Press Releases
KINGS COUNTY DISTRICT ATTORNEY'S OFFICE


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
Sandy Silverstein - Communications Associate - SilversS@brooklynda.org
Tracy Manley - Communications Associate - ManleyT@brooklynda.org
Orlando Rivera - Communications Associate -RiveraO@brooklynda.org


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001
KINGS COUNTY DISTRICT ATTORNEY CHARLES J.HYNES
APPOINTS HOWARD GOLDEN EXECUTIVE DIRECTOR FOR CIVIC AND
GOVERNMENTAL AFFAIRS 

Former Brooklyn Beep will focus on relationships between government  and community

Brooklyn, January 3, 2002---Kings County District Attorney Charles J. Hynes today announced the appointment of former Brooklyn Borough President Howard Golden to the newly created post of Executive Director for Civic and Governmental Affairs.

            Golden served as Brooklyn Borough President for 25 years before stepping down under term limits in 2001.

            The appointment is in keeping with District Attorney Hynes’ philosophy of early intervention and alternative to prison programs that have given his office a national reputation for crime fighting in partnership with the communities it serves.

            “Howard Golden brings a quarter of a century of experience in dealing with government and private sector synergies that will be invaluable in maintaining and expanding many of the important community outreach programs that distinguish my office,” said Hynes.

            Golden’s years in office saw Brooklyn rise from the blight of the 70’s into an economically sound, vibrant, commercial and residential Borough.

            “I am certain the expertise Howard displayed in bringing such projects as Metro Tech to Brooklyn will further our efforts to create programs such as the Drew House which will be a secure housing alternative to prison for inmates with children,” said Hynes. “His commitment to education makes him a perfect fit for the expansion of our Legal Lives program which brings Assistant District Attorney’s into contact with children in their classrooms.” 

            Golden will also work with the state legislature on Hynes’ efforts to change the Rockefeller Drug Laws, expand DTAP (Drug Treatment Alternative to Prison) and strengthen legislation protecting senior citizens from predators.

            “I was offered other opportunities when I left office, but I am pleased to join Joe Hynes and continue in public service,” said Golden.  “I am anxious to bring my love of Brooklyn and my commitment to the communities to work for the DA.”           

Contact:

Jerry Schmetterer, 718-250-2300

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002

REMARKS OF DISTRICT ATTORNEY CHARLES J. HYNES
INNAUGURATION CEREMONY
BROOKLYN BOROUGH HALL

JANUARY 9, 2002

            (Begin with silent prayer for September 11th)
           
I have many people to thank – but I promise you that some very brief remarks will follow.
           
I want to begin by thanking all of you for taking the time to attend.  
All of you are, of course, very special – both here in this Courtroom and in the Rotunda.  But I do want to single out, and for a very good reason, two of my three other current employers:

            Dean Joan Wexler - Brooklyn Law School and

            Dean Joseph Bellacosa – St. John’s University, School of Law

            Also, I want to thank all of the Judges who are with us; particularly two very old friends – Federal Judge John F. Keenan and Federal Judge Kevin T.  Duffy. 

            I am so very pleased that Chief Administrative Judge Michael Pesce agreed to act as our Master of Ceremonies.  His wit and charm have added much to today’s festivities.

            And I particularly want to thank Mayor Bloomberg for giving me the honor of administering the oath to begin my fourth term as District Attorney of Kings County.  In short order this Mayor has established a clear commitment to collegial government and the determination to give this City what it desperately needs, an orderly restoration of its economy.  Given the Mayor’s extraordinary success in business, does anyone doubt his ability to deliver?

            I am truly humbled by the fact that the people of Brooklyn have permitted me this privilege of becoming the longest serving District Attorney in the history of the County.  Only two others served as Kings County District Attorney for twelve years, John F. Clarke who served three terms, beginning in 1900, and a distinguished member of our audience who served from 1969 to 1981.  His presence is significant to me for both, its historical meaning and for the positive effect he had on my career.

            In 1968 the Country was reeling from its first surge in crime of that Century.  Although the apparent crime wave would never come close to the pubic safety crisis of the crack-driven 1980's, a slogan was developed and used repeatedly by all candidates for political office – that rallying cry became, Law and Order.  In the same year a prominent New York City trial lawyer was chosen to run for the office of Kings County District Attorney.  During his campaign, he added one word to that slogan, which came to embody the goals of his administration and mine.  The word was Justice, and so his campaign promise, which he later fulfilled became; Law and Order with Justice.  He was my mentor for the six years I was fortunate to serve in his Office, and he has been one of my most important advisers ever since.  Please welcome the three term former District Attorney of Kings County, Eugene Gold.

            On January first Brooklyn Boro President Marty Markowitz gave me the privilege of swearing him in for his first term.  I was particularly honored because both Senators Schumer and Clinton were also present.  I thank Boro President Markowitz, too for being our very generous host for this special day.

            Marty Markowitz served ably in the New York State Senate, for

21 years.  He became famous for his summer concert series and was recognized throughout the Borough for his innovative service as a legislator.  His energy, sensitivity and devotion to the people of Brooklyn will, in short order establish him as a great Boro President.  Please give him a special hand.

            And, speaking of Boro Presidents, I want to acknowledge Boro President Markowitz’s most recent predecessor.  For twenty-five years he served the people of Brooklyn in that Office with class and commitment.  I am fortunate that he was persuaded to continue his public service in my Office rather than to choose a number of opportunities he was offered in the private sector. 

            His knowledge of and solid reputation in the broad community of Brooklyn and his understanding of government operations from budget to regulations are simply unparalleled.  In a time of government restricted budgets, there will be no greater advocate for federal, state and private grant funds for our Office then the immediate past President of the Borough of Brooklyn Howard Golden.  Howard please stand.

            I want to thank my former Chief Assistant, Al Teichman for his kind words and well wishes, which I accept on behalf of our dedicated staff.  I take his remarks as a challenge and a commitment to do even better in the years ahead.  Over the years we have been truly blessed to have Chief Assistants like Al Teichman and our current Chief Assistant Amy Feinstein; all superbly talented men and women who are the backbone of our office.  Let me now welcome some of the prior occupants of that office; the former Chief Administrative Judge for Kings and Richmond Counties, Robert G. M. Keating, the present Chief Administrative Judge of the Criminal Court for Kings and Richmond Counties, William Miller and former Chief Assistant, Harvey L. Greenberg.  Gentlemen, please rise.

            I wish to give my profound thanks to the men and women of the Office of the Kings County District Attorney –whose hard work and support for our efforts have led to levels of public safety not seen in this County since the early 1960’s.

I thank each member of the clergy for their words of inspiration today and, in particular, I want to offer my gratitude to Reverend Charles Kraus, Pastor of St. Charles Borromeo Catholic Church, for offering the sacrifice of the Mass earlier today.  With each of my new four-year terms, Father Kraus has provided me with the spiritual support necessary to help me fulfill my responsibilities.  I also want to acknowledge the presence of some of my partners in the Criminal Justice system Special New York City Narcotics Prosecutor, Bridget G. Brennan and Mayor Bloomberg’s Criminal Justice Coordinator John Feinblatt.  All of us are determined to work with the Mayor and his Police Commissioner to maintain public safety for our City.

            Our dais today is graced by some truly special people.  I know that they will not mind me mentioning just a few of them.

            I want to acknowledge our contribution to New York City in the person of a remarkable young woman who has worked with me for more than fifteen years.  I am proud of some of our groundbreaking initiatives; including our partnership with the various communities throughout Brooklyn; and the success of our inmate re-entry program, Community Alert.  She has provided the leadership for the success of those programs and many others.  I refer of course, to my former First Assistant and Mayor Bloomberg’s wise choice as the Chair of the Human Rights Commission, Patricia L. Gatling.

            I am delighted that the Comptroller of the City of New York, the Honorable William Thompson Jr., joins us this evening.  Bill Thompson continues his extraordinary career with his first successful election.  I want to now ask the Comptroller to say a few words.

            And then there is my friend for more than twenty-five years who keeps leaving a lucrative private practice for increasingly demanding jobs which seem to defy success.  His accomplishments as the Commissioner of the Administration for Children Services has given him a national spotlight, the recognition for a superb job completed against all odds.  Now he serves as the leader of an agency, which has lost 343 of its brothers.  But, clearly, he is up to the task.  And he has already shown the sensitivity and determination needed to lead our firefighters back from the depth of despair – Please give a special welcome to the Fire Commissioner of the City of New York, Nicholas Scoppetta.

            I have known Ray Kelly since he was a young sergeant. I have watched him, with admiration, as he climbed successfully each level in the police department until Mayor Dinkins gave us the man whom he always called Colonel Kelly as our Police Commissioner.  He is a tough former Marine officer with the right stuff, at the right time, to do the right job!  He begins this daunting task as Police Commissioner, appointed by yet another Mayor, with the depth of experience and a list of achievements, never before seen in this office.  Commissioner Kelly has added to his luster from his first appointment as P.C. a range of federal assignments which will make the federal law enforcement community a full partner in his effort to achieve new successes for public safety in our City.  I know I speak for my colleagues; that we look forward to working with him to maintain Mayor Bloomberg’s mandate – a safe and secure city that remains the tourism capitol of the World.  Ladies and gentlemen the Police Commissioner of the City of New York, Ray Kelly.

            Before I mention the most special person of all at today’s ceremony, I want to thank those responsible for today’s success.  From my office, Patricia Gatling, of course, Jerry Scemetterer, Director of the Office of Public Information and Sharon Toomer, the Deputy Director of that office. And I also want to thank Henna White and Mike Poretsky. Their coordination with my campaign office was invaluable to the success of this event.  Finally, I want to thank Dennis Quirk, President of the New York State Court Officers Association without whose support in 1989, I would not be here.  I thank Dennis for the overall supervision of today’s festivities, and I particularly want to thank Catherine Schauf for her meticulous planning and execution of every phase of this ceremony from invitations to program development.

            Last week, I was home fighting the flu.  As I was watching Commissioner Kelly’s televised installation by Mayor Bloomberg, I was touched as he spoke eloquently about the unstinting support of his wife Veronica as he made career choices over the years.  As I listened, I thought that his words really echoed what many of us in public service feel about our spouses.  They certainly applied to my wife Patricia.

            Pat, for many years was not just the nurturing Mother to five children, she was the surrogate parent for their absent Father.  She endured the anxiety and uncertainty of many lean years where mortgage payments, car loans and clothing costs strained out limited budget.

            But I really didn’t understand the extent of her sacrifice, until recently.  She mentioned not long ago, how often after putting the children to sleep, she would wait by the window, starved for adult company, waiting for me to get home.  Now don’t misunderstand, this was no attempt to give me guilt.  It was mentioned matter of factly.  Nonetheless, I certainly felt a great deal of guilt which I did not admit to until today.  And as I heard Ray Kelly’s words, I thought how truly fortunate he is, and I am.  And it is not only the sacrifices.  It has been for me and I’m certain for Ray and others the recognition that without Veronica or Pat there would not have been even the slightest possibility of our success.

            For me every decision I made, I vetted through Pat and I can tell you that virtually every decision, which was contrary to her sound judgment, led to a serious mistake.  Please join me with thanking Pat for her love and unselfish support.

            Twelve years ago, as I stood in the well of this ceremonial courtroom, and I promised the people of Brooklyn that they would soon see a significant drop in crime.  Brooklyn by 1990 had become the fifth most violent municipality, per capita in the United States.  I said then that Brooklyn was an armed camp, and so the promise to reduce crime seemed to be a rhetorical delusion.  Nonetheless, I was determined to see a serious reduction in crime within twenty-four months.  But because of the incredible efforts of a talented staff of women and men in our Office that goal was achieved within twelve months.  While the murder rate, which stood appallingly high at 700 each year for the first two years of my administration, every other serious crime began to fall.  And as we concluded the first twelve years on December 31, 2001, Brooklyn had fewer than one hundred thousand index or serious crimes than it had at the end of 1990.  And beginning in 1994, the murder rate began to plummet, so that as we ended 2001, we had 500 fewer murders than in 1990.

            The success of these reductions have had in their foundation, a real partnership with the New York City Police Department, the hard work and dedication of my staff, and above all, the complete support of our diverse communities throughout Brooklyn.  Building on that community support, our education program, Project Legal Lives, our Drug Treatment Alternative to Prison or DTAP; and our Truancy reduction program have become national models.

            What we have concluded, now with sufficient data, is that the jailing of offenders is perhaps the easiest thing we do.  But jail we do, where appropriate – refusing to plea bargain with socio-paths and with drug traffickers.  However, it is also clear to us that prevention of crime is not about rhetoric but about action; and so our prison inmate re-entry program or Community Alert was not given mere lip service, but real support, first with Mayor Giuliani and, now with Mayor Bloomberg. Our response to Domestic Violence born out of the memory of my Mother’s nightmare, has forced batterers to pay a serious price, but has offered some, closely supervised counseling in order to break the pernicious cycle of family rage.

            These programs, as well as many others have secured a safe Brooklyn during these twelve years;  But what will be accomplished during the next twelve.  Let me mention just two.

            First, Drew House, named for my Mother, Regina Katherine Drew-Hynes.  It will provide a safe residential haven for otherwise prison-bound non-violent women and for their children.  It will offer an education program for their children administered by the Banks Street School, and it will give education, job training and job placement to the Mothers.  I want to especially thank the law firm of Cravath, Swaine and Moore and one of its senior partners, FAO Schwartz, Jr. for their pro bono efforts, made toward the success of Drew House.

            One final thing – some day soon the Congress of the United States will enact the Drug Treatment Alternative to Prison or DTAP: legislation pending in both Houses – DTAP which began here in Brooklyn and has been replicated throughout New York City.  When that legislation becomes law in Washington, I am certain that the New York State Legislature will at long last reform the Rockefeller Drug Laws by its own codification of DTAP. With that in place, drug crime throughout New York State and across America will be substantially eliminated and a level of public safety not seen since the 1950’s will return, and someday will be taken for granted.

Eighteen years ago, when I decided to permanently leave the private sector I did so for various reasons.  Above all, I suppose the reason was my faith in Government’s ability to fairly and justly represent the people.  Many commentators have addressed this theme.  One of my favorites are the words of Adlai E. Steveson who wrote, in 1948; “Government is more than the sum of all the interest; it is the paramount interest, the public interest.  It must be the efficient, effective agent of a responsible citizenry, not the shelter of the incompetent and the corrupt.”

            Each day, I and many others in Government who may not have heard the words of Governor Stevenson – nonetheless, work toward the fulfillment of his dream.  And that is my pledge, to you and to the people of Brooklyn for the next four years.

            Thank you and God bless you.  

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003
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT OF SUPREME COURT JUDGE ON BRIBERY CHARGE
 

Indictment follows investigation and arrest by DA’s Rackets Bureau

             Brooklyn, January 24, 2002---Kings County District Attorney Charles J. Hynes today, announced the indictment of Supreme Court Justice Victor I. Barron, who is charged with soliciting and accepting a bribe in excess of $10,000 in exchange for signing a court order related to a case over which he was presiding.           

            “Despite the transgression of one individual my faith in the integrity of the judiciary remains steadfast,” said District Attorney Hynes.  “However, we must remain vigilant in order to protect the keystone of our system of justice.” 

            The investigation into Barron, 60, of 2036 E.36th St. Brooklyn, began in January 2002, when an attorney who was appearing before him in a civil case, brought to the district attorney’s attention, a solicitation made by the Judge in June 2001.  The attorney alleged that Barron, on June 11, 2001, asked for a bribe of more than  $10,000 in exchange for signing a court order related to the case. 

            The judge allegedly repeated his demand on June 12, 2001, and signed the order. Nothing more was heard by the attorney, from the judge, on the subject until January 4, 2002, when he called the attorney to ask him to come to see him. 

            After meeting with investigators and prosecutors from the Kings County District Attorney’s Office it was arranged that the attorney would go see Barron on January 18, 2002.  On that date Barron allegedly accepted the partial payment and allegedly even made a remark indicating he thought it was well worth the money to get the case settled.           

            The Deputy Chief Investigator of the Kings County District Attorney’s Office arrested Barron, on January 22, 2002. 

            Michael Vecchione, Chief of the Investigations Division and Jay Shapiro Chief of the Rackets Division are prosecuting the case.

Contact:
Jerry Schmetterer
Director of Public Information
718-250-2300  

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004

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES TACKLES ORGANIZED SPORTS ON SUPER BOWL SUNDAY CALLS FOR SUPPORT IN CRACKDOWN ON ILLEGAL GAMBLING

 OPERATION “KINGS FLUSH” SCORES 13 ARRESTS
MORE THAN $250,000 CASH AND 13 COMPUTERS SEIZED

FROM GAMBINO FAMILY ORGANIZATION 

Illegal Internet Gambling up to $2 billion a year 

                Brooklyn, February 3, 2002---Kings County District Attorney Charles J. Hynes today called on professional sports organizations such as the National Football League and Major League Baseball to more vigorously support law enforcement efforts to boot organized crime out of the sports betting business.

            ”It is way past the time for the multi-billion dollar sports organizations, the NFL, Major League Baseball, the NBA, and the others, to bench their hear no evil, see no evil, say no evil positions and to come out strongly against sports betting run by organized crime which fuels the scourge of our society---drug trafficking,” said District Attorney Hynes.

            Law enforcement estimates that illegal gambling generates as much as $15 billion a year in New York City alone---$4 billion on the Super Bowl. alone.

            “Since 1993 I have been waiting for an answer from these sports businesses to no avail. They must get their heads out of the sand before the tragedies of Pete Rose and Art Schlicter are repeated,” said Hynes.

            Hynes remarks came at a press conference announcing the results of “ Operation Kings Flush” a joint effort by the KCDA’s office and the NYPD’S Vice Enforcement Unit, to shutdown illegal gambling sites in Brooklyn, Manhattan, Staten Island, Queens and Connecticut.

            The operation, which culminated yesterday (Feb.2), involved raids on 13 sites, most operated by the Gammon crime family, resulted in 13 arrests, 13 computers seized and about $250,000 in cash recovered.

            Most importantly investigators seized betting records known as “work” that indicated the raided spots were doing about $40 million a year business.

            This year an alarming increase in Internet gambling was seen.  Increasingly, bookies in New York City are supplying Internet codes to bettors, which give them access to offshore sites, such as Costa Rica and Antigua.  Bets are guaranteed through the bookies so the gambler does not have to use a credit card or some other form of accountability.  Internet gambling in New York City increased from $300 million last year to $2 billion this year, according to estimates based on seized records.

            The District Attorney thanked Deputy Inspector Marilyn Scahill, Commanding Officer of the DA’s Squad, Det. Stan Jacobson and Det. Pak Tang of the Squad. First Assistant Chief Joseph Ponzi  Assistant Chief Henry Lemons, Dep. Insp. Al Lombardo and Detective Investigators Guy Deboer and Sean Winter of the District Attorney’s Investigations Unit and Captain Henry Wallace of the NYPD Vice Enforcement Unit and the NYPD Asset Forfieture and Computer Investigations Unit.

            Executive District Attorney Chris Blank, and Assistant District Attorney Patricia McNeil of the Rackets Bureau will prosecute the case. 

 

Arrested at 2157 70th Street, Brooklyn:

Richard Kaufman                     2157 70th Street, Brooklyn

Charges:           Possession of Gambling Records in the First Degree

                        Promoting Gambling in the First Degree

                        Conspiracy in the Fifth Degree 

Arrested at 2942 West 5th Street, Brooklyn: 

Constance Kaufman                     2942 West 5th Street, Brooklyn 

Charges:           Possession of Gambling Records in the First Degree

                        Promoting Gambling in the First Degree

                        Conspiracy in the Fifth Degree 

Arrested at 132 Fahy Avenue, Staten Island: 

Richard Troy                          132 Fahy Avenue, Staten Island 

Charges:           Possession of Gambling Records in the First Degree

                        Promoting Gambling in the First Degree

                        Conspiracy in the Fifth Degree

Arrested at 711 86th Street, Brooklyn: 

Robert Cicero                          2033 Stillwell Avenue, Brooklyn 

Charges:           Criminal Possession of Marijuana in the Second Degree

Criminal Possession of Marijuana in the Third Degree

Criminal Possession of Marijuana in the Fourth Degree

Criminal Possession of a Weapon in the Fourth Degree

                        Promoting Gambling in the Second Degree

                        Conspiracy in the Fifth Degree

 

Arrested at 2915 West 5th Street, Brooklyn: 

Joseph Anemone                    2915 West 5th Street, Brooklyn 

Charges:           Promoting Gambling in the Second Degree

                        Possession of Gambling Records in the Second Degree 

Arrested at 1250 Ocean Parkway, Brooklyn: 

Robert Bernstein              1250 Ocean Parkway, Brooklyn 

Charges:          Promoting Gambling in the Second Degree

                        Possession of Gambling Records in the Second Degree

 

 

Arrested at 1369 East 72nd Street, Brooklyn: 

Mark Barasch                                  62-48 85th Street, Queens, NY

Rocco Lecce                           2350 63rd Street, Brooklyn 

Charges:           Possession of Gambling Records in the First Degree

                        Promoting Gambling in the First Degree

                        Conspiracy in the Fifth Degree 

 

Arrested at 416 E. 118th Street, Manhattan: 

Gino Castignoli              3233 Spencer Drive, Bronx, NY 

Charges:           Possession of Gambling Records in the First Degree

                        Promoting Gambling in the First Degree

                        Conspiracy in the Fifth Degree

 

Arrested at 155-02 79th Street, Howard Beach, Queens: 

Anthony Marrone                  723 Wilson Street, Franklin Square, NY

Eric Salas                               11114 North Street, Elmont, NY

James Leone                          1264 Bergen Avenue, Brooklyn 

Charges:           Possession of Gambling Records in the First Degree

                        Promoting Gambling in the First Degree

                        Conspiracy in the Fifth Degree

 

Arrested at 21 Daniella Court, Staten Island: 

Craig Kaplan                          21 Daniella Court, Staten Island 

Charges:           Possession of Gambling Records in the First Degree

                        Promoting Gambling in the First Degree

                        Conspiracy in the Fifth Degree

                       

All are awaiting arraignment. 

