OFFICE OF PUBLIC INFORMATION
718.250.2300 / 718.250.2025 (after hours and weekends)

Jerry Schmetterer - Director -
Schmetj@brooklynda.org

Sandy Silverstein - Communications Associate - SilversS@brooklynda.org

Orlando Rivera - Communications Associate -RiveraO@brooklynda.org

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001

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

            Brooklyn, January 10, 2003 . .. Kings County District Attorney Charles J. Hynes announced today that he will seek a sentence of life without parole in the prosecution of Trevis Ragsdale, indicted for First Degree Murder and other charges involving the June 29, 2002, killing of Bobby K. Gibson, two days before Gibson was to testify as a witness in a trial involving a September 2001 Brooklyn murder. 

     Ragsdale, 18, formerly of 164 Vernon Avenue, Brooklyn, was charged in a five-count indictment with the intentional murder to prevent Gibson, 21, from testifying as a witness at another murder trial in Brooklyn. 

     "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-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 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 1° 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 2° 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.  

     Ragsdale was arraigned on September 19, 2002, and the 120 day period was to have elapsed on Friday, January 17, 2003.

     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.

 

     Ragsdale is accused of the following charges: Murder in the First Degree, Murder 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 Ragsdale, on June 29, 2002, intentionally caused the death of Gibson by shooting him with a handgun to prevent Gibson’s testimony at an ongoing murder trial in Brooklyn. Gibson died as a result of his wounds and injuries. The incident took place in the early morning hours of June 29, 2002, near 276 Throop Avenue in the Bedford-Stuyvesant section of Brooklyn.   

            Ragsdale is being held without bail, awaiting trial in Supreme Court, Kings County. The case is assigned to the Honorable Priscilla Hall of the Supreme Court, Kings County, and the next court date is January 16, 2003.  

            The case is being prosecuted by Deputy Bureau Chief Kyle Reeves and Senior Trial Assistant Douglas Appel of the Homicide Bureau. 

            A copy of the indictment is available.

Contact:  Jerry Schmetterer
                 
718-250-2300

002

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES ARRESTS FOR SUPER BOWL BETTING AS PART OF “OPERATION KINGS FLUSH” 

DISTRICT ATTORNEY HYNES CALLS FOR SUPPORT FROM SPORTS ORGANIZATIONS TO HELP THE CRACKDOWN ON ILLEGAL GAMBLING 

$4 BILLION BET ILLEGALLY ON SUPER BOWL NATIONWIDE 

                Brooklyn, January 26, 2003 --  Kings County District Attorney Charles J. Hynes today announced the arrests of nine individuals for participating in illegal gambling on this year’s Super Bowl.  Law enforcement officials estimate that illegal gambling generates as much as $15 billion a year in New York City alone and $100 billion nationally.  Approximately $4 billion is bet just on the Super Bowl nation-wide. 

Approximately $75 billion is bet illegally on football every year.  Estimates of between 75-80 million dollars is wagered in the legal sports books in Nevada on the Super Bowl. 

Every year, Super Bowl Sunday is the biggest betting day of the year.  It is the biggest day of the year for organized crime and their biggest source of cash to fund their other illicit activities. Organized crime’s presence, through bookmakers at high schools and on college campuses throughout the U.S., contributes to the number one adolescent gambling problem which is sports betting.  This year, among other arrests, the District Attorney’s Office raided an operation in Flushing, Queens, which was run by an Asian group.  It was found that on just one night last week, more than $300,000 was bet there.  They were caught in the act by the NYPD and Detective Investigators from the District Attorney’s Office.   Arrests were also made at six other locations.  

            District Attorney Hynes has called upon professional sports organizations including the NBA, NHL, NFL and Major League Baseball to more aggressively support law enforcement’s efforts in eliminating the sports betting business, especially those businesses run by organized crime.  In the past few years, these sports organizations appear reluctant to act.  “It is time that these sports organizations get more involved because illegal betting is a very serious matter which can result in detrimental repercussions.  This money that mob families make on Super Bowl Sunday will go toward funding their other illegal activities including drug trafficking, loan-sharking and prostitution.  It is the cash cow of organized crime,” said Hynes. 

            The investigation that led to these arrests is part of  “Operation Kings Flush,” a joint effort by the Kings County District Attorney’s Office and the NYPD’s Vice Enforcement Unit that has been successful for more than 10 years.  This operation is a continuing crackdown to disrupt illegal sports betting operations in Brooklyn, Manhattan, Staten Island, Queens and Connecticut.  

            The proliferation of office pools, pre-game publicity and other hype create open invitations to place bets on the single most promoted sporting event of the year.  Super Bowl pools, many of them illegal, are available at many blue and white-collar workplaces across Corporate America.  Many bettors see Super Bowl Sunday as a time to recoup money lost on the football season.   Men and women are tempted to join the exciting lure of Super Bowl Fever.  It has become somewhat of a national epidemic.   

            Investigators have found this phenomenon of Super Bowl betting is getting out of hand.  Americans can bet on anything during Super Bowl week from which player is going to score the first touchdown to which team will win the coin flip.  Bookies have lines on every imaginable element of the game.  Bettors get a rush from making these bets, and bookmakers are capitalizing on this addiction.   

            The District Attorney thanked the NYC Vice Enforcement Unit under the supervision of Inspector Michael Brooks and Captain Louis Lombardi of Brooklyn South Vice. 

            Among those people arrested as part of “Operation Kings Flush” were: 

a.      Vincent Cona -       1308 Avenue T
                                  Brooklyn
 

b.      Donald Borst -       401 76th Street
                                  Brooklyn
 

                                    c.  Richard Aiosa -       8746 15th Avenue
                        
                                           
         
          Brooklyn 

                                    d.  Anthony Micela-    1248 79th Street
                                                                            Brooklyn 

                                    e.  Craig Kasen -          1964 E. 12th Street
                                                                            Brooklyn
 

                                    f.  Adam Kasen -            1964 E. 12th Street
                                                                             Brooklyn
 

                                    g.  Frank Adamo -        1950 Bay Ridge Parkway
                                                                            
  Brooklyn 

                                    h.  Wing Yeun Pang -   72-58 51st Drive
                                                                              Queens
 

i.       Jian T. Li -                           134-57th Avenue
                                 
   Basement Apartment
                                    Queens  
 

            All of these defendants are charged with Promoting Gambling in the First Degree and Possession of Gambling Records in the First Degree.  Other charges range from Promoting Gambling in the Second Degree and Possession of Gambling Records in the Second Degree to Conspiracy in the Fifth Degree, Criminal Possession of a Weapon and Criminal Possession of Marijuana.   

Executive Assistant District Attorney Christopher Blank and Assistant District Attorney James Kilduff of the Rackets Bureau will prosecute the case.  First Deputy District Attorney Michael Vecchione heads up the Rackets Division.  Joseph Ponzi is Chief of the Detective Investigations Bureau.  Henry Lemmons is the Assistant Chief Investigator of the Special Investigations Unit. 

Contact:   Sandy Silverstein
            
     718-250-2300

 

 

003
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES AND POLICE COMMISSIONER RAYMOND W. KELLY ANNOUNCE CONSPIRACY INDICTMENT IN TAKEDOWN OF MAJOR DRUG RING AT OCEAN TOWERS HOUSING COMPLEX IN CONEY ISLAND 

COMMUNITY LEADERS GATHER TO THANK DISTRICT ATTORNEY AND POLICE COMMISSIONER 

INDICTMENT INCLUDES TOP CONEY ISLAND DEALER, SECURITY GUARD AND TEACHER’S AIDE 

            Brooklyn, February 6, 2003 – Kings County District Attorney Charles J. Hynes and NYC Police Commissioner Raymond W. Kelly today announced the indictment of 27 members of a major drug ring operating in the Ocean Towers Housing Complex in Coney Island.  Community leaders and residents showed their appreciation for Hynes’ and Kelly’s efforts in ridding the apartment building of its drug problem, and thanked them for making this neighborhood a safer place in which to live. 

            “Operation Twister” was a major undercover investigation into an illegal drug trafficking ring in Coney Island.  The members of this organization sold drugs in front of Ocean Towers in shifts, bringing in approximately $2.5 million per year.  Product packaging was the group’s calling card.  Members of the organization usually sold cocaine in plastic twists, an unusual form of packaging for the Coney Island area.  

            The organization completely controlled the inside and outside of this private housing development.  Even one of the building’s security guards was involved in the sales.  Community residents lived in fear and were afraid to speak out publicly about the growing drug problem in their neighborhood.  Finally, police began receiving discrete phone calls from building managers and tenants about the festering situation in and around Ocean Towers.  The New York City Police Department and the Kings County District Attorney’s Office responded by launching this investigation. 

            Over the course of the 18-month investigation, undercover officers made 81 purchases of cocaine and bought five guns from the organization.  Most of the buys were captured on videotape.  The case was taken down in late January.  Among those arrests were Warren Faison, 35, the main supplier of crack to all of Coney Island; James Opharrow, 24, a teachers aide and one of the major suppliers of cocaine to the housing complex; and James Murray, 39, a security guard who supervised the night shift at Ocean Towers and also sold cocaine. 

            District Attorney Hynes recognized the efforts of the NYPD’s Brooklyn South Narcotics Division for their role in this successful bust. In addition, the Detective Investigators from the Kings County District Attorney’s Office were praised for their role in making this bust a success.  DA Hynes specifically thanked Detective Investigators including the Supervisor in Charge, Joe Cimino as well as Detective Investigators Clyde Augustine, Stephanie Green-Jones, Helson Santiago, Robert Desmond, Thomas Ramirez, Sal Shevlin and Christopher Perkins.  Joseph Ponzi is the Chief Investigator. 

            Kings County District Attorney Charles J. Hynes said, “Our goal is to make sure that the neighborhoods are safe.  Not only is it a problem that drugs were being circulated in the neighborhood, but this narcotics trafficking could lead to other problems.  Crime, violence, and drugs go hand in hand.  The community’s involvement in these arrests played an instrumental role in getting these drug gangs off the streets.  The residents’ cooperation in alerting law enforcement officials of the drug problem in their housing complex made our investigation much easier, allowing us to help them.” 

                Police Commissioner Raymond W. Kelly said: “This case demonstrates how the community and the police department can work together to get dealers of illegal narcotics off the street. By telling us about the growing drug trade near their homes, the residents of Ocean Towers took the first, critical step in taking back their own community. We encourage every New Yorker to follow their example: If you witness illegal drug deals, report them to police and help make the city an even safer place to live.” 

            This takedown resembles the Cypress Hills takedown that took place last September in which five gangs were nabbed after an undercover investigation found that they were trafficking a large amount of narcotics in this public housing complex, while intimidating residents, who were scared to leave their homes.   In both cases, the DA pursued a strategy of charging a conspiracy which brought higher bails and potentially longer jail sentences.  DA Hynes and Police Commissioner Kelly initiated that probe, in which undercover investigators made purchases of large amounts of crack, cocaine, marijuana and heroin at 28 different locations. All but one of those suspects remain behind bars on high bails. 

            Assemblywoman Adele Cohen of the 46th Assembly District said, “I congratulate those Ocean Tower residents who had the courage not to be intimidated and came forward to assist in ridding their building of drug dealers.  These good people deserve to live quietly and safely.  I pledge to work with District Attorney Hynes, the police and the tenant association to continue to keep this building safe.” 

            All but two of those indicted face conspiracy charges and face 25 years to life in prison.  Some of the defendants face additional charges as well. 

            Assistant District Attorneys Lawrence Oh, Joe Swart and Alexei Grosshtern of the Major Narcotics Investigation Bureau are prosecuting this case.  Suzanne Corhan and Harvey Casper are Chiefs of the Major Narcotics Bureau. 

Contact:    Sandy Silverstein
                        (718) 250-2300

004
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT OF GUNMAN WHO ATTEMPTED TO SHOOT BAR EMPLOYEE 

OFF-DUTY COPS DISARMED GUN-WEILDING PATRON INSIDE OF LILY’S PUBLIC HOUSE IN BAY RIDGE 

            Brooklyn, February 5, 2003 – Kings County District Attorney Charles J. Hynes today announced the indictment of Wayne P. Braga, 32, who lives at 135 Ontario Avenue in Staten Island, for attempting to shoot two bar employees on January 19th  -- one inside of Lily’s Public House, a bar on Third Avenue in Bay Ridge, and one outside the bar.  Braga faces two counts of Attempted Murder in the Second Degree.  

            The incident began at 3:00 AM as bar employees received complaints from several women that Braga was urinating in the sink of the women’s restroom.  Bouncer Jason Pawlak, 27, approached Braga and asked him to leave.  Braga refused, and then, Pawlak and another employee had to escort the defendant outside as he struggled with them.  Outside the bar, Braga aimed his gun at employee Joseph Fiore’s head, but the gun misfired.  The defendant forced his way back into the bar, pointed his gun in the direction of Pawlak, and pulled the trigger, but the pistol did not go off.  Braga was then tackled by off-duty police officer, John Brennan of the 60th Precinct, who was in the bar with a couple of other off-duty officers. – Eric Castagliola, and Philip Roy, all of them unarmed and from the 60th Precinct.  Brennan was hit in the head with the gun during the struggle.  Then, Officer Brennan, along with Officers Eric Castagliola and Philip Roy, chased Braga who ran out of the bar and proceeded to another bar a few blocks away, where the officers caught up with him.  Several uniformed police officers from the 68th Precinct arrived on the scene and arrested Braga.  A loaded .45 caliber gun was recovered. 

