hynes said his decision included the following
components: a comprehensive and objective analysis of the available facts
and evidence; a thorough review of the aggravating and mitigating factors
provided by the District Attorneys Office and defense counsel; and an
exhaustive review of the defendants background.
District Attorney Hynes said his decision followed a review of the
case by a Committee he has established of executives, supervisors, and
experienced trial attorneys.
I believe I am required by this statute to assess the
appropriateness of the death penalty on a case-by-case basis.
Therefore, this procedure will be followed in all cases involving a
First Degree Murder charge in order to carry out my obligation to the
citizens of Kings County to uphold the law in a fair-minded and
responsible way, District Attorney Hynes said.
Rushion is accused of the following charges: Murder in the First
Degree (one count); Murder in the Second Degree (three counts); Robbery in
the First Degree (two counts); Robbery in the Second Degree; Criminal
Possession of a Weapon in the Second Degree; and Criminal Possession of a
Weapon in the Third Degree.
The indictment charges that Rushion, on April 28, 2001,
intentionally caused the death of Martinez by shooting him with a handgun
during the course of a robbery. Martinez
died as a result of his wounds and injuries.
The incident took place in the early morning hours of April 28,
2001, at the corner of Liberty Street and Logan Avenue, East New York,
Brooklyn.
Rushion is being held without bail, awaiting trial in Supreme
Court, Kings County. The case
is assigned to the Honorable Plummer Lott of the Supreme Court, Kings
County, and the next court date is October 16, 2001.
The case is being prosecuted by Senior Assistant District Attorney
Lawrence Fredella of the Homicide Bureau.
DISTRICT ATTORNEY HYNES
HONORED AT THIRD District Attorney Charles
J. Hynes will be presented with the Man of the Year Award for his
display of outstanding leadership and dedication within our community by
the St. Rosalie-Regina Pacis Neighborhood Improvement Association.
WHO: Charles
J. Hynes WHERE:
Gargiulos Restaurant
WHEN: Thursday, October 18, 2001- 6:30 PM BROOKLYN
D.A. / DO I ARREST INDIVIDUAL IN $3,000 WELFARE THEFT October
31, 2001
.Charles J. Hynes, District
Attorney for Kings County, and Edward J. Kuriansky, Commissioner of the
City Department of Investigation (DOI), today announced the indictment
and felony arrest of Jason Bain, an employee of Goodwill Industries of
Greater New York and Northern New Jersey Inc., a City contracted vendor.
Goodwill has a current contract with HRA to provide welfare
clients with employment assistance and job training, including
performing skill assessments and providing job placement services. Bain,
who was arrested today at Goodwills program office located at One
Hoyt Street in the Downtown section of Brooklyn, has been charged with
stealing 29 welfare checks from clients of the Citys Human Resources
Administration (HRA), ranging in amounts from $35 to $245, and totaling
$3,080.00, According
to District Attorney Hynes, DOI began an investigation after receiving a
complaint from European American Bank (EAB), which alleged that in
February 2001, Bain deposited 20 City welfare checks, totaling
$1,820.00, into his personal EAB checking account. EABs initial
review determined that none of these checks were issued to Bain as the
payee. DOIs
investigation determined that Bain,
as part of his responsibilities as a Statistical Analyst at Goodwill,
was assigned to pick up supplemental welfare childcare checks from HRA
and distribute them to those clients attending the Goodwill job training
program in Brooklyn. These
checks are intended to supplement additional expenses that a client may
incur to care for their children during a school break or holiday.
Each client is entitled to a payment of $35 per day, per child,
from HRA to assist them in caring for their children while they attend
job training. The investigation disclosed that after picking up a February 16, 2001 issuance of supplemental childcare checks from HRA, Bain did not distribute all of them to the appropriate clients at Goodwill. Instead, Bain, unbeknownst to the affected clients, took 20 of these checks (totaling $1,820), forged the names of each client as the endorsee, and then on February 28, 2001, deposited them into his personal checking account at EAB. After contacting and consulting with DOI, EAB then froze Bains account, preventing him from withdrawing any of these funds. Additional
investigation was able to determine that on two prior occasions, Bain had
also stolen supplemental HRA childcare checks in the same fashion as
described above; however, on these occasions, he was able to withdraw the
funds. On December 29, 2000,
Bain deposited 3 stolen supplemental childcare checks into his EAB
account. On February 20,
2001, Bain deposited 6 additional stolen childcare checks into his EAB
account. Bain was able to
withdraw the funds from each of these 9 checks, which totaled $1,260.00,
for his own personal use. Bain, 26,
a resident of Herzl Street in the Brownsville section of Brooklyn, has
been employed at Goodwill since June 1, 2000, at a salary of $31,000 per
year. He has been charged
with 29 counts of Forgery in the First degree, a class C felony, one count
of Grand Larceny in the Fourth Degree, a class E felony, and one count of
Attempted Grand Larceny in the Fourth Degree, a class A misdemeanor.