Contact:
Jerry Schmetterer

718-250-2300

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005

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES DISMISSES CHARGES AGAINST FORT HAMILTON HIGH SCHOOL ASSISTANT PRINCIPAL THOMAS GREENE 

Brooklyn, February 25, 2002  ---  Kings County District Attorney Charles J. Hynes, today, announced assault charges against Thomas Greene, assistant principal of Fort Hamilton High School, stemming from an incident at the school January 4, 2002, have been dismissed.  Also today, Hynes announced that Marie Neto, a swimming instructor at Fort Hamilton High School has been charged with assault, attempted assault, menacing and harassment in connection with an attack on Greene.  A second assistant principal, Susan Russo has accepted an ACD (Adjournment in Contemplation of Discharge) and will perform three days of community service and charges against Georganna Rafaniello, were dismissed.           

The charges resulted from an altercation in which Greene was punched in the head and face, requiring several stitches.            

District Attorney Hynes made the following statement: 

 “This Office has conducted an extensive investigation into an incident, which occurred on January 4, 2002 at 5:15pm in the pool area of Fort Hamilton High School, in Brooklyn.   The incident resulted in the arrest of Marie Neto, a swimming instructor at the school; Susan Russo, an Assistant Principal, at the school; Georganna Rafaniello, a teacher at the school and Thomas Greene, an Assistant Principal at the school.  The arrest of Thomas Greene, according to numerous witnesses, was against the clear weight of credible evidence.  Mr. Greene was not an aggressor but rather a victim.  Accordingly, the charges against him are dismissed.  I found the circumstances surrounding his arrest troubling.  But I am satisfied that the Internal Affairs Bureau, of the New York City Police Department, will determine the factors which led to Mr. Greene’s arrest. 

It is also our findings that there is no credible evidence against Ms. Rafaniello, therefore the charges against her are dismissed.  With respect to the charges against Ms. Russo, we have negotiated an ACD and she will perform three days of community service. With respect to the

Charges against Ms. Neto, there is in our judgment overwhelming evidence to prove she intentionally caused physical injury to Thomas Greene, by punching him repeatedly in the face.  Accordingly, the charges against her are sustained and we will proceed to trial.  My grave concerns about this incident, which unfolded before numerous children in the pool area of the school, have led me to appoint Jeffrey R. Levitt, Executive Assistant District Attorney, to personally prosecute the case against Ms. Neto.” 

Ms. Neto pleaded not guilty in front of Criminal Court Judge John DeLury.  She was released on her own recognizance for a court appearance on April 4th. 

Contact: 
Sharon Toomer 
718.250.2300

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006

TOLEDO, OHIO GROUP VISITS
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES
TO LEARN ABOUT TRUANCY PROGRAM
 

Brooklyn, March 1, 2002 -- A group from Toledo, Ohio will visit District Attorney Charles J. Hynes' office to tour his Truancy program, TRACK (Truancy Alliance Reduction to Contact Kids), on Tuesday, March 5, 2002.    The Ohio group is interested in observing the operations of TRACK and discussing approaching to implementing the program in Toledo. 

Started in 1998, TRACK is one of District Attorney Hynes' programs and initiatives targeting students in an effort to reduce truancy as well as daytime crime and youth victimization.  The program is a collaborative initiative that includes the NYPD, Board of Education, Administration for Children's Services, the Diocese of Brooklyn, local community organizations, merchants and parents.  

TRACK operates out of six centers located throughout Brooklyn.  Each center is staffed with Truancy Counselors from the District Attorney's office, NYPD police officers and Board of Education personnel.  Students are interviewed by a Truancy Counselor who contacts parents, assesses the need for support services and makes the appropriate referral.  Truancy Counselors continue to monitor TRACK students by staying in contact with schools and parents.  During the school year 2000 - 2001 TRACK processed more than 8,500 students.   

Former Mayor Giuliani recognized the success of TRACK and in 2000 called for the replication citywide.  To date, Manhattan, Bronx, Queens and Staten Island District Attorneys have opened truancy centers in their boroughs.  District Attorney Hynes' TRACK program has also been adopted by other jurisdictions across the country. 

Contact:
Sharon Toomer
Deputy Director of Public Information
718-250-2300

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007

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES
ANNOUNCES ARREST OF BAY RIDGE LAWYER
WHO RIPPED OFF MORE THAN $2 MILLION FROM CLIENTS

Victims include a 90-year-old man who lost $600,000 

            Brooklyn, March 20, 2002 --- Kings County District Attorney Charles J. Hynes today announced the arrest of Bay Ridge lawyer Frank Gangemi, 38, who is charged with 13 counts of Grand Larceny in the Second Degree and six counts of Grand Larceny in the Third Degree after swindling clients out of more than $2 million dollars.  

"Through various schemes including check fraud, forgery, investment, mortgage and insurance scams, Mr. Gangemi accepted hundreds of thousands of dollars from individuals on the premise that he would invest or appropriate their money," said District Attorney Hynes, "instead, Mr. Gangemi would take the money for his own personal use and when questioned by clients he would fend them off by writing bad checks."   

A total of 10 victims fell prey to Mr. Gangemi's scheming practices.  Among them, a 90-year-old man whom Mr. Gangemi stole more than $600,000 from in a number of ways.  Without permission or authority, Mr. Gangemi cashed in life insurance policies, sold the elderly man's Miami Beach apartment as well as mortgages he held and wrote a $65,000.00 check to himself on the victims account.   To aid in his practice of deception the 38-year-old lawyer used his Interest on Law Account (IOLA) as a personal bank account.  

In another instance, Mr. Gangemi was retained to handle a lawsuit and upon receiving the proceeds of the settlement in excess of $150,000.00, he failed to make payment to his client. After the client repeatedly demanded her portion of the settlement proceeds, Gangemi paid the client with a bad check. 

"It is unconscionable that an officer of the court would violate the trust these victims placed in his charge," said District Attorney Hynes.   

Frank Gangemi resigned from the Bar yesterday. Mr. Gangemi is awaiting arraignment. 

In 2001, two unrelated victims lodged separate complaints to the District Attorney's Senior Affairs Bureau and Citizens Action Center, which sparked the investigation into Frank Gangemi. The investigation is on going and could later lead to additional charges and defendants.  

Deputy District Attorney Melissa Jackson and Senior Assistant District Attorney Patricia M. McNeill both of the District Attorney's Rackets Division are heading the investigation and prosecution. Jay Shapiro is Chief of the Rackets Division. Michael F.Vecchione is Chief of the Investigations Division. Nancy Davis is Chief of the Citizens Action Center. Eugene Kelly heads the Senior Affairs Bureau. 

Contact:
Sharon Toomer
Deputy Director of Public Information
718.250.2300  

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008

23 ARRESTED FOR COLLECTING UNEMPLOYMENT WHILE WORKING  

            Brooklyn, April 17, 2002. . . Kings County District Attorney Charles J. Hynes announced today the arrests of 23 individuals on charges of collecting over $146,000 in unemployment from the New York State Department of Labor while all were gainfully employed 

            In the last three years, the Kings County District Attorney's Office has prosecuted 194 unemployment insurance (UI) fraud cases and has received restitution orders for the Department of Labor totaling $1,188,693.00.  Defendants in these cases, while fraudulently collecting unemployment, held jobs generally in Wall Street firms, beverage companies, city agencies, private corporations and temp agencies.  

            The arrests are a result of joint efforts by the New York State Labor Department and the Kings County District Attorney's Office. 

            In 2001, the State Labor Department referred more than 800 unemployment insurance fraud cases to district attorney's offices throughout New York representing nearly $4 million in fraudulent claims. 

            The 23 defendants in this case will be charged with Grand Larceny in the Third Degree, a Class D felony punishable by a maximum prison term of up to seven years. 

            "These defendants' cheated a system designed to aid those individuals who are legitimately unemployed and seeking work," District Attorney Hynes said.  "The real victims of these crimes are the hard-working taxpayers of New York whose tax dollars support the unemployment insurance system."             

            District Attorney Hynes also thanked State Labor Commissioner Linda Angello and her office for their persistent hard work in investigating and unveiling these fraudulently filed unemployment claims.  

            Commissioner Angello said, "We are grateful for the diligent efforts of the Kings County District Attorney's office to help us crackdown on people who intentionally cheat the unemployment insurance system.  Together we will continue to arrest and criminally prosecute all violators.  Our aggressive efforts are aimed at protecting the integrity and health of the UI Trust Fund." 

            Unemployment insurance fraud typically consists of single claimant fraud when a person that initially collects legitimate unemployment benefits continues to claim benefits after they return to work. 

            The criminal prosecution of unemployment insurance fraud serves to return money stolen from the UI Trust Fund and to assure taxpaying business owners that the tax money they pay is handled efficiently.   

            Each of the 23 defendants, who at one time legally collected unemployment from the State Labor Department, are accused of continuing to collect checks after gaining employment.  

             The cases are being prosecuted by Lauren Mack, Bureau Chief, Public Assistance Crimes Unit.

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009

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES
ANNOUNCES INDICTMENT OF 
RUSSIAN MOB “HITMAN”
 

Sting operation nabs suspect with guns and ski mask.
 

Brooklyn, April 18, 2002 --- Kings County District Attorney Charles J. Hynes announced today the indictment of Alexander Sharashendze, 28, of 30-85 Brighton 13th Street, Brighton Beach, following an investigation in which Mr. Sharashenze, an alleged "hitman" with ties to Russian-American organized crime, agreed with an undercover detective posing as a drug dealer to kill a supposed rival drug dealer. 

The two-month investigation was conducted by the Kings County District Attorney’s Office and members of the New York Police Department including officers assigned to the NYPD Intelligence Division, Priority Targeting Unit, Emergency Services Unit, Brooklyn South Narcotics - Major Case Unit, and the Organized Crime Investigative Division. 

"This is a great example of interagency collaboration among law enforcement agencies," said District Attorney Hynes. 

During the investigation, an NYPD detective established an identity as a drug dealer.  In that capacity, the undercover detective learned that Mr. Sharashendze claimed to be a contract killer. The detective then initiated contact with the defendant between March 14th and 21st, 2002.  In a conversation with the detective, Mr. Sharashendze offered and agreed to commit a murder and robbery in Kings County in exchange for payment. 

The defendant agreed to go to the scene of a supposed drug deal - involving a drug dealer named "John" - where he would kill the drug dealer and take more than $200,000.00 in cash and 25 kilos of cocaine from John and that other person.   

Investigators prepared the meeting location in the vicinity of Creamer Street between Court and Smith Street in an industrial section of Red Hook in Brooklyn where the murder and robbery was to occur.   Shortly after the defendant arrived at the designated meeting place, police from the Emergency Service Unit surrounded his car and detectives took Mr. Sharashendze into custody.  A 9mm semi-automatic firearm, a .22 caliber revolver, ammunition and a black ski mask were found on the floor of the car.   

On March 22, 2002 the defendant was arraigned before Criminal Court Judge Lopez-Torres.  On April 16, 2002, the defendant was arraigned before Kings County Supreme Court Judge Neil Firetog on an indictment containing the following charges: Conspiracy in the Second Degree, Conspiracy in the Fourth Degree, Two Counts of Criminal Possession of a Weapon in the Second Degree, Two Counts of Criminal Possession of a Weapon in the Third Degree and Resisting Arrest. 

The Defendant faces a maximum sentence of 25 years.  

Senior Assistant District Attorney John Dixon and Assistant District Attorney Bryan Wallace both of the District Attorney's Rackets Division are heading the investigation and prosecution.  Deputy Chief Investigator George Terra of the District Attorney's Special Investigations Unit was the lead investigator.  Michael F.Vecchione is Chief of the Rackets and Investigations Division.  

Copies of the indictment are available.

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010

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES DECISION REGARDING DEATH PENALTY IN FIRST DEGREE MURDER CASE 

            Brooklyn, April 12, 2002 --- Kings County District Attorney Charles J. Hynes announced today that he will seek a sentence of life without parole in the prosecution of Nagmeldeen Azaz, indicted for First Degree Murder and other charges involving the death of his wife and child on August 20, 2001, in Bedford-Stuyvesant, Brooklyn. 

            Azaz, 37, was charged in a eight-count indictment with the intentional murders on August 20, 2001, of his wife Ishan Thang, 35, and their eight-month old son, Najib Adam Azaz. 

            "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 plead 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 following jury trials of Murder in the First Degree and sentenced to Life Without Parole after a waiver of their appeal, while another defendant was convicted of Murder in the Second Degree and other charges and was sentenced to 65 years to life. In the seventh case, the defendant, Darrell Harris, was sentenced to death pending the outcome of an appeal. 

            In two other cases, the defendants pled guilty to First Degree Murder and were sentenced to Life Without the Possibility of Parole prior to the decision on whether to seek the imposition of the death penalty was made by the District Attorney. 

            The New York State capital punishment statute 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. 

            Azaz was arraigned on October 29, 2001, and the 120-day period was originally to have elapsed on January 28, 2002. After an application by the defense attorneys, and upon a finding by the Court, the time to file the notice was extended to Friday, April 12, 2002.  

            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. 

            Azaz is accused of the following charges: Murder in the First Degree (two counts); Murder in the Second Degree (five counts); and Criminal Possession of a Weapon in the Fourth Degree. 

            The indictment charges that Azaz, on August 20, 2001, intentionally caused the death of both his wife Ishan and their child Najib by hacking them to death with a meat cleaver. Both victims died as a result of their wounds and injuries. The incident took place in the afternoon of August 20, 2001, inside of the family's apartment at 109 Hancock Street in the Bedford-Stuyvesant section of Brooklyn. 

       Azaz is being held without bail, awaiting trial in Supreme Court, Kings County. The case is assigned to the Honorable Anne G. Feldman of the Supreme Court, Kings County, and the next court date is April 12, 2002.         The case is being prosecuted by Senior Trial Assistant Joseph Calabrese of the Homicide Bureau.   A copy of the indictment is available.

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011

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES DECISION REGARDING DEATH PENALTY IN FIRST DEGREE MURDER CASE 

            Brooklyn, April 19, 2002 --- Kings County District Attorney Charles J. Hynes announced today that he will seek a sentence of life without parole in the prosecution of Vladimir Zuran, indicted for First Degree Murder and other charges involving the death of a woman during a robbery on April 12, 2000, and the killing of Zuran's former roommate on April 24, 2000. Both murders took place in the Sheepshead Bay section of Brooklyn. 

            Zuran, 38, was charged in a fourteen-count indictment with the intentional murder during a robbery on April 12, 2000, of Veronika Chaschina, 29, and with the intentional murder of Yuri Bershadski, 33, on April 24, 2000.  

            "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-ninth 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 pled 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 following jury trials of Murder in the First Degree and sentenced to Life Without Parole after a waiver of their appeal, while another defendant was convicted of Murder in the Second Degree and other charges and was sentenced to 65 years to life. In the seventh case, the defendant, Darrell Harris, was sentenced to death pending the outcome of an appeal. 

            In two other cases, the defendants pled guilty to First Degree Murder and were sentenced to Life Without the Possibility of Parole prior to the decision on whether to seek the imposition of the death penalty was made by the District Attorney. 

            The New York State capital punishment statute 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. 

     Zuran was arraigned on November 2, 2001, and the 120-day period was originally to have elapsed on March 1, 2002. After an application by defense attorneys, and upon a finding by the Court, the time to file the notice was extended to Friday, April 19, 2002.  

     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. 

     Zuran is accused of the following charges: Murder in the First Degree (two counts); Murder in the Second Degree (five counts); Robbery in the First Degree (two counts); Robbery in the Second Degree; Criminal Possession of a Weapon in the Second Degree (two counts); and Criminal Possession of a Weapon in the Third Degree (two counts). 

     The indictment charges that Zuran, on April 12, 2000, intentionally caused the death of Veronika Chaschina during a robbery by shooting her with a handgun. Chaschina was shot inside of her home at 1916 East 9th Street, Brooklyn. The indictment also charges that on April 24, 2000, Zuran intentionally caused the death of Yuri Bershadski by shooting him with a handgun at an apartment the two shared at 2613 Emmons Avenue. The indictment further alleges that Zuran shot Bershadski in part because Bershadski had witnessed the Chaschina murder. Both victims died as a result of their wounds and injuries.  

            Zuran is being held without bail, awaiting trial in Supreme Court, Kings County. The case is assigned to the Honorable L. Priscilla Hall of the Supreme Court, Kings County, and the next court date is April 19, 2002.  

            Senior Trial Assistant Joseph Calabrese of the Homicide Bureau is prosecuting the case.  A copy of the indictment is available.

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012

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES AND BISHOP THOMAS V. DAILY SIGN

MEMORANDUM OF UNDERSTANDING 

Document spells out process of reporting allegations of sexual abuse by priests 

            Brooklyn, April 29, 2002---Kings County District Attorney Charles J. Hynes and Bishop Thomas V. Daily of the Diocese of Brooklyn and Queens have signed a joint Memorandum of Understanding in which the Diocese agrees to immediately report to the District Attorney’s Office any allegations of sexual abuse of minor children by a priest.

A key element of the MOU delineates that: “Any and all allegations regarding the sexual abuse of minor children which are reported to the Diocese of Brooklyn or to members of the clergy or to employees of the Diocese will be immediately forwarded to the Kings County District Attorney's Office without prior screening regarding the truth of the allegations.” 

“This ground breaking agreement clearly defines how allegations of sexual abuse by priests should be handled by the Diocese and clearly describes to parishioners and the public the role of the District Attorney’s Office in enforcing the laws that are meant to protect our children from criminal conduct," said Hynes.           

The MOU applies to: “Any and all members of the clergy and employees of the Diocese of Brooklyn, regardless of their title, position or affiliation” who have reason to suspect that a “minor child coming before them in their professional or official capacity ahs been sexually abused by a member of the clergy.”           

It also states they must report to the DA when “they have reason to suspect that a minor child has been sexually abused by a member of the clergy based on a report from a parent, guardian, custodian or other person legally responsible for such child” and when “ a parent, guardian, custodian or other responsible person comes before them” with information that indicates a child may have been “a victim of sexual abuse by a member of the clergy.”

"In this step of formulating a Memorandum of Understanding between the Diocese of Brooklyn and the Office of the Kings County District Attorney, to deal with allegations of sexual

abuse of minors by members of the clergy, I see another concrete manifestation of our shared commitment to ensure the safety of our children though our mutual collaboration," Bishop Thomas V. Daily of the Diocese of Brooklyn and Queens said.  

"This Memorandum will enable both, the Diocese of Brooklyn and the Office of the Kings County District Attorney, to have guidelines for the handling of such allegations, while protecting the sacred relationship which exists between a confessor and a penitent," Bishop Daily added. "We renew our commitment to cooperate with the civil authorities."  

CONTACT: Jerry Schmetterer - (718) 250-2300

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013

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES HONORS HEROES WITH LAW ENFORCEMENT APPRECIATION AWARDS 

Officers dodge bullets, save babies and rush into World Trade Center 

            Brooklyn, May 9, 2002 -- The Kings County District Attorney’s office announces the winners of the 12th annual Law Enforcement Appreciation Awards on Thursday, May 9th at 8:30 a.m. at the Brooklyn Marriott Hotel.  This ceremony will honor some of the courageous and dedicated employees of the New York Police Department, New York Fire Department, and other NYC law enforcement/public safety agencies. 

            The award ceremony acknowledges the work of some of the city’s top employees.  These officers have played instrumental roles in protecting our citizens and improving our communities.  

This year’s ceremony takes on extraordinary significance in light of the terrible tragedy that took place on September 11th, 2001.  As District Attorney Charles J. Hynes says, “Each year, we remind ourselves that law enforcement officers and their brothers and sisters in public safety – firefighters and emergency service workers – share a common bond: they face danger every day of their lives, whether on duty or off duty, never knowing whether they will return home safely to their loved ones after a day’s work.”  This ceremony allows us to show these brave men and women our appreciation for the work they do. 

Among the honorees is Sergeant Winston Smith who had one long shift.  All in one day, he took a bullet to the helmet, helped to capture the crazed gunman who shot at him, and then ended his day by delivering a baby. Then, there’s the story of Sergeant Richard Mulvaney and Detective Thomas Caufield of the 68th Detective Squad.  These officers went out of their way to give a proper burial to a decorated war veteran after finding out that this homeless man had no family.  

Other honorees have amazing stories as well.  Among the award recipients are: 

Det. Edwin Sanchez – a member of  the Eldorado Task Force, where he plays an instrumental role in infiltrating and disrupting narcotic organizations which launder their drug proceeds. 

Detective Joseph Holmes – He dedicated his career to making the streets safe and free of DWI offenders.  He has made more than 550 arrests for DWI.  