            In addition to the two counts of Attempted Murder in the Second Degree, Braga was also indicted on charges of Attempted Assault in the First and Second Degrees, Assault in the Second and Third Degree, Criminal Possession of a Weapon in the Second, Third and Fourth Degrees, Reckless Endangerment in the First and Second Degrees, and Menacing in the Second Degree.  Braga is free on $50,000 bail, and scheduled to be arraigned on the indictment on February 11th.  If convicted of the top charge, Braga can face a maximum of 25 years in prison.  Executive Assistant District Attorney Jeffrey Levitt is prosecuting this case.


Contact:  
Sandy Silverstein
                       (718) 250-2300

 

 

005
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES THE CONVICTION OF JUNIOR HIGH SCHOOL TEACHER WHO EXPOSED HIMSELF TO A STUDENT 

            Brooklyn, February 11, 2003 --  Kings County District Attorney Charles J. Hynes today announced the conviction of Michael Ostrow, 26, a junior high school social studies teacher, for exposing his penis to a 15-year old female student in his class.  A jury found Ostrow guilty on charges of Public Lewdness and Endangering the Welfare of a Child, both misdemeanor charges.  He faces up to one year in prison.

            The original incident took place one afternoon in February 2002, when the student was working on a class project during one of her periods in Ostrow’s classroom at IS 390 in Crown Heights.  The student was with another classmate working on computers in the classroom.  After a while, the classmate left, and Ostrow approached the young girl while they were alone, and exposed himself to her.  He also told her about how he masturbates while thinking of her.  Ostrow apologized afterward.  The student did not alert anyone of this incident. 

            Then, on June 26, 2002, the last day of classes, Ostrow once again approached the student, gave her a hug, and licked her face.  In response, the student alerted the school principal.  The principal immediately filed a police report, which initiated an investigation.  Ostrow was arrested on July 23rd, 2002 by Detective Charles Hawkins of the Special Victims Unit. 

            The trial lasted approximately one week.  The young girl testified against her teacher.  A jury reached a verdict yesterday, convicting Ostrow on charges of Public Lewdness and Endangering the Welfare of a Child.  The sentencing will take place on April 2 before Judge Chun in Trial Part 2, Criminal Court. 

            The case was prosecuted by Assistant District Attorney Timothy Church of the Sex Crimes/Special Victims Bureau and Assistant District Attorney Terrance Downs.  Rhonnie Jaus is the Deputy District Attorney in charge of the Sex Crimes/Special Victims Bureau.   

Contact:    Sandy Silverstein
           
       (718) 250-2300

 

 

 

006
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES CONVICTION OF DISBARRED LAWYER FRANK GANGEMI FOR GRAND LARCENY 

GANGEMI BILKED CLIENTS OUT OF $2 MILLION 

            Brooklyn, February 14, 2003 – Kings County District Attorney Charles J. Hynes today announced the conviction of Frank Gangemi, 39, a disbarred Bay Ridge lawyer, for scamming 20 elderly victims out of their life savings.  Gangemi pled guilty to nine counts of Grand Larceny in the Second Degree and eight counts of Grand Larceny in the Third Degree before Judge Neil Firetog in Part 10 of the Kings County Supreme Court. 

Gangemi is ordered to repay his victims.  They may also receive reimbursement from the Lawyer's Fund for Client Protection.

            Gangemi swindled his clients out of $2 million by using various schemes including forgery, check fraud, and mortgage and investment scams.  He promised his clients that he would invest or appropriate their money.  Gangemi even stole $600,000 from a 90-year old man when he cashed his life-insurance policy, sold his Miami Beach apartment, and stole from his bank account.  In another case, Gangemi wrote a bad check to a client following a $150,000 settlement. 

            An investigation was initiated in 2001 when two unrelated victims brought separate complaints to the District Attorney’s Office.  It was found that Gangemi, who worked for his father’s law firm, had started this scheme in 1998.  Gangemi was arrested on March 20, 2002, and forced to resign from the Bar.   

            District Attorney Hynes said, “It is unconscionable that this attorney would take advantage of these innocent, trusting people who put their savings in his hands.  Today, justice has been served.  Mr. Gangemi found out that you can not dupe people out of their money and get away with it.” 

            Gangemi’s sentencing is scheduled for March 7th.  The judge promised the sentence of 5 to 15 on the C felonies and 2-6 on the D felonies to run concurrent.  In addition,  the judge promised to sentence the defendant to a concurrent sentence for any witness tampering charges that may arise out of this investigation. 

            Assistant District Attorney Patricia McNeill, Deputy Bureau Chief of the Rackets Division prosecuted this case under the supervision of Deputy District Attorney Melissa Jackson.  Michael Vecchione is Chief of the Rackets Bureau.

Contact:    Sandy Silverstein
                        (718) 250-2300



007
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES CONVICTION OF BROOKLYN FELON FOR RAPE

DEFENDANT WAS IDENTIFIED VIA DNA MATCH
 

            Brooklyn, February 19, 2003 --  Kings County District Attorney Charles J. Hynes today announced the conviction of Kevin Smith, 38, for raping a teenaged girl in 1996 in the Crown Heights section of Brooklyn.  Smith was convicted on February 18th by a jury of Rape in the First Degree, Sexual Abuse in the First Degree and Attempted Robbery in the First Degree in part 27 of the Kings County Criminal Court before Judge Gustin L. Reichbach.  Smith could face a minimum of 20 years to life in prison and a maximum of 25 years to life on each count.  The sentencing is scheduled for March 3rd.  

            The incident took place on October 11, 1996 when the defendant, who is a mandatory violent felony offender approached the girl, who was 16 years old at the time, and asked her for her money and jewelry.  The victim did not have any money or jewelry so Smith raped her in the lobby of her apartment building located at 951 Carroll Street.    

            Smith has a prior record for robbery convictions.  Police say that the defendant is known for wearing a bandana on his face during his robberies.  Smith was wearing a bandana on his face at the time of this rape, which made it even more difficult for the victim to identify her assailant.  Since the victim was unable to identify Smith, the police turned to the DNA databank, and tested all the rape kits.  Smith became a DNA match, and police arrested him on March 18, 2002 at his parole office.  Smith was on parole for robbery at the time of the arrest.   

            Kings County District Attorney Charles J. Hynes said, “When a victim is unable to identify his or her assailant, it makes it more difficult for law enforcement officials to catch the suspect.  But with all of these developments such as the DNA databank and emerging technology, it makes our jobs a lot easier in bringing down these criminals.” 

            This case was prosecuted by Assistant District Attorney Deborah Cohen of the Sex Crimes/Special Victims Bureau.  Deputy District Attorney Rhonnie Jaus is Executive Chief of the Sex Crimes/Special Victims Unit.   

Contact:    Sandy Silverstein
            
       718-250-2300

 

 

008
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT OF HIT-RUN DRIVER WHO KILLED TWO TEENAGE MOTHERS AND AN 11-MONTH OLD BOY IN A STROLLER 

JOHN ZAPPULLA ARRAIGNED AT BELLEVUE HOSPITAL 

            Brooklyn, February 26, 2003 – Kings County District Attorney Charles J. Hynes today announced the indictment of John Zappulla, 25, of Wantagh, NY, on three counts of Murder in the Second Degree, Manslaughter, Vehicular Manslaughter and other charges, in the hit and run deaths of two mothers and one of their infants for crashing into them as the mothers were pushing their young sons in strollers across the street.  

            Zappulla was ordered remanded at a bedside arraignment at Bellevue Hospital.  His next court appearance is April 8 before Judge Vincent Del Giudice.  

The murders occurred Wednesday, February 5th at approximately 2:30 p.m. when Yaritza Santos, 19, and her 11-month old son Manuel Noriega Villot were run down as they were standing on the pedestrian median at Atlantic Avenue with Nery Mejia, 17, who was also killed.  But, her 11-month old son, Ricky, survived and was taken to New York-Presbyterian Hospital.  

            The indictment charges that Zappulla was allegedly speeding in a black 1998 Jeep Grand Cherokee when he jumped the curb at Ashford Street and Atlantic Avenue in East New York and smashed into a light pole.  He then sped east on Atlantic Avenue, and went up on the center median at Logan Street where he hit the two women and their children.  He never slowed down, but his SUV finally came to a halt about nine blocks later at Nichols Avenue, after it flipped over several times and smashed into the back of a flatbed truck.  Several onlookers helped Zappulla get out of his wrecked SUV.  Witnesses detained the injured Zappulla until police arrived. But, Zappulla resisted the officers who tried to arrest him.  

            Zappulla had multiple speeding convictions in the past and his license was temporarily suspended in 1998. 

            Zappulla has been indicted on charges of three counts of Murder in the Second Degree; three counts of Manslaughter in the Second Degree; three counts of Vehicular Manslaughter in the Second Degree; three counts of Criminally Negligent Homicide; and one count each of Reckless Endangerment in the First and Second Degrees; Assault in the First Degree; Assault in the Second Degree; Vehicular Assault in the Second Degree; Reckless Driving; Operating a Motor Vehicle While Impaired by the Use of Drugs; Disobeying Traffic Signals; Driving over a Divided and Controlled Access Highway; Leaving the Scene of an Accident Without Reporting; and Violation of Section 1180, Maximum Speed Limits of the Vehicle and Traffic Law.  If convicted on the top counts, he faces 25 years to life  in prison. 

            Deputy District Attorney Joseph Petrosino and Executive Assistant District Attorney Maureen McCormick are prosecuting this case.

 

Contact:   Sandy Silverstein
                       (718) 250-2300

009
INNOVATIVE DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAM REDUCES CRIME, PRISON COSTS CASA* EVALUATION FINDS LOWER RECIDIVISM, HIGHER EMPLOYMENT RATES

AT HALF THE COST OF INCARCERATION 

WASHINGTON, D.C. – Drug-addicted, non-violent felony offenders with five prior drug arrests and an average of four years behind bars achieved significantly lower recidivism rates and higher employment rates through a drug treatment program than comparable offenders who were sent to prison, according to findings published in the White Paper, Crossing the Bridge: An Evaluation of the Drug Treatment Alternative-to-Prison (DTAP) Program, released today by The National Center on Addiction and Substance Abuse (CASA) at Columbia University. These results were achieved at about half the cost of incarceration, the CASA evaluation found. The five-year evaluation was funded by the National Institute on Drug Abuse. 

“This DTAP program demonstrates that we don’t have to throw away the key for repeat drug addicted offenders, even those who sell drugs to support their habit.  Prosecutors can help repeat felony offenders become responsible citizens if they combine treatment and vocational training with the certainty of punishment for noncompliance,” says Joseph A. Califano, Jr., CASA president and former U.S. Secretary of Health, Education and Welfare. “In this time of burgeoning prison populations and shrinking federal and state budgets, every prosecutor in the nation can follow the lead of Brooklyn District Attorney Charles J. Hynes and try this program. DTAP offers prosecutors the same kind of effective alternative to incarceration that drug courts offer judges.” 

The DTAP program provides 15 to 24 months of residential drug treatment, vocational training, and social and mental health services to drug-addicted, nonviolent repeat offenders who face mandatory punishment under New York State’s second felony offender law.  Participants are abusers of heroin, crack and powder cocaine among other substances.  They plead guilty to a felony, thereby ensuring a mandatory prison sentence if they abscond from the program. Sentencing is deferred upon program participation; if participants complete the program, their guilty plea is withdrawn and the charges dismissed. 

The five-year CASA evaluation found that participants who completed the program and graduated were 33 percent less likely to be rearrested, 45 percent less likely to be reconvicted, and 87 percent less likely to return to prison, than the comparable prison group.   

DTAP graduates were three and one-half times more likely to be employed after graduation than before their arrest.  Before their arrest, 26 percent were working either part-time or full-time.  Following successful completion of the program, 92 percent had found employment.  

DTAP participants remain in treatment six times longer than individuals in other long-term residential treatment  (a median of 17.8 months compared to three months). Retention rates are important because the longer an individual stays in treatment, the greater their chance of maintaining sobriety. “This program in which failure is a one-way ticket to prison shows the effectiveness of coerced treatment,” says Califano. 

These results are achieved at about half the cost of incarceration.  The average cost for each DTAP participant of residential drug treatment, vocational training and support services was $32,975 compared to an average cost of  $64,338 for the time spent in prison for DTAP participants who dropped out.1  

DTAP was developed in 1990 by Brooklyn District Attorney Charles J. Hynes in response to the number of drug-addicted offenders in Kings County.  The 1998 CASA report Behind Bars: Substance Abuse and America’s Prison Population revealed that 80 percent of the men and women behind bars in the U.S. were seriously involved with drugs and alcohol.  That year, states spent nearly $30 billion on the adult corrections system, $24.1 billion of which was spent on substance-involved offenders making substance abuse the number one contributor to crime in America. 

“With the advent of this innovative and effective program, Charles J. Hynes sets an example for prosecutors nationwide,” says Califano.  “Fifteen prosecutors in New York State have already replicated DTAP. I encourage every prosecutor in the country to try it to reduce crime, the cost of incarceration and budget deficits.”

