Kings County 
District Attorney's Office
PRESS RELEASES

Office of Public Information
718.250.2300 / 718.250.2025 (after hours and weekends)
Jerry Schmetterer - Director - Schmetj@brooklynda.org
Sharon Toomer - Deputy Director - Toomers@brooklynda.org
Sabrina Beldner - Communications Associate - BeldnerS@brooklynda.org
Tracy Manley - Communications Associate - ManleyT@brooklynda.org
Orlando Rivera - Communications Associate -RiveraO@brooklynda.org

1999-2000 Press Releases

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES CLOSES INVESTIGATION OF CHRISTMAS EVE SHOOTING 
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES CALLS FOR CHANGES IN BAIL LEGISLATION STATEMENT RE: Police Officer Joseph Gray case.
BROOKLYN POLICE OFFICER INDICTED IN VEHICULAR DEATH OF THREE
Remarks of Deputy District Attorney Joseph Petrosino and Arraignment of Police Officer Gray.  August 10, 2001.
STATEMENT FROM KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES RE: CHARGES VS. P.O. JOSEPH GRAY

ARRAIGNMENT ON BROOKLYN TEEN INDICTED IN HORSE STABLE ARSON
MOTHER AND SON  CONVICTED FOR THE 20 YEAR OLD MURDER OF TODDLER FOUND IN CLOSET
SENTENCED
CREAM TEAM ARTICLE
BROOKLYN WOMAN SENTENCED IN VEHICULAR DEATH OF OFF-DUTY POLICE OFFICER
CHURCH STATUE DESECRATOR SENTENCED

                "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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                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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                "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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                "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.
                Cardona was sentenced by Justice Douglass who presided over the case. 

                The case was prosecuted by Assistant District Attorney Joanne Grippo, Special Counsel to the Crimes Against Children Bureau.

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                "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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                "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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                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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                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.

                The case is being prosecuted by Deputy Bureau Chief Paul Gliata ,Trial Bureau I.

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                Turn it in for a Benjamin, funded by the Brooklyn District Attorney’s 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. "We’ve done it before and we’ll 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 31^st, 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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              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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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 Attorney’s 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
District Attorney, Kings County

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.
GUN HOMICIDES

The percentage of Brooklyn’s gun homicides, approximately 72%, this year represents a significant increase over 1999’s mid-year’s 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 Attorney’s 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 People’s recommendation for sentence was a minimum of six months plus four and a half years probation; in four of the seven cases the People’s 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 Attorney’s 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 defendant’s 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 People’s 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 People’s 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 Attorney’s 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 Attorney’s 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 Attorney’s 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 Attorney’s 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 Attorney’s 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 Attorney’s Office, the United States Attorney for the Eastern District of New York, the Mayor’s 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 Women’s 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 Attorney’s Office has more to distribute.

A new program called Juris Monitor, developed in cooperation with the Department of Probation, the Mayor’s 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.

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                “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.  

“It’s 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. “There’s 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
                                                                13 summonses issued
                                                                457 toy guns seized 

On 4/7/00 Kings County District Attorney Squad detectives and KCDA detective investigators: 

                                                                152 locations visited
                                                                12 summonses issues
                                                                562 toy guns seized

Total program to date:

                                                                286 locations visited
                                                                25 summonses issues
                                                                1012 toy guns seized

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DIRTY DEEDS REAL ESTATE "VULTURE" ACCUSED OF $1.6 MILLION FRAUD
(Stole 11 Brooklyn Properties - Mortgaged And Sold Them For Illegal Profit)  

                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.   
                The complaint is the result of a two-year investigation that began in March 1998 with information provided by an attorney for an heir to one of the properties that had been fraudulently transferred from the legitimate owners to Mr. Walker. The false deed showed that both owners, a husband and wife, allegedly signed the deed transferring ownership to Walker on December 22, 1995. In fact, the wife had died on May 30, 1986 and could not have signed the deed. Although the husband died on November 4, 1997, the signature is clearly not his.  

                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 24^th, bail was set at $100,000. The next court date is scheduled for August 29^th 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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                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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                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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                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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                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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1. Ira Stevens                                                         466 Franklin Ave. 