Captain Darryl Walker -  Correction officer who does a lot of work with kids, developing programs and serving as a mentor.   

Supervising Investigator Ronney Brown – A Supervising Investigator for the Brooklyn District Attorney’s office.  Ronney has worked on a Task Force where he succeeded in his mission to locate & apprehend fugitives.  Remarkably, he located and apprehended over 90 fugitives in four months.  

Police Officer Michael Puhl – During one particular incident, Officer Puhl assisted in controlling a large crowd.  At this time, a man fired five shots in his direction.  He helped apprehend and get this violent criminal off the streets. 

Officer Joseph Eckert – Bridge and Tunnel Officer who helped clear the Brooklyn Battery Tunnel on September 11th, enabling emergency vehicles to get through quicker and more efficiently to rescue the victims in the World Trade Center. 

Lt. Joseph Gandiello, Greg Patsos, Glen Fischer, Hank Fried, Joseph Harris, Paul Mastronardi – On October 28, 2001, these firefighters came to the aid of a man being robbed, wrestled the gunman to the ground and disarmed him.   

Sergeant Louis Pioli – Very well respected police officer who has served the NYPD for 33 years.  He has been a mentor to younger police officers.  Has received numerous perfect attendance awards.   

Officer John Grella – He has initiated and participated in many department and community oriented programs including Operation Warm which provides free blankets to local houses of worship and community based organizations for distribution to the needy.   

Lt. Jack LaTorre – He was awarded the U.S. Coast Guard Achievement Medal for his development of innovative education programs to teach Brooklyn residents, especially children, the effects of land-based pollution affecting the ocean. 

Officer James Grillo – Graffiti Enforcement Officer who has had tremendous success in eliminating individuals from vandalizing the community. 

Officer Vincent Phillips – Apprehended an extremely dangerous criminal known as the Bodega Bandit, and closed a pattern of serious crimes against the citizens of NY.   

Sergeant Winston Smith – Veteran NYPD cop who got shot and delivered a baby in the same day. 

Sergeant Richard Mulvaney and Detective Thomas Caufield – These police officers decided to take matters into their own hands when an elderly, homeless man passed away.  It turns out that this man was a decorated war veteran with no kin, so these officers arranged for a proper burial. 

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014

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES AND U.S. DRUG ENFORCEMENT DIRECTOR ASA HUTCHINSON ADDRESS GRADUATES OF DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAM 

Hynes speaks on reform of Rockefeller Drug Laws 

Brooklyn, May 2, 2002 -- Kings County District Attorney Charles J. Hynes will honor 83 graduates of his Drug Treatment Alternative to Prison (DTAP) Program on Thursday, May 2, 2002, at 6:00 p.m. at Borough Hall in downtown Brooklyn. Asa Hutchinson United States Drug Enforcement Director will deliver the keynote address.  The District Attorney will speak about reforming the Rockefeller Drug laws. 

District Attorney Hynes created DTAP in 1990.  It is the first prosecution-run program to divert prison-bound non violent felony offenders to residential drug treatment.  Once the defendant successfully completes the fifteen to twenty-four month residential program, his/her guilty plea is withdrawn and the case is dismissed.  If the defendant fails, he/she returns to court to face sentencing to prison on the original plea of guilt. 

DTAP, now in its twelfth year of operation, has lowered the recidivism rates of its graduates by almost half, while generating significant cost savings to New York State.  Over 600 participants have completed treatment, and they represent approximately $22.7 million dollars in economic benefits. 

Siding with critics of the Rockefeller drug laws District Attorney Hynes said, "Simply warehousing nonviolent substance abusers in state prisons is clearly not the answer. Rather than relaxing the laws against drugs, the penalties against their use can serve the constructive role of encouraging addicts to opt for treatment." 

       "New York's Drug Treatment Alternative-to-Prison program demonstrates the tremendous success we can have helping addicts heal and in reducing the demand for drugs in this country.  Under a system of accountability and compassion, this program is rebuilding lives and families and strengthening New York's communities.  It is my honor to welcome these graduates back to a drug-free, healthy and productive life," said Drug Enforcement Administration Director Asa Hutchinson. 

Some graduates will be available for comment.  Among them, Ms. Dorothy Gramenga and Mr. Ray Ribot.   

       At the age of nine, Ms. Gramenga began smoking the gateway drug, marijuana.  As a young teen she dropped out of school and left home.  For more than 30 years, Ms. Gramenga abused drugs such as the addictive narcotic crack-cocaine.  To support her habit Ms. Gramenga sold crack-cocaine, prostituted herself and eventually landed herself a few sentences in jail and prison. When she was accepted into DTAP and entered a treatment program at Samaritan Village she was  gaunt,  sickly and missing most of her teeth.   During her treatment Ms. Gramenga became physically and mentally healthier.   She earned a GED, obtained a driver's license and received vocational training.  Today, at 42 years old, Dorothy Gramenga is employed with Candle Business Systems as a technician, repairing office equipment in the New York City area.   

       In September of 1999, Ray Ribot was arrested for selling heroin in Bushwick, Brooklyn.  As a non-violent offender he was offered entry into DTAP under the condition that he complete his drug abuse treatment program at Odyssey House.  If he did not complete the program, he would be incarcerated for the drug offense.   While Mr. Ribot did not want to find himself incarcerated without treatment for his drug abuse, his motivation to succeed was in fact guided by his conviction to avoid the outcome of his father's life and death.  As a drug user addicted to heroin for many years, his father was killed prematurely by a heart attack.  Ray Ribot has been drug free for more than two years.   Today, he is a skilled home renovator who supports his children and wife of more than 12 years as a copying machine operator.             

       “DTAP gives nonviolent offenders an opportunity to change their lives of addiction and crime into lives of hope and promise,” District Attorney Hynes said. 

Of the 83 graduates this year, 86% are men and 14% are women ranging in age from 24 to 75.    Although some graduates are unemployed due to physical disabilities or child care responsibilities, 63 graduates are currently working. Their jobs include office administrators, clerks, carriers, drivers, counselors, carpenters printers and food service workers.  Graduates received treatment at residential therapeutic communities, including Daytop Village, Phoenix House, Samaritan Village, Odyssey House, Veritas, Project Return, H.E.L.P/Project Samaritan, El Regresso, Crossroads, Damon House, Promesa, Rivington House, J-Cap and Serendipity. 

       Counsel to the District Attorney Anne Swern is the Director of DTAP, and she is assisted by DTAP Bureau Chief David Heslin and Deputy Bureau Chief Caroline R. Donhauser.

Contact:
Sandy Silverstein
718.250.2300

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015

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES DECISION REGARDING DEATH PENALTY IN FIRST DEGREE MURDER CASE 

       Brooklyn, May 3, 2002 --- Kings County District Attorney Charles J. Hynes announced today that he will seek a sentence of life without parole in the prosecution of Sharron Ivory, indicted for First Degree Murder and other charges involving the death of Terry Spencer on October 18, 2001, in East New York, Brooklyn. 

       Ivory, 24, was charged in a fifteen-count indictment with the intentional murder during a burglary on October 18, 2001, of Terry Spencer. Ivory is also charged with the attempted murder and assault of his ex-girlfriend, Cherlene Pearson, and their fourteen-month old daughter, during the same incident. 

       "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 sixtieth 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 following jury trials of Murder in the First Degree and sentenced to Life Without Parole after a waiver of their appeal, while another defendant was convicted of Murder in the Second Degree and other charges and was sentenced to 65 years to life. In the seventh case, the defendant, Darrell Harris, was sentenced to death pending the outcome of an appeal. 

       In two other cases, the defendants pled guilty to First Degree Murder and were sentenced to Life Without the Possibility of Parole prior to the decision on whether to seek the imposition of the death penalty was made by the District Attorney.      

       The New York capital punishment statute 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. Ivory was arraigned on January 8, 2002, and the 120-day period is to have elapse on May 8, 2002. 

       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. 

       Ivory is accused of the following charges: Murder in the First Degree; Murder in the Second Degree (three counts); Attempted Murder in the Second Degree; Burglary in the First Degree (four counts); Assault in the First Degree (two counts); Assault in the Second Degree (two counts); Criminal Possession of a Weapon in the Second Degree; and Criminal Possession of a Weapon in the Third Degree. 

       The indictment charges that Ivory, on October 18, 2002, while in the course of committing a burglary, intentionally caused the death of Terry Spencer by shooting him to death with a revolver. During the same incident, Ivory is also accused of shooting his ex-girlfriend and infant daughter. Spencer died as a result of his wounds and injuries; the other two victims have since recovered from their injuries. The incident took place in the morning of October 18, 2001, inside of Pearson's apartment at 245 Wortman Avenue in the East New York section of Brooklyn. 

       Ivory is being held without bail, awaiting trial in Supreme Court, Kings County. The case is assigned to the Honorable L. Priscilla Hall of the Supreme Court, Kings County, and the next court date is May 8, 2002. 

       The case is being prosecuted by Senior Trial Assistant Timothy Gough of the Homicide Bureau. 

            A copy of the indictment is available.

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016

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES
DECISIONS REGARDING DEATH PENALTY IN FIRST DEGREE MURDER CASE
 

            Brooklyn, May 10, 2002 --- Kings County District Attorney Charles J. Hynes announced today that he will seek sentences of life without parole in the prosecution of Ellis Wood and Rasheen Harry, both of whom were indicted for First Degree Murder and other charges involving the death of Carlisle Hall on June 2, 2001, in the Crown Heights section of Brooklyn. 

     Wood, 42, and Harry, 25, were charged in separate indictments with the intentional murder-for-hire on June 2, 2001, of Carlisle Hall, 61. Harry is also charged with weapon possession charges for the same incident.  

     "I have concluded, after review and deliberation, that the sentence of life without parole for both defendants is the appropriate punishment to seek in this case," District Attorney Hynes said. 

     These are the sixty-first and sixty-second First Degree Murder cases in which District Attorney Hynes has decided to seek sentences 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 following jury trials of Murder in the First Degree and sentenced to Life Without Parole after a waiver of their appeal, while another defendant was convicted of Murder in the Second Degree and other charges and was sentenced to 65 years to life. In the seventh case, the defendant, Darrell Harris, was sentenced to death pending the outcome of an appeal. 

     In two other cases, the defendants pled guilty to First Degree Murder and were sentenced to Life Without the Possibility of Parole prior to the decision on whether to seek the imposition of the death penalty was made by the District Attorney. 

      The New York State capital punishment statute 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. Harry was arraigned on November 27, 2001; Wood was arraigned on November 29, 2002. The 120-day period for Harry was to have elapsed on March 27, 2002; the period for Wood was to elapse on March 29, 2002. Upon a request from attorneys for both defendants, the time was extended to May 10, 2002.  

     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 counsels; and exhaustive reviews of both defendants' respective backgrounds. 

     District Attorney Hynes said his decisions 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. 

     Harry is accused of the following charges: Murder in the First Degree; Murder in the Second Degree; Criminal Possession of a Weapon in the Second Degree; and Criminal Possession of a Weapon in the Third Degree. Wood is accused of Murder in the First Degree and Murder in the Second Degree.  

     The indictment charges that Harry, on June 2, 2001, having been contracted to kill Carlisle Hall by Wood, intentionally caused the death of Hall by shooting him to death with a handgun. Hall died as a result of his wounds and injuries. The incident took place in the afternoon of June 2, 2001, inside of a travel agency owned by Hall and located at 411 Utica Avenue in the Crown Heights section of Brooklyn. 

            Both Wood and Harry are being held without bail, awaiting trial in Supreme Court, Kings County. The case is assigned to the Honorable Anne E. Feldman of the Supreme Court, Kings County. The next court date is June 17, 2002.                      

            Senior Trial Assistant Mark Hale of the Homicide Bureau is prosecuting the case. 

            A copy of the indictment is available.

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017

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES JOINS CHURCH LEADERS TO DISCUSS THE NEEDS OF OUR YOUTH 

CLERGY BREAKFAST TO BE HELD ON MAY 10TH

            Brooklyn, May 10, 2002 --  District Attorney Charles J. Hynes is holding a breakfast to discuss the needs of our youth with members of the clergy.  The purpose of this meeting is to talk about the District Attorney’s programs and to highlight the Youth and Congregations in Partnership Program.  This event will take place on Friday, May 10th at 9:00 a.m. at the Christian Cultural Center on Flatlands Avenue in Brooklyn, NY.   

            The theme of this meeting is “The Power of Prevention: Meeting the Needs of Our Youth.” Approximately100 members of the clergy are expected to attend.  A major aspect of this meeting is the discussion of the Youth and Congregations in Partnership Program.   

 YCP trains volunteers from Brooklyn faith communities – Catholic, Protestant, Jewish, and Muslim- to mentor a neighborhood child, age 13-18, who is in trouble with the law.  It is an intervention program for youth that have no pattern of violent felony offenses.  After successful completion of the program, the youth’s juvenile record is sealed.   

            Among the guest speakers at this meeting will be Supreme Court Justice Michael Corriero, Howard A. Knoll, Director of the Office of Youth Services for the U.S. Department of Labor, and Elder Clive Griffith of the Christian Cultural Center.  

CONTACT:   SANDY SILVERSTEIN
                       
718-250-2300

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018

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES’ OFFICE AND THE CENTER FOR COURT INNOVATION PRESENT THE WORKSHOP FOR PARENTS OF TEENS 

EVERYTHING YOU WANTED TO KNOW ABOUT YOUR TEEN BUT ARE AFRAID TO ASK 
click here to view flyer

          Brooklyn, May 13, 2002 -- Does your teen show signs of domestic abuse?  Do you suspect that your child is on drugs?  If you’re a parent who lives in the 72nd, 76th or 78th precinct, and you believe that your teen is in trouble, the Workshop for Parents of Teens is the place to be.  The Kings County District Attorney’s Office is teaming up with the Center for Court Innovation and the Red Hook Community Justice Center to assist worried parents by steering their kids in the right direction.  Parents can talk to guest speakers from the District Attorney’s office on May 22nd from 6:30 – 8:30 PM at the Red Hook Community Justice Center, which is located at 88 Visitation Place in Brooklyn. 

            Four speakers from the Gangs, Truancy, Domestic Violence and Narcotics bureaus will be available to speak to parents who suspect that their teenage children are in trouble.  These representatives will advise parents on how to deal with their kids’ problems, and suggest alternate methods to assist these teens such as counseling.  

            Red Hook, one of the poorest neighborhoods in Brooklyn, is plagued by unemployment, drug addiction, youth crime, domestic violence and child neglect and abuse.  The neighborhood has a strong network of community groups interested in its improvement.  The Red Hook Community Justice Center is a community court, which was created to address the needs of the neighborhood.  This program is a collaborative effort including the District Attorney’s Office, community based organizations and the Office of Court Administration.  The District Attorney’s Office participates by staffing this program with a dedicated team of attorneys, paralegals and investigators to better prosecute crime and to put greater emphasis on community involvement.  The community court serves the 72nd, 76th and 78th precincts, which consists of Red Hook, Carroll Gardens, Park Slope and Sunset Park.   

CONTACT:  SANDY SILVERSTEIN
                             718-250-2300

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019

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES RECEIVES $250,000.00 FEDERAL GRANT TO ADDRESS DOMESTIC VIOLENCE IN ORTHODOX COMMUNITY 

Brooklyn, April 24, 2002 --- Kings County District Attorney Charles J. Hynes announced today that his office has received a $250,000.00 grant through the federal Violence Against Women Act (VAWA) to address domestic violence in the Orthodox Jewish Community.  The federal grant is the first to address domestic violence in the Orthodox community. 

       "Domestic violence affects every ethnic and cultural community, and my office has been fortunate to receive funding from VAWA for a number of these communities.  We can now use targeted resources towards the Orthodox community in our efforts to educate women and men about the horrors of domestic violence and provide culturally sensitive counseling as well as a network of services when needed," said District Attorney Hynes. 

VAWA has awarded grants to other domestic violence initiatives offered by the Brooklyn District Attorney including 'Barrier Free Justice' for women with disabilities and another grant for immigrant communities targeting Arab-American, Asian-American and Caribbean-American women. 

The program, currently named "Project Eden," will use a two-tier approach that includes a grass roots level campaign to reach and inform the community and a second level to include counseling and a wide network of services for women in need. 

Prepared with information, staff members will visit points of contact such as nail and hair salons where Orthodox women get their wigs serviced, Lamaze childbirth training classes and day care centers.  Staff members will provide women with resources on what to do if they are a victim of domestic violence or what to do if they know someone who is a victim. 

Counseling services will be provided to all Orthodox domestic violence victims who come into the office.  They will be provided with counseling from a clinical social worker and referrals to other organizations that can assist in areas such as financial aid, childcare and employment concerns. 

Each year the Brooklyn District Attorney's office receives more than 12,000 domestic violence cases from all neighborhoods throughout the borough.   In 1990, District Attorney Hynes created the Domestic Violence Bureau to handle an increasing domestic violence caseload and to respond to domestic violence with specialized strategies.   He also created the Counseling Services Unit to serve as a source of clinical support, guidance and education for victims of domestic violence as well as their children. 

The District Attorney will partner with the Metropolitan Council on Jewish Poverty and Ohel Children's Home and Family Services. 

Wanda Lucibello is the Bureau Chief of the Domestic Violence Bureau.  Chana Widawski is the Program Coordinator for Project Eden

Contact:
  Sharon Toomer @ 718.250.2300

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020

50 BOXES OF TOYS DONATED TO KINGS COUNTY DISTRICT ATTORNEY'S OFFICE DOMESTIC VIOLENCE BUREAU 

The Torch Foundation, established over 10 years ago to benefit children's charities, will be donating 50 boxes of toys to the Domestic Violence Bureau of the Kings County District Attorney's Officer, tomorrow, April 9, 2002 at 3:00 p.m.   

COVERAGE INVITED

 

WHO: Kings County District Attorney Charles J. Hynes
           
Members of the Torch Foundation

WHAT: Torch Foundation donating 50 boxes of toys to Domestic Violence bureau. 

WHERE: 350 Jay Street (Board Room) 19th Floor 

WHEN:  Tuesday, April 9, 2002 at 3:00 p.m.

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021

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCED THE INDICTIMENT OF EIGHT IN $5 MILLION BURGLARY RING 

"Hole in the Roof Gang" targeted Orthodox Jewish business owners, for Sabbath break-ins. 

            Brooklyn, April 24, 2002 --- Kings County District Attorney Charles J. Hynes announced today a 67 count indictment charging eight defendants with enterprise corruption and related offenses for their participation in a commercial burglary ring.  At least 30 burglaries of commercial warehouses were committed involving more than $5 million in goods, during a three-year period, in Brooklyn and Queens, the indictment charges. 

            The investigation began when the New York City Police Department’s Major Case Squad detected a suspicious pattern of warehouse burglaries occurring in 1999 and 2000; the Major Case Squad and the Kings County District Attorney’s Office then began the process of reviewing burglary complaints, telephone usage, interception of communications, and conducting surveillance, in an effort to identify the members of the criminal enterprise and their roles. 

            The gang’s operation included burglarizing large warehouses that held large amounts of readily resaleable consumer products such as truck loads of camcorders, computers, video games, cameras, ladies lingerie, children's clothing, men's shoes, auto parts, plumbing and bakery supplies.  The average taken from each burglary was more than $150,000.00. 

            "The money gained from the sale of stolen merchandise was used to enrich members of this criminal enterprise," said District Attorney Hynes. "This type of organized crime increased the cost of doing legitimate business in Brooklyn and Queens."           

            "This criminal operation was highly organized targeting devote orthodox and Hasidic business owners who could not respond to their establishments at the time of the burglaries due to religious observances," Police Commissioner Raymond Kelly said. "If not for the efforts of the New York City Police Department's Major Case Squad and the Brooklyn District Attorney's Office, these individuals would have continued to prey upon these business owners." 

            Entry into most of the locations was through a hole made in the roof of the targeted building.  A crewmember would then drop into the warehouse and let in his accomplices.  The stolen goods were often loaded onto the victim’s own trucks that were kept in the warehouses.  These trucks were later found empty and abandoned, or they were used again by the burglars in subsequent burglaries. 

            District Attorney Hynes praised the police department's Major Case Squad, "It was the unparalled expertise of the NYPD's Major Case Squad that made a tremendous difference in the outcome of this investigation."  

The leader of the gang Robert Reyes, 61, has an extensive history of burglary offenses.  As the boss, Reyes was responsible for paying crewmembers, identifying the locations to be burglarized and storing as well as distributing stolen merchandise.  Other defendants include Angelo Navarro 31, John Matone, Sr. 58, Rosa Concepcion 31, Efrain Nieves 39, Carlos Rivera 23, Carlos Caraballo 30 and Angelo Mendez 31. 

Each defendant had a role in the operation.  Angelo Narvarro served as a lieutenant responsible for the recruitment and supervision of crewmembers; John Matone, Sr. with the assistance of Carlos Caraballo stored and disposed of stolen merchandise; Rosa Concepcion acted as a lookout and decoy; Efrain Nieves, Carlos Rivera, Carlos Caraballo and Angelo Mendez broke into warehouses.  

On April 24, 2002, the defendants were arrested on a 67 count indictment that included one count of Enterprise Corruption, one count of Grand Larceny in the First Degree, 30 counts of Burglary in the Third Degree, 19 counts of Grand Larceny in the Second Degree, one count of Attempted Grand Larceny in the Second Degree, nine counts of Grand Larceny in the Third Degree, one count of Attempted Grand Larceny in the Third Degree, and additional counts of Criminal Possession of Stolen Property in the Second, Third, and Fourth Degrees. 