The National Center on Addiction and Substance Abuse at Columbia University is the only national organization that brings together under one roof all the professional disciplines needed to study and combat all types of substance abuse as they affect all aspects of society. CASA’s missions are to: inform Americans of the economic and social costs of substance abuse and its impact on their lives; assess what works in prevention, treatment and law enforcement; encourage every individual and institution to take responsibility to combat substance abuse and addiction; provide those on the front lines with the tools they need to succeed; and remove the stigma of substance abuse and replace shame and despair with hope. With a staff of more than 70 professionals, CASA has demonstration projects in 60 sites in 32 cities and 21 states focused on children, families and schools, and has been testing the effectiveness of drug and alcohol treatment, monitoring 15,000 individuals and more than 200 programs and five drug courts in 26 states.



 * The National Center on Addiction and Substance Abuse at Columbia University is neither affiliated with, nor                                 sponsored by, the National Court Appointed Special Advocate Association (also known as "CASA") or any of its member organizations, or any other organization with the name of "CASA".

1 These estimates are based on 1996 dollars (at the time of analysis, the most recent year for which sufficient data were available) adjusted for inflation based on the consumer price index published by the U.S. Bureau of Labor Statistics.

 

010
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES HONORS GRADUATES OF BROOKLYN DRUG TREATMENT ALTERNATIVE-TO-PRISON (DTAP) PROGRAM
 

JOSEPH CALIFANO, JR. DELIVERS KEYNOTE ADDRESS TO 49 MEMBERS OF THE GRADUATING CLASS 

Brooklyn, March 12, 2003 – Kings County District Attorney Charles J. Hynes today honored 49 graduates of his Drug Treatment Alternative-to-Prison (DTAP) program in the ceremonial courtroom of Borough Hall in Downtown Brooklyn.  Joseph A. Califano, Jr., President and Chairman of the National Center on Addiction and Substance Abuse (CASA) at Columbia University and former U.S. Secretary of Health, Education and Welfare, delivered the keynote address.  CASA is in the process of a federally-funded evaluation of DTAP, and announced its analysis based on five years of research on March 11, 2003, in Washington, D.C. 

                District Attorney Hynes created DTAP in 1990.  This diversion program, which is recognized as one of the nation’s most successful, provides residential drug treatment to non-violent repeat drug-addicted offenders under a deferred-sentencing model.  Participants are required to plead guilty to a felony prior to their admission into the program.  The plea agreement contains a prison term, which will be imposed on the defendant in the event of treatment failure.  Length of treatment is usually about 24 months.  DTAP, which is now in its 13th year of operation, has substantially lowered the recividism rates of its graduates, while at the same time, generating enormous cost savings to New York State.  Over 650 participants have completed treatment, and this diversion has resulted in over $25.2 million in economic benefits.  Counsel to the District Attorney, Anne J. Swern is the Director of DTAP. 

            District Attorney Hynes said,  “I agree with the critics of the Rockefeller drug laws that it makes no sense to simply warehouse non-violent substance abusers in state prisons.  But rather than relaxing the prohibitions against drugs, the penalties against their use can serve the constructive role of encouraging addicts to opt for treatment.  DTAP gives non-violent offenders an opportunity to change their lives of addiction and crime into lives of hope and promise.” 

            Of the 49 graduates this year, 92% are men and 8% are women.  Their average age is 38; the oldest graduate is 62, and the youngest is 21.  Although some graduates are unemployed for various reasons, including physical disabilities, 37 graduates are employed.  Their jobs are varied and include truck driving, building maintenance work, warehouse work, electrical work, carpentry, cooking, furniture sales, machine and auto mechanic work, messenger service work, providing direct care for the disabled, counseling, housekeeping, and customer service.  The majority of the class lives in Brooklyn, but there are graduates living in the other four New York City boroughs as well. 

      Joseph A. Califano Jr. said, “This DTAP program demonstrates that we don't have to throw away the key for repeat drug addicted offenders, even those who sell drugs to support their habit.  Prosecutors can help repeat felony offenders become responsible citizens if they combine treatment and vocational training with the certainty of punishment for noncompliance.  In this time of burgeoning prison populations and shrinking federal and state budgets, every prosecutor in the nation can follow the lead of Brooklyn District Attorney Charles J. Hynes and use this program to reduce crime, the cost of incarceration and budget deficits.” 

            On March 11th, Joseph Califano Jr. praised District Attorney Hynes as he announced the results of CASA’s five-year evaluation of the Brooklyn DTAP program at the National Press Club in Washington D.C.  As a result of CASA’s research, it was found that participants in the DTAP program were 87 percent less likely to return to prison than comparable offenders who were sent to prison.  Also, upon successful completion of the program, 92 percent of the graduates had found employment.  

            These DTAP graduates received treatment at a number of residential therapeutic communities, including Daytop Village, Phoenix House, Samaritan Village, Odyssey House, Veritas, Aurora Concept, Narco Freedom, El Regresso, Damon House, J-Cap, and Serendipity. 

            Following Califano’s keynote address, the graduation ceremony will take place, followed by a reception.  Some graduates will be available for comment, to tell their stories of recovery.  Among them are Doris Simmons and Carlos Alvarez.

            Doris Simmons left Florida at the age of 16, where she was raised by her protective great-grandmother, and came to Brooklyn seeking a more exciting life.  She started drinking and smoking marijuana.  Soon, she was using cocaine and crack, and supporting her habit by selling drugs.  Following her second felony drug arrest, Doris was offered DTAP and entered drug treatment at Damon House in May, 2001.  During her many months of treatment, she struggled to understand and address her addiction.  She also received vocational training in nursing and healthcare.  For the first time in her life, Doris, a 44-year-old grandmother, now holds a regular job, working 40 hours per week as a direct care provider for disabled children.   

            Now almost 28 years old, Carlos Alvarez, a native of Brooklyn, was just a teenager when he started smoking “wulahs” (marijuana combined with crack), skipping school, and dealing drugs.  Eventually, he switched from smoking crack to sniffing cocaine.  He spent several years

in prison for two felony drug convictions.  In 1999, he was arrested for selling heroin in Bushwick.  Facing felony drug charges yet again and recognizing that he needed to tackle his drug addiction if he was ever going to reclaim his life, Carlos, through DTAP, began a long

period of residential drug treatment at Veritas.  While there, he got his GED and a certificate in telecommunications.  Clean and sober for over two and a half years, Carlos now works as a technician for a cable and voice telephone installation company in lower Manhattan, and lives in Queens with his fiancee.  

Contact:    Sandy Silverstein
            
       718-250-2300

 

011
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES CLOSES INVESTIGATION OF ANTHONY REID SHOOTING
 

          Brooklyn, March 14, 2003 – Kings County District Attorney Charles J. Hynes announced today the closing of an investigation involving the fatal shooting of Anthony Reid, by three New York City police officers from the 73rd Precinct.   

 “An extensive investigation into the shooting death of Anthony Reid by New York City police officers, Ernest Kenner, Michael Losco and Carlos Santana reveals that it 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 shortly after midnight on January 1, 2003, when Police Officers Ernest Kenner, Michael Losco and Carlos Santana responded to a report of shots being fired outside of a Brownsville social club.  When they arrived at 92 Livonia Avenue, they observed Anthony Reid firing a 9mm handgun. Witnesses indicate that Reid had been involved in an earlier disturbance at the social club and left threatening to return with a firearm.  He was observed by a number of patrons returning a short time later armed with a handgun when he began shooting. 

            After interviewing numerous witnesses, the investigation concluded that Reid ignored the officers command to drop the weapon and he began to run away from the officers firing back in their direction.  The three officers were between Reid and some civilian bystanders.  Two civilians standing behind the officers were struck and wounded by gunfire coming from Reid, which missed the officers and struck them.  All three officers discharged their weapons and shot Reid, causing his death.

012
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES RECEIVES CELL PHONE DONATIONS FROM ASSEMBLYWOMAN JOAN MILLMAN TO AID DOMESTIC VIOLENCE VICTIMS

WHO:             Kings County District Attorney Charles J. Hynes; Assemblywoman Joan L. Millman of the 52nd Assembly District 

WHAT:           Kings County District Attorney Charles J. Hynes will be presented with cell phone donations from Assemblywoman Joan L. Millman to assist victims of Domestic Violence.  Assemblywoman Millman collected these phones from constituents in her district.  These phones will be programmed to dial 911 automatically, and will be distributed to victims of domestic violence to provide them with immediate access to the police. 

WHERE:        Kings County District Attorney’s Office
                       
350 Jay Street
                       
19th Floor
                       
Brooklyn, NY 

WHEN:           Thursday, March 27, 2003 at 3:00 PM 

                         718-250-2300

 

013
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES DECISION REGARDING DEATH PENALTY IN FIRST DEGREE MURDER CASE

            March 26, 2003 . . . Kings County District Attorney Charles J. Hynes announced today that he will seek a sentence of life without parole in the prosecution of Antoine Belton, who was indicted for First Degree Murder and other charges relating to the death of Jian Chun Lin on October 15, 2002, in the East New York section of Brooklyn. 

     Belton, 22, formerly of 210 Newport Street, Brooklyn, is charged in a twelve-count indictment with the attempted robbery and intentional murder of Jian Chun Lin, 37, on October 15, 2002. Belton is also charged with second degree murder, attempted 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 seventieth 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 eighty-five 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, but his sentence was remanded and he was sentenced to life without parole after 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. Belton was arraigned on November 26, 2002; the 120-day period elapsed on March 25, 2003.  

     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. 

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

     The indictment charges that on October 15, 2002, Belton, together with Ernest Carroway, 16, and Shaniqua Brown, 19, attempted to rob Lin, a deliveryman. During the attempt, Belton intentionally caused the death of Lin by shooting him with a handgun; Lin died as a result of his wounds and injuries. Brown and Carroway are charged in the same indictment with Murder in the Second Degree and other related charges. The incident took place during the early evening hours of October 15, 2002, in the lobby of 2069 Union Street in the East New York section of Brooklyn.   

             Belton is being held without bail, awaiting trial in Supreme Court, Kings County. The case is assigned to the Honorable Justice James Starkey of the Supreme Court; the next court date is March 27, 2003.

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

            A copy of the indictment is available.

 Contact:  Sandy Silverstein
           
     718-250-2300

014
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES CONVICTION OF DRUNK DRIVER
FOR MANSLAUGHTER

                 Brooklyn, March 26, 2003 – Kings County District Attorney Charles J. Hynes today announced the conviction of Perry Oneil, 40, on charges of two counts each of Manslaughter in the Second Degree, Vehicular Manslaughter in the Second Degree and Criminally Negligent Homicide for driving while intoxicated, killing two passengers in his car and injuring another.  

            On April 7, 2002, Oneil left his job at Tom’s Hotel in Soho and acting as the designated driver, drove his girlfriend, Lina Chen and two friends to a club in Manhattan called Centro Fly.  Then, Oneil left the club and at approximately 5:59 AM, he drove Chen, Christian Olin and Olin’s girlfriend, Amber Gillespie in Olin’s white 1991 Infinity across the Manhattan Bridge at a rate of 70 miles per hour in a 30 mile per hour zone.  He continued onto the Flatbush Avenue Extension of the Manhattan Bridge, drove through a red traffic signal at Concord Avenue and crashed into the Veterans Administration Building and the surrounding scaffolding at 25 Chapel Street.  As a result of this crash, Chen died later that day at Bellevue Hospital.  Amber Gillespie died 13 days later at Long Island College Hospital.  Both women were 27 years old.  Olin suffered several injuries, but survived.  

            Oneil, who has no prior convictions, had a blood alcohol content of .08 when tested three hours after the crash.  But, during trial, a toxicologist testified that at the time of the incident, the defendant’s blood alcohol level would have been between .12 and .14.   The trial lasted approximately two weeks.   

            Perry Oneil is also convicted of Assault in the Third Degree, Driving While Under the Influence, Reckless Endangerment, Reckless Driving, Speeding and Running a Red Light.  The defendant faces a maximum of five to fifteen years in prison.  The sentencing will take place on April 23rd before Judge Michael Brennan in Part 23 of Kings County Criminal Court.  The case was prosecuted by Executive Assistant District Attorney Jeffrey Levitt.   

Contact:   Sandy Silverstein
           
      718-250-2300

015

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES THE INDICTMENT OF CHURCH BOOKKEEPER FOR EMBEZZLING OVER $90,000 

DEFENDANT MISLED CHURCH OFFICIALS WHO THOUGHT SHE WAS USING THE MONEY FOR THE BUILDING OF A NEW CHURCH 

            Brooklyn, April 4, 2003 --  Kings County District Attorney Charles J. Hynes today announced the indictment of Michelle Hill, 41, for embezzling over $90,000 from the Genesis Community Baptist Church where she volunteered as a bookkeeper.  Hill, a resident of Valley Stream, had been volunteering at the church until 2000, where her duties included overseeing a fund slated for the building of a new church.  She is charged with drafting several checks from the church’s bank account to herself, and depositing the money into her own bank account.  It is charged that Hill was embezzling money from the church for at least four years. 

            After discovering the missing money, church officials reported these allegations to the Kings County District Attorney’s Office. 