2. Percy Motley (Hospitalized)                             20 Lefferts Place 

3. Edith Greenspan (deceased)                           687 E. 91^st St. 

4. Dorothy Deypeyster (Hospitalized)                 273 Green Ave. 

5. Keith Boodoo                                                      187 Lafayette Ave.

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                "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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ISHMAEL LOPEZ
2321 WEST 11TH ST.
BROOKLYN, NEW YORK 

SALADINE TROMP
2220 WEST 11TH ST.
BROOKLYN, NEW YORK 

JAMES DENT
693 MADISON ST. 
BROOKLYN, NEW YORK 

JOSEPH DENT
693 MADISON ST.
BROOKLYN, NEW YORK 

DEVIN BROWN
2250 WEST 11TH ST.
BROOKLYN, NEW YORK 

BISHME WILLIAMS
374 BLAKE AVENUE
BROOKLYN, NEW YORK 

JASON DENT
389 CHAUNCEY ST.
BROOKLYN, NEW YORK 

DEQUAN MAJOR
354 MARCUS GARVEY BLVD.
BROOKLYN, NEW YORK 

KENDELL REED
57 HERKIMER ST.
BROOKLYN, NEW YORK 

SHAWN ATKINS
29 AVENUE W
BROOKLYN, NEW YORK  

DAMON NELSON
733 DEAN ST.
BROOKLYN, NEW YORK 

LAMONT PAHON
435 MARCUS GARVEY BLVD.
BROOKLYN, NEW YORK 

CLARENCE WILLIAMS
2369 WEST 11TH ST.
BROOKLYN, NEW YORK 

JASON JONES
INCARCERATED    

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                 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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GUILTY PLEA ENTERED IN CHURCH STATUE DESECRATION CASE
(District Attorney Objects To Sentence)

                 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 judge’s 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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              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. 57^th St. of the following charges: Arson in the 3^rd and 4^th degrees (C and D Felonies, respectively), Reckless Endangerment in the 1^st Degree (D Felony), Reckless endangerment in the 2^nd Degree, 15 counts each of Criminal Mischief in the 2^nd Degree, (D Felony), and in the 4^th 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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                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.
                Last month, on September  , 1999, Derek Loper, 16, 47 McKeever Place, Crown Heights, plead guilty to the charge Assault in the Second Degree, a class  felony punishable by a maximum prison term of  

                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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                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 D’Emic who presided over the case.  

                 The case was prosecuted by Assistant District Attorney Michael Choi, Crimes Against Children Bureau.

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                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 officer’s 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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CHURCH STATUE DESECRATOR SENTENCED
(District Attorney Objects To Sentence) 

                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 judge’s 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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            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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              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 7^th street and Kent Avenue, Brooklyn. 

                Hodges was sentenced today by Justice Sheryl Parker who presided over the case.  

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                 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 officer’s life has been lost," District Attorney Hynes said.   

                The incident occurred on July 6, 2000 at about 8:15 P.M. at North 7^th 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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               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 Wright’s 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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         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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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, NYU’s Ehrenkranz School of Social Work, NYU’s Law School and the District Attorney’s Office of Kings County will jointly sponsor a symposium titled, “Domestic and Family Violence in the 21^st Century: Emerging Controversies and Best Practices for Professionals,” which will be held Friday, February 2^nd, 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 DA’s 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 Attorney’s 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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KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES
AND THE REV. C. VERNON MASON

TO HONOR GRADUATES OF DRUG TREATMENT ALTERNATIVE-TO- PRISON PROGRAM
(Graduates of Program Include Former Police Officer)

 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 Attorney’s 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 state’s 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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            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 149-67 255^th 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 husband’s name, and two fake letters, one purportedly written by her Brooklyn landlord about Gilke’s monthly rent, and another purportedly written by the owner of the non-existent computer training school about Gilkes’s 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 Attorney’s Public Assistance Crime Unit Chief, Lauren Mack and Assistant District Attorney Soo-Young Chang.     

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           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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               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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                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 Wright’s 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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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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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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REMARKS OF CHARLES J. HYNES
KINGS COUNTY DISTRICT ATTORNEY
AFRICAN-AMERICAN HISTORY MONTH CELEBRATION
BROOKLYN DISTRICT ATTORNEY’S OFFICE

FEBRUARY 27, 2001 @ 5:45 PM 

                Good evening, everyone. Welcome to our African-American History Month Celebration, here at the Brooklyn District Attorney’s 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.

                Tonight’s 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 tonight’s 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 1^st 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
my hand and affix the seal of the District Attorney 
of the County of Kings, in the County of Kings, 

This 27^th day of February, 2001 

_________________

Charles J. Hynes

District Attorney of Kings County 

                Thank you, and God bless you.