Most of the defendants have prior criminal history and face prosecution as predicate or persistent felons.  They face possible sentences of up to 25 years on the charges. 

New York Police Department’s Special Investigations Division Inspector Jeremiah Quinlin, Major Case Squad Captain George Duke, and Sergeant Francis Murname supervised the investigation, which was conducted by lead detective James Davis, with the assistance of detectives Chris Secrest, Robert Olsen, and others. 

First Deputy Bureau Chief Gavin Miles and Senior Assistant District Attorney John Dixon both of the District Attorney's Rackets Division are heading the investigation and prosecution.  Michael F.Vecchione is Chief of the Rackets and Investigations Division.  

Copies of the indictment are available. 

Contact: Jerry Schmetterer or Sharon Toomer at 718.250.2300

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022

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES
ANNOUNCES ARREST OF RICARDO “TIP TOP” JOHNSON

AND OTHER MEMBERS OF GUN RUNNING GANGS
 

DA and NYPD Gang Units Round-Up Gang That Ran Guns

Including AK 47’s and Sawed-Off Shotguns Up the East Coast

Brooklyn, January 28, 2002 --- Kings County District Attorney Charles J. Hynes and Police Commissioner Raymond Kelly announced today the arrests of 11 gang member who are charged with the possession and sale of firearms including high-powered weapons smuggled into New York from southern states along Interstate 95.  Each person arrested is either a member of the Crips Gang, Decepticons or United Kings - an offshoot of the Crips.  Other charges include the criminal sale of narcotics.   

As a result of intelligence gathered by both the Kings County District Attorney's Office and NYPD's Brooklyn South Gang Squad Unit an investigation dubbed Operation Arrowhead started nearly one year ago targeting gang members whom possessed and sold firearms.   "Gun activity ultimately leads to other felony crimes like robbery, narcotics and homicide.  Striking early on by investigating and collaborating with other agencies helps to thwart any plans these gangs have to victimize Brooklyn citizens," said District Attorney Charles Hynes.  The seized firearms included: 

·        Eight 9mm automatics

·        Two .38 caliber guns

·        Two .22 caliber guns

·        One .357 magnum

·        One AK 47 assault weapon

·        One Mac 11 automatic weapon

·        One Tech 9

·        Two sawed-off shotguns

·        Four .380 automatics

·        One .25 caliber pistol

Among those arrested is Ricardo "Tip Top" Johnson, 28, founder and current leader of the United Kings and a former leader of the Crips.  "A career criminal, involved in everything from drug dealing to stolen identity, Mr. Johnson made a living any way he could," said District Attorney Hynes.  Mr. Johnson is also charged with Criminal Sale of a Controlled Substance in the first and second degree as well as for his participation in the attempt to steal the identity of an unknowing Brooklyn citizen and make purchases on a credit card in that person's name. 

            "Today's arrests are an example of our aggressive approach -- we are going after violent street gangs and their leaders who control the distribution and sale of firearms and drugs in our communities.  Due to the cooperative efforts of the NYPD's Gang Division and the Brooklyn District Attorney's Office, Ricardo "Tip Top" Johnson's illegal operation has been successfully demolished," said Commissioner Raymond Kelly. 

Investigators called Johnson a "one man crime spree."  Some of the seized weapons have been traced back to a gun shop in Georgia. While the purchase of those weapons was legal, the transport of them and resale in New York are serious crimes, involving both state and federal felonies.

            We also thank the New York City Department of Corrections Gang Unit.  

Gang Bureau Chief Deanna Rodriguez and Assistant District Attorney Teresa Corrigan will prosecute the case. 

            Copies of the complaints are available.

 

Contact:
Sharon Toomer
Deputy Director of Public Information
718.250.2300

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023

MAYOR BLOOMBERG NAMES BROOKLYN PROSECUTOR PATRICIA L. GATLING 
AS HIS COMMISSIONER ON HUMAN RIGHTS
 

At City Hall this morning, Mayor Michael Bloomberg announced his appointment of Patricia L. Gatling as his Commissioner on Human Rights. 

For more than 12 years, Patricia Gatling has worked for Brooklyn District Attorney Charles J. Hynes.  Most recently as the District Attorney's First Assistant responsible for the operation of more than 20 Bureaus and Units, the management of 1,200 staff members and the development of several initiatives and programs created by the District Attorney.   Before her promotion to First Assistant she was simultaneously the District Attorney's Deputy for Major Narcotics Investigations, Legal Recruitment and Hiring and Community and Governmental Affairs. 

District Attorney Charles Hynes said, “For the past 12 years Pat Gatling has taken on the most difficult assignments in the Brooklyn DA’s office and achieved the highest level of success. We watched her rise from a young assistant district attorney to the head of the Major Narcotics Bureau and then to First Assistant District Attorney.  Now all of New York will reap the benefits of her intelligence, compassion and wit which combine to make her a great leader, mentor and friend to others.” 

As Chief of Major Narcotics Investigations Ms. Gatling managed the development of long-term investigations into the operations of suspected drug dealers in Brooklyn.   As the District Attorney's primary advisor on legal recruitment and hiring, Ms. Gatling implemented the District Attorney's policy and goal to recruit and hire more minorities and women.  Her efforts in that area have continually increased minority hiring.   In 2001, out of 577 attorney's, 102 are Black, 41 are Latino, 34 are Asian and 400 are White.   And in her role as Chief of Community and Governmental Affairs, Ms. Gatling has significantly improved the quality of communications between the office and Brooklyn communities.  

"I have accepted Mayor Bloomberg's offer to serve as his Commissioner on Human Rights with honor and enthusiasm," Gatling said, "Everything in my professional and personal background has prepared me for this most important role.  I will certainly miss District Attorney Charles Hynes.  He has not only been my employer but a very good friend and an exceptional mentor.  I look forward to working on Mayor Bloomberg's policies and initiatives on Human Rights."   

The Commission's on Human Rights mission is to enforce the City's Human Right's Law which prohibits discrimination based on race, creed, color, age, national origin, alienage or citizenship status, gender (including sexual harassment), sexual orientation, status as a victim of domestic violence, disability, lawful occupation, arrest or conviction record, marital status, family status and retaliation.  The law prohibits discrimination in employment, housing and public accommodations as well as bias-related harassment. (See nyc.gov).

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024

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES
ANNOUNCES INDICTMENT OF CATHOLIC PRIEST
ON CHARGES OF SEXUAL ABUSE

Alleged act took place in Brooklyn in 1999 

                Brooklyn, May 23, 2002---Kings County District Attorney Charles J. Hynes, today announced the indictment of Father Francis X. Nelson, 38, on two counts of sexual abuse in the second degree and one count of endangering the welfare of child in connection with a 1999 incident involving a 12-year-old Brooklyn girl.

            Both charges are misdemeanors and carry a penalty of one year in prison upon conviction.

            Fr.Nelson, a priest at St. Charles Borromeo Roman Catholic Church, Manhattan, allegedly grabbed the girl’s breast and pressed his genitals into her buttocks on a visit to her home in May 1999.  He is member of the Diocese of Kottar, India.

            He surrendered to Detective Investigators from the Kings County District Attorney’s Office, at the church rectory, 214 W. 142nd Street this morning.  He is awaiting arraignment in Brooklyn Supreme Court.

            Fr. Nelson’s name and a description of the allegation were part of material turned over to the District Attorney in April.  Since then District Attorney Hynes and the Bishop Thomas V. Dailey have signed a Memorandum of Understanding calling for allegations of sexual abuse by priests to be turned immediately over to the District Attorney.

“This allegation in no way impunes the thousands of priests that serve the faithful in Catholic churches and its many institutions,” concluded District Attorney Charles J. Hynes.

            The case will be prosecuted by Deputy District Attorney Rhonnie Jaus, Chief of the Sex Crimes, Special Victims Unit.

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Contact:
Jerry Schmetterer
718-250-2300

 

025

STATEMENT BY KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES 

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES CLOSES INVESTIGATION INTO THE DEATH OF ARDEN JOHNSON – NO CHARGES ARE BEING BROUGHT AGAINST JOMO WATTS 

On May 7, 2002, Arden Johnson, 13, was killed after a confrontation with Jomo Watts, who resides on Lincoln Road in Brooklyn.  Members of the District Attorney’s Office have investigated this incident thoroughly, interviewing all available witnesses to the incident as well as witnesses who observed the actions of Mr. Arden immediately prior to the stabbing. 

            “The death of this young man was an unnecessary tragedy resulting in the loss by a mother of her son.  However, after reviewing all of the evidence, the District Attorney’s Office has concluded that Mr. Watts was justified in his actions.  Therefore, no criminal charges will be files.  The investigation is now closed,” said District Attorney Hynes.

 

CONTACT:    Jerry Schmetterer
                       
718-250-2300

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026

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES
DECISION REGARDING DEATH PENALTY IN FIRST DEGREE MURDER CASE

             May 31, 2002 . . . Kings County District Attorney Charles J. Hynes announced today that he will seek a sentence of life without parole in the prosecution of Divine Sawyer, who was indicted for First Degree Murder and other charges relating to the death of Jelani Issac on November 21, 2001, in the Canarsie section of Brooklyn. 

     Sawyer, 22, formerly of 9221 Farragut Road, Brooklyn, is charged in a eleven-count indictment with the intentional murder during a robbery of Jelani Issac, 16, on November 21, 2001. Sawyer is also charged with related robbery and weapon possession charges for the same incident.  

     "I have concluded, after review and deliberation, that the sentence of life without parole for the defendant is the appropriate punishment to seek in this case," District Attorney Hynes said. 

     This is the sixty-third First Degree Murder case in which District Attorney Hynes has decided to seek sentences of life without parole since the capital punishment law took effect on September 1, 1995. In total, the Office has filed seventy-seven First Degree Murder indictments since September of 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 following jury trials of Murder 1° and sentenced to Life Without Parole after a waiver of their appeal, while another defendant was convicted of Murder 2° and other charges and was sentenced to 65 years to life. In the seventh case, the defendant, Darrell Harris, was sentenced to death pending the outcome of an appeal. 

     In two other cases, the defendants pled guilty to First Degree Murder and were sentenced to Life Without the Possibility of Parole prior to the decision on whether to seek the imposition of the death penalty was made by the District Attorney.  

     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 or Life Without Parole. Sawyer was arraigned on January 4, 2002; the 120 day period was to have elapsed on June 3, 2002.  

     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. 

     Sawyer is accused of the following charges: Murder in the First Degree; Murder in the Second Degree (three counts); Attempted Murder in the Second Degree; Robbery in the First Degree (2 counts); Robbery in the Second Degree; Robbery in the Third Degree; Criminal Possession of a Weapon in the Second Degree; and Criminal Possession of a Weapon in the Third Degree.  

     The indictment charges that on November 21, 2001, Sawyer, acting in concert with two apprehended others, Mark Jones, 21, and Tareq Jones, 18, robbed Jelani Issac and several others. Mark Jones and Tareq Jones, who are brothers, are facing charges of Murder 2, and do not face the death penalty.  Their next court date is June 5.  During the robbery, Sawyer intentionally caused the death of Issac by shooting him with a handgun. Issac died as a result of his wounds and injuries. The incident took place in the evening hours of November 21, 2001, in the Canarsie section of Brooklyn.   

     Sawyer is being held without bail, awaiting trial in Supreme Court, Kings County. The case is assigned to the Honorable Justice Joel Goldberg of the Supreme Court; the next court date is June 3, 2002.  

            The case is being prosecuted by Senior Trial Assistant Julie Rendelman of the Homicide Bureau. 

            A copy of the indictment is available.

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027

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT OF JEFFREY  LUNDY IN ARSON CASE

 LUNDY COULD FACE 25 YEARS TO LIFE IF CONVICTED  

            Brooklyn, June 4, 2002 – Kings County District Attorney Charles J. Hynes today announced the indictment of Jeffrey Lundy, 30, in the death of Richard Lang Sr. who was killed in a Brooklyn apartment building fire.  Lang, 63, could not escape from his second floor apartment, despite efforts from firefighters including his son, Richard Lang Jr.  

Court papers allege that on May 23, Lundy laid a smoldering crack pipe on an old mattress in his first floor apartment located at 520 17th Street, resulting in the inferno.  He then allegedly left the scene of the crime without warning anyone about the fire, which caused the building to collapse.  Lundy is charged with criminally negligent homicide, manslaughter in the second degree, two counts of murder in the second degree (1 felony murder/1 depraved indifference of human life) and two counts of reckless endangerment in the first degree.  He could face 25 years to life if convicted.  Lundy is being held without bail.  

CONTACT:     Sandy Silverstein
                         718-250-2300

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028

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES HOSTS A DAY OF FUN AND GAMES FOR STUDENTS AT LEGAL LIVES FIELD DAY


NYPD AVIATION & MOUNTED UNITS TO DEMONSTRATE FOR 5TH GRADERS IN THE LEGAL LIVES PROGRAM FROM ALL OVER BROOKLYN 


Brooklyn, June 5, 2002 --  The school year is almost over, and it’s time to have some fun.  Some students will have an early celebration.  On Friday, June 7th from 10:00 AM – 1:00 PM, Kings County District Attorney Charles J. Hynes and the DA’s Legal Lives Bureau will have an end of the year celebration for students enrolled in this program.  The Legal Lives Bureau will host this day of fun and games at Floyd Bennett Field.  District Attorney Hynes will welcome the students.  

            Children attending this event will get to participate in games and sports including dodge ball, soccer, relay races and jump rope.  Other activities will include face painting, sculptured balloons, and walk around magic.  In addition, there will be demonstrations from the NYPD Aviation and Mounted Units.   

            Legal Lives is a law related, education initiative that was created in 1990 in response to the increase in drug and bias-related crimes.  This program brings the criminal justice system to Brooklyn’s elementary school classrooms.  Assistant District Attorneys and other staff members from the Kings County District Attorney’s Office visit fifth-grade classrooms twice per month throughout the school year to teach children about the criminal justice system.  Students end the year with a mock trial competition.    District Attorney Hynes’ Legal Lives program is in 330 Brooklyn classrooms and it is replicated in at least 10 other cities.  

            The children in the program also have the opportunity to participate in a weekly radio show broadcast on WNYE 91.5 FM every Wednesday at 4:00.  This show provides a forum for students to discuss important topics, to role play and to respond to listeners’ questions.   

            The Legal Lives program reflects the District Attorney’s belief that until the same emphasis is placed on education and treatment that is placed on arrest and prosecution, the war on drugs and bias-related crimes will never be won.   

            Friday’s event is intended to give something back to the students who worked so hard during the school year.  Last year, over 900 students attended the celebration.  This year’s event is expected to be another huge success.  Media are invited to attended and join in the festivities.   

            Deputy District Attorney Mary Hughes is Chief of the Crime Prevention Bureau.  Claudette Devonish is the Director of Legal Lives.


WHO:
          Kings County District Attorney Charles J. Hynes/Legal Lives Bureau 

WHAT:      Legal Lives Field Day – an end of the year celebration for 5th grade students enrolled in the Legal Lives Program, a program designed to teach children about the criminal justice sysytem and its role in their lives.  A day of fun and games with demonstrations and a speech by District Attorney Hynes. 

WHERE:   Gateway National Recreation Area
                     Floyd Bennett Field, Soccer Field #1 

WHEN:      Friday, June 7, 2002 from 10:00 AM – 1:00 PM
 

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029

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES 
ANNOUNCES SENTENCING OF BROOKLYN MAN IN ARSON CASE 


STEPHEN ALSTER SENTENCED TO 20 YEARS TO LIFE
 

Brooklyn, June 5, 2002 --  Kings County District Attorney Charles J. Hynes today announced the sentencing of Stephen Alster on charges of Arson in the first degree and Criminal Possession of a Dangerous Weapon in the first degree.  He will serve a sentence of 20 years to life.  

            On May 29, 2001, Alster brought a pipe bomb into the home of Steven and Yensey Thomas at 68 Montague Street.  Later that day, the bomb exploded in a workshop area located next to the Thomas’ basement apartment.  This caused a wall to collapse and damage the room where the explosion took place.  The pipe bomb exploded in Alster’s face, causing him to suffer injuries, which included burns to his face, inner thighs and hands.   The explosion and resulting fire endangered the lives of the Thomas family, which includes their two children, both of whom were under the age of six at the time.    The police later found items matching the component parts of the bomb in Alster’s home. 

            The case was prosecuted by Assistant District Attorneys Paul DeMartini and  Joe DiBenedetto of the Rackets Division.

CONTACT:     Sandy Silverstein
                         718-250-2300

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030

5th GRADE CLASSES WILL PROSECUTE AND DEFEND A REAL CASE IN A REAL CLASSROOM AS PART OF KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES LEGAL LIVES PROGRAM 

FINAL ROUND OF MOCK TRIAL COMPETITION TO BEGIN ON TUESDAY, JUNE 11TH 

            Brooklyn, June 6, 2002 --  Fifth grade Brooklyn classes will be competing against each other in the final round of mock trials from Tuesday June 11th through Thursday, June 13th in the Brooklyn Supreme Court building at 360 Adams Street.  These mock trials are part of the Kings County District Attorney’s Office’s Legal Lives program.  It is designed to evaluate what the students have learned throughout the year as they participated in the Legal Lives program. 

            The mock trials are executed entirely by the students.  These fifth-graders play the roles of prosecutor, defense counsel, witnesses and the jury.  They use the knowledge and skills that they learned during the school year in order to come to a verdict on a particular case. 

            There are 330 Brooklyn classrooms involved in Legal Lives.  13 schools are selected to participate in the opening round of the mock trials.  Assistant District Attorneys act as the judges.  From there, five schools advance to this final round, where actual Brooklyn Supreme Court, Criminal Court and Civil Court judges preside over the trials.  

            This year, the five schools that moved on to the final round are PS. 99, P.S. 164, P.S. 178, P.S. 193 and P.S. 316.  They will compete against each other, with the first and second place winners receiving trophies.  All of these schools will be presenting the same trial of The People v. James Sturgess, which was an actual case, under a different name, involving a robbery in an elevator.   

            The mock trials have been a tremendous success as part of the Legal Lives program.  Legal Lives is a law related, education initiative that was created in 1990 in response to the increase in drug and bias-related crimes.  This program brings the criminal justice system to Brooklyn’s elementary school classrooms.  Assistant District Attorneys and other staff members from the Kings County District Attorney’s Office visit fifth-grade classrooms twice per month throughout the school year to teach children about the criminal justice system.  Students end the year with this mock trial competition.  Mock trials were instituted into this program in 1993.

The schedule of mock trials is as followed: 

Tuesday, June 11th – 1:00 PM
P.S. 99                                                 Judge Marsha Steinhardt

1120 E. 10th Street                              Civil Part 15 – Supreme Court
                        
                                    15 Willoughby Street

 

Wednesday, June 12th – 10:00 AM
P.S. 193                                               Judge Loren Baily-Schiffman
2515 Avenue L                                    Civil Court
                        
                                    141 Livingston Street (8th Floor)

 

Wednesday, June 12th - 1:00 PM
P.S. 178                                               Judge Cheryl Chambers
2163 Dean Street                                 Supreme Court
                        
                                    360 Adams Street

P.S. 164                                               Judge Charles Posner
4211-14th Avenue                               Criminal Court
                        
                                    120 Schermerhorn Street (Enter at 255 State Street)

 

Thursday, June 13th – 1:00 PM
P.S. 316                                               Judge Gustin Reichbach
750 Classon Avenue                             Criminal Court
                        
                                    120 Schermerhorn Street (Enter at 255 State Street)


              Winners are expected to be announced at the end of the week.

 

Deputy District Attorney Mary Hughes is Chief of the Crime Prevention Bureau. 

Claudette Devonish is the Director of Legal Lives.

CONTACT:            Sandy Silverstein
                                718-250-2300

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031

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT OF JEFFREY  LUNDY IN ARSON CASE

LUNDY COULD FACE 25 YEARS TO LIFE IF CONVICTED 

            Brooklyn, June 4, 2002 – Kings County District Attorney Charles J. Hynes today announced the indictment of Jeffrey Lundy, 30, in the death of Richard Lang Sr. who was killed in a Brooklyn apartment building fire.  Lang, 63, could not escape from his second floor apartment, despite efforts from firefighters including his son, Richard Lang Jr. 

Court papers allege that on May 23, Lundy laid a smoldering crack pipe on an old mattress in his first floor apartment located at 520 17th Street, resulting in the inferno.  He then allegedly left the scene of the crime without warning anyone about the fire, which caused the building to collapse.  Lundy is charged with criminally negligent homicide, manslaughter in the second degree, two counts of murder in the second degree (1 felony murder/1 depraved indifference of human life) and two counts of reckless endangerment in the first degree.  He could face 25 years to life if convicted.  Lundy is being held without bail. 

CONTACT:      Sandy Silverstein
                          718-250-2300

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032

DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES ARREST OF COLOMBO FAMILY LOAN SHARK ARRESTED WHILE WEARING ANKLE BRACELET AWAITING SENTENCING IN FEDERAL CASE.

Babe Ruth's glove, Mickey Mantle's Bat, Ali's gloves recovered in raid on Loan Shark headquarters. 