            Hill surrendered to the District Attorney’s Office with her attorney Richard M. Gutierrez on April 3rd.  She is charged with Grand Larceny in the Second Degree and eight counts of Grand Larceny in the Fourth Degree.  If convicted, Hill faces up to 15 years in jail.  Following arraignment, she was held on $1500 bail.  Hill was arraigned before Judge Guy J. Mangano.  The next court date is scheduled for April 17th.  

            Hill is currently employed by the New York City Department of Education as a substitute teacher assigned to Brooklyn. 

            This case is being prosecuted by Assistant District Attorney Joseph A. DiBenedetto of the Rackets Division.

Contact:   Sandy Silverstein
            
      718-250-2300

016
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES CLOSES INVESTIGATION OF THE JANUARY 2, 2003 SHOOTING
OF JOHN LAGATTUTA BY NYPD 

            Brooklyn, April 11, 2003 – Kings County District Attorney Charles J. Hynes announced today the closing of an investigation involving the fatal shooting of John Lagattuta, 35, by a New York City Police Officer following a car chase through the streets of south Brooklyn.  

            “Although the death of Mr. Lagattuta is a tragedy, based on the investigation by this office, the shooting by New York City Police Officer John Brennan was accidental,” said District Attorney Hynes. 

            The incident occurred on January 2, 2003 when Brennan, who was in uniform and in a marked police vehicle, attempted to apprehend Lagattuta, who was driving a stolen mini-van.  Lagattuta led Officer John Brennan and other officers on a chase through the streets of Bensonhurst, going through traffic lights, hitting other cars, driving on sidewalks, and nearly striking several civilians before he was forced to stop in heavy traffic on 86th Street and Bay Parkway. 

            With Brennan and other police officers surrounding him and ordering him out of his vehicle, Lagattuta drove directly at the officers in an attempt to evade capture.  It was while Officer Brennan was struggling to avoid being struck by Lagattuta’s vehicle that his gun accidentally discharged one shot, hitting the suspect in the back.  Lagattuta was pronounced dead that evening at Victory Memorial Hospital.   

            The investigation concluded that Brennan’s actions in pursuing Lagattuta, his efforts to apprehend him, and the manner in which he drew and displayed his firearm were reasonable and prudent under the circumstances, and that there is no evidence of recklessness or negligence that resulted in the fatal shot being fired. 

Contact:   Sandy Silverstein
                  718-250-2300

017
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES ARREST OF BOARD OF EDUCATION EMPLOYEE FOR FRAUDULENTLY COLLECTING WELFARE BENEFITS

Brooklyn, April 21, 2003 – Kings County District Attorney Charles J. Hynes today announced the arrest and indictment of New York City Board Of Education employee, Felicia Bute-Allen for fraudulently collecting over $53,000 in welfare benefits while she was working as a teachers aide at P.S. 140.  Ms. Bute–Allen, 41, voluntarily surrendered to the Kings County District Attorney’s Office this morning.  She has been charged with Welfare Fraud in the Second Degree, Grand Larceny in the Second Degree and six counts of Offering a False Instrument For Filing in the 1st Degree to conceal her Board of Education employment. 

After a joint investigation conducted by both the Human Resources Administration’s Bureau of Fraud Investigator Jessica Villanueva and The Special Commissioner of Investigation for the NYC School District’s Investigator Heather Mack, the results were presented to the Kings County District Attorney’s Office’s Public Assistance Crime Unit for prosecution. The Investigation revealed that since September 1996, and for the next six years, Ms. Bute-Allen filed at least six fraudulent welfare applications to collect over $53,000 in welfare benefits, while concealing more than double that in wages.  The defendant, who lives at 735 Lincoln Avenue in Brooklyn, maintained that she was unemployed until she finally confessed to the fraud last year.  She stopped receiving the welfare payments in August, 2002. 

            District Attorney Hynes said, “It is a shame that government employees would cheat the city out of money that should go to people who are really in need of these benefits.  The real victims in this care are those unfortunate citizens who are unemployed and the taxpayers whose hard-earned money goes to people who defraud the system.” 

“This case is an example of the cooperative efforts between Governmental Agencies to combat Welfare Fraud and to insure that the limited Social Services funds are distributed to those members of our society that are truly in need of assistance," added Verna Eggleston, Commissioner of the Human Resources Administration, Department of Social Services.  

If convicted of the most serious charges, Ms. Bute-Allen, a New York City Board Of Education employee since 1982, could face up to 15 years in prison. 

The case is being prosecuted by the Kings County District Attorney’s Office Public Assistance Crimes Unit Assistant District Attorney’s Lauren Mack and Frank Dudis. 

Contact:   Sandy Silverstein
            
      718-250-2300

018
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES DECISION REGARDING DEATH PENALTY IN FIRST DEGREE MURDER CASE
 

            Brooklyn, April 25, 2003 . . . Kings County District Attorney Charles J. Hynes announced today that he will seek a sentence of life without parole in the prosecution of Naquasia Pollard, who was indicted for First Degree Murder and other charges relating to the death of Oleh Bosenko on October 30, 2002, in the Sheepshead Bay section of Brooklyn. 

     Pollard, 19, formerly of 2729 West 33rd Street, Brooklyn, is charged in a ten-count indictment with the intentional murder of Oleh Bosenko, 38, during a robbery on October 30, 2002. Pollard is also charged with second degree murder, robbery and weapons 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 seventy-second 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 eighty-five 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, but his sentence was remanded after appeal, and he was resentenced to life without parole. 

     In two other cases, 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. Four cases are presently awaiting decision 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. Pollard was arraigned on January 7, 2003; the 120-day period will elapse on May 7, 2003.  

     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. 

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

     The indictment charges that on October 30, 2002, Pollard, together with Joseph Johnson, 25, robbed Oleh Bosenko and his wife, and during the robbery, Pollard intentionally caused the death of Bosenko by shooting him. Bosenko died as a result of his wounds and injuries. Johnson is charged on a separate indictment with Murder in the Second Degree and other related charges. The incident took place shortly after midnight on October 30, 2002, as the Bosenkos were walking home from a subway station in the Sheepshead Bay section of Brooklyn.   

     Pollard is being held without bail, awaiting trial in Supreme Court, Kings County. The case is assigned to the Honorable Justice Albert Tomei of the Supreme Court; the next court date is April 28, 2003.                  

     The case is being prosecuted by Senior Trial Assistant Mark Hale of the Homicide Bureau. 

     A copy of the indictment is available.

 

019
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES ARREST OF BROOKLYN SUPREME COURT JUDGE GERALD P. GARSON AND FOUR OTHERS ON CORRUPTION CHARGES
 

            Brooklyn, April 24, 2003 – Kings County District Attorney Charles J. Hynes today announced the arrest of Brooklyn Supreme Court Judge Gerald P. Garson on two counts of Receiving a Reward for Official Misconduct, an E felony.  Garson was arrested for accepting gifts to fix divorce cases.  He surrendered last night at the District Attorney’s Office.  Upon conviction, he faces up to four years in prison. 

Judge Garson and four others involved in this scheme include Louis Salerno, a court officer arrested on charges of Bribe Receiving in the Third Degree, a D felony; Paul Siminovsky, at attorney, charged with two counts of Bribery in the Third Degree, a D felony; Nissin Elmann, a businessman, charged with two counts of Bribery in the Third Degree, one count of Commercial Bribery in the Second Degree (a misdemeanor) and multiple counts of conspiracy (felony and misdemeanor); and Avraham Levi, a litigant, charged with one count of Conspiracy in the Fourth Degree, an E felony, were arrested last night.  Arrest warrants have been issued for three others including a former court clerk. 

            Judge Garson and the other four defendants under arrest are scheduled to be arraigned this morning before Judge Alan J. Meyer at Kings County Criminal Court at 120 Schermerhorn Street.  Immediately following the arraignment, District Attorney Hynes will be available at the District Attorney’s Office, located at 350 Jay Street on the 19th Floor. 

Contact:    Sandy Silverstein
                         718-250-2300

020
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES DECISION REGARDING DEATH PENALTY IN FIRST DEGREE MURDER CASE
 

            Brooklyn, May 2, 2003 . . . Kings County District Attorney Charles J. Hynes announced today that he will seek a sentence of life without parole in the prosecution of Alonzo Miles, who was indicted for First Degree Murder and other charges relating to the death of Ktrish Sessions on October 2, 2002, in the East New York section of Brooklyn. 

     Miles, 33, formerly of 2628 Linden Boulevard, Brooklyn, is charged in an eight-count indictment with the intentional murder of Ktrish Sessions, 24, during a burglary on October 2, 2002. Miles is also charged with second degree murder, burglary and weapons 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 seventy-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 eighty-five 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, but his sentence was remanded after appeal, and he was resentenced to life without parole.  

     In two other cases, 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. Three cases are presently awaiting decision 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. Miles was arraigned on November 4, 2002; the 120-day period was to have elapsed on March 4, 2003. However, on February 20, 2003, the Court, upon application by the defense, found good cause to extend the period of time to file through May 4, 2003.  

     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. 

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

     The indictment charges that on October 2, 2002, Miles, forced his way into the apartment of his ex-girlfriend, and while inside of Sessions’ apartment, Miles intentionally caused the death of Sessions by repeatedly stabbing and beating her. Sessions died as a result of her wounds and injuries. The incident took place in the early morning hours of October 2, 2002, at 1426 Loring Avenue in the East New York section of Brooklyn. 

     Miles 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 May 2, 2003.                  

            The case is being prosecuted by Deputy Bureau Chief Kyle C. Reeves of the Homicide Bureau and Deputy Bureau Chief Roger McCready of the Domestic Violence Bureau. 

            A copy of the indictment is available.

Contact:    Sandy Silverstein
            
       718-250-2300

   

 

021
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES YOUTH CONFERENCE DISTRICT ATTORNEY HYNES TO URGE YOUNG PEOPLE TO VOICE THEIR CONCERNS AT THIS BROOKLYN BOROUGH-WIDE 

YOUTH CONFERENCE AGAINST VIOLENCE 

            Brooklyn, May 10, 2003 – Kings County District Attorney Charles J. Hynes will join Brooklyn Borough President Marty Markowitz in announcing a Borough-Wide Youth Conference on Saturday, May 10, 2003 from 8:00 AM to 5:00 PM at the New York City College of Technology located at 300 Jay Street.  The conference is titled Silence the Violence, a Brooklyn initiative to promote dialogue, education, and positive alternatives to youth violence.  

            This youth empowerment conference is a forum to encourage young people to openly voice issues and concerns. The conference will begin with a panel discussion on media influences and will continue with workshops on drugs, gangs, basis crimes, and relationship abuse. Therapist, community-based organizations and trained youth leaders will be available to address questions and concerns.  The conference purpose is to help young people resolve problems and issues without resorting to depression and/or violence.   

            According to FBI Intelligence, the borough of Brooklyn tops the list when it comes to youth violence.  The Silence the Violence mission is to provide a safe future for youth, which will enable them to become productive citizens in our society and contribute to the social and economic development of Brooklyn.  The conference will bring together a diverse audience of Brooklyn youth and their families, as well as educators, social workers, community-based organizations, faith-based institutions, and law enforcement personnel in discussion around issues impeding the productive capacity of the community’s youth and the identification of strategies to address them.  

            This conference is sponsored by New York College of Technology, Delta Funding, VIM, Community Counseling and Mediation/Youth Alliance/Act 4 Youth, Bushwick Geographical Targeting Task Force 's Youth Link, Crown Heights Community Mediation Center, DYCD Youth Line, and the numerous elected officials and community based organizations. 

            Further information on this conference can be found on the website www.silencetheviolence.org or contact :Teri Coaxum, Kings County District Attorney’s Office:  718-250-4906

022
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES WINNERS OF THE LAW ENFORCEMENT APPRECIATION AWARDS
 

HONOREES SUBDUE ARMED SUSPECTS, DODGE BULLETS AND SAVE LIVES 

              Brooklyn, May 12, 2003 – Kings County District Attorney Charles J. Hynes announces the winners of the Law Enforcement Appreciation Awards on May 12, 2003 at 8:30 am at a breakfast ceremony to be held at the Brooklyn Marriott Hotel.  Juliet Papa from 1010 WINS radio will be the emcee for this event.  This year marks the 13th year that the District Attorney’s office is honoring outstanding law enforcement officers for their accomplishments.  This ceremony will honor some of the courageous and dedicated employees of the New York Police Department, New York Fire Department and other New York City law enforcement/public safety agencies.   

              The award ceremony recognizes the work of some of the city’s top employees.  They have demonstrated an excellent work ethic and dedication to their jobs.  These officers are an inspiration to their subordinates and peers.  They have played instrumental roles in protecting the citizens of New York City and improving our communities.   

              Many of these honorees have been involved in community service.  They have taught citizens, especially children, the skills necessary to become productive individuals and law abiding citizens.  Some of them have helped victims of domestic violence while others helped raise money for the homeless.  Everyone has his or her own unique stories.  All of them have excelled in their positions and set a standard to look up to.  