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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, 19^th floor, 350 Jay St., Brooklyn.

 # # #

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PRIVATE COMPANIES CHARGED WITH BRIBING PUBLIC EMPLOYEES
(Court Clerks charged with Grand Larceny and Official Misconduct) 

March 1, 2001…Kings County District Attorney Charles J. Hynes and the Inspector General of the New York State Office of Court Administration, OCA, William Gallagher today announced the filing of criminal charges against 4 Office of Court Administration (OCA) clerks, (and a fifth to be named later), private investigation corporations located in Illinois, Georgia and Delaware, an executive of one of those companies, and a private investigator.  

This announcement brings to a conclusion the first part of an ongoing investigation into the unauthorized sale of criminal histories by court employees and subsequent bribery by private corporations. 

                “These employees violated their oath of office and betrayed the public trust,” Hynes said. “And these private corporations have corrupted these public employees of our criminal justice system.”   

                The 5 court clerks, working out of Criminal Court, 120 Schermerhorn St., Brooklyn, are alleged to have set up private businesses using information from OCA's computer system to enrich themselves.  

The investigation began in August of last year when a private investigator, performing background checks of potential employees for a firm, alerted the Inspector General for Office of Court (OCA) that out-of- state companies were selling New York City criminal histories for an amount well below the $16 which OCA legitimately charges.  

                OCA Inspector General, IG, William Gallagher, commenced an investigation and determined that Guaranty Research Services, Inc., located in Georgia, was offering criminal histories of individuals convicted in New York State for $12 - $4 less than the cost of buying them from OCA.  

OCA investigators found that OCA clerk Nicholas Augugliaro, (Clerk #1) accessed the names of those individuals who had been submitted to Guaranty. A second clerk (Clerk #2, unnamed until their surrender), who was Guaranty’s main contact within the court system, would receive lists of names from Guaranty, and would pass them on to Augugliaro, who then ran the names in the OCA data base. Clerk #2 then faxed the results to Guaranty and received payment of $4 for each criminal history sent. Augugliaro and Clerk #2 made over 10,000 computer “runs” of names from 1/1/2000 until 11/15/2000.  

OCA investigators discovered a third OCA clerk, Dorothy Banks, (Clerk #3) accessing criminal histories in an unauthorized manner. The investigators made criminal history requests to CrimeSearch, Inc., an Illinois corporation located in Chicago, and within days, Banks ran the criminal history of all those individuals. Banks made over 20,000 “runs” from 7/29/2000 until 2/13/01. CrimeSearch, Inc. went so far as to produce a newsletter advertising their services.  

                Kevin Barnes (Clerk #4) is alleged to have provided unauthorized criminal histories to Liberty Resources, Inc., a Delaware corporation. Barnes made from 40 to 60 “runs” per day from 2/15 – 2/21/2001 

Matthew Jenkins (Clerk #5) is alleged to have provided unauthorized criminal histories to Paul Frommer, a private investigator. Jenkins made more than 20 “runs” per day. 

Auguliaro surrendered this morning and has been indicted for Grand Larceny in the 2^nd Degree, and Bribe Receiving in the 2^nd Degree, both Class C felonies, punishable a maximum of 15 years in prison, Unlawful Duplication of Computer Related Material, and Receiving Reward For Official Misconduct in the 2^nd Degree, both Class E felonies, and Official Misconduct, a Class A misdemeanor.  

                Clerk#2 is due to surrender Monday, March 5^th and will be indicted for the same crimes as Augulario. 

Kevin Banks surrendered this morning and was indicted for a top count of Grand Larceny in the 2^nd Degree and Bribe Receiving in the 2^nd Degree, Unlawful Duplication of Computer Related Material, and Official Misconduct. 

Matthew Jenkins surrendered this morning and has been charged in criminal complaints with multiple counts of Bribe Receiving in the 3^rd degree, a Class D felony, punishable by up to 7 years in prison, Receiving Reward for Official Misconduct in the 2^nd Degree, Unlawful Duplication of Computer Related Material, and Official Misconduct and Petit Larceny. 

Guaranty Research Services, Inc., has been indicted for bribing Augulario and charged with Grand Larceny in the 2^nd Degree, Bribery in the 2^nd Degree, both class C felonies, Rewarding Official Misconduct in the 2^nd Degree, a class E felony, and Unlawful Duplication of Computer Related Material. 