Brooklyn, June 12, 2002 --- Kings County District Attorney Charles J. Hynes today announced the arrests 11 people following a loan sharking investigation dubbed “Operation Broken Bracelet.”  The investigation also led to arrests of armed truck hijackers in a series of hijackings, an ecstasy dealer and a Verizon telephone company employee.  The hijackings were linked to the loan sharking operation in that the hijackers were motivated by the need for cash to repay debts. 

The loan shark operation was headed by Silvio Salome an associate of the Colombo Organized Crime Family who is under indictment on federal charges.  Also under arrest is a Verizon telephone employee who assisted co-defendants by providing confidential subscriber information to members of the loan shark operation.  That information was used by the loan shark to track down delinquent victim/debtors. 

Evidence uncovered during the investigation also established that ill-gotten proceeds were laundered through the purchase of sports memorabilia.  Search warrants executed at the Staten Island residence of Mr. Salome and a sports memorabilia store “Gamer’s Illusions” where the loan sharking profits were laundered led to the seizure of sports memorabilia including, a Babe Ruth baseball glove; a Mickey Mantle baseball bat; Muhammad Ali boxing gloves; a Michael Jordan basketball; a collection of baseball bats belonging to players who hit 500 or more - an exclusive club; and, thousands of baseball cards.  The District Attorney's Civil Forfeiture Bureau has initiated a lawsuit to freeze the assets and to permit the seizure of all “substituted proceeds” of Mr. Salome’s loan sharking operation. 

The complaint charges that defendants – Silvio Salome, Christopher Chimento, Angelo Chimento and Reynaldo Torres engaged in a loan sharking conspiracy between December 1997 and June 2002.           

The nine-month investigation uncovered evidence indicating that between December 1997 and June 2002, Mr. Salome directly extended loans to borrowers at rates of interest up to 156% per year.  Mr. Salome also extended loans through intermediaries and accomplices, at rates of interest up to 156% per year who then used the money to extend loans to street level customers at rates of interest up to 250% per year.  Those interest rates are well in excess of those permitted by law - 25% per year.  Weekly interest payments or “vigorish” or “vig” were collected and channeled back to Mr. Salome by Mr. Chimentos and Torres.   As a result, Mr. Salome was able to insulate himself from scrutiny by law enforcement, until investigators initiated video surveillance and obtained wiretap orders from a court.  

Analysis of loan sharking records and intercepted conversations showed that during the period charged in the complaint, the operation had more than $200,000.00 “on the street.”  Most of the loan sharking activity took place along 13th Ave. in a now defunct candy store located at the corner of 13th Ave. and 66th Street and at “Gamer’s Illusions,” a sports memorabilia store owned and operated by Mr. Torres located at 7309 13th Ave. in Bensonhurst.           

"It is essential for a loan shark to be able to locate a borrower who becomes delinquent on the usurious loan payments," said District Attorney Hynes, "In the past we have found evidence that loan sharks make use of subscriber databases maintained by telephone companies as one method of tracking their extortion victims." 

Conversations intercepted during court ordered wiretaps showed that Mr. Salome's operation was facilitated by Verizon employee, Darlene Zevros.  Mr. Salome and his accomplices relied on Ms. Zevros to locate and extort the delinquent victims and their relatives.  On at least one occasion during the investigation, unpublished subscriber information provided by Ms. Zevros led directly to threats at the home of a victim. 

Victims of the loan sharking operation included at least two who resorted to truck hijackings to repay their debts.  The hijackings took place between December 10, 2001 and January 29, 2002 in Brooklyn, Queens and Manhattan.  Each involved the theft and resale of truckloads of new cellular telephones.   The defendants charged in the hijacking are Carlos Ronaldo, Edwin Hernandez, Raymond Reyes, Robert Viverito and Simon Corney, an accomplice who fenced the stolen telephones.  

In each case the co-conspirators were armed and one hijacking also involved the kidnapping of the innocent truck driver from Queens to Brooklyn.  Cash obtained from the fenced stolen cell phones was paid back to Mr. Salome's loan sharking operation. 

"Last week we took down 17 members of the Gambino crime family, and now we've arrested 11 members of the Colombo crime family.  It's an extremely bad time to be in organized crime," said New York City Police Commissioner Raymond W. Kelly.  "The criminals who ran this loan shark operation thought they could prey on people unable to pay their debts.  Instead, they now face extensive prison time." 

Finally, during the investigation, information provided by a cooperating witness led to a series of controlled purchases of the designer drug Ecstasy.  Between March and May of 2001, undercover detectives purchased increasing amounts of Ecstasy from Mr. DeStephano.  Mr. DeStephano, the owner and operator of Finest Towing at 597 Baltic Street, in Brooklyn, negotiated sales from the vicinity of his Staten Island home and his place of business. 

            District Attorney Hynes commended the efforts of investigators who participated in the case, including First Assistant Chief Investigator Joseph Ponzi, Assistant Chief Investigator Hank Lemons, and Detective Investigators Greg J. DeBoer and Shawn Winter of the District Attorney's Special Investigations Unit and Captain Frank DiMartino, Lieutenant Kevin O’Brien, Detectives Thomas Dades and Michael Galletta assigned to the NYPD’s Intelligence Division. 

The cases are being presented to a grand jury. 

Assistant District Attorney James A. Kilduff of the District Attorney's Rackets Division will prosecute the case.  Assistant District Attorneys Gregory Mitchell and Michael Morelli assigned to the Civil Forfeiture Unit of the Rackets Division will prosecute the civil forfeiture action.  Michael Vecchione is Chief of the Rackets Division. 

Contact:
Sharon Toomer
718.250.2300

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033

GRAND JURY RETURNS “NO TRUE BILL” IN CLINTON PHILLIP INCIDENT 

            Brooklyn, June 14, 2002 --  Kings County District Attorney Charles J. Hynes announced today that a Kings County Grand Jury has concluded that no criminal charges should be brought against Clinton Phillip, a bus driver who was involved in a stabbing incident with a crazed passenger on May 5th.   

            The Grand Jury returned a “no true bill” following a six-week investigation of the facts and circumstances surrounding the incident.  

            Phillip, 33, of St. Albans, Queens, was not arrested after this incident.  Phillip, who has two children, had been working as a bus driver on the B-60 lines for a little over a year.   

            The incident unfolded aboard a New York City Transit bus on the B-60 line in the Brownsville section of Brooklyn.  A passenger identified as Christoper Barton, 31, demanded Phillip to drive faster.  Phillip said that he could not do this because he had to drive the bus in accordance with the allotted timetable.  Barton pulled out a knife.  A struggle ensued.  Both men were stabbed, Barton fatally.   

            The Grand Jury reached its conclusion after a thorough review of all the evidence relating to this incident and careful deliberations. 

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034

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES DECISION REGARDING DEATH PENALTY IN FIRST DEGREE MURDER CASE 

                June 14, 2002 . . . Kings County District Attorney Charles J. Hynes announced today that he will seek a sentence of life without parole in the prosecution of Joel Roberts, who was indicted for First Degree Murder and other charges relating to the deaths of Solomon Kenney and Shawn Grant on December 5, 2001, in the Fort Greene section of Brooklyn. 

     Roberts, 18, formerly of 219 Kingsborough 2nd Walk, Brooklyn, is charged in a twelve-count indictment with the intentional murders of Solomon Kenney, 21, and Shawn Grant, 21, on December 5, 2001. Roberts is also charged with attempted murder, assault and weapon possession charges for the same incident.  

     "I have concluded, after review and deliberation, that the sentence of life without parole for the defendant is the appropriate punishment to seek in this case," District Attorney Hynes said. 

     This is the sixty-fourth First Degree Murder case in which District Attorney Hynes has decided to seek sentences of life without parole since the capital punishment law took effect on September 1, 1995. In total, the Office has filed seventy-seven First Degree Murder indictments since September of 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 following jury trials of Murder 1° and sentenced to Life Without Parole after a waiver of their appeal, while another defendant was convicted of Murder 2° and other charges and was sentenced to 65 years to life. In the seventh case, the defendant, Darrell Harris, was sentenced to death pending the outcome of an appeal. 

     In two other cases, the defendants pled guilty to First Degree Murder and were sentenced to Life Without the Possibility of Parole prior to the decision on whether to seek the imposition of the death penalty was made by the District Attorney. 

     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 or Life Without Parole. Roberts was arraigned on February 19, 2002; the 120-day period was to have elapsed on June 19, 2002.  

     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. 

     Roberts is accused of the following charges: Murder in the First Degree (two counts); Murder in the Second Degree (four counts); Attempted Murder in the Second Degree (two counts); Assault in the First Degree (two counts); Criminal Possession of a Weapon in the Second Degree; and Criminal Possession of a Weapon in the Third Degree.  

     The indictment charges that on December 5, 2001, Roberts, together with Alexis Vasquez, 19, intentionally caused the deaths of Solomon Kenney and Shawn Grant by shooting them with handguns. During the incident, two other persons were also struck and injured. Kenney and Grant died as a result of their wounds and injuries. Kenneth Simington, 23, is charged in the same indictment for weapons possession during this incident; Vasquez is charged with Murder in the First Degree in a separate indictment. The incident took place during the afternoon of December 5, 2001, in the Fort Greene section of Brooklyn. 

     Roberts is being held without bail, awaiting trial in Supreme Court, Kings County. The case is assigned to the Honorable Justice Cheryl Chambers of the Supreme Court; the next court date is June 18, 2002.  

            The case is being prosecuted by Senior Trial Assistant Anna-Sigga Nicolazzi and Bureau Chief Kyle C. Reeves of the Homicide Bureau. 

            A copy of the indictment is available.

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035

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES THE ARREST OF A FORMER BROOKLYN DIOCESE PRIEST ON RAPE CHARGES

Officers from the District Attorney's Office Arrest Priest in Laredo, Texas  

            Brooklyn, June 21, 2002 --- Kings County District Attorney Charles J. Hynes announced today the arrest of former Brooklyn Diocese Priest, Cyriacus Udegbulem, 39, now living in Laredo, Texas on a sealed indictment charging rape and sodomy.  

            At approximately 5:00AM (Central Standard Time), investigators from the District Attorney's office and officers from the Laredo Police Department arrested Mr. Udegbulem who is now being held in Laredo. 

            The alleged incident occurred in January of 2000.  Today, District Attorney Hynes will be available for comment at 11:00AM at 350 Jay Street on the 19th Floor. 

Contact:
Jerry Schmetterer
718.250.2300

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036

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES’ YOUTH AND CONGREGATIONS IN PARTNERSHIP PROGRAM
PRESENTS “BUILDING ON FAITH”
 

 

 FORUM TO FOCUS ON FUNDING FAITH –BASED AND COMMUNITY PROGRAMS 

Brooklyn, June 20, 2002 --- Kings County District Attorney Charles J. Hynes’ Youth and Congregations in Partnership (YCP) program in conjunction with the United States Department of Labor (DOL/ETA) Region I, New York, and the United States Department of Health and Human Services (HHS-ACF) Northeast Hub, are hosting a funding forum on June 21, 2002, from 9:00 a.m. to 5:00 p.m. at the Brooklyn Marriott Hotel Ballroom.  The forum for participating YCP congregations and other faith-based and community programs will cover all aspects of how to get, how to use, and how to keep funding.  

            Grants are a key source of support for most nonprofit organizations.  But, unfortunately, many faith-based and community programs have difficulty raising funds.  YCP’s forum is designed to demystify the process by providing new and existing community and faith-based programs with the tools, confidence and skills necessary to secure competitive federal and private grants. 

            Kings County District Attorney Charles J. Hynes will welcome the forum’s participants by acknowledging the importance of faith-based and community programs like YCP in reducing crime and redirecting the lives of at-risk youth.  To remain successful, however, these programs need funding.  For example, even YCP, The District Attorney’s faith-based mentoring initiative, serving over 100 court-involved and at-risk Brooklyn youth, relies on a variety of funding sources.   Mr. Hynes will encourage grant seekers to take advantage of the federal government’s new and profound interest in supporting faith-based and community programs. 

            The forum is designed to walk fund seekers through each phase of grant development.  A panel of funding experts will provide step by step guidance and insider tips on selecting the right funding sources, organizing and writing effective grant proposals, creating budgets and financial plans that instill confidence in grantors, and recognizing the importance of following up on proposals.

            Topics on the forum’s agenda include:  

·        Strategic Planning- Creating a Roadmap

·        The Money Chase: Where to Look for $$ and How to Build Collaborations

·        Legal and Accounting/Budget Issues

·        Foundation and Government Grants

·        Specific and Practical Discussion on Successful Grant Writing and Management

·        Secrets of Successful Faith-Based Community Programs  

            The panelists will help grant seekers develop successful funding plans by providing practical tips, illustrative examples, and advice on ways to avoid common pitfalls.  The forum will provide all nonprofit grant seekers with everything necessary to maximize their chances of receiving federal and private funding.   

            A continental breakfast and lunch will be served during the fully reserved seminar.

CONTACT:
Sandy Silverstein
718.250.2300

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037

removal of New York State Supreme Court Justice Reynold N. Mason

This morning, June 27, 2002, we were informed by Counsel to the New York State Commission on Judicial Conduct that the Commission has sustained charges against and recommended the removal of New York State Supreme Court Justice Reynold N. Mason.  We were further informed that the essence of the charges sustained against Judge Mason was larceny in connection with a landlord tenant transaction that occurred between 1992 and 1996.  The total amount of the larceny was in excess of $15,000. 

            We reviewed the dates in question to determine whether we could proceed immediately by a complaint and arrest warrant and have determined that a prosecution for Grand Larceny may be time barred by the statute of limitations.  The charge of larceny must be prosecuted within five years of the commission of the crime. 

            We will quickly impanel a Grand Jury to investigate the actions of Judge Mason to determine if a prosecution lies for any crime, including the felony of Perjury.  Since Judge Mason testified before the Commission on several different occasions in 2001, any prosecution would be well within the statutes of limitation.

Contact:
Jerry Schmetterer
718-250-2300

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038

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES CLOSES INVESTIGATION OF GEORGY LOUISGENE SHOOTING 

            Brooklyn, June 28, 2002 -  Kings County District Attorney Charles J. Hynes announced today the closing of an investigation involving the fatal shooting of Georgy Louisgene, by two New York City Police Officers from the 67th Precinct.

            The case will not be presented to a grand jury. 

            “While the death of Mr. Louisgene is a tragedy, based on the investigation by this office, the shooting by New York City Police Officers James Muirhead and Joseph Thompson was a justified use of deadly force.  There is no credible basis upon which the involved officers could be found to be criminally liable for their actions in this shooting,” said District Attorney Hynes.  

            The incident occurred on January 16, 2002, at approximately 2:30 p.m., when Police Officers James Muirhead and Joseph Thompson responded to a 911 call for assistance.  When they arrived at Foster Avenue, they noticed a crowd of people yelling that several people had been attacked.  The crowd directed the officers toward and identified Louisgene as the assailant. 

After interviewing numerous witnesses, the investigation concluded that as  Louisgene approached the officers, he was swinging a kitchen knife and a gaff.   The police officers ordered him numerous times to “freeze” and to drop the weapon.  When Louisgene disobeyed these orders and continued to approach the officers, swinging the weapons, both officers discharged their weapons and shot Louisgene, causing his death. 

Contact:
Jerry Schmetterer
718-250-2300

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039

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES
ANNOUNCES START OF JOHNS SCHOOL PROGRAM
 

Buyer Beware: Patrons of Prostitutes Can Either Go to School or Face Trial 

       Brooklyn, July 9, 2002 --- Kings County District Attorney Charles J. Hynes today announced the start of a school for Johns charged with patronizing prostitutes.  Known as Project Respect, the Johns School Program is part of an overall approach the District Attorney has implemented to address prostitution in Brooklyn, in response to the community's cries for help.  

"Pimps and prostitutes are only two-thirds of the age old crime, the remaining one-third is the John," said District Attorney Hynes, "buyers of sex are as much responsible for adversely impacting the quality of life and public safety of communities as are pimps and prostitutes.  Johns School will not only educate offenders, but remind them that as an equal part, they are in fact committing a crime." 

Previously, offenders in Brooklyn were treated with little regard to rehabilitation or recidivism.  Now, for a fee of $250.00 that covers the cost of the program, those charged with patronizing the crime of prostitution will be offered the opportunity to attend the Johns School Program.  No longer will defendants be offered community service or an ACD (Adjournment in Contemplation of Dismissal).  Instead, if they opt against Johns School, they will face trial on a Class B misdemeanor, facing 90 days in jail.  Defendants with violent criminal records will not be offered the program. 

Assistant district attorneys, former prostitutes, health professionals, police officers, social workers and community leaders will staff the Johns School.   During one five hour course, defendants will be educated on the health risks of prostitution, the adverse effect on the quality of life and public safety of the community, as well as the negative impact on the prostitutes themselves - some prostitutes are as young as 12 years old. 

            "Project Respect is an important tool in our on-going battle against quality-of-life crimes across the city," said New York City Police Commissioner Raymond W. Kelly. "Prostitution is not a victimless crime: It ruins lives and erodes communities. This program targets the patrons of prostitution, and teaches them how destructive it is to everyone involved." 

Over the last year, the District Attorney's Sex Crimes and Special Victims Bureau has aggressively worked to address the problem of prostitution in Brooklyn.  Many prostitutes are under the age of 17 and are exploited by much older pimps.   To address the unique problem of teen prostitution, the District Attorney created the Teen Prostitution Initiative.  With the help of the NYPD, targeted efforts are made to prosecute pimps who sexually exploit underage girls into a life of prostitution.  Since the beginning of this initiative, 22 pimps have been indicted for promoting prostitution - 11 have been convicted and received prison sentences as high as three and a half to seven years.  

The District Attorney is also targeting commercial establishments that help facilitate prostitution on their premises.  Last year, a White Castle store on Pennsylvania Avenue in East New York was closed down for allowing prostitution activity to take place on their premises. 

The Johns School Program is new to New York City.  Other jurisdictions that have implemented similar programs across the country have reduced the rates of recidivism.  San Francisco, California operates a similar program for Johns and over a six-year period they have shown a 3.5% rate of recidivism. 

Sex Crimes and Special Victims Bureau Chief Rhonnie Jaus and Assistant District Attorney Deborah Cohen will manage the Johns School Program. 

Contact:
Sharon Toomer
718.250.2300

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040

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES:
STATEMENT REGARDING COURT OF APPEALS RULING
ON DARRYL HARRIS DEATH PENALTY
 

            Brooklyn, July 9, 2002---“I am pleased that the Court of Appeals concluded that Mr. Harris received a fair trial.  Nothing the Court held distracts from the facts found by a jury that Darrel Harris is a vicious, cold blooded killer.  Accordingly, when his sentence date is set I will ask the Honorable Anne G. Feldman to impose consecutive sentences of life without parole.”

Contact:
Jerry Schmetterer
718-250-2300

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041

LATOYA BOOKER PROVES THAT ONE PERSON CAN MAKE A DIFFERENCE
14 YEAR OLD GIRL FROM BROWNSVILLE POURS HER HEART OUT IN WINNING POEM FOR THE “DO THE WRITE THING CHALLENGE PROGRAM” 

            Brooklyn, July 17, 2002 – “Is there a way it can be destroyed?  Maybe…if there were more people employed.  Violence is something that needs to be destroyed,” so wrote Latoya Booker, a 14 year old from Brownsville whose aunt was killed by a stray bullet in a random act of violence.  She wrote this poem about putting an end to violence.  The poem was entered into the Do the Write Thing Challenge Program’s contest for 7th and 8th graders.  This piece moved the judges of the competition, and Ms. Booker won the New York State competition.  There were more than 21,000 entries nationwide.   Among her accomplishments, Latoya will receive a citation from Kings County District Attorney Charles J. Hynes.  

            Latoya Booker, 14, grew up and still lives in Brownsville, a neighborhood which  struggles with poverty and crime.  She knows how frightening it is to live in a world where there are so many violent people.  Sometimes, she feels like it is not even safe to leave her own home.  In her poem, she writes, “Families are crying, people are dying. Sons and daughters can’t go outside safe.”  Ms. Booker is scared and fed up with all the shootings, assaults and rapes.  She wishes that it could stop.  In her poem, she pleads for the destruction of violence. 

            Latoya recently graduated from IS 271 with a GPA of 80.  She will be attending Boys & Girls High School in the fall.  She is someone who wants to make a difference and have her voice heard.  She is hoping to continue to fight against violence, and to do her part in making the world a better place.  

 Latoya is a member of “The Victory over Violence Organization”, an organization that offers guidance and assistance to the youth of Brownsville.  It provides conferences on youth job readiness, conflict mediation, gang and drug education, law enforcement and youth dialogue.  They also have a rites to passage program as well as mentoring and parenting programs. This organization is a big part of Latoya’s life.  “Latoya Booker is a quiet, sweet young lady with a deep perspective on life, who is concerned about the betterment of our community,” said Peggy Clemens, Vice Chairperson of the Victory over Violence Program and Supervisor of Guidance of Community School District 23. 

Latoya feels that this organization will prepare her to lead a more productive life.  But, she knows that there are things that she can’t control on her own.  She can’t get all criminals off the streets.  She can’t take a gun out of a potential criminal’s hand.  But, she can educate and influence people, and voice her opinions on these important issues, and try to make as much of an impact on society as possible.   