              District Attorney Hynes says, “With the war that is currently going on in Iraq, it is important to recognize all of the efforts that go into keeping our citizens safe.  Whether it is keeping Americans safe from international terrorists or keeping our local residents safe from criminal activity, law enforcement officers have demonstrated their bravery, dedication and diplomacy in order to make us feel more secure.  These officers face danger every day of their lives to protect us.  This ceremony allows us to show them our appreciation for what they do.” 

              This year’s honorees have some amazing stories to tell.  Among the award recipients are: 

Supervising Investigator Elvin BostonElvin has demonstrated excellence in law enforcement for over 19 years.  He has worked with the NYC Department of Parks and Recreation and NYS Department of Labor, where he received a citation of excellence for his investigative work with the U.S. Attorney’s Office on the investigation of the Fulton Fish Market.  He is currently assigned to the Kings County District Attorney’s Office’s new Security Unit at Renaissance Plaza where he has implemented many new security procedures.  He has been with the Kings County District Attorney’s Office since 1989.  Mr. Boston also donates his time to the community as a volunteer at senior citizens centers as well as neighborhood schools.  He gives lectures on safety, gang involvement and peer pressure.  He is an asset to the community and a dedicated Law Enforcement Officer. 

Sergeant John TanseySgt. Tansey has been assigned to the Kings County D.A. Squad since March 1991.  His vast knowledge and experience have led him to be assigned regularly to the most complex and sensitive cases.  Sgt. Tansey started out with the NYC Police Department in 1962.  He was promoted to Sergeant in 1982 and rose to the position of Vice President of the Sergeants Benevolent Association.  Law Enforcement runs in Tansey’s family.  His father was a police officer and now his two sons, John Jr. and Robert are also police officers.  Sergeant Tansey has proven to be a very respected leader in his over 40 years in Law Enforcement. 

Sergeant Tawya WilsonSince Sgt. Wilson joined the NYC Civil Court seven years ago, she has been very involved with the community.  She works with a new group called Young Stars, which reaches out to many young girls in the NYC Housing Projects with special emotional and social needs and challenges. She succeeds in showing them how to foster stronger and better working relationships with their family, community and their local law enforcement.  Wilson teaches them about the court system and what services are available to them.  Sgt. Wilson is well educated, very reliable and caring, and is a major asset to the NYC Civil Court. 

Fire Marshal Lawrence PliskaAssigned to the Special Investigations Unit in Brooklyn for the past three years, Fire Marshall Pliska has been involved in several major case assignments including a lengthy investigation into arson for profit fire, which seriously injured two firefighters, and arrested the individual responsible.  In one particular case, on December 4, 1999, a fire broke out on the third floor of a three-story commercial building in Brooklyn.  Upon arriving at the scene, Fire Marshall Pliska examined the scene, dug out the area of origin, and determined the fire to be deliberately set.  Pliska noticed that a file cabinet which had sustained significant fire damage was open and figured out that some of the contents had been removed prior to the fire. This led to a criminal investigation, in which accounts of the owner’s whereabouts at the time of the fire had conflicting stories.  With assistance from other sources, Fire Marshal Pliska solved the investigation and arrested the owner.  His testimony at the trial was crucial to the case.  His dedication and keen attention to detail in all his investigations have made Brooklyn a safer place. 

SCO Officer Dolores Harris Officer Harris was appointed as a Court Officer in 1987 and promoted to a Senior Court Officer in 1993 at Kings Supreme Court, Civil Term.  She is very active in the community and with charities.  Harris works with the “Teddy Bear Program”, which collects money for homeless children and children in hospitals during the Christmas season.  She has also been organizing a team for the Revlon Walk/Run to help the cure of cancer.  She has been a team captain for the past five years and has collected $2,000 per year.  In addition, Officer Harris is quite active in the Supreme Court Officers Association, Christian Cultural Center in Brooklyn, Brooklyn Botanical Gardens, Fraternal Order of Police, Tribune Society, Guardian Association, and the Soap Makers Guild.  She is someone who is always willing to help others. 

Police Officers Larry Chambers and Norman GrandstaffOfficers from the 79th Precinct, they had a very busy day on December 25, 2002.  Responding to a police signal that a shot had been fired in the vicinity of Atlantic Avenue and Nostrand Avenue, the officers were given a description of the male who had fired several rounds.  A short time after, the two officers noticed two males, one fitting the description, and approached them.  While questioning the two males, one of them produced a firearm from underneath his clothing, and proceeded to point the firearm.  Fearing for their safety, Officer Grandstaff discharged his firearm eleven times at the male.  The suspect then fled with weapon in hand.  Officer Grandstaff pursued him on foot while Officer Chambers got in his vehicle and chased him.  Central was notified and the suspect was apprehended.  An immediate search of the vicinity of flight resulted in the recovery of a Tech-9 machine pistol.  Due to the Officers’ quick response and with disregard to their own safety, an armed suspect was subdued and placed under arrest.  The officers exhibited extreme bravery and valor. 

Police Officer Carol FieldsThe Domestic Violence Officer from the 76th Precinct, Officer Fields has developed a remarkable rapport with the community in which she serves, particularly the victims of domestic violence.  She has implemented her own system to aid the victims of domestic violence with regard to notifying them when an Order of Protection is served to the respondent.  Police Officer Fields takes it upon herself to accompany domestic violence victims personally, and in some circumstances, serve it personally.  This is not a common practice, but she does it to help reduce the stress of the victim.  If the Order of Protection cannont be served, Officer Fields will contact the victim and give them particulars regarding the reason why it could not be served and suggest an alternative means of handling the current situation.  The adjoining precincts within Brooklyn South and Brooklyn North have already adapted to Officer Fields’ notification process, realizing the positive affect that is gained for the victim and the high compliance rate on all Orders served.  She continuously follows up on all her cases regardless of whether they are still active, and reassures her victims that they can always contact her. 

Sergeant Michael Guccione, Police Officers Michael Billotto, David Gomes, Boris Blackmon, William Regina and Arthur Diemicke On November 7, 2002, Sgt. Guccione, who works in the 71st Precinct, was en route with one of his police officers, Officer Michael Billotto, to the 63rd Precinct where he was scheduled to fill in and perform patrol duty.  They witnessed a car run through a red light, and attempted to stop the car.  They were unaware, however, that the driver had just carjacked the vehicle at gunpoint, one minute prior.  The suspect vehicle stopped for a red light at Nostrand Ave.  As the Sergeant and his driver approached the vehicle from the rear in their Rmp., the occupants suddenly opened fire.  The perpetrator then turned his vehicle right onto Nostrand Ave., traveling the wrong way for three blocks.  Officer Billotto pursued as Sgt. Guccione radioed for help, broadcasting the description of the vehicle and the direction of the vehicle.  A chase continued as the perpetrator continued to fire shots in the direction of Sgt. Guccione and other police officers.  With the assistance of several other officers including Officers Billotto, Gomes, Blackmon, Regina and Diemicke, this dangerous suspect was apprehended without a single shot fired by the sergeant and the other police officers.  They demonstrated excellent tactics and firearm control, while clearly placing themselves in grave danger to make the arrest.  While the actions by all the police officers involved was clearly heroic, the outstanding performance by Sgt. Guccione is particularly worth noting.  He managed to maintain his composure while disseminating vital information over the radio, which was instrumental in the apprehension of this armed and dangerous felon. 

Sergeant Jessie Daniel Sergeant Daniel, currently assigned to the Police Service Area #3 Anti Crime Unit, displayed true heroism on September 10, 2002.  On this date, an off duty member of his department heard numerous shots being fired in the vicinity of 314 Pulaski Street, within the confines of the 81st Precinct.  When this officer exited the building, he saw three males, all armed with guns, running on Pulaski Street.  He immediately called 911.  Then, he saw another three males running behind the first three.  As the first group of males approached the intersection, he saw a marked department auto and a uniformed member of the department, Sergeant Daniel, exiting the auto.  Sgt. Daniel ordered two of the males to the ground.  A third male fled from the sergeant, but was chased back toward the sergeant by another officer.  The male had a firearm pointed in the direction of Sgt. Daniel.  He ordered the male to stop, and when he didn’t, Daniel fired his weapon twice, grazing the perpetrator.  Two firearms were recovered from the three defendants.  There were no injuries to any civilians or members of the department.  Sgt. Daniel acted quickly and courageously in response to a violent and dangerous situation.  He plays a huge role in keeping Brooklyn safe. 

The 67 Detective Squad under the supervision of Lieutenant Robert Casazza -  Under the supervision of Lt. Robert Casazza, the 67 Detective Squad effected nearly 1300 arrests in 2002, establishing it as the Detective Squad with the most arrests in the entire Detective Bureau.  Information obtained from debriefings led to the execution of 25 search warrants, which resulted in the seizure of 34 firearms.  In 2002, the 67 Squad effected 476 arrests for domestic violence related offenses.  These are remarkable numbers.  It demonstrates Lt. Casazza’s dedication to his work, and he sets a high standard for all other officers. 

Correction Officer Michelle BrownBrown is a 13 year veteran of the New York City Department of Correction and a lifetime resident of Brooklyn.  For the past 21 years, she has volunteered her time working with the youth of Brooklyn at the Brownsville Community Center.  Officer Brown interrelates with the youth, stressing education and a positive attitude to help keep them drug-free and free from a life of crime.  She volunteers her time by taking them on field trips, some of which she funds personally.   With assistance from her mother, she produces dance performances and helps sponsor a host of sporting events.  In addition, every other Sunday, Officer Brown and some of these youths perform community service by visiting the sick and disabled.  She has also helped to establish an after school tutorial program at the Brownsville Community Center, which in turn, has been influential in the students’ improved grades.  Officer Brown has proven herself to be a positive role model for the disadvantaged youth of the Brownsville Community.   

MTA Bridge and Tunnel Sergeant Debra Gavagan -  Sgt. Gavagan demonstated heroic qualities on October 4, 2002, when she helped to save a merchant’s life.  She was on duty at the facility toll plaza when a radio transmission came in.  Gunshots had been fired in an area adjacent to the toll plaza on Hamilton Ave.  So, Sergeant Gavagan made her way to the scene and observed the victim lying on the ground, bleeding and calling out for help.  She immediately radioed the Brooklyn-Battery desk to call for an ambulance, secured the scene and attended to the victim.  She calmed him down and applied pressure to the wound until the ambulance arrived to transport him to the hospital.  Thus, this man’s life was saved.   

Sergeant Raymond Farrell and Police Officer Raymond LewisWhile on routine patrol in the 83rd Precinct in the Fall of 2002, Sgt. Farrell and his driver, Officer Lewis responded to a call of a baby drowning in a bathtub.  Upon their arrival, they were met by a hysterical woman who was holding her limp, unconscious daughter in her arms.  As Officer Lewis raced to the hospital, Sgt. Farrell performed CPR on the young girl in the vehicle.  Once at the hospital, the baby was stabilized.  The doctors at the hospital cited the CPR performed by Sgt. Farrell as life-saving.  The actions of these officers are commendable.  

Contact:   Sandy Silverstein
                 
718-250-2300

023
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT OF SUPREME COURT JUDGE GERALD P. GARSON AND SIX OTHERS IN CORRUPTION SCHEME
 

            Brooklyn, May 22, 2003 – Kings County District Attorney Charles J. Hynes today announced the indictment of Supreme Court Judge Gerald P. Garson for receiving rewards in order to fix divorce cases.  Upon conviction, Judge Garson faces up to four years in prison.   

In addition, the other defendants involved in this scheme including Court Officer Louis Salerno, businessman Nissim Elmann, litigant Avraham Levi, former Court Clerk Paul Sarnell, Rabbi Ezra Zifrani and litigant Esther Weitzner, were indicted on charges ranging from Bribe Receiving in the Third Degree to Conspiracy in the Fifth Degree. 

            “Whether a judge takes $1 or $1,000, he disgraces his position and he violates the trust of the public,” said District Attorney Hynes.            

            With the cooperation of the Office of Court Administration and Chief Administrative Judge Anne Pfau, the District Attorney’s Office’s Rackets Bureau headed by First Deputy District Attorney Michael Vecchione, Deputy Bureau Chief John Dixon, Chief Investigator Joseph Ponzi and Deputy Chief Investigator George Terra conducted audio and videotape surveillance of Garson and Siminovsky.  A hidden camera in Garson’s chambers recorded him receiving gifts such as cigars and $1,000 in cash from Siminovsky.  The scheme involved Elmann allegedly steering some litigants that he spotted in the courthouse for divorce cases to Siminovsky.  Siminovsky would then arrange with Sarnell, and later with a court officer, Louis Salerno, to have his cases heard before Judge Garson. Garson would then assist Siminovsky in his representation for the clients.  Esther Weitzner is a litigant who along with her father, Rabbi Ezra Zifrani, paid off Siminovsky in order to get her child custody case fixed in her favor. 

            This eight month probe was initiated last Fall when a woman involved in a custody case called the District Attorney’s Office’s Citizens Action Bureau (718-250-2340).  The investigation by Brooklyn prosecutors found that there was corruption in Garson’s court.  Garson was arrested on April 24th.   

            The case resulted in a special grand jury investigating possible corruption in the way judges are selected in Brooklyn.