If convicted, he faces up to 15 years in prison. The
investigation was conducted by Gerard Hoey, DOIs Inspector General for
HRA, and members of his staff including Deputy Inspector General Benjamin
Defibaugh and Confidential Investigator Frank Delisi.
THE
LEAGUE TREATMENT CENTER COLLECTS AND DONATES 30 CELL PHONES TO HELP
BATTERED WOMEN AND SENIOR ABUSE. District Attorney Charles
J. Hynes Domestic Violence Bureau will be presented with 30
911programmed cell phones that have been collected by the League
Treatment Center, an adult program for the
mentally disabled population, the 84th precinct and the
Community Board District. WHERE: 350
Jay Street 19th floor board room WHEN: Thursday, November 8, 2001 @12:00
p.m. CONTACT: Sabrina Beldner @ 250-2300
MEDIA
ADVISORY
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| WHO: | KCDA
CHARLES J. HYNES MTA NYC TRANSIT PRESIDENT LAWRENCE G. REUTER |
| WHERE: | 19TH FLOOR TRAINING ROOM 350 JAY STREET, BROOKLYN, NY 11201 |
| WHEN: | 1PM |
CONTACT:
| Kings County District Attorney | MTA NYC Transit
Authority |
| Public Information Office | Press Office |
| Jerry Schmetterer | Al OLeary |
| 718-250-2300 | 718-243-3247 |
Former Brooklyn resident charged with running phony
auctions for lap top computers on eBay.
Brooklyn, November 26, 2001Kings County District Attorney Charles J. Hynes today, announced the indictment of a former Brooklyn resident who stole more than $35,000 from on-line shoppers from Maryland to the Philippines who thought they had placed the winning bid for lap top computers he offered on eBay.
More than 1.3 million transactions a day take place on Internet auction sites and less than 1 % result in fraud, said District Attorney Hynes. However, according to the Internet Fraud Complaint Center, Internet auction fraud is the number one fraud committed, costing consumers almost $4 million in 2000 and that number is expected to increase in 2001.
One scheme came to light last March when the Kings County District
Attorneys office received a complaint, by email, from a California
woman that she had the winning bid--- $2,175 for a Sony Vaio --- on
an eBay auction but never received the lap top. She said she sent payment
through an on-line payment agency. The complainant said she represented 15
other persons who said the same seller also ripped them off.
The information was shared with the NYPDs Computer
Investigations and Technology Unit, which after an eight-month
investigation, which involved tracking the payments to a Brooklyn bank,
arrested Scott Feinstein, 32, of 15 White Oak St., Middle Island, NY. on
October 23.
Feinstein is charged with Criminal Possession of Stolen Property in the Third Degree, Criminal Possession of Stolen Property in the Fourth Degree (three counts), Grand Larceny in the Fourth Degree (three counts), and Scheme to Defraud in the First Degree. He was arraigned this morning and is being held on $25,000 bail. He faces up to 12 years in prison. .
The investigation disclosed that Feinstein, during February and
March this year, placed non-existent, high-end, lap top computers up for
auction on eBay. He accepted
bids from approximately 20 winners.
After the winners were declared they were told by Feinstein
to pay by credit card or money order.
Feinstein then deposited their payments in a Brooklyn bank, not far
from where he lived. The
price the victims paid for the computers which Feinstein advertised
as factory sealed having the latest technology, and were still
shrink-wrapped, averaged about $2100.
Most of the victims even paid $40 extra for overnight shipping.
Feinstein quickly withdrew the money and moved to Long Island.
. As more and more
opportunities for shoppers appear on the Internet, so unfortunately do
opportunities for those who prey on honest consumers, said District
Attorney Hynes. However, we are closing the technology gap and it is
becoming easier and easier
The old adage; Buyer
Beware, still applies in this hi-tech age, but I want to put those eCROOKS on notice that
they too should Beware, said Hynes
Some signs that you may be dealing with a con artist include:
· Deals that are too good to be true.
· No reserve or minimum bid on high priced items as in Feinsteins case.
· Claims that the items are brand new, still in their original shipping packaging.