Latoya is the 12th of 16 siblings (8 boys and 8 girls).  She is good with computers and her favorite subjects in school are Reading and Communication Arts.  Her parents are Donald and Sylvia Booker.  They instilled their values into Latoya, along with her brothers and sisters.  Obviously, they are proud of their daughter and her accomplishments.  They believe that she has a promising future ahead of her.   

Latoya believes that people are suffering and dying for no reason.  She says that some people are committing crimes just to achieve fame when she writes, “Fake thugs want a name, they kill to get fame.”  She urges violent offenders to “lighten up and stop being violent.” 

Latoya’s poem and the works of the other winners were published in a book and submitted to the Library of Congress.  This essay contest was sponsored by The National Campaign to Stop Violence and the Kuwait-America Foundation. 

Contact:  Sandy Silverstein
           
     718-250-2300

Latoya Booker's Winning Poem: 

       "Violence"

Violence is something that needs to be destroyed.
         
People are dying, we need to avoid.
         
People who are violent are going to suffer. 

          They think they are powerful with a weapon.
         
These people need to lighten up and stop being violent.
         
Families are crying, people are dying.
         
Sons and daughters can’t go outside safe.
         
Fake thugs want a name, they kill to get fame.
 

          Violence really makes us look bad.
         
The more they kill, the less happiness. 

          Violence comes from what’s in the home.
         
You do what you’re taught or what you’ve overheard.
         
Soon they will realize they hurt themselves more.
 

          Is there a way it can be destroyed?
         
Maybe... If there were more people employed.

          Violence is something that needs to be destroyed.


Latoya Booker

March 20, 2002

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042

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES
ANNOUNCES INDICTMENT OF NYPD POLICE OFFICER VICTOR WILSON IN DRUNK DRIVING HOMICIDE

Grand Jury Returns Indictment in the Vehicular Manslaughter of Stefanos Kiladitis 

       Brooklyn, July 11, 2002 --- Kings County District Attorney Charles J. Hynes today announced the Grand Jury indictment of New York City Police Officer Victor Wilson, 43, of Staten Island in the death of Stefanos Kiladitis, 21, of Bay Ridge, Brooklyn on June 19, 2002, on Fort Hamilton Parkway in Brooklyn. 

       The Grand Jury returned a True Bill today.  Police Officer Wilson is charged with Vehicular Manslaughter in the Second Degree, One Count of Criminally Negligent Homicide, Two Counts of Driving While Intoxicated, One Count of Driving While Impaired, Reckless Endangerment in the Second Degree, Passing a Red Light and Reckless Driving. 

       Officer Victor Wilson struck Mr. Kiladitis, who was on a motorcycle, when Wilson passed through a red traffic light. Mr. Kiladitis died from injuries on June 22.  Officer Wilson faces up to seven years if convicted. 

Contact:
Sharon Toomer
718.250.2300

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043

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES THE ARREST OF THREE PEOPLE IN IMMIGRATION FRAUD SCHEME 

DEFENDANTS TOLD IMMIGRANTS THAT THEY COULD ALTER THEIR IMMIGRATION STATUS 

            Brooklyn, July 19, 2002 – The Kings County District Attorney’s Office has completed an investigation into a scam by which four people led immigrants to believe that they could adjust their immigration status.  This investigation took place over the course of approximately ten months.  Arrested July 18th were: Miles Fisher (aka Rev. Fisher), Audie Champion and Ivor Phillips. A fourth suspect has not yet been apprehended.  These individuals worked together on this scheme, primarily in Brooklyn, although this web of deceit extended into Queens, Manhattan and Nassau County. 

            The investigation revealed that immigrants would pay these defendants thousands of dollars in exchange for the promise that they would get them what they believed were legitimate Green Cards, work permits and social security numbers, thus adjusting their immigration status.  These defendants would fill out Immigration and Naturalization Service (INS) application forms, but never filed or perfected them.  In addition, the victims would receive false letters supposedly coming from INS, advising and updating them on the status of their applications.  They would also periodically meet with those same victims and have telephone conversations with them relevant to their allegedly pending INS applications.           

            This scheme to defraud, the purpose of which was to make money, was brought to the attention of the Kings County District Attorney’s Office by Father Brian Jordan, a Roman Catholic priest who is very active in the immigrant community.   Some of the immigrants came to Father Jordan, making him aware of this operation.  As part of the investigation, the Kings County District Attorney’s Office found approximately 50 immigrants who were defrauded as part of the scheme, most of whom were from Trinidad or Tobago.  These immigrants were advised by defendants that they would be able to get the promised documents in an accelerated time frame through political contacts and contacts within the INS.  Whenever someone had a complaint, Fisher would meet with the complainants, introducing himself as “Reverend” Fisher, to reassure them that everything was legitimate and that their papers would go through as promised. 

            In order to allay any suspicions that the immigrants might have, the immigrants would receive a series of letters after the first of usually two cash payments.  Complainants would first get a processing letter, supposedly from the INS, which notified them that their request to process the I-485 INS application form had been received.  This letter would induce the immigrants to pay the balance of the cash money due.  Some of these victims would also receive a final notice letter about fingerprints to further make their scheme more plausible.  Subsequently, an appointment letter would be sent out, advising these immigrants of a scheduled appointment, months in advance, with an immigration adjudication officer for an interview regarding the modification of their status to legal permanent resident. 

            As the time for the appointments neared, many of the victims would receive yet another letter allegedly from INS, informing them that there was a backlog in the processing of their cases, and that appointments would be rescheduled.  The victims who did not receive such a letter were merely told not to go to their scheduled appointments by either Champion or Fisher due to a backlog or a problem that had arisen with their contacts.  

The Kings County District Attorney’s Office’s investigation discovered, together with the cooperative efforts of the INS, that these INS application forms were never perfected or filed with INS, and the letters that the immigrants received that were allegedly from INS were counterfeit.  The immigrants never received their money back, even though the four defendants promised a money-back guarantee.  This investigation led to the arrests of Champion, Fisher and Phillips, culminating in a presentation to a grand jury, who returned a 146 count indictment which included charges of Grand Larceny in the Third Degree, Grand Larceny in the Fourth Degree, Criminal Possession of a Forged Instrument in the Second Degree, Scheme to defraud in the First Degree and Facilitation in the Fourth Degree.  The fourth suspect will face the same charges when apprehended.  

The bail for Fisher was set at $15,000.  Champion’s bail was set at $25,000 and Phillips’ bail was set at $10,000.  This case was investigated by the Kings County District Attorney’s Office’s Civil Rights Bureau.  Deputy District Attorney Linda Wancel, together with Assistant District Attorney Brooke Derian, headed up this investigation.

Contact:   Sandy Silverstein
            
      718-250-2300

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044

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES WARNS OF IMMIGRATION FRAUD IN THE
CARIBBEAN COMMUNITY
 

Con Artists Count on an Immigrant’s Desperation and Fear 

Brooklyn, July 26, 2002 --- The Kings County District Attorney’s Office recently completed a long term investigation into a scam in which immigrants, primarily from the Caribbean country of Trinidad and Tobago, were duped into believing that their immigration status could be changed.  These immigrants were told by a group of con artists that they would receive legitimate Green Cards, work permits and social security numbers in exchange for payments totaling thousands of dollars. Victims did not get what they were promised, nor was their money returned to them. The con artists, however, were arrested. 

These scams are becoming increasingly frequent in the Caribbean community.  Many immigrants, who move to Brooklyn from the Caribbean for a better life, are undocumented.  Some have overstayed their visas or they are here without detection from immigration authorities.  These immigrants are especially vulnerable and become targets of swindlers.    

Immigrants are often desperate to obtain an Immigration and Naturalization Service issued Alien Resident Card ("Green Card"), which renders residency upon an immigrant, entitling him or her to certain benefits, rights, or privileges that are oftentimes denied an undocumented immigrant.   Consequently, a "green card" is a highly sought after commodity.  

Undocumented immigrants have been known to pay a great deal of money and invest their trust in someone who claims they can facilitate their obtaining a "Green Card".   

"There are unscrupulous individuals who will prey upon an immigrant's desire to obtain a Green Card," said District Attorney Hynes, "they take advantage of vulnerable immigrants because they offer false hope at a high price to desperate people."  

Con artists use the ethnic press and word of mouth to entice unsuspecting victims.  Helpful tips to consider before doing business with individuals whom claim they can obtain a Green Card:   

1.                  If an individual(s) asks for and only accepts cash payments to obtain a Green Card.

2.                  If an individual(s) does not have an office or meets you at an office that is not theirs.

3.                  If an individual(s) will only meet you in a public place, in your home or your place of business.

4.                  If an individual(s) has only a cellular telephone or pager as a point of contact.  Or a cell phone or pager that belongs to someone else.  

Linda Wancel, Chief of the District Attorney's Civil Rights Bureau said, "Members of the immigrant community across Brooklyn should subscribe to the age old adage in instances where fraud is suspected…if it sounds too good to be true, it usually is."  

Many immigrants fear deportation, which prevents them from reporting instances of fraud.  If anyone believes they are or have been victimized, they should contact the Kings County District Attorney's Citizens Action Bureau at 718.250.2340.             

Contact:
Sandy Silverstein

718.250.2300

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045

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES THE ARREST OF BOOKKEEPER WHO STOLE MONEY FROM CATHOLIC SCHOOL 

BOOKKEEPER ALLEGEDLY STOLE APPROXIMATELY $330,000 FROM THE ST. AGATHA’S SCHOOL 

            Brooklyn, August 13, 2002 – Kings County District Attorney Charles J. Hynes announced today the arrest of Winifred Duffy, 51, on a top charge of Grand Larceny in the Second Degree.  Duffy is accused of stealing approximately $330,000 over a 3-year period from the St. Agatha’s School, a Catholic School located at 736 48th Street in Sunset Park, where she worked for over 10 years as a bookkeeper. 

            The investigation began about a year ago when the school noticed that it did not have enough money to purchase supplies and other school needs.  As a result of the school’s own audit in which they found inconsistencies, they alerted the Diocese, who hired a forensics auditing company, which also noticed irregularities.  After further research, the investigation concluded that the school’s bookkeeper, Winifred Duffy, had been allegedly stealing money.  “We are very pleased that the attorneys for the church turned the case over to the DA’s office,” said Charles J. Hynes.  

            Aside from the top count of Grand Larceny in the Second Degree, Duffy is also being charged with Falsifying Business Records in the First Degree (4 counts) and Petit Larceny (4 counts).  Assistant District Attorneys John Dixon and Peter Kolp of the Rackets Division are prosecuting this case.   

Contact:  Sandy Silverstein
            
     718-250-2300

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046

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT OF RENT SCAM ARTIST DEFENDANT TRIED TO RENT APARTMENTS THAT DID NOT BELONG TO HIM TO UNSUSPECTING VICTIMS 

            Brooklyn, September 6, 2002 – Kings County District Attorney Charles J. Hynes today announced the indictment of Joel Georges, 43, on burglary charges for attempting to fraudulently rent an apartment in the Canarsie section of Brooklyn to unsuspecting renters.  The problem was that he did not own the house that he was showing to potential renters. The house, along with five or six other houses located on E. 95th Street between Glenwood Road and Conklin Avenue, is owned by a real estate company, Macon Managemnt Corp., and are for sale for approximately $400,000 each. Georges had no affiliation with this company.  In addition, these houses were not for rent.  

            Georges scammed at least six victims out of at least $1,000 each as he passed himself off as a real estate agent.  An investigation is continuing to see if there were other victims involved.  He was arrested in the act of committing the crime on August 28th by Police Officer Tim Edwards of the 69th Precinct as he was showing an apartment to a few customers at this former site of the Knights of Columbus Hall.  

            The indictment charges that Georges would advertise apartments for rent in local newspapers.  He would post his cell phone number, and when prospective customers would call him, Georges would arrange to meet them at the house, rather than in an office, which is where most real estate agencies request that you meet.  He also asked them to meet him in the evening.  During the day, there were workers doing construction on the house.  Georges was able to get a key to the house and show the apartment to these victims.  It is still under investigation as to how he got a key.  

            The would-be renters would be very impressed with the three-bedroom apartments for which he was asking $1300 per month.  Some even handed over the deposit money right away, and in some cases, one month’s security.  Georges would give these people a receipt, but would not provide them with a lease, which is customary.  When these people finally realized that they were victims of a scam, they would attempt to call Georges on his cell phone, but they would only get his voicemail, and he would not return their calls.

            Georges was finally caught in the act while he was showing an apartment to prospective customers.  One of his earlier victims showed up at the house location and noticed that Georges was in his car.  She blocked his car in so that he could not move, and asked for her money back.  Georges said that if she let him leave, he would get her the money.  But, realizing that if she let him leave, she would probably never see him again, she decided to call the police on her cell phone as two good samaritans held him there so that he could not escape.  Within minutes, Georges was arrested.  

            Joel Georges was indicted on three counts of Burglary in the Third Degree, Grand Larceny in the Third Degree, five counts of Grand Larceny in the Fourth Degree, Scheme to Defraud in the First Degree and Petit Larceny.  Georges is being held on $10,000 bail and he could face a maximum sentence of 21 years. 

            Kings County District Attorney Charles J. Hynes warns potential renters to avoid the pressure sell and to beware of the following signs that someone is trying to scam you.

-         They do not associate themselves with a real estate agency.

-         The only contact number that they give you is a cell phone number.

-         They will ask you to meet them at the house rather than an office.

-         They will only meet you in the evening.

-         They ask for a down payment right away, without giving you a lease.

Contact: Sandy Silverstein
            
    718-250-2300

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047

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENTS IN HEROIN OPERATION 

Operation “Fire Fight” Nets 11 in Major Heroin Operation in Brownsville
Dealers Caught on Undercover Video
 

       Brooklyn, September 17, 2002 --- Kings County District Attorney Charles J. Hynes today

announced the indictments of 11 individuals as a result of an investigation dubbed “Operation Fire Fight”.  The defendants who range in age 17 to 58 years old were arrested between August 29th and September 5th and charged with Conspiracy in the Second Degree.  Each individual defendant is charged with one or more counts of Criminal Sale of a Controlled Substance in the Third Degree.  Both charges are Class B felonies.  

       In April 2002 the District Attorney's Office working with community leaders identified a pervasive narcotics problem concentrated on Chauncey Street in the Brownsville section of Brooklyn. Residents and homeowners found themselves increasingly at risk, living and working in what was an open-air drug market. The heroin was being sold by the brand name “Fire” from the front stoops of several buildings in this otherwise quiet neighborhood.  The trafficking took place in full view of children and other innocent civilians. 

       The Kings County District Attorney and members of the NYPD launched Operation “Fire Fight” to bring an end to the blatant dealings.  As a result of the investigation it was determined that a well-organized drug enterprise was responsible for the distribution of heroin, stamped with the brand name  "Fire."    Suppliers would deliver the packaged heroin to street-level dealers, who would in turn conduct hand-to-hand transactions with individual drug buyers.  Each of the street-level dealers would keep a portion of the profits from their drug sales for themselves.   

       "The residents, homeowners and community leaders of Brownsville are to be commended for their courage to come forward with this problem," said District Attorney Hynes. "Bringing these issues to our attention helps us target and strike down illegal activity so that children, residents and homeowners can move about their community without fear."  

       The defendants generally sold the heroin in front of two buildings on Chauncey Street, 509 and 495 Chauncey Street.  Buyers would routinely come to these buildings throughout the day and often into the night.  Throughout the investigation videotape surveillance was conducted of these two buildings in particular, which demonstrate the brazenness of these individuals in the sale of heroin.  

       The organization distributed major quantities of heroin.  It is estimated that more than 1,000 glassines were distributed daily throughout this area of Brownsville and sold to buyers for $10 each.   The activity forced homeowners and residents to be held hostages in their own homes.      

       "One of the main reasons the New York Police Department continues to lower crime to historic levels across the city is because we are committed to tearing down the illegal narcotics trade in all five boroughs," said New York City Police Commissioner Raymond W. Kelly.

"This operation proves it again: The skill and dedication of our officers has helped make Brownsville a safer place to live."  

       The indictment charges these defendants with Conspiracy in the Second-Degree in that they all agreed, between the months of April 2002 and August 2002, to commit acts constituting a class A felony, namely sale of a controlled substance in the first degree.  Additionally, these defendants are charged with their particular substantive crimes of sale and possession of heroin during the course of the conspiracy.   

       The defendants face a maximum penalty of 8 and one third to 25 years in prison.  Those defendants with prior felony convictions face 12 and a half to 25 years.   

Kings County District Attorney’s Office Chief Investigator Joseph Ponzi, Assistant Chief Investigator Henry Lemons and the Special Investigations Unit of the District Attorney’s Office, along with the New York City Police Department’s DA’s Squad commanded by Deputy Inspector Marilyn Scahill, Chief of Brooklyn North SAT COM Joseph Cuneen, Brooklyn North Narcotics Inspectors Steven Powers and Michael Muscatello, and Lieutenant Joseph Fiore and the Brooklyn North Narcotics Major Case Team conducted the investigation.  

Suzanne M. Corhan, Chief of the Major Narcotics Investigations Bureau and Senior Assistant District Attorney Lawrence Oh will prosecute the case.  Harvey Casper is Chief of the Narcotics Division.

Contact:
Sharon Toomer
718.250.2300

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048

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES 40 YEAR SENTENCE OF DEFENDANT 

GLOVER WAS CONVICTED OF SHOOTING TWO VICTIMS IN RETALIATION OF EARLIER SHOOTING  

            Brooklyn, September 13, 2002 --- Kings County District Attorney Charles J. Hynes today announced the sentencing of Elijah Glover, 22, to 40 years in prison for shooting two in retaliation for shooting his friend. 

On October 21, 2001, the defendant approached Raymond Thompson, 29, and Timothy Ayers, 28, near the Sumner Houses at 991 Myrtle Avenue in Brooklyn, where both the defendant and victims were known to frequent, and shot them with a 9mm handgun.  The first shots were fired at Thompson wounding him in the forehead, neck and chest.  Glover then pointed the handgun at Ayers and fired several more shots hitting him in the abdomen, thigh and elbow.  As a result of the shooting, Raymond Thompson is paralyzed from the neck down.  According to statements made in court, Glover sought retaliation for the shooting of his best friend months earlier.   

            Elijah Glover was charged and convicted on August 2, 2002 of Attempted Murder in the Second Degree, Attempted Assault in the First Degree and Criminal Possession of a Weapon in the Second Degree.  Judge Lawrence Knipel sentenced him on September 12, 2002 to forty years in prison.   

Senior Assistant District Attorney Caryn Gerst prosecuted the case.

Contact:
Sandy Silverstein
718.250.2300

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049

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES  DECISION REGARDING DEATH PENALTY IN FIRST DEGREE MURDER CASE 

            September 19, 2002 --- Kings County District Attorney Charles J. Hynes announced today that he will seek a sentence of life without parole in the prosecution of Alexis Vasquez, 19, indicted for First Degree Murder and other charges involving the shooting deaths of two men in December of 2001 in Fort Greene. 

            Mr. Vasquez, formerly of 707 Kingsborough 7th Walk, Brooklyn, was charged in a twelve-count indictment with the intentional murders on December 5, 2001, of Solomon Kenney, 21, and Shawn Grant, 21. 

            "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 sixty-fifth 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; the death sentence was later vacated after appeal, and Harris was sentenced to three consecutive terms of Life Without the Possibility of Parole. 

            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.  

            Vasquez was arraigned on May 23, 2002, and the 120 day period was to have elapsed on Friday, September 20, 2002.  

            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," said District Attorney Hynes, "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." 

                 Vasquez is accused of the following charges: Murder in the First Degree (two counts); Murder in the Second Degree (four counts); Attempted Murder in the Second Degree (two counts); Assault in the First Degree (two counts); Criminal Possession of a Weapon in the Second Degree; and Criminal Possession of a Weapon in the Third Degree. 

            The indictment charges that on December 5, 2001, Vasquez, together with Joel Roberts, 18, who was also indicted for Murder in the First Degree and will face Life Without Parole, intentionally caused the deaths of Kenney and Grant by shooting them with handguns. Both men died as a result of their wounds and injuries. The incident took place in the afternoon of December 5, 2001, in the Fort Greene section of Brooklyn.   

            Vasquez is being held without bail, awaiting trial in Supreme Court, Kings County. The case is assigned to the Honorable Cheryl E. Chambers of the Supreme Court, Kings County, and the next court date is September 19, 2002.  

            The case is being prosecuted by Senior Assistant Attorney Anna-Sigga Nicolazzi and Bureau Chief Kyle C. Reeves, both of the Homicide Bureau. 

            A copy of the indictment is available.

Contact:
718.250.2300

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050

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES RECEIVES AWARD FROM COUNCILWOMAN TRACY BOYLAND FOR CLEANING UP BROWNSVILLE OF DRUG DEALERS 

COUNCILWOMAN BOYLAND AND DISTRICT 41 RECOGNIZE THE WORK OF THE KINGS COUNTY DISTRICT ATTORNEY’S OFFICE IN CLEANING UP THEIR NEIGHBORHOOD 

            Brooklyn, September 20, 2002 – Kings County District Attorney Charles J. Hynes will receive a Proclamation with Citation from Councilwoman Tracy Boyland for his efforts in cleaning up the area surrounding the Wayside Baptist Church in Brownsville.  This will take place during church on Sunday, September 22, 2002 at approximately 11:30 AM.  The church is located at 1746-60 Broadway off the corner of Chauncey Street, the street where “Operation Fire Fight” took place.  Suzanne Corhan, Chief of the Major Narcotics Investigation Bureau at the District Attorney’s Office will receive an Honorable Mention. 