Contact:    Sandy Silverstein
                        718-250-2300

024
KINGS COUNTY DISTRICT ATTORNEY’S OFFICE’S SUPERVISOR OF DETECTIVES HELPS RUSSIANS UNDERSTAND OUR JUSTICE SYSTEM
 

PETER GRINENKO APPEARS REGULARLY ON RUSSIAN RADIO 620 AM 

            Brooklyn, May 22, 2003 – When you have a problem with the law, do you know what to do?  When you have a complaint or get arrested, do you know who to contact?  Well, many Russian residents here in Brooklyn do not know much about our criminal justice system.  Luckily, there is someone around to help them.  Peter Grinenko, a Supervisor of Detectives in the Kings County District Attorney’s Office for 12 years, has appears on numerous radio stations in the past, and appears regularly on Russian radio station 620 AM  - New Life, to help explain to Russians what to do in certain situations and informs them of their rights.   

            Grinenko, who lives in Queens, was born in Germany, but is of Russian descent.  He retired from the NYPD after spending 22 years as a second grade NYC detective.  Grinenko speaks Russian fluently, and usually appears on 620 AM twice a week.  620 AM – New Life is the largest Russian-speaking radio station in the United States and broadcasts in cities such as New York, Chicago, London and Moscow.  Its chief executives, President Nathan Lieberman and Vice President Alexander Rosbam, play an instrumental role in providing their radio station with top speakers who are experts in their respective fields.  They knew that Grinenko would be a valuable asset to the Russian speaking community as an expert in law enforcement. Grinenko has a good rapport with the shows’ hosts Boris Talis and Valery Shukin, who do a good job of asking Grinenko important questions regarding the community’s major concerns.  

            Grinenko does an excellent job in the District Attorney’s Office, but obviously his work doesn’t stop there.  He voluntarily works with the radio station, informing its listeners of the laws that they must obey.  He discusses the function of the police and the differences between the roles of the police and that of the prosecutor’s office.  He goes over specific laws, and lets the listens know what is legal and what is illegal.  Grinenko also explains what the District Attorney’s office does and  how they try to protect crime victims.  He also explains the other services that the District Attorney’s Office provides. 

            Recently, Kings County District Attorney Charles J. Hynes appeared on the radio station with Grinenko to refute myths about the Russian mafia and prevent the Russian community from being stigmatized.  

            Another topic that Grinenko normally discusses is how to look out for scams including medical fraud.  Grinenko advises listeners of this Russian radio station that they can contact him if they have any questions or concerns at (718) 250-4725. 

            If you require a photo of Peter Grinenko, please contact me.

Contact:     Sandy Silverstein
            
        718-250-2300

025
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES FILING OF INDICTMENT AGAINST ANDRASAN SCOTT FOR PLANTING A BOMB INSIDE A POLICE OFFICER’S CAR
 

INDICTMENT ALSO FILED AGAINST STEPHEN ALSTER WHO PAID SCOTT TO BOMB VEHICLE TO HELP HIS CONVICTION APPEAL 

            Brooklyn, May 27, 2003 – Kings County District Attorney Charles J. Hynes today announced the filing of an indictment against two men for hatching a plan to bomb a police officer’s car.  The indictment charges that Andrasan Scott, 29, acted on behalf of a prison friend that he met at Rikers Island when he planted a pipe bomb as well as a couple of guns inside of an S.U.V. parked on Montague Street.  Stephen Alster, 66, allegedly paid Scott to bomb the vehicle just two years after he was sentenced to 20 years to life for detonating a crude bomb inside the S.U.V. owner’s Brooklyn Heights home during a party to celebrate her graduation from the Police Academy.   

            Both Alster and Scott were charged with Placing a Bomb in the First Degree, Tampering with Physical Evidence, two counts of Criminal Possession of a Weapon in the Fourth Degree and five counts of Criminal Possession of a Weapon in the Third Degree for the March 31st incident where police found the bomb and guns in Thomas’ car after receiving two anonymous 911 calls.  After shutting down three blocks to investigate the scene, police found that the bomb had no trigger.  Scott faces up to 25 years to life in prison.  Alster faces an additional 7 years in prison to run consecutively with his current sentence. 

            Alster allegedly concocted this plan to make it appear that he was wrongly convicted in 2002 for the 2001 incident, and that the real bomber is on the loose.  The recent incident happened the day before depositions in a civil case against Alster were to be taken.  

Scott was arrested on April 24 outside his home in Rosedale, Queens.  Inside, police found wires and adhesive materials that can be used to make bombs.  Scott is a convicted felon who was on parole with arrests on his record for robbery and weapons possession.   

Alster and Scott will both be arraigned tomorrow morning. 

This case is being prosecuted by Assistant District Attorney Joseph A. DiBenedetto, Counsel to the Rackets Division.  The Arson and Explosion Squad of the New York City Police Department and the Bureau of Alcohol, Tobacco and Firearms conducted the joint investigation with ADA DiBenedetto.

Contact:    Sandy Silverstein
                        718-250-2300

026
KINGS COUNTY DISTRICT ATTORNY CHARLES J. HYNES CLOSES THE INVESTIGATION OF THE JANUARY 1, 2003 SHOOTING OF JAMEL NIXON BY NYPD
 

            Brooklyn, May 28, 2003 -- Kings County District Attorney Charles J. Hynes announced today the conclusion of his office’s investigation into the fatal shooting of Jamel Nixon, 19, by New York City Police Officers just after midnight on New Years Day. 

“The shooting of Jamel Nixon is the tragic result of the reckless and unacceptable practice of firing guns into the air to celebrate the arrival of the New Year, combined with the presence of illegal handguns in our communities.  This office remains committed to working with the community and community leaders to insure that this type of needless tragedy is prevented in the future.” 

            After a 5-month investigation which included interviews of over a dozen witnesses, it has been determined that the death of Mr. Nixon was a justified use of force by the police officers involved.  The matter will not be presented to a Grand jury. 

The shooting occurred at 12:13am on January 1, 2003 when police officers from the 73rd Precinct observed Nixon firing a handgun into the air.  Captain Timothy Bugge and Sergeant James Knoebel, both in uniform, ordered Nixon to drop his weapon.  Nixon turned and began to lower his weapon toward the officers while firing.  It was at that point that the police officers discharged their weapons.  A 9mm pistol was recovered at Nixon’s side. 

Nixon was pronounced dead at Brookdale Hospital. 

            The investigation concluded that the actions of the police officers were a justified use of force in the face of what they reasonably believed to be the threat of deadly force being used against them.

027

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES SENTENCING OF BROOKLYN FATHER FOR KILLING HIS BABY DAUGHTER

 SHARIFF ALLAHBEY TO SERVE 25 YEARS TO LIFE IN PRISON FOR SECOND DEGREE DEPRAVED MURDER 

            Brooklyn, June 10, 2003 – Kings County District Attorney Charles J. Hynes today announced the sentencing of 35-year old Shariff Allahbey to 25 years to life in prison for killing his two month-old baby girl in their Flatbush apartment on July 15, 2002.  Allahbey was convicted of  Depraved Murder in the Second Degree for slamming his daughter into her crib because the baby would not go to sleep, causing massive skull fractures, brain injury and rib fractures.  Allahbey prevented the mother from aiding the baby until hours later when 911 was called.  The baby was already dead when the paramedics arrived.  Justice James Starkey pronounced the sentence. 

            The incident was witnessed by the baby’s mother, Paulebelle Bienaime, who testified against Allahbey.  The trial lasted about six days.  It took the jury just over an hour to return a guilty verdict.  

            The case was prosecuted by Lead Attorney Judie Saunders and Wayne McKenzie, co-counsel for the Crimes Against Children Bureau.  Ama Dwimoh is Chief of the Crimes Against Children Bureau. 

Contact:    Sandy Silverstein
            
       718-250-2300

028

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES SENTENCING FOR ASSAULT AND SODOMY 

HIV-POSITIVE DEFENDANT STABBED TEENAGER AS HE ATTEMPTED TO ESCAPE APARTMENT 

            Brooklyn, June 17, 2003 – Kings County District Attorney Charles J. Hynes today announced the sentencing of Anthony Mercer, 42, for assaulting and sodomizing a 16 year-old boy he had lured inside his apartment at 495 Putnam Avenue in the Bedford Stuyvesant section of Brooklyn.  Mercer was convicted of Assault in the First Degree and Sodomy in the First Degree on May 27th, and sentenced yesterday to 25 years for those charges in addition to 3 ½ - 7 years to run consecutively for perjury committed during the trial. 

            Mercer met the victim shortly prior to the incident at a McDonald’s near the victim’s home on the Upper East Side of Manhattan.  After talking for a while, they exchanged phone numbers.  The incident then occurred on May 26, 2002 when Mercer invited the victim to his home for “wine, women and fun.”  While there, they looked through pornographic magazines and Mercer made sexual advances toward the teenager.  When the victim got uncomfortable and tried to leave, Mercer struck him, stabbed him several times with a knife in the left lung, chest and hand, and pinned him up against a wall and sexually abused him.  The victim finally managed to escape and make his way back home.  He was taken to Cornell Hospital and treated for stab wounds and a possible injured lung.  

            Mercer is HIV-positive and sodomized the child without using a condom.  The city pays for Mercer’s apartment because he is an HIV victim.  Fortunately for the victim, test results came back HIV-negative.   

            A 17 year-old boy who lives in Mercer’s neighborhood testified that he met Mercer at a gym near his home and Mercer gave him boxing lessons.  He invited the 17 year-old to his house and offered him vodka and pornographic magazines. 

            He testified during trial that Mercer mailed him a letter asking him to lie in court.  Mercer wanted him to say that he was present in the apartment when the 16-year old boy claimed to have been sodomized.  He wanted the 17-year old boy to tell the court that no sodomy took place and instead, he stabbed the boy only in self defense after the boy came at him with a knife.  But, the 17-year old witness testified that he was not present at the time of the incident and that the defendant wanted him to lie so he would have an alibi.  Other evidence against Mercer included  drops of blood on the wall of his apartment which matched the child’s DNA, as well as Mercer’s semen on the victim’s clothing. 

            Mercer was sentenced before Justice Caroline Demarest in the Supreme Court.  The case was prosecuted by Assistant District Attorney Adam Charnoff, Counsel in the Appeals Bureau. 

Contact:   Sandy Silverstein
            
      718-250-2300

029
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES SENTENCING OF RICHARD CINTRON FOR MURDERING EX-GIRLFRIEND
 

DEFENDANT PLED GUILTY TO MANSLAUGHTER CHARGES 

            Brooklyn, June 18, 2003 – Kings County District Attorney Charles J. Hynes today announced the sentencing of Richard Cintron, 32, for killing his ex-girlfriend, Margalie Valme, 35, and injuring her 8 year-old daughter Bianca.  He was initially charged with Second Degree Murder, but pled guilty to Manslaughter in the First Degree on June 6th, and was sentenced today to 20 years in prison before Justice Matthew D’Emic in the Brooklyn Supreme Court. 

            Cintron was charged with repeatedly stabbing Valme in bed, causing her death on October 15, 2001.  Valme’s children were in the room at the time of the incident.  After stabbing Valme to death, he turned to her 8 year-old daughter Bianca, and stabbed her in the neck and temple.  Bianca was treated and released from Kings County Hospital and Margalie was pronounced dead at Kings County Hospital.   

            Cintron claimed to have contracted the AIDS virus from Valme, so he sought to exact revenge on her.  The case was prosecuted by Cynthia Lynch, Counsel to the Domestic Violence Bureau.   

Contact:   Sandy Silverstein
           
      718-250-2300

030
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES GUILTY PLEA OF COP NABBED SELLING DRUGS
 

INTERNAL AFFAIRS INITIATES STING OPERATION TO CATCH THOMAS COYLE SELLING DRUGS BEHIND A BAR 

            Brooklyn, June 18, 2003 – Kings County District Attorney Charles J. Hynes today announced the guilty plea of 17-year veteran police officer Thomas Coyle, 37,  for selling cocaine.  He pled guilty to Attempted Criminal Sale of a Controlled Substance in the Third Degree today.  He faces three month in jail and five years probation.  In addition, he was forced to resign from the police force after his arrest and he had to forfeit the money from the drug deals totalling $12,091.  Sentencing will take place on July 28th before Justice William Garnett in Brooklyn Criminal Court. 

            On May 24, 2003, undercover police officers investigating allegations that Coyle was improperly working as a bartender, observed Coyle sell a quantity of cocaine to a confidential informant inside of Cousins Sports Bar, located at 3856 Flatlands Avenue.  Two bags of cocaine were recovered.  The next day,  the informant met the defendant inside of the same location and handed him marked bills.  In return, the informant received two more bags of cocaine.  Later that day, Coyle was arrested after leaving the bar carrying two bags of cocaine, the marked bills and an additional $1,291 in cash. 

            The case was prosecuted by Kevin Richardson, Bureau Chief of the Rackets Division.

Contact:   Sandy Silverstein
         
    
718-250-2300

031

MEDIA ADVISORY FOR THURSDAY, JULY 24, 2003 MIKE TYSON TO BE ARRAIGNED ON JULY 24TH 

WHO:             Mike Tyson 

WHAT:           Mike Tyson will be arraigned on charges of Assault in the Third Degree for his role in a brawl that took place on the morning of June 21st at the Brooklyn Marriott Hotel.  