CrimeSearch, Inc., and Steven Brownstein, an executive with CrimeSearch, Inc., have been indicted for Grand Larceny in the 2^nd Degree, Bribery in the 2^nd Degree, Rewarding Official Misconduct in the 2^nd Degree, and Unlawful Duplication of Computer Related Material.               

Liberty Resources, Inc., has been charged in a criminal complaint with Bribery in the 3rd degree, Rewarding Official Misconduct in the 2^nd degree and Unlawful Duplication of Computer Material.  

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               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 Attorney’s 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.”    

045

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES
CALLS FOR CHANGES IN BAIL LEGISLATION STATEMENT 
RE: Police Officer Joseph Gray case. 

 “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 judge’s bail decision.

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046

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.

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047

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.

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048

FORMER UNITED NATIONS SECURITY GUARD
FOUND GUILTY OF MURDER 

            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. 33^rd 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 Bluford’s 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 D’Emic who is presiding over the case.  

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049

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, DI’s, 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 DI’s 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. 

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050

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. 

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051

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 72^nd 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.  

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052

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 consumer’s 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. 

            “Today’s 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 126^th Lane, Sunrise, Florida. 

            Assisting the Kings County District Attorney’s 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.

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053

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.  

            “Garber’s victims were trusting and unsuspecting storekeepers in Brooklyn and elsewhere in New York City, who believed that Garber’s 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. Garber’s activities. The National Center for Missing and Exploited Children was also alerted. The detectives and assistant district attorneys from the Kings County District Attorney’s 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. 

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 054

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.

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055

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.

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056

NEWEST IMMIGRANTS IN WORLD’S 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 Attroney’s 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 Attroney’s 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)
            Telephone # 718-646-7353

Name/Address             DOB                Charges 

Gennadi Perlushenko    11/14/64         Promoting Prostitution 3
2955 Shell Road, Apt 2R                     Promoting Prostitution 4
Brooklyn, New York                            Criminal Solicitation 5

Vladimir Shulman          01/29/63         Promoting Prostitution 3
2922 Brighton 5^th                                   Promoting Prostitution 4
Brooklyn, New York                            Criminal Solicitation 5

# 2:      RUSSIAN BEAUTY ESCORT (Out Call Service) 
            Telephone # (718) 757-4070
            Telephone # (718) 238-1803

 Name/Address             DOB                Charges

 Mikhail Kipnis              11/9/74            Promoting Prostitution 3
3101 Brighton Street 2^nd                      Promoting Prostitution 4
Brooklyn, New York                            Criminal Solicitation 5

Natalia Litvonova         10/2/61                        Prostitution
1953 70^th St.
Brooklyn, New York

Zhannetta Zabayeva      1/27/66                      Prostitution
2745 E. 23^rd St. 
Brooklyn, New York

Vadim Nazaroff            2/18/64             Promoting Prostitution 3
5971 Seacrest View Rd.                       Promoting Prostitution 4
Brooklyn, New York                             Criminal Solicitation 5  

# 3:      ILONA ESCORT SERVICE
            Telephone #    718-333-1379
                                    917-570-3018   

Name/Address             DOB                Charges 

Inna Androsova            1/29/71                        Prostitution
43 Boundary Ave.
Staten Island, New York

Lyubov Parygina           7/29/71            Promoting Prost 3
813 Ave. U                                          Promoting Prost 4
Brooklyn, New York 

Faustina Gunderson      8/23/72                        Prostitution
813 Ave. U
Brooklyn, New York

# 4:      NEW AMAZONS ESCORT SERVICE
            Telephone #    718-351-7158
            ELEGANT ESCORT SERVICE
            Telephone #    718-979-0517  

Name/Address             DOB                Charges 

Marina Bojko               11/10/76          Prostitution
2955 Shell Rd.
Brooklyn, New York

Yelena Lobanoba         6/4/78              Prostitution
2955 Shell Rd.
Brooklyn, New York                                               

Imas Marina                 7/26/64             Promoting Prostitution 3
18 Benton Ct.                                       Promoting Prostitution 4
Staten Island, NY                                 Conspiracy 5

# 6:      KITTY ESCORT SERVICE
            Telephone #    718-648-5665  

Name/Address             DOB                Charges 

Irene  Kalabouchova    1/20/63              Promoting Prostitution 3
3051 Ocean Ave.                                 Promoting Prostitution 4
Brooklyn, New York                             Criminal Solicitation 5