            District 41 in Brownsville recognizes District Attorney Hynes’ hard work in ridding their neighborhood of drug dealers and making it a safer place in which to live.  The residents were basically being held hostage in their own homes.  Councilwoman Boyland says, “Mr. Hynes has given the community back to the residents of this neighborhood.   He has helped to restore the neighborhood so that children can play outside and seniors are not afraid to go for walks outside.” 

            The community block leaders want to personally thank DA Hynes for his tireless efforts.  These community block leaders would regularly convene in the community room at this church to discuss what can be done to improve their neighborhood.  So, they thought that it would be fitting to present the award to DA Hynes at this same church where they spent countless hours trying to figure out a solution to their community’s problem.

             Reverend Joe Parker, the pastor at Wayside Baptist Church attended the recent press conference that DA Hynes held to announce the success of “Operation Fire Fight”, which took 11 drug dealers off the streets in the area surrounding the church.  Most of the transactions took place on Chauncey Street.  Suppliers delivered the heroin to street sellers who hung out on the Chauncey Street stoops.  Hynes estimated that up to 1,000 bags a day were sold to buyers at $10 each.  The District Attorney’s Office investigated the open-air drug market that was plaguing this Brownsville neighborhood and shut the operation down.   Hynes commended community residents for having the courage to come forward. 

 

            There are expected to be over 1,000 people at the church on Sunday to show their gratitude to Mr. Hynes. 

 

Contact:     Sandy Silverstein
            
        718-250-2300

WHO:            Kings County District Attorney Charles J. Hynes and District 41 Councilwoman Tracy Boyland 

WHAT:          District Attorney Hynes will receive an award from Councilwoman Boyland for ridding the are surrounding the Wayside Baptist Church in Brownsville of drug dealers. 

WHERE:       Wayside Baptist Church
                        1746-60 Broadway (off the corner of Chauncey Street)
                        Brooklyn, NY 

WHEN:          Sunday, September 22, 2002 at approximately 11:30 AM 

C  

051

OCTOBER IS DOMESTIC VIOLENCE AWARENESS MONTH KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES AND  OLYMPUS JOIN TO FIGHT DOMESTIC VIOLENCE 

Olympus America, Inc. Donates Digital Cameras and Printers to Record 
Injuries of Domestic Violence Victims in the Emergency Room
 

Brooklyn, September 24, 2002 --- Kings County District Attorney Charles J. Hynes today announced a pilot program with Olympus America, Inc., a leading distributor of digital imaging equipment, to fight domestic violence with the help of digital photography.  In anticipation of Domestic Violence Month in October, Olympus America presented District Attorney Hynes and his staff with eight digital cameras along with printers and disk at a press conference.  

            "Our office receives more than 10,000 domestic violence cases annually," said District Attorney Hynes, "trying these sensitive cases without hard evidence is a prosecutors constant challenge.  Olympus' donation of digital cameras and printers will help to prosecute these cases by allowing the early gathering of high quality images that may be used as evidence."  

A critical stage in the investigation of domestic violence cases is when the victim arrives at the hospital with injuries.  The District Attorney's office will provide Brooklyn area hospital emergency rooms with cameras and printers. Recording those injuries at that stage will provide an image that accurately reflects the seriousness of the offense as opposed to photographing injuries once healing has set in or make up has been applied to cover the injury.  Once the victim has been evaluated, medical personnel will digitally record injuries sustained by victims.  

Cameras will also be used by the District Attorney's Detective Investigators to record property damage such as broken doors and destroyed furnishings at domestic violence crime scenes. 

Beginning in October, Brooklyn hospitals will implement the digital program.  In addition to donating the equipment, Olympus America has committed to training the District Attorney's staff, as well as medical and emergency room personnel in the use of the imaging apparatus. 

            "We are proud to take part in a program that will use our digital technologies to improve the lives of thousands of people. Olympus has long been an innovator in providing imaging solutions to vertical markets such as law enforcement and medical," said Martin Lee, Vice President of Marketing, Consumer Product Group, Olympus America, Inc.  "Particularly in the case of documenting evidence, there is a need for accurate, high quality pictures and Olympus' digital cameras offer the perfect solution. Olympus strongly supports the Kings County D.A.'s Office in this important undertaking." 

The medical centers participating in this innovative program are Brookdale, Brooklyn, Kings County, Long Island College, Lutheran and Maimonides. 

Bryan K. Regan Phd., Vice President of the Brooklyn Hospital Center says, “This will really help our doctors to help those who’ve been victims of violence.  It is important to bring technology to bear on this issue.” 

The District Attorney's Chief of the Special Victims Division Wanda Lucibello, Chief of the Domestic Violence Bureau.  Deirdre Bialo-Padin and Chief of the Medical-Legal Unit Joan Ierardi will manage the pilot program.

Contact:
Sharon Toomer
718.250.2300

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052

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES’ OFFICE ANNOUNCES THE NOMINATION OF PARALEGAL MARGARITA TORRES FOR THE GOVERNOR’S 2002 COURAGE AWARD TO END DOMESTIC VIOLENCE 

            Brooklyn, September 20, 2002 – Margarita Torres, a paralegal in the Kings County District Attorney’s Office who has dedicated many years to helping victims of domestic violence has been nominated to receive the Governor’s 2002 Courage Award to End Domestic Violence.    Ms. Torres, a survivor of domestic violence herself, relies on her own experience to educate victims and help them move forward.  She answers their questions, explains the legal system to them and encourages victims that they can overcome any obstacle to lead a safer, more productive life. 

            “Ms. Torres is a perfect example of someone who turned her life around, and she uses herself as an example, motivating victims and showing them that if she can overcome her obstacles and be a successful, productive person, then so could they,” said District Attorney Hynes.  

Maggy, as she is known, started out without a college education, very little money in her pocket, living in a shelter system with three kids and involved in an abusive relationship.  Maggy has survived her abusive relationship, raised her three children with proper values, received her G.E.D. in 2001 and is currently attending New York City Technical College for the Fall semester.  And she has worked her way up within her company.  She started out as a receptionist at the DA’s Office in 1993, but soon after, she was given more responsibility as she was assigned as an Intake Coordinator where she conducted full intake interviews of complaining witnesses.  Eventually, Maggy was promoted to her current position of Paralegal in the Domestic Violence Bureau. 

Maggy encourages victims by telling them that there can be positive results from bad experiences.  These victims feel that there is no way out.  But, Maggy shows them that they can succeed and tries to comfort them.  She shows concern, explains the legal language and all of the available options to the victims, and translates material for Spanish-speaking victims.  She also translates many of our forms and documents to make them more understandable to the victims.   

Now, as a Paralegal, Maggy has even more responsibility.  She prepares misdemeanor, felony and homicide domestic violence cases for trial.  She still deals with many of the victims as she tries to convince many uncooperative witnesses to come in to be interviewed by convincing them that someone cares about them.    

Maggy’s work with domestic violence victims is not a nine-to-five job.  She takes phone calls after working hours to help victims.  In addition, she does a lot of community work.  She works with members of her community through different programs sponsored by the New Settlement Apartment’s Management.  N.S.A. is an 18 building management complex of over 600 residents.  New Settlement buys old buildings and makes them available to low income and other community residents with special needs.  Maggy acts as a translator and brings updated domestic violence legal information to be distributed to residents and non-residents.   

Maggy also attends regular meetings where she lives, with the 44th Police Precinct NYPD domestic violence unit to discuss police response to domestic violence calls, and obtains their participation in the N.S.A. annual Domestic Violence Vigil.   

Within her community, Maggy’s domestic violence group is very active, performing skits and educating residents.  Her group also performs in various domestic violence shelters.  They try to get shelter residents to express themselves through poems.  In fact, Maggy’s group performance has become one of the required workshops offered by the shelters that residents must attend in order to fulfill their shelter requirements.  Maggy says, “It’s when you are in the abusive situation that you can’t think for yourself.  You are not allowed to think or do basically anything.  You have no self-esteem.  Being in the workshop allows the participants to think for themselves – to begin a new life and to see an independent future.”   

Maggy often works with her group, going to schools and inviting teachers and church groups to their meetings to help get information to community youth about domestic violence awareness. She also represents the District Attorney’s Office by speaking at schools to teens and disseminating information at conferences hosted by this office and other agencies.  Maggy also gives support to other groups like Voices of Women and D.V.A.N. by attending their vigils, providing them with pamphlets and keeping them updated with information regarding new laws to be distributed to their communities.   

Maggy is an inspiration to other women and is an excellent candidate for the Governor’s award. 

Contact:    Sandy Silverstein
            
       718-250-2300

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053

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES THE INDICTMENT OF POLICE OFFICER CHARLES DORCENT ON CHARGE OF ASSAULT IN THE SECOND DEGREE 

            Brooklyn, October 3, 2002 – Kings County District Attorney Charles J. Hynes today announced the indictment of Police Officer Charles Dorcent, 34, on a top charge of Assault in the Second Degree for hitting suspect, Anthony Carty, 26, with his NYPD radio.  The other charges in the indictment are Assault in the Third Degree, Attempted Assault in the Second and Third Degrees, and Criminal Possession of a Weapon in the Fourth Degree.   

            On August 11th, Carty and several other people were being arrested after a fight broke out near Prospect Park at the corner of Parade Place and Parkside Avenue.  Carty had been arrested and handcuffed for interfering with an arrest, and disorderly conduct.    As he was being led to a police car, Dorcent, who worked in the 70th Precinct, allegedly struck Carty in the mouth with his radio.  This incident was captured on videotape, prompting Carty to file a complaint with the Civilian Complaint Review Board and contacting community activist Richard Green.  Green helped arrange for the police to view the videotape.  As a result, Dorcent was suspended from the force by Police Commissioner Raymond Kelly on August 29th.            

            Dorcent was arrested on September 6th after an investigation by police and the District Attorney’s Office.  Dorcent faces up to seven years in prison if convicted of the top charge. 

            The case is being prosecuted by Executive Assistant District Attorney Charles M. Guria, Chief of Corruption Investigation and Assistant District Attorney Joseph A. DiBenedetto, Counsel to the Rackets Division.            

Contact:   Sandy Silverstein
            
      718-250-2300

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054

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES THE INDICTMENT OF BROOKLYN MAN ARRESTED FOR IMPERSONATING AN ATTORNEY 

DEFENDANT IS CHARGED WITH COLLECTING FEES FROM INDIVIDUALS IN LANDLORD-TENANT DISPUTES 

            Brooklyn, October 7, 2002 – Kings County District Attorney Charles J. Hynes today announced the indictment of Carl B. Smith, 36, for impersonating an attorney and illegally representing clients in Housing Court.  Smith is being charged with Perjury in the First Degree, Offering a False Instrument for Filing in the First Degree and three counts of Unlawful Practice of Law.  Smith can face up to seven years in prison if convicted of the top charges, which is a class D felony.  

 Smith made three separate court appearances, alleging to be a licensed attorney, in New York City Housing Court on behalf of a tenant.  In the course of the proceeding, the defendant submitted a notice of appearance to the Court and questioned witnesses during a trial.   

            Housing Court Judge Gerald Lebovits, who presided over the case, suspected that Smith was in fact not an attorney.  He then contact the District Attorney’s Office, and an investigation was conducted.  The District Attorney’s Office’s Investigations Bureau checked attorney registration records and consequently found that the claimed law office in the Bronx did not exist.

            On October 1st, at Housing Court, located at 141 Livingston Street, Judge Lebovits swore Mr. Smith in during the final appearance on the landlord-tenant case.  Then, Judge Lebovits questioned him under oath.  Mr. Smith claimed to have received a law degree from John Jay College and to be admitted in the “Civil Department.”  However, John Jay College does not include a Law School, and there is no “Civil Department.”  At the end of his questioning, the judge finally informed Smith that there were detectives from the District Attorney’s Office present in the courtroom, and he was then arrested upon leaving the courtroom.  

            Smith was arrested by Detective Investigator Wendy Diamond of the Kings County District Attorney’s Office.  It was found upon investigation that Smith has two prior felony convictions and several misdemeanor convictions in New York State, and additionally served time in prison as a consequence of a felony conviction in federal court.

            Bail has been set at $10,000 pending the defendant’s arraignment in Brooklyn Supreme Court.  Assistant District Attorney Thomas Ridges is prosecuting the case. 

            An investigation is ongoing into possible additional instances in which the defendant received money from others seeking legal assistance.  Anybody who believes they have paid the defendant money for performing services as an attorney should contact the Citizen Action Center at the District Attorney’s Office at 718-250-2340. 

Contact:   Sandy Silverstein
            
     718-250-2300

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055

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES AND THE NEW YORK CITY COLLEGE OF TECHNOLOGY SCHOOL OF PROFESSIONAL STUDIES PRESENT DOMESTIC VIOLENCE CONFERENCE 

THE KINGS COUNTY DISTRICT ATTORNEY’S OFFICE’S DOMESTIC VIOLENCE BUREAU IS HOLDING ITS 9TH ANNUAL DOMESTIC VIOLENCE CONFERENCE ENTITLED, “D0MESTIC VIOLENCE FATALITIES: ARE WE LISTENING?”

WHO:            The Kings County District Attorney’s Office, New York City College of Technology School of Professional Studies, and various panel speakers including medical experts, researchers and counselors. 

WHAT:          The Kings County District Attorney’s Office’s Domestic Violence Bureau will be holding its 9th Annual Domestic Violence Conference in conjunction with the New York City College of Technology School of Professional Studies. 

Topics will include:

1.      A Case Study: Fatality Review

2.      The Offender: National Trends, Profile and Risk Assessment

3.      The Victim: National Trends, Profile, Foreign born women

4.      How do we protect the victim: Safety planning and ethical issues.

5.      Elder abuse homicides

6.      Break out-groups: 4 simultaneous sessions: a) EED/Psychiatric Defenses;  b) Children as Witnesses to Homicides;  c) Innovations in training the public; and  d) Domestic Violence: A Collaborative and Integrated Approach to treatment.
  

WHERE:       New York City College of Technology
Klitgord Auditorium
285 Jay Street (Corner of Tillary Street)
Brooklyn, NY  11201

WHEN:         Tuesday, October 8, 2002 at 8:00 AM

 

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056

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES AWARDS EXTRAORDINARY ELDER WITH CITATION OF HONOR

            Brooklyn, October 4, 2002 – Kings County District Attorney Charles J. Hynes honored Ms. Marcelle Placide as the recipient of his "Extraordinary Elder" award in a ceremony held in his boardroom this week.  Ms. Placide, who celebrated her 90th birthday on July 22nd, was honored with the District Attorney's Citation of honor for her grace, dignity, wisdom and willingness to always help others.  

Ms. Placide was born on the island of Haiti in 1912, and moved to New York City in 1947.  For the past 40 years Brooklyn has been her home.  She is an active member of her church, St. Gregory’s, and she attends a number of other American and French-speaking churches.  In addition to her church activities, Ms. Placide spends time at the Van Dyke Seniors Center in East New York, where she likes to teach sewing.   For much of her life, Ms. Placide worked in the garment district as a seamstress.  

            Joined by family members and friends, Ms. Placide was presented with a certificate from District Attorney Hynes.  She has been a significant influence on her family, church and community and Ms. Placide credits all of them as the reason why she has led a fulfilling life.  "I want to thank the Lord because the Lord is my boss," said Ms. Placide, "I also want to thank Mr. Hynes and the people from the Van Dyke Center."            

Since 1996 District Attorney Hynes has presented the "Extraordinary Elder" award to more than 50 senior citizens.  He also created the Senior Affairs Bureau to investigate and prosecute crimes against elderly citizens.  Before then, in 1975, Governor Hugh Carey and Attorney General Louis Lefkowitz appointed Mr. Hynes as Special State Prosecutor to investigate nursing home fraud.   His State Medical Fraud Control Unit became a national model and his Medicaid Fraud Control legislation - which provided federal funding for any state interested in starting a unit - became law in 1978. 

Photos are available upon request.

Contact:
Sandy Silverstein
718.250.2300

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057

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES AND POLICE COMMISSIONER RAYMOND KELLY ANNOUNCE INDICTMENT IN CYPRESS HILLS TAKEDOWN 

INVESTIGATION LEADS TO UNSOLVED MURDERS AND UPSTATE NY CONNECTION 

VIDEO SURVEILLANCE REVEALS GANGS HOLD OVER HOUSES

·        INDICTMENT INCLUDES OVER 200 COUNTS.

·        FULTON COUNTY DISTRICT ATTORNEY LOUISE KAUFFMAN SIRA JOINS INVESTIGATION.

·        COMMUNITY LEADERS JOIN IN APPRECIATION OF DISTRICT ATTORNEY AND POLICE NARCOTICS BUREAU. 

            Brooklyn, October 10, 2002 – Kings County District Attorney Charles J. Hynes today announced the indictment of 60 defendants in conjunction with drug trafficking in the Cypress Hills Houses.  The indictment contains as many as 212 counts of various drug-related charges.  This follows a long-term, historical investigation conducted by Assistant District Attorneys in the Major Narcotics Investigations Bureau working together with the Brooklyn North Narcotics Division.  The takedown of five gangs involved in narcotics trafficking in the Cypress Hills Houses, which included 45 arrests from September 18 – 25.  Investigators are now looking closely at past shootings and homicides as they relate to the Cypress Hills Housing Development. 

District Attorney Hynes recognized the efforts of the NYPD’s Narcotics Division for their effort on this successful bust and ongoing investigation.  An intense six-month probe led up to the arrests, during which undercover detectives made purchases of large amounts of crack, cocaine, marijuana and heroin at 28 separate locations.  It was also found that the leaders of all five drug rings worked together to sell the illegal narcotics in a “historic conspiracy.” 

            New York City Police Commissioner Raymond W. Kelly said: "Thanks to the painstaking efforts of our detectives, today the residents of Cypress Hills are free from the anxiety and fear that once gripped their community. The New York City Police Department is more devoted than ever to wiping out the scourge of drugs not only in this neighborhood, but in all five boroughs." 

The investigation has revealed the Cypress Hills gangs had a long reach.  It has been determined that these drug gangs extended their reach as far as Upstate New York.  They orchestrated the transport and distribution of narcotics from Brooklyn to Fulton County where they oversaw and participated in the narcotics trafficking in this upstate NY area.  This part of their operation often generated as much as three times the gross revenue of what the dealers were earning in Brooklyn.  

            Fulton County District Attorney Louise Kauffman Sira says congratulations to DA Hynes and Police Commissioner Kelly on “such a massive strike against drug dealers not only in Brooklyn, but in ‘our neck of the woods’ as well.  The fact that the Takedown had such strong links to rural Fulton County demonstrates the far reaching capacity of these criminals and the lengths they will go to make a profit.  Combining forces in this massive investigation and the arrests that followed significantly hampers the connection between upstate and downstate drug trafficking.  I commend the unrelenting efforts of the Gloversville Police Department and the NYPD's Narcotics Division.” 

Undercover surveillance video played a key role in the investigation.  District Attorney Hynes said, “On the tapes, you can clearly see the transactions taking place.  The evidence against these drug dealers is obviously overwhelming and continues to build, involving even more serious crimes.  Our ultimate goal is to make sure these neighborhoods remain drug-free.”  

            Community leaders praised District Attorney Hynes and his office for the success they have had in cleaning up this neighborhood and getting the criminals off of the streets, making people in the community feel safe again to walk around in their own neighborhood.  Residents complained they were being held hostage in their own homes because it was dangerous to walk outside. 

            Earl Williams, Chairman of Community Board 5 said, “This is the best effort that has ever been made to clean up our community.  It was an excellent combined effort by the District Attorney’s Office, PSA2 and the 75th Precinct.  We needed this for a long time.”

            Some of the community leaders include Rev. Camp from Bethlehem Baptist Church; Rev. Devore Chapman from Grace Baptist Church; Rev. Owen Brown from Church of God of Prophecy; Father James Cintron from St. Fortunata’s R.C.. Church-Catholic; Rev. Clarence Keaton from True Worship Church; and Rev. Elijah Pope from Messiah Baptist Church; Mr. Dwayne Faison, Tenant Association President in Cypress Hills; Mr. Mir Mahmood, Manager of Cypress Hills Development; Ms. Carrie Wilkins, PSA2 Council President & Community Center Director for Tilden Houses; Mr. Earl Williams, Chair for Community Board 5 in East New York; and Mr. Walter Campbell, District Manager for Community Board 5; Captain Joseph Campbell, Commanding Officer for PSA2; and Det. Walter Brent, Community Affairs – PSA2 & Past CPOP officer for Cypress Hills. 

Contact:    Sandy Silverstein
             
       718-250-2300

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058

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES DECISION REGARDING DEATH PENALTY IN FIRST DEGREE MURDER CASE 

            Brooklyn, October 11, 2002 --- Kings County District Attorney Charles J. Hynes announced today that he will seek a sentence of life without parole in the prosecution of Louis Echavarria, indicted for First Degree Murder and other charges involving the killing of his grandfather, Michael Rodriguez, during a robbery in April of 2002 in Brooklyn Heights. 

       Echavarria, 34, who was reported to have been homeless at the time of the incident, was charged in a four-count indictment with the intentional murder during a robbery on April 22, 2002, of his grandfather, Michael Rodriguez, 85. 

            "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 sixty-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 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 prior to commencement of the penalty phase of trial, 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. Harris was later resentenced to life without parole following his direct appeal to the Court of Appeals.  