WHEN:          Thursday, July 24, 2003 at 9:30 AM 

WHERE:        Kings County Criminal Court
                       
120 Schermerhorn Street 

032
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES DECISION REGARDING DEATH PENALTY IN FIRST DEGREE MURDER CASE
 

      Brooklyn, June 27, 2003 -- Kings County District Attorney Charles J. Hynes announced today that he will seek a sentence of life without parole in the prosecution of Wilfredo Semprit-Carmona, who was indicted for First Degree Murder and other charges relating to the death of Krystyna Marusa on or about January 13 or 14, 2003, in the Boro Park section of Brooklyn. 

     Semprit-Carmona, 28, formerly of 1970 East 18th Street, Brooklyn, is charged in a thirteen-count indictment with the intentional murder of Krystyna Marusa, 55, during a robbery and rape on or about January 13 or 14, 2003. Semprit-Carmona is also charged with second degree murder, robbery, rape, sexual abuse and criminal possession of stolen property 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 seventy-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 ninety 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, but his sentence was remanded after appeal, and he was resentenced to life without parole.  

In two other cases, 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. Seven cases are presently awaiting decision on sentence 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. Semprit-Carmona was arraigned on March 6, 2003; the 120-day period is to elapse on July 3, 2003. 

     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. 

     Semprit-Carmona is accused of the following charges: Murder in the First Degree (three counts); Murder in the Second Degree (five counts); Robbery in the First Degree; Robbery in the Third Degree; Rape in the First Degree; Sexual Abuse in the First Degree; and Criminal Possession of Stolen Property in the Fifth Degree. 

    The indictment charges that on or about January 13 or 14, 2003, Semprit-Cardona, forcible raped Marusa, robbed her of personal items, and intentionally caused her death by asphyxiation. Marusa died as a result of her wounds and injuries. The incident is believed to have taken place on or about January 13 or 14, 2003, inside of an apartment building at 1180 50th Street in the Boro Park section of Brooklyn.  

     Semprit-Carmona is being held without bail, awaiting trial in Supreme Court, Kings County. The case is assigned to the Honorable Justice Plummer Lott of the Supreme Court; the next court date is July 2, 2003.                  

      The case is being prosecuted by Executive Assistant District Attorney Mitchell Benson of the Homicide Bureau. 

            A copy of the indictment is available.

033


            
      718-250-2300

034
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES DECISION REGARDING DEATH PENALTY IN FIRST DEGREE MURDER CASE
 

DEATH PENALTY NOTICE FILED IN PROSECUTION OF LARRY SMITH 

            July 28, 2003 . . . Kings County District Attorney Charles J. Hynes announced today that he will seek a sentence of Death in the prosecution of Larry Smith, indicted for First Degree Murder and other charges for the killing of Melisha Francis and her son, Michael Stultz, on June 24, 2002. 

     Smith, 32, formerly of 45 Hawthorne Street, Brooklyn, was charged in a four-count indictment with the intentional murders of his girlfriend, Melisha Smith, 26, and her son, Michael Stultz, 6, on June 24, 2002. 

     "I have concluded, after review and deliberation, that a sentence of Death is the appropriate punishment to seek in this case," District Attorney Hynes said. 

     This is the eighth First Degree Murder case of eighty-four Murder in the First Degree cases in which the death penalty was available in which District Attorney Hynes has decided to seek the sentence of Death since the capital punishment law took effect on September 1, 1995.  

     The last death notice was filed on February 4, 2000, in the case People v. Christopher Webb, Ind. 5157/99; Webb had been charged with three counts of Murder in the First Degree, for intentionally killing the victim during a burglary. Webb was subsequently convicted on February 8, 2001, after a jury trial, of Murder in the Second Degree and Attempted Murder in the First Degree for killing the mother of his cousin's girlfriend and for attempting to kill the girlfriend. Webb was sentenced to 65-Life by Justice Anne E. Feldman on March 8, 2001.  

     District Attorney Hynes has sought the imposition of the death penalty in seven other 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 District Attorney has sought the punishment of Life without Parole in seventy-four other cases; in two cases, defendants pled guilty and accepted a sentence of life without parole prior to the time in which the District Attorney was required to make his decision. 

     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.

     Smith was arraigned on September 12, 2002, and the 120 day period was to have originally elapsed on January 12, 2003. Upon request by defense counsel, and with the consent of the Court after a finding of good cause, the 120 day period was extended until July 28, 2003.  

     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. 

     Smith is accused of the following charges: Murder in the First Degree (two counts) and Murder in the Second Degree (two counts.  

     The indictment charges that Smith, on June 24, 2002, intentionally caused the death of Francis by strangling her. After killing Francis, Smith then drowned Francis’ six year old son Michael Stultz in the apartment’s bathtub. The incident took place in the early evening hours of June 24, 2002, inside the couple’s apartment at 45 Hawthorne Street in the Crown Heights section of Brooklyn.   

     Smith is being held without bail, awaiting trial in Supreme Court, Kings County. The case is assigned to the Honorable Priscilla Hall of the Supreme Court, Kings County, and the next court date is August 18, 2003.   

            The case is being prosecuted by Senior Trial Assistant Mark Hale of the Homicide Bureau and Deputy Bureau Chief Roger McCready of the Domestic Violence Bureau. 

            A copy of the indictment is available. 

Contact:   Sandy Silverstein
            
      718-250-2300

035
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES SUPERSEDING INDICTMENT AGAINST JUDGE GERALD P. GARSON
 

INDICTMENT UPGRADES CHARGES AGAINST GARSON TO BRIBERY 

            Brooklyn, August 6, 2003 –  Kings County District Attorney Charles J. Hynes today announced a superseding indictment against Judge Gerald P. Garson to include bribery charges.  Previously, Garson was facing a top charge of Receiving Reward for Official Misconduct in the Second Degree.  However, following additional investigation, the decision was made to upgrade the charges to Bribe Receiving in the Third Degree, a D felony.  In addition, the superseding indictment will include two new counts of Official Misconduct and an additional count of misconduct that replaces the original count of misconduct.  Upon conviction, Garson faces 2 1/3 – 7 years in prison. 

            The new indictment alleges that Garson understood that in exchange for attorney, Paul Siminovsky conferring on him numerous gifts, Garson would give Siminovsky favorable treatment, which included among other things, extraordinary access to the judge’s robing room, indulgences on Siminovsky’s cases and various instances of ex parte advice, as well as preferential assignment of law guardianships to Siminovsky.  Siminovsky received far more law guardian assignments than anyone else, earning tens of thousands of dollars for these extra cases.  The indictment further alleges that the investigation shows that this was a consistent pattern of behavior on Garson’s part. 

            Garson was arrested on April 24, 2003, for accepting money and gifts in exchange for giving preferential treatment and ex parte advice.  He was secretly caught in the act as investigators from the Kings County District Attorney’s Office conducted audio and videotape surveillance of Garson and attorney Paul Siminovsky, who was also arrested.  This eight month probe was initiated last Fall when a woman involved in a custody case called the District Attorney’s Office’s Citizens Action Bureau at (718) 250-2340.  Besides Garson and Siminovsky, six other people were arrested in this scheme. 

            The investigation found that there was corruption in Garson’s court, and led to a larger investigation into corruption in the Brooklyn courts and how Brooklyn judges are selected.  That investigation continues.  

Copies of the indictment are available.

036
MEDIA ADVISORY FOR FRIDAY, SEPTEMBER 26, 2003 

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES PRESENTS “GRANDPARENTS RAISING GRANDCHILDREN”

 A FORUM ON THE PROBLEMS OF GRANDPARENTS AS PRIMARY CAREGIVERS FOR THEIR GRANDCHILDREN 

WHO:             KCDA’S OFFICE, TRUANCY BUREAU, TRACK PROGRAM; THE NEW YORK CITY DEPARTMENT FOR THE AGING, GRANDPARENT RESOURCE CENTER AND THE AMERICAN ASSOCIATION OF RETIRED PERSONS (AARP). 

WHAT:           THE NYC DEPARTMENT FOR THE AGING AND AARP WILL ADDRESS THE DIFFICULTIES GRANDPARENTS ENCOUNTER AS PRIMARY CAREGIVER FOR THEIR GRANDCHILDREN.           

KEYNOTE SPEAKER GERALD WALLACE, ESQ., DIR. OF GRANDPARENT CAREGIVER LAW CENTER, THE BROOKDALE CENTER ON AGING,  HUNTER COLLEGE INSTITUTE ON LAW AND RIGHTS OF OLDER ADULTS  WILL ADDRESS PENDING LEGISLATION EXTENDING GRANDPARENTS’  RIGHTS IN CUSTODY HEARINGS, AUTHORIZING GRANDPARENTS’    REVIEW OF SCHOOL RECORDS AND ENABLING GRANDPARENTS TO GIVE  CONSENT FOR MEDICAL CARE AND TO ENROLL THEIR GRANDCHILDREN IN SCHOOL.                   

WHERE:        KINGS COUNTY DISTRICT ATTORNEY’S OFFICE
                       
350 JAY STREET – RENAISSANCE PLAZA
                       
ROBERT KAYE TRAINING ROOM, 19TH FLOOR
                       
BROOKLYN, NEW YORK  11201       

WHEN:           FRIDAY, SEPTEMBER 26, 2003, 10:30 AM 

CONTACT:    SANDY SILVERSTEIN
                       
(718) 250-2300

037
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENTS OF KINGS COUNTY DEMOCRATIC COUNTY COMMITTEE LEADER CLARENCE NORMAN
 

IN TWO INDICTMENTS AGAINST NORMAN, HE FACES A TOP CHARGE OF GRAND LARCENY IN THE THIRD DEGREE.  IN A THIRD INDICTMENT, THE TOP CHARGE IS FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE 

Brooklyn, October 10, 2003 –   Kings County District Attorney Charles J. Hynes today announced the indictments of Kings County Democratic County Committee Chairman Clarence Norman.  As part of an investigation into political corruption sparked by the bribery indictment of Supreme Court Judge Gerald P. Garson, it was found.that Norman misappropriated funds.  He is accused of stealing $5,000 from his re-election committee and stealing more than $5,000 from the State by submitting 76 fraudulent vouchers for reimbursement of travel expenses.  

            Clarence Norman is accused of double-billing the State Assembly for expenses which had already been paid by the Kings County Democratic County Committee (KCDCC).  He submitted vouchers for reimbursement to the State Assembly for gasoline and other car-related expenses when they were already paid for by the committee.  Thus, he received payments from two sources for a single expense.  A comparison of Assembly records and American Express (he was given an American Express card by KCDCC for committee-related expenses) records prove this fact. 

            The proposed charges are one count of Grand Larceny in the Third Degree to cover the over $5,000 that Norman received from the State as reimbursement for car related expenses that were not actually incurred and seventy six (76) counts of Offering a False Instrument for Filing in the First Degree – one count for each voucher submitted to the Assembly for reimbursement of car related expenses.  The period in question is 1999 through 2002. 

            Grand Larceny in the Third Degree is the top count, a D felony, punishable by 2 and a 1/3 to 7 years imprisonment.  Offering a False Instrument for Filing is an E felony, punishable by 1 to 3 years imprisonment.  

            In another incident, Norman is accused of stealing a $5,000 contribution from his re-election committee and putting it to his personal use.  On October 30, 2001, the Thurgood Marshall Democratic Club wrote a $5,000 check to the Committee to Re-elect Clarence Norman

at the direction of Assemblyman Clarence Norman Jr.  The Thurgood Marshall Democratic Club indicated on the check that the $5,000 was a “Contribution” to the Committee to Re-elect Assembly Clarence Norman JR., and also reported it as a “Contribution” to the New York City Board of Elections, as they were required to do by the provisions of the Election Law. 

                          The next day, October 31, 2001, that $5,000 check was signed “Clarence Norman” and deposited into the personal checking account of Assemblyman Clarence Norman Jr.  Clarence Norman, Jr. did not repay the Committee to Re-elect Assemblyman Clarence Norman Jr. from this account or any of the other bank accounts maintained by Clarence Norman, Jr., the $5,000 contribution to the committee. 

            For this incident, Norman is being charged with Grand Larceny in the Third Degree, Offering a False Instrument for Filing in the First Degree, and Falsifying Business Records in the First Degree as well as election law violations including Failure to Account to a Treasurer the Receipt of Campaign Contributions, Failing to Report a Campaign Contribution and Using Campaign Funds for Personal Use.   

                During the Spring of 2000, Assemblyman Clarence Norman Jr. solicited the Executive Director of the New York State Association of Service Stations and Repair Shops, Ralph Bombadiere, to pay expenses incurred by the Assemblyman in his Primary race to secure the Democratic nomination for his assembly seat. 

            Clarence Norman, Jr. forwarded bills for printing and other expenses to Mr. Bombadiere for payment.  Bombadiere paid primary expenses for the Assemblyman in excess of The Election Law limits and amounting to over $7,000 between July and September 2000, in violation of the Election Law. 

            Again in 2002, Assemblyman Clarence Norman Jr. solicited Bombadiere to pay primary expenses amounting to over $5,000.  Bombadiere did pay bills amounting to $2,700 on behalf of Assemblyman Clarence Norman, Jr. 

Assemblyman Clarence Norman Jr. did not report this payment to the treasurer of the Committee to Re-elect Assembly Clarence Norman, Jr. nor did he report this payment to the New York State Board of Elections in violation of New York State’s Election Law.   