·
Remarks from the seller, which does not match the item.
For instance, Feinsteins remarks indicated he was a dealer in
baseball cards.
District Attorney Hynes also thanked the NYPD CITU personnel for
their assistance.
The press and public are advised that these criminal charges are
not evidence of guilt. They
are the accusations by which these criminal proceedings are commenced.
Assistant District Attorney Adam Zion will prosecute the case.
Copies of the indictment are available.
CONTACT:
KCDA
Orlando Rivera
718-250-2300
FOR
RELEASE: 4PM Dec.14, 2001
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES
ANNOUNCES
DECISION REGARDING DEATH PENALTY
IN
FIRST DEGREE MURDER CASE
Brooklyn, December 14, 2001---Kings County District Attorney Charles
J.Hynes announced today that he would seek a sentence of life without
parole in the prosecution of Louis Rouge, indicted for First Degree Murder
and other charges for the death of a Williamsburg woman in February 2001.
Rouge, 54, is charged in a 13-count indictment with the intentional
murder and related rape, sodomy and sexual abuse of Maryann Ruhman, 51, on
February 16, 2001.
I have concluded, after review and deliberation, that a sentence
of life without parole is the appropriate punishment to seek in this
case, said District Attorney Hynes.
This is the 57th First Degree Murder case in which
District Attorney Hynes has decided to seek a sentence of life without
parole since the capital punishment law took effect on September 1, 1995.
District Attorney Hynes has sought the imposition of the death
penalty in seven First Degree Murder cases.
In three cases the defendants pleaded guilty; one was sentenced to
life without parole, another sentenced to 50 years to life and the third
is awaiting sentence. In two
other cases, the defendants were convicted of Murder in the First Degree
and sentenced to life without parole following a waiver of their appeal,
while another defendant was convicted of Murder in the Second Degree and
other charges and sentenced go 65 years to life.
In the seventh case, the defendants Darrell Harris was convicted of
Murder in the First Degree and sentenced to death pending the outcome of
an appeal.
The capital punishment law gives prosecutors 120 days from the
arraignment of a defendant on an indictment charging Murder in the First
Degree to determine whether to seek a sentence of death, life without
parole or a lesser penalty of 20 to 25 years to life in prison.
Roque was arraigned on May 31, 2001, and the 120 day period was
originally to have elapsed on October 1, 2001. After an application by the
defense attorneys, and upon a finding by the Court, the time to file the
notice was extended to Wednesday January 2, 2002.
District Attorney Hynes said his decision included the following
components: a comprehensive and objective review of the aggravating and
mitigating factors provided by the District Attorneys Office and
defense counsel; and an exhaustive review of the defendants background.
District Attorney Hynes said his decision followed a review of the
case by a committee, he has established, of executives, supervisors and
experienced trial attorneys.
I believe I am required by this statute to assess the appropriateness
of the death penalty on a case-by-case basis.
Therefore, this procedure will be followed in all cases involving a
First Degree Murder charge in order to carry out my obligation to the
citizens of Kings County to uphold the law in a fair-mined and responsible
way, said District Attorney Hynes.
Roque is accused of the following charges: Murder in
the First Degree (four counts); Murder in the Second Degree (four counts);
Murder in the Second Degree (five counts); Rape in the First Degree (one
count); Sexual Abuse in the Second Degree (two counts); and Sodomy in the
First Degree (one count).
The indictment charges that Roque, on February 16,
2001, intentionally caused the death of Maryann Ruhman by beating her to
death, during the course of raping and sodomizing her. Ms Ruhman died as a result of her wounds and injuries.
The incident took place in the evening of February 16, 2001, in the
vicinity of 250 Hooper Street, Wiliamsburg, Brooklyn.
Roque
is being held without bail, awaiting trial in Supreme Court, Kings County.
The case is assigned to the Honorable Plummer Lott of the Supreme
Court, Kings County, and the next court date is January 4, 2002.
Senior
Trial Assistant Julie Rendelman of the Homicide Bureau and Assistant
District Attorney Heide Mason of Counsel to the Sex Crimes/Special Victims
Bureau are prosecuting the case.
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J.HYNES ANNOUNCES ARRESTS AND AN
INDICTMENT IN TWO CASES INVOLVING KIDDIE PORN AND SEXUAL EXPLOITATION OF
CHILDREN USING THE INTERNET
Both cases
expose methods used by pedophiles in AOL chat rooms and Instant
Messaging DA offers tips to parents on how to monitor childrens
Internet use
Brooklyn,
December 19,2001---Kings County District Attorney Charles J. Hynes today
announced the arraignments of two men charged with Promoting a Sexual
Performance of a Child and Possessing a Sexual Performance of a Child.