            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. 

            Echavarria was arraigned on June 14, 2002, and the 120-day period was to have elapsed on Friday, October 11, 2002.  

            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. 

            Echavarria is accused of the following charges: Murder in the First Degree (one count) and Murder in the Second Degree (three counts).  

            The indictment charges that Echavarria, on April 22, 2002, intentionally caused the death of Rodriguez by strangling and smothering him during a robbery. Rodriguez died as a result of his wounds and injuries. The incident took place in the evening hours of April 22, 2002, inside of Rodriguez’s apartment at 55 Pierrepont Street, Brooklyn Heights, Brooklyn.   

            Echavarria is being held without bail, awaiting trial in Supreme Court, Kings County. The case is assigned to the Honorable Neil Firetog of the Supreme Court, Kings County, and the next court date is October 31, 2002.  

            The case is being prosecuted by Senior Trial Assistant Caren Cambre of the Homicide Bureau and Deputy Bureau Chief Arlene Markarian of the Elder Abuse Unit. 

            A copy of the indictment is available.

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059

EL FISCAL DEL CONDADO DE BROOKLYN CHARLES J. HYNES ANUNCIA EL INSTRUMENTO ACUSATORIO EN EL DESTRONO DEL COMPLEJO CYPRESS HILLS HOUSING  

La Investigacion Llevo A Una Serie De Homicidios No Resueltos Y A Una Coneccion De Trafico De Narcoticos En Las Afueras De La Ciudad de Nueva York (Upstate, New York) 

Camara De Video De Vigilancia Revela Gangas Se Apoderaron De Las Casas Del Complejo Cypress Hills  

·        Algunos de los instrumentos acusatorios incluyen mas de 200 acusaciones.

·        El Fiscal del condado de Fulton Louise Kauffman Sira, se une a la investigacion.

·        Lideres a la comunidad se unen en apreciacion' al Fiscal y a la unidad de Narcoticos de la Policia 

Brooklyn, 10 de octubre 2002 --- El Fiscal del condado de Brooklyn Charles J. Hynes anuncio hoy el instrumento acusatorio de 60 acusados en coneccion con el trafico de drogas en el complejo de Cypress Hills Houses.  Algunos de los instrumentos acusatorios contienen tanto como 212 acusaciones de varios cargos relacionados con drogas. 

Esto sucedio despues de destronar a cinco gangas envueltas en narcotrafico en el area del complejo de Cypress Hills Houses el cual incluyo 45 arrestos, comenzando del 18 de septiembre, hasta el 25 de septiembre.  Investigadores investigan cuidadosamente incidentes de tiroteos que ocurrieron en el pasado tambien como homicidios relacionados con el complejo de Cypress Hills Houses. 

El fiscal Hynes reconoce los esfueros de la division de narcoticos del departamento de policia de la ciudada de Nueva York y los esfuerzos de la investigacion de esta exitosa redada la cual se llevaba a cabo por un tiempo.  La investigacion intensa se llevo a cabo por un periodo de seis meses la cual condujo a los arrestos en la cual incubiertos hicieron compra de grandes cantidades de crack, cocaine, marijuana y heroina en 28 locales diferentes.  Tambien se descubrio que los lideres

 Nos excusamos por no tener los acentos apropiados en la traduccion.   

de las cinco gangas del cartel de drogas trabajaban en union para vender los narcoticos ilegales en una "conspiracion historica" con el trafico de drogas en el complejo Cypress Hills Houses. 

La investigacion revelo que estas gangas tenian acaparada una buena parte de territorrio.  Se a determinado que estas gangas se extendian tan lejos como hasta las afueras de la ciudad de Nueva York (Upstate, New York).  Ellas orquestraron el transporte y distribucion de narcoticos desde Brooklyn hasta el condado de Fulton donde supervisaban y participaban en el trafico de narcoticos en el area de las afueras de la ciudad de Nueva York.  Esta parte de su operacion generaba tres veces el ingreso bruto mas de lo que los traficantes ganaban en Brooklyn. 

El comisionado de la policia de la ciudad de Nueva York Raymond W. Kelly dijo, "Gracias a los afanosos esfuerzos de nuestros detectives, hoy los residentes de Cypress Hills son libres de anxiedad y temor que una vez se apodero de su comunidad.  El departamento de policia de la ciudad de Nueva York mas que nunca esta dedicado a eliminar el asote de drogas no solamente en este vecindario pero en los cinco condados." 

La vigilancia de camaras de video de los incubiertos a jugado un papel muy importante en esta investigacion.  El Fiscal Hynes dijo, "en los videos se puede observar claramente cuando la transaccion se esta llevando a cabo.  La evidencia en contra de estos traficantes es arrolladora y se continua acumulando en coneccion con crimenes mucho mas serios.  Nuestra meta es de estar seguros que estos vecindarios permancen libres de las drogas." 

Lideres de la comundiad elogiaron al fiscal Hynes y su oficinia por el exito obtenido limpiando estos vecindarios y en sacar a estos criminales de las calles, haciendo que las personas en la comunidad se sientan seguros nuevamente y otra vez puedan caminar en su proprio vecindario.  Los residentes se quejaban de que ellos habian sido rehenes de sus hogares porque era muy peligroso caminar afuera. 

Earl Williams, Chairman del Community Board 5 dijo, " Este a sido el mejor esfuerzo que se a hecho para limpiar nuestra comunidad.  Ha sido una excelente combinacion de esfuerzos de parte del fiscal, PSA2 y el precinto 75.  Nosotros estabamos necesitados de esto desde hace mucho tiempo."

Nos excusamos por no tener los acentos apropiados en la traduccion.

Alugnos lideres de las iglesia incluye:  Rev. Camp from Bethlehem Baptist Church; Rev. Devore Chapman from Grace Baptist Church; Rev. Owen Brown from Church of God of Prophecy; Father James Cintron from St. Fortunata’s R.C.. Church-Catholic; Rev. Clarence Keaton from True Worship Church; and Rev. Elijah Pope from Messiah Baptist Church; Mr. Dwayne Faison, Tenant Association President in Cypress Hills; Mr. Mir Mahmood, Manager of Cypress Hills Development; Ms. Carrie Wilkins, PSA2 Council President & Community Center Director for Tilden Houses; Mr. Earl Williams, Chair for Community Board 5 in East New York; and Mr. Walter Campbell, District Manager for Community Board 5; Captain Joseph Campbell, Commanding Officer for PSA2; and Det. Walter Brent, Community Affairs – PSA2 & Past CPOP officer for Cypress Hills.  

Para Mas Informacion:
Orlando Rivera
718.250.2300  

Nos excusamos por no tener los acentos apropiados en la traduccion.

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060

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES THE ARRESTS OF THREE POLICE OFFICERS AND 27 CIVILIANS IN AUTO INSURANCE FRAUD SCHEME 

POLICE OFFICERS WERE PAID TO FILL OUT PHONY ACCIDENT REPORTS, SCAMMING INSURANCE COMPANIES OUT OF MORE THAN $1.5 MILION DOLLARS 

                Brooklyn, October 22, 2002 --- Kings County District Attorney Charles J. Hynes today announced the arrests of three police officers from the 61st Precinct and 27 civilians for their participation in a massive automobile insurance fraud scheme.  This scheme resulted in the loss of more than $1.5 million in billings and claims to insurance companies. 

            The arrests were the result of a two-year investigation conducted by the Kings County District Attorney’s Office, the NYPD Internal Affairs Bureau and the National Insurance Crime Board.  The investigation was initiated after the NYPD received information that several people in the South Brooklyn area were involved in an automobile insurance fraud scheme.  The arrests involve 24 fictitious accidents, and more than 50 additional accidents involving the same ring are currently under investigation.  

Prosecutors charge that these scams would not have been possible without the cooperation of three police officers from the 61st where all the phony accidents were said to have taken place.  Police Officers Jeanine O’Malley, 35, Susan F. Lavin, 42, and Robert L. Herold, 38, allegedly generated the accident reports required to file the insurance claims. All are veteran officers. O’Malley has 11 years on the force, Lavin 15 years and Herold 16 years. 

The officers would allegedly get the information from con artists known as “Runners” after meeting with them at the precinct or at nearby locations.  At these meetings, the officers would receive a slip of paper containing the names and vehicle descriptions to be put on an accident report.  The officers would allegedly file the information with the police department as an official accident report. The Runners would either pick up the report at the precinct or the officers would deliver it to them.  

"Runners" would solicit individuals called "Jump-ins" to provide personal information, which would be included on the phony accident reports. Bogus injuries would also be claimed and Jump-ins would be sent for treatment at certain medical offices.  Runners would also refer the Jump-ins to attorneys who would file insurance claims under no-fault provisions.  The claims would cover the cost of medical expenses, transportation to and from the medical facilities, medical supplies, MRI exams and psychiatric treatments for stress that resulted from the accidents.   

Another tactic used by the ring involved soliciting Jump-ins to allow their vehicles to be used in a fictitious accident.  In this scenario, the vehicles, which were often already damaged, would be brought to an auto body repair shop.  On many occasions, these vehicles would be further damaged to make the alleged accident more convincing.  The insurance companies would then be notified of the alleged accident, and their adjusters would inspect the vehicles. 

The Jump-ins were promised several hundred dollars for their participation in the scheme which typically settled their insurance claims for payments ranging from $1,500 to more than $15,000.  Those Jump-ins who allowed their cars to be used in the scheme were paid from $500 to $1,500.  If their car had damage to it, the car would be repaired at the expense of the insurance company.            

            “These kinds of insurance fraud schemes result in millions of dollars in higher rates passed on to honest car owners.  It is especially distressing to learn that Police Officers in who we put our trust were involved in this particular racket.  I know they are not representative of the finest police force in the country and I congratulate the team of NYPD, Insurance industry investigators and my office for their work on this case,” said District Attorney Charles J. Hynes.                       

       "Thanks to the efforts of our Internal Affairs Bureau, as well as the Kings County District Attorney's Office and the National Insurance Crime Board, we uncovered this insurance scheme and brought it to an end," said Police Commissioner Kelly. "No member of the New York City Police Department is above the law, and these officers will be subject to the same fate as any other criminals: prison." 

The officers were paid between $20 to $100 for each accident report they prepared.  Sometimes, the payment was to have the officers’ personal vehicles repaired or cleaned.  In one case, it is charged, Officer Lavin had new stylish wheels put on her personal car as payment for preparing the reports.  Payments were also made by providing the officers with the prescription painkiller, “Vicodin,” was delivered at the precinct or while police officers were sitting in their patrol cars. 

            The Police Officers face charges of Conspiracy, Official Misconduct, Insurance Fraud and Grand Larceny. The Runners and Jump-ins face charges of Insurance Fraud, Grand Larceny, and Falsifying Business Records. All face up to 2 1/3 – 7 years in prison if convicted.

            Assistant District Attorney Kevin Richardson of the Rackets Bureau is prosecuting the case. Michael F. Vecchione is Chief of the Rackets Bureau.  Melissa Jackson is Deputy Chief of the Bureau.  Chief Charles Campisi is head of the New York City Police Department Internal Affairs Bureau.  Michael Fella is Director of the National Insurance Crime Bureau.  

Contact:  Jerry Schmetterer, 718-250-2300

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061

EL FISCAL DEL CONDADO DE BROOKLYN CHARLES J. HYNES ANUNCIA EL ARESTO DE TRES OFICIALES DE POLICIA Y 27 CIVILES EN UN FRAUDE  DE SEGUROS DE AUTO

OFICIALES DE LA POLICIA ERAN PAGADOS POR LLENAR FRIVOLOS REPORTES DE ACCIDENTE ENGANANDO A LAS COMPANIAS DE SEGURO FOR MAS DE $1.5 MILLONES DE DOLARES 

       Brooklyn, octubre 22, 2002 --- El fiscal del condado de Brooklyn Charles J. Hynes anuncio hoy el aresto de tres oficiales de la policia del precinto 61 y de 27 civiles por su participacion en el escandalo masivo de fraude de seguros de auto. 

       Los arestos han sido el resultado de dos anos de investigacion que llevo a cabo la oficina del fiscal de Brooklyn, la Unidad de Rentas Internas del Departamento de Policia de la ciudad de Nueva York y la Junta de Crimenes Nacionales de Seguros. La investigacion se inicio  despues que el departamento de policias de Nueva York recibiera informacion que varias personas en el erea del sur de Brooklyn estaban envueltos en un fraude de seguros de auto. Los arestos envuelven 24 accidentes falsos y mas de 50 accidentes adicionales envolviendo el mismo circulo de personas  que al presente estan bajo  investigacion. 

       Asistentes  a fiscales enfatizan que este escandalo no podia ser posible sin la cooperacion de los tres oficiales de policias del precinto 61  donde todos los accidentes aparentemente occurrieron. La oficial Jeanine O’Malley, 35, Susan F. Lavin, 42 y Robert L. Herold, 38 alegadamente generaron los reportes de accidentes de autos necesarios para archivar los reclamos a las companias de seguros. Todos estos oficiales son veteranos de la fuerza de policias. O’Malley tiene 11 anos en la  fuerza, Lavin 15 anos y Herold 16 anos. 

       Los oficiales alegadamente recibian la informacion de personas conocidas como “Runners” despues de haberse reunido en el precinto o en locales cercanos. En estas reuniones, los oficiales recibian un recivo que contenia los nombres y descripcion de los vehiculos que se incluirian en el reporte de accidente. Estos oficiales alegadamente archivaban la informacion con el departamento de la policia como un reporte de accidente oficial. 

 
Mas…

 

Nos excusamos por no tener los acentos apropiados en la traduccion. 

  

       Las personas llamadas “Runners” solicitaban  individuos  llamados "Jump-ins” para proveer informacion personal a incluirse en los reportes de accidentes frivolos. Lesiones falsas tambien eran reclamadas y  los Jump-ins eran enviados para tratamiento en ciertas clinicas. Los Runners tambien referian a los Jump-ins a abogados quienes archivaban reclamos bajo la provision “sin culpa".   Los reclamos cubrian gastos de medico, transportacion a las facilidades medicas y de las facilidades medicas, suplidores medicos, examenes de MRI y tratamientos psychiatricos por razones de tension como resultado del accidente. 

       Otra tactica usada por esta banda envolvia solicitando los Jump-ins que permitieran que sus autos fueran usados en accidentes frivolos. En este escenario, los autos quien a menudo ya tenian  danos o golpes, eran llevados a un lugar de ojalateria. En muchas ocaciones estos vehiculos eran mas golpeados para reflejar mas danos para hacer el alegado accidente mas real y convincente. Las companias de seguros se  notificaban del alegado accidente, y los ajustadores inspeccionavan los vehiculos. 

       Los Jump-ins eran prometidos unos cuantos cientos de dolares por su participacion en el fraude que tipicamente se resolvia con su  compania de seguro por pagos que corrian de $1,500 hasta mas de $15,000. Los Jump-ins que usaban sus autos para esta trampa usualmente eran pagados de $500 hasta $1,500.  Si sus autos ya tenian danos, estos danos eran reparados por la compania de seguros. 

       “Esta clase de esquema de fraude de seguro resulto en millones de dolares en alto porciento de seguros que es pasado a duenos de autos honestos. Es especialmente penoso saber que oficiales de policias en quienes ponemos nuestra confianza esten envueltos en este tipo de raqueteo. Yo se que no son la representacion de tantos policias buenos y honrados en el condado.  Y yo felicito a este grupo de oficiales del departemento de policias de la ciudad de Nueva York, la industria de seguros y sus investigadores y mi oficina por su dedicado trabajo en este caso, dijo el fiscal Charles J. Hynes. 

       "Gracias a los esfuerzos de nuestra Unidad de Rentas Internas, tambien como la oficina de la fiscalia del condado de Brooklyn y de la Junta de Crimenes Nacionales de Seguros, hemos descubierto este fraude de seguros y lo hemos llevado un final, dijo el comicionado de la Policia Raymond Kelly, "Ningun miembro del departamento de la policia de Nueva York esta mas arriba de la ley, y estos oficiales estaran  sujetos a la misma fe como cualquier otro criminal en la prision." 

       Estos oficiales eran pagados  entre $20 a $100 por cada  reporte de accidente que preparaban. A veces el pago era de arregalar y limpiar los autos personales de estos oficiales. En uno de los casos se descubrio que al oficial de policia Lavin se le instalo en su auto gomas creativas para su auto personal como pago por sus servicios en preparar los reportes de accidente. Pagos tambien eran reflejados  sometiendole  a los oficiales prescripciones para “Vicodin” para  quitar el dolor y eran enviada al preciento o mientras los oficiales estaban sentados en el auto de patrulla.      

       Los policias afrontan cargos de conspiracion, malaconducta de parte de un oficial, fraude de seguros y hurto mayor. Los llamados Runners y Jump-ins afrontan cargos de fraude de seguros, hurto mayor y falsificacion de expedientes de negocios. Todas estas personas afrontan de 21/3 hasta 7 anos en prision si son encontrados culpables. 

Nos excusamos por no tener los acentos apropiados en la traduccion.

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062

STATEMENT BY KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES
10/28/02 – Sentencing of Judge Victor Barron
 

            “The defendant has disgraced himself and his public office, and has embarrassed his family and colleagues.  He has held up to question the integrity of hundreds of men and women who serve as judges throughout this State and here in Kings County with honor and dignity.  Nothing he can say can make amends for that outrage.  My hope is that today’s sentence, the stiffest ever given a sitting judge, will send a clear unmistakable message to anyone who, like this defendant, was granted the honor of public service and is tempted to defile it.” 

Contact:   Jerry Schmetterer
            
     (718) 250-2300

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063

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT OF DEA AGENT ON MANSLAUGHTER CHARGES IN SHOOTING OF DRUG SUSPECT 

            Brooklyn, November 1, 2002 – Kings County District Attorney Charles J. Hynes today announced the indictment of Drug Enforcement Agent Jude Tanella in the fatal shooting of a drug suspect he was attempting to arrest after a pursuit.  Tanella is being charged with one count of Manslaughter in the First Degree.  He faces up to 25 years in prison if convicted.   

            On May 1, 2002, Egbert Dewgard, a suspect in a joint DEA/NYPD investigation, was being pursued by members of the joint task force in several automobiles.  The lead pursuit car was driven by DEA Agent Tanella.  Agent Tanella was alone, and since his car was the only one equipped with lights and a siren, he ultimately distanced himself from his team members.  The pursuit of Dewgard ended at New York Avenue and Farragut Road when Dewgard exited his vehicle after a crash.  Agent Tanella left his vehicle, unholstered his service weapon, and ran after and tackled Dewgard.  A struggle ensued during which Mr. Dewgard was shot once.  He died later at Kings County Hospital. 

After an exhaustive investigation, a Kings County Grand Jury heard testimony from numerous witnesses, both civilian and DEA/ Police personnel, in a presentation that lasted over the course of two months.  At the conclusion, the Grand Jury returned a single count of Manslaughter in the First Degree.  

Contact:    Jerry Schmetterer
 
                  718-250-2300

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064

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES THE TAKEDOWN OF TWO DISABILITY SCAMMERS 

FORMER NYC TRANSIT AUTHORITY TRAIN CONDUCTOR INDICTED FOR FRAUDULENTLY COLLECTING WORKERS’ COMPENSATION DISABILITY WHILE WORKING IN FLORIDA AS A BUS DRIVER 

FORMER NYC SHOP TEACHER ARRESTED FOR RECEIVING COMPENSATION BENEFITS FOR ALLEGED INJURIES WHILE CONTINUING TO COLLECT MONEY FROM BOARD OF EDUCATION 

            Brooklyn, November 6, 2002 – Kings County District Attorney Charles J. Hynes, today, announced the indictment of former New York City Transit Conductor, Jose Solis, 49, for collecting disability compensation while illegally earning an extra income in Florida as a bus driver for the Metro Dade Transit Agency.  When hired in Florida, Solis allegedly signed an affidavit that he had not been earning an income since his injury in 1988, when he reportedly slipped and fell on a staircase, injuring his back and left leg.   

            This is the first time in Workers’ Compensation history that someone has been extradited from out of state. 

            In another case of disability fraud, William Perazzo, a former shop teacher at I.S. 561 in Staten Island was arrested for collecting disability payments while holding down a job as well.  He alleged on November 29, 1995, that he sustained injuries from slipping and falling next to a school water fountain.  He filed a claim for disability benefits with the New York City Board of Education and was classified as permanently disabled; he continued to receive benefits until August 31, 2001.  However, it is believed that his injuries do not exist.  Videotape surveillance shows him walking and dancing, apparently without disability. 

            In both cases, the defendants defrauded the system and cheated the city of New York out of thousands of dollars, claiming that their disabilities prevented them from being able to work.  However, both of these men took on other jobs, while continuing to collect their disability checks.

“These two former city workers stole more than a total of $350,000 by filing false disability claims.  This case is a matter of greed.  Our evidence will show that these defendants selfishly defrauded the system at taxpayers’ expense,” said District Attorney Hynes. 

            Solis, currently residing in Florida, was classified as permanently partially disabled by the New York State Workers Compensation Board (WCB) on January 9, 1992 when he was an eight-year employee with the NYCTA.  Since then, Solis received three affidavits asking him to report any earned income from the date of his injury to the date he responded to the affidavits.  The first one was sent to Solis in April 1999 and returned, signed and notarized on June 16, 1999.  This affidavit entitled Solis to cont