                For this particular case, Clarence Norman Jr. is charged with the following crimes:  

For the year 2000 - 

Offering a False Instrument for filing in the first degree- [NYS Board of Elections], Falsifying Business Records in the first degree (2 counts) [ NYS Board of Elections and Committee to re-elect Clarence Norman Jr.], and Soliciting a contribution in excess of contribution limitations.  

For the year 2002 - 

Offering a False Instrument for filing in the first degree [NYS Board of Elections], Falsifying Business Records in the first degree (2 counts) [NYS Board of Elections and Committee to re-elect Clarence Norman Jr.], Failure to Account to a Treasurer the Receipt of Campaign Contributions and Failing to Report a Campaign Contribution

Contact:  Sandy Silverstein
                      718-250-2300

038

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES AND POLICE COMMISSIONER RAYMOND W. KELLY ANNOUNCE INDICTMENT IN “MURDER FOR HIRE” PLOT TO KILL FIVE WITNESSES ON PENDING CASES 

DEFENDANT MAKES ARRANGEMENTS FROM INSIDE RIKERS ISLAND WITH UNDERCOVER OFFICER 

            Brooklyn, October 23, 2003 – Kings County District Attorney Charles J. Hynes and NYPD Commissioner Raymond W. Kelly today announced the indictment of John Hillard, 33, on charges of five counts of Conspiracy in the Second Degree (to commit Murder in the First Degree), five counts of Conspiracy in the Second Degree (to commit Murder in the Second Degree), and five counts of Solicitation in the Second Degree.  The Conspiracy counts are class B felonies and carry a maximum jail sentence of 81/3 to 25 years.  

The objective of the Conspiracy, which was foiled by a combined effort between the Kings County District Attorney’s Office and the New York Police Department, was to murder five witnesses on pending cases in an effort by Hillard to avoid prosecution.  He had been arrested on robbery and assault charges last month for attempting to rob a victim.  When the victim refused to give him his money, Hillard shot him in the leg, and then, took his money and jewelry.  Hillard was also arrested last month on another gunpoint robbery of an aunt and nephew.  He was incarcerated on $50,000 bail. While incarcerated on Riker’s Island for these pending cases, Hillard had conversations with an undercover officer, posing as a hitman, and requested the murder of witnesses offering money for the undercover’s services.  Hillard provided the undercover with the names and addresses of the witnesses as well as contact information for a person who would pay the officer $1,000 for the murders.  These conversations took place between September 20, 2003 – October 8, 2003.   

Accordingly, the plot was foiled and on October 8, 2003, John Hillard was arrested. On October 10, 2003, Hillard was arraigned and remanded.  The defendant is currently awaiting arraignment on the indictment

                Kings County District Attorney Charles J. Hynes said, “I would like to commend the officers from the Kings County District Attorney’s Office’s DA Squad and the New York Police Department for foiling this scheme.  We try to do everything in our power to protect witnesses who are instrumental in the prosecution of our cases.  Anyone who attempts to undermine the testimony of witnesses to a crime faces the full force of the law.” 

            New York Police Department Commissioner Raymond W. Kelly said, “The New York City Police Department Investigators and the Kings County District Attorney’s Office joined together to end further violence by the defendant in this case.  They are to be congratulated for their results.  The investigation demonstrates our commitment to the safety of the witnesses and victims of crime who have cooperated with the criminal justice system.” 

                The investigation was run by Detectives Thomas Farley and Patrick Sammon of the New York City Police Department Kings County District Attorney’s Office Squad.  Deputy Bureau Chief Patricia M. McNeill, of the District Attorney's Rackets Division, and Assistant District Attorney Christiane Hoffman are heading the investigation and prosecution.  Michael Vecchione is Chief of the Rackets Division. 

Contact:   Sandy Silverstein
           
      718-250-2300

039

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT OF FOUR INDIVIDUALS IN 
“OPERATION CAR WASH”

AUTO DEALERS TRADE CARS FOR DRUGS IN MONEY LAUNDERING SCHEME

ONE DEFENDANT STILL UNAPPREHENDED
DA SEEKS HELP OF PUBLIC
 

        Brooklyn, November 6, 2003 – Kings County District Attorney Charles J. Hynes today announced the indictment of four individuals who used auto dealerships to launder drug money.  They are charged with turning illegally gained money from drug sales into cars.  

            "Operation: Car Wash" exposed money laundering and cars-for-narcotics operations working under the guise of legitimate businesses. Employees at two auto dealerships would accept money from drug dealers to purchase cars in their lots, such as Mercedes and BMWs, that they knew were monies made from drug transactions.  In order to make these purchases seem legitimate, the defendants who worked at these dealerships would fill out paper work with the Department of Motor Vehicles that showed that they sold the cars for less money than they actually received.  

Defendant Waleed Kharalah, 42, is the president of Steel Wheels Auto Sales, Inc., located at 413 92nd Street in Brooklyn. As part of the investigation into Operation Car Wash, an undercover officer posing as a drug dealer, inquired about the “cleaning” of drug money through the purchase of high end used cars. Kharalah allegedly agreed to launder more than $100,000 by falsifying documents relating to the sale of BMWs and other flashy vehicles.

Gerard Eid, 42, and Steve Giannakouros, 35, are the owners of GS Auto Group, Inc., a licensed used-vehicle dealership located at 9104 5th Avenue in Brooklyn.  The second part of the “Operation Car Wash” investigation had an undercover officer posing as a drug trafficker, inquiring about the cost of two Mercedes Benz and two BMWs for his narcotics enterprise.  

Giannakouros and his associate, Brandon Pollock, 28, allegedly offered to trade the vehicles, valued at more than $100,000, for kilos of cocaine. In order to avoid paying the full amount of sales tax on the transaction, Giannakouros and Eid filled out documents understating the price of the vehicles. 

            The takedown took place  when a non-narcotic substance, packaged to look like five kilos of cocaine, was delivered to Giannakouros as payment. The "sham" kilos were left in a plastic bag in the trunk of a car for Preston Geritano, another of Giannakouros's associates, to pick up. As police staked out the vehicle, Geritano, 22, opened the trunk and removed the bag containing the phony drugs.  

            Geritano was arrested on the street seconds after taking possession of the fake cocaine. Pollack, who was nearby in a blue Santa Fe four-by-four, fled. After chasing Pollock for several blocks, authorities appeared to have him surrounded and moved in to make the arrest. To escape, Pollock allegedly drove directly at a District Attorney’s Detective Investigator standing in the street, narrowly missing the detective.  Pollock managed to shake the Detectives during a 100 M.P.H. pursuit over the Verrazano Bridge.  Pollack is still unapprehended, and the District Attorney’s Office encourages anyone with information on his whereabouts to call 1-718-250-2025.  

            Giannakouros, Eid and Kharalah were arrested without incident at their respective auto lots.  

            Between the two rogue dealerships, over half-a-million dollars of drug profits would have been laundered in the proposed deals.  Law enforcement personnel also seized 37 vehicles from the two auto lots.  

Kharalah has been indicted for Money Laundering in the Second Degree, Conspiracy in the Fourth Degree, Falsifying Business Records in the First Degree and other fraud related and tax violation charges.  He faces 5-to-15 years in prison if convicted of the top count.  

Giannakouros, Eid, Pollock and Geritano have been indicted for Attempted Criminal Possession of a Controlled Substance in the First Degree, Conspiracy in the Second Degree, Conspiracy in the Fourth Degree, Money Laundering in the Second Degree and Falsifying Business Records in the First Degree and other fraud related and tax violation charges. If convicted, each of those defendants faces a maximum of 25-years-to-life in prison on the top count.  

                Pollock has also been indicted for Attempted Aggravated Assault on a Police Officer and Reckless Endangerment and related charges.  

Contact:   Sandy Silverstein  
                        718-250-2025

040
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES DECISION REGARDING DEATH PENALTY IN FIRST DEGREE MURDER CASE
 

     Brooklyn, November 17, 2003 . . . Kings County District Attorney Charles J. Hynes announced today that he will seek a sentence of Death in the prosecution of Arthur Kelly, indicted for First Degree Murder and other charges for the killings of Joseph Pizzingrillo, Irene Pizzingrillo, and Ferdinand Benevento on April 26, 2003. 

     Kelly, 64, formerly of 1504 Avenue V, Brooklyn, was charged in a seventeen-count indictment with the intentional murders of Joseph Pizzingrillo, 23, his mother, Irene Pizzingrillo, 42, and Ferdinand Benevento, 19, in front of 1504 Avenue V, Brooklyn, on April 26, 2003. 

     "I have concluded, after review and deliberation, that a sentence of Death is the appropriate punishment to seek in this case," District Attorney Hynes said. 

     This is the ninth First Degree Murder case of eighty-eight Murder 1° cases in which the death penalty was available that District Attorney Hynes has decided to seek the sentence of Death since the capital punishment law took effect on September 1, 1995.  

     District Attorney Hynes has sought the imposition of the death penalty in eight other 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 1° after a jury trial 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 2° and other charges after trial 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 eighth case is presently awaiting trial.

The District Attorney has sought the punishment of Life without Parole in seventy-seven other cases; in two cases, defendants pled guilty and accepted a sentence of life without parole prior to the time in which the District Attorney was required to make his decision. 

     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. 

     Kelly was arraigned on July 16, 2003, and the 120 day period was to have elapsed on November 17, 2003.  

     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. 

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

     The indictment charges that Kelly, on April 26, 2003, intentionally caused the deaths of Joseph Pizzingrillo and Ferdinand Benevento by shooting them to death; both men died immediately from their wounds and injuries. Irene Pizzingrillo was also critically wounded in the attack; she subsequently died from her wounds and injuries on May 20, 2003. The incident took place in the late-morning of April 26, 2003, in front of an apartment building located at 1504 Avenue V in the Sheepshead Bay section of Brooklyn.  

      Kelly is being held without bail, awaiting trial in Supreme Court, Kings County. The case is assigned to the Honorable Anne Feldman of the Supreme Court, Kings County, and the next court date is November 14, 2003. 

      The case is being prosecuted by Senior Trial Assistant Douglas Appel of the Homicide Bureau.  

      A copy of the indictment is available.        

       Contact:   Jerry Schmetterer
                         718-250-2300

041
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT AGAINST CLARENCE NORMAN AND JEFFREY FELDMAN FOR COERCION BY EXTORTION
 

TWO JUDGES TESTIFIED THAT THEY WERE FORCED TO PAY MONEY OR THEY WOULD BE “DUMPED” BY THE PARTY

       Brooklyn, November 18, 2003 --  Kings County District Attorney Charles J. Hynes today announced the indictment of Kings County Democratic County Committee (KCDCC) Chairman Clarence Norman and Jeffrey Feldman, Executive Director of the KCDCC, for coercion by extortion of two candidates for county-wide Civil Court judgeships in 2002.  They are being charged with multiple counts of extortion, Grand Larceny, Attempted Grand Larceny and Conspiracy.   

       In May 2002, district leaders of the Kings County Democratic party met at the Park Plaza Restaurant (with Norman and Feldman present) and voted endorsements for the three county-wide judicial seats for the Civil Court of the City of New York subject to election in 2002.  The district leaders endorsed the re-election of Civil Court Judges Margaret Cammer and Karen Yellen, and the candidacy of Housing Court Judge Marcia Sikowitz.  Soon after, Judge Cammer decided to withdraw from the race, and she was replaced as endorsee by Robin Garson. 

      The indictment charges that in the summer of 2002, there were at least three meetings in which the candidates, along with some of their supporters and consultants, met with Norman and Feldman at their KCDCC offices to discuss their campaigns.  Norman and Feldman set forth a proposal for a joint campaign for the three candidates.  An ambitious program of newspaper ads, mailings, lit. drops, palm cards, and TV ads were discussed, with an estimated price tag of $100,000 to $150,000 per campaign.  Most of the negotiation was between Norman and Feldman on one hand and Yellen’s consultants from The Advance Group on the other.  Ultimately, the KCDCC made a non-negotiable demand of three joint mailings via Branford Communications.  

Although the Advance Group felt it could find a cheaper alternative to Branford, the Yellen campaign agreed to the proposal after Norman allegedly stated that any candidate that did not agree to the Branford mailings would be “dumped” or functionally disendorsed and otherwise not supported by his Party.  The candidates testified that they felt that the Party’s endorsement was very valuable as they had access to a ready workforce, they could provide legal assistance, and they could use the club’s workforce to distribute literature and palm cards on Primary Day, which was all crucial to their campaigns.   

       The agreement by the Yellen campaign to the joint mailings via Branford, upon pain of being “dumped” by the Party, gives rise to the first set of charges against Norman and Feldman: Attempted Grand Larceny in the Second Degree (attempt to extort more than $50,000) and Attempted Grand Larceny in the Fourth Degree (attempt to steal by extortion). 

       Of the three joint mailings agreed to, only one actually took place.  That was in August 2002. The plan for the two additional joint mailings fell apart because Robin Garson successfully challenged the ballot petitions of her opponent (and thus, was assured the nomination for one of the three seats), and Sikowitz simply ran out of money.  The Yellen campaign paid Branford approximately $7,600 for the one mailing.