Sergy Lepkus               11/10/70          Promoting Prostitution 3
3051 Ocean Ave.                                 Promoting Prostitution 4
Brooklyn, New York                             Criminal Possession of a Forged Instrument 

# 7:      SWEET CHERRY ESCORT SERVICE
            Telephone #    718-219-1437
            Telephone #    718-490-7801

ARRESTS:

Name/Address             DOB                Charges 

Maxim Skurydin           10/21/78          Promoting Prostitution 3
2898 W. 8^th St.                                  Promoting Prostitution 4
Brooklyn, New York                            Criminal Solicitation 5 

Magarita Kremer          10/24/77          Promoting Prostitution 3
1909 Quentin Rd.                               Promoting Prostitution 4
Brooklyn, New York                            Criminal Solicitation 5

Janna Berdenko            5/9/50              Prostitution
1902 E. 18^th Street
Brooklyn, New York 

 # 8:     ROYAL DREAM ESCORT SERVICE
            Telephone #    917-749-9779                                                                        

ARRESTS: 

Name/Address             DOB                Charges 

Pavel Royblat               11/20/70          Promoting Prostitution 3
2920 W 21^st Street, Apt 7G                 Promoting Prostitution 4
Brooklyn, New York                            Criminal Solicitation 5

# 9:      CHARMING AND BEAUTIFUL
            Telephone #     

ARRESTS: 

Name/Address             DOB                Charges 

Nadejda Malakhova     03/04/52          Promoting Prostitution 3
6818 18^th Avenue                              Promoting Prostitution 4
Brooklyn, New York                           Criminal Solicitation 5

Carlos Garces              6/29/43          Promoting Prostitution 3
6818 18^th Avenue                              Promoting Prostitution 4
Brooklyn, New York                           Criminal Solicitation 5 

            The entire investigation was conducted solely by the Kings County District Attorney’s Rackets Bureau and Detective Investigators from the Kings County District Attorney’s Office.

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057

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 4^th, this defendant started on an all day drinking binge. 

·        We have learned that he was drinking beer in the parking lot of the 72^nd precinct beginning at 8:00 A.M.

·        We have learned that in the early afternoon of August 4^th, the defendant went to the Wild, Wild West Strip Club - a club that was specifically off limits to the 72^nd precinct police officers.

·        We have learned that the defendant continued to drink at that off-limits club well into the evening of August 4^th.

·        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.   

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058

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.

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059

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 Zeller’s actions during this shooting were a justified use of deadly physical force.

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060

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 D’Angelo, Alberto D’Angelo, 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., D’Angelo 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.           

“Customers”, namely; Dino Aquilano and Jamie Ruggiero of Newark Auto Recyclers, Inc.; Michael D’Angelo and Alberto D’Angelo of D’Angelo Auto Sales, Inc.; Robert Pace and Edward Puglisi of Kings County Auto Salvage, Inc.; Kevin Cioffi of Ace Auto Salvage and Scrap Metals; John Faraci and Tom Lynagh of F&S Auto Parts, Inc.; Filippo Sacco and Phillip Sacco of Sacco Auto Sales & Parts, Inc.; Ralph Serpico and John Leva of Richmond Auto Salvage, Inc.; George Kirschbaum and Richard Henry of A-Best Used Auto Parts, Inc.; George Kirschbaum and Anthony White of A & G Auto Dismantling, Inc.; Edward Dance of Flatlands Auto, Inc.; among others placed orders via telephone or teletype on an “as needed” basis with Angle Auto Parts for the illicitly obtained auto parts and received those parts.   In order to evade detection by law enforcement, customers maintained frequent telephone contact with Angle Auto Parts for the purpose of keeping current regarding the status of their orders.  For the same reason, Angle Auto Parts and its customers maintained little or no inventory of contraband auto parts – reselling the contraband as quickly and efficiently as business allowed. 

In order to conceal the illicit nature of the origins of the parts, Angle Auto Parts Inc., represented to members of law enforcement that Angle was closed for “renovations” and not engaged in the purchase or sale of automobile parts. 

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. Varacalli’s 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 People’s 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: 

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061

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 Attorney’s Office Gang Bureau and investigators from the New York City Police Department’s 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 community’s 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 NYPD’s Brooklyn South Gangs Squad, under the supervision of Inspector William Tartaglia and members of the Kings County District Attorney’s Office Gang Bureau. 

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062

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 Attorney’s Office and defense counsel; and an exhaustive review of the defendant’s 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. 