While
these two defendants acted separately, the methods they used in pursuit of
child pornography, and in one case, attempting to seduce over the Internet
girls as young as 13 are commonly employed by pedophiles prowling the
Internet, said District Attorney Hynes.
As
a World Wide Conference on Sexual Exploitation of Children is being
conducted today in Yokohama, Japan, this is a reminder that the Internet
allows predators access to our own backyards, said Hynes.
These
cases could not have been successfully accomplished without the
outstanding work of the NYPDs Sexual Exploitation of Children Squad,
said Hynes.
The
first defendant is Edward Olson, 58, of 67 Powers Street, Brooklyn. His
arrest yesterday, at the Manhattan office of the childrens clothing
company were he works, was the culmination of a one-year investigation in
which an NYPD detective posed as a 13-year-old girl responding to his
instant messages on America On Line.
He faces up to 11 years in prison. At his arraignment last night
Olson was ordered held on $8,500 bail.
Olson
first spotted the undercover officers screen name in a chat room then
after checking the AOL members profile which identified him as a
female, 13, began sending instant messages to her.
The
use of instant messaging is particularly well suited to pedophiles because
it allows them to step outside of the public domain of the chat room and
directly discuss sex with a minor. In this case, however, the minor was an NYPD detective,
said Hynes.
"Pedophiles
no longer have to meet children in video arcades or shopping malls; they
can now engage children in conversation via the Internet," warned
Police Commissioner Bernard B. Kerik. "Often these pedophiles pose as
children themselves to gain a victims trust and just as parents warn
their children about stranger danger, they should also warn their
children about the dangers of the Internet and monitor the sites their
children visit."
While
he continually noted that he could get in trouble and his wife must not
find out, Olden, solicited sex from the
13 year-old on numerous occasions, and while the undercover
used three different on-line identities.
During several of the instant message sessions Olson e-mailed the
detective images of children engaged in sexual acts with adults. Olson
often asked the girls he was chatting with if the pictures displayed
actions they were interested in doing with him.
He ended one session by encouraging the girl to sleep well
and look at the pictures he sent.
Olson
failed to show up at several dates arranged at the sessions.
He was arrested at his home on December 18, 2001.
The
second defendant is Brent St. Hillaire, 18 of 590A Kosciusco St.,
Brooklyn. He was arraigned
this week on an indictment filed November 9, 2001.
The indictment charges two counts each of Promoting Sexual
Performance of a Child and possessing a Sexual Performance of a Child. He
faces up to 11 years in prison. He is currently free on bail.
St.
Hillaire was indicted on November 9th, 2001, for e-mailing two
pictures of minors engaging in acts of oral sodomy, to an undercover
officer in an America On Line chat room named JUN610R H718GH.
Spellings of chat room names are often adjusted to throw off
AOL screeners. Once inside the chat room the undercover detective asked to
be listed, meaning that he wanted to be added to a list to receive
e-mail from other members in that room.
He
quickly was flooded with images of children engaged in sex acts with other
children and with adults. One
of the images was of a child, perhaps 10-years-old, performing oral sodomy
on what appears to be another child. Another picture depicts a girl
clearly less than 14-years-old performing oral sodomy on an older man.
The
social activity of listing or trading pics is the most
prevalent form of disseminating child pornography today.
Chat rooms used for these purposes are the gathering spots of
pedophiles and budding pedophiles. Their rules are simple---trade pics and dont get caught.
In
this instance the undercover was added to a list of more than 100 AOL
members with screen names such as, littlebox, hunt4hymen, and traderfromhell16.
The
predators using the Internet have at their disposal a huge inventory of
easily accessible images that they use to desensitize children to sex and
eventually victimize them.
Proof
of their accessibility is found in the fact that both Olson and Brent St.
Hillaire sent one of the same images to chat room members.
It was a picture of a young girlan apparent minorengaged in
sex with two adult men and another female.
The
press and public are advised that these arrests and indictments is not
evidence of guilt. They are
accusatory interments by which these criminal proceedings are commenced.
Senior
Assistant District Attorney Adam Zion Counsel to the Computer Crimes Unit
of the Rackets Bureau will prosecute both cases.
Copies
of the indictment are available.
Contact:
Jerry Schmetterer, Orlando Rivera
Kings County District Attorneys Office
718-25O-2300