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063

DISTRICT ATTORNEY HYNES HONORED AT THIRD
ANNUAL COMMUNITY RECOGNITION AWARDS DINNER

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:     Gargiulo’s Restaurant
                                 2911 West 15^th Street, Brooklyn  

   WHEN:     Thursday, October 18, 2001- 6:30 PM 

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064

BROOKLYN D.A. / DO I ARREST INDIVIDUAL IN  $3,000 WELFARE THEFT
 -Employee of City Vendor Stole 29 Welfare Checks Intended for Clients he serviced-

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 Goodwill’s 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 City’s 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. EAB’s initial review determined that none of these checks were issued to Bain as the payee. 

DOI’s 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 Bain’s 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, DOI’s Inspector General for HRA, and members of his staff including Deputy Inspector General Benjamin Defibaugh and Confidential Investigator Frank Delisi. 

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065

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  911–programmed cell phones that have been collected by the League Treatment Center, an adult program for the  mentally disabled population, the 84^th precinct and the Community Board District. 

WHERE:  350 Jay Street 19^th floor board room 

WHEN:   Thursday, November 8, 2001 @12:00 p.m. 

          CONTACT:  Sabrina Beldner @ 250-2300

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066

MEDIA ADVISORY

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES, AND MTA NYCTA PRESIDENT LAWRENCE G. REUTERANNOUNCE INDICTMENT OF TA EMPLOYEE IN
WORKERS’ COMP RIPOFF 

Veteran Bus Maintenance Man Claimed He Was Unfit For Work But Undercover Video Tells A Different Story 

Brooklyn, November 20, 2001---Kings County District Attorney Charles J. Hynes and MTA New York City Transit Authority President Lawrence G. Reuter, today announced the arrest and indictment of Andrew Tuomey, 59, on charges he ripped of Workers’ Compensation by falsely claiming he was injured in a workplace accident, too badly to work 

Tuomey was arrested after the New York City Transit Authority Special Investigations Unit conducted video surveillance on 10 separate days over approximately 10 weeks which shows Tuomey, driving, shoveling snow, walking his large dog, installing an automobile muffler system and vigorously wielding a sledgehammer on a repair.  The SIU launched its investigation after being alerted to Tuomey's history of 10 previous Workers’ Compensation claims during his 20 years with the TA. 

During the period he was being investigated Tuomey was telling his doctors he could not work because of pain caused by an injury he suffered at work on January 31, 2001.  He was paid a total of $17,220.60 until payments were stopped in July. 

“This is the kind of crime that violates a program that is vital to people with legitimate work related injuries, “ said District Attorney Hynes. “Workers Compensation fruad costs insurance companies $5 billion each year and those costs are passed on to honest consumers.” 

MTA NYC Transit President Lawrence G. Reuter said:  "People who collect workers compensation payment under false pretenses are no better than the common thief who steals money out of your pocket.  NYC Transit will remain vigilant in the pursuit of fraudulent compensations cases, which divert important tax dollars away from subway and bus services.  I congratulate our Special Investigations Unit, the NYPD Transit Bureau officers who made the arrest and District Attorney Hynes and his staff on this case." 

            Tuomey is charged with Grand Larceny in the Third Degree and Insurance Fraud in the Third Degree.  Both are class D felonies and carry a minimum range of 1-3 years in prison and a maximum of  2 1/3 to 7 years. 

            First Deputy Bureau Chief Gavin Miles and Assistant District Attorney Patrick Cappock will prosecute the case. 

Copies of the videotape still photos and the indictment are available. 

CONTACT:

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067

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES
WARNS:  BEWARE OF eCROOKS WHEN SHOPPING ON LINE 

Former Brooklyn resident charged with running phony auctions for lap top computers on eBay. 

            Brooklyn, November 26, 2001—Kings 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 Attorney’s 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 NYPD’s 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 Feinstein’s 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, Feinstein’s 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 

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068

FOR RELEASE: 4PM Dec.14, 2001

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES

ANNOUNCES DECISION REGARDING DEATH PENALTY

IN FIRST DEGREE MURDER CASE 

DA will seek life without parole for Louis Roque in murder of Wiliamsburg woman 

            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 57^th 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 Attorney’s Office and defense counsel; and an exhaustive review of the defendant’s 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. 

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069

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 children’s 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 NYPD’s 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 officer’s screen name in a chat room then after checking the AOL member’s 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 victim’s 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 9^th, 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 don’t 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 girl—an apparent minor—engaged 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 Attorney’s Office
718-25O-2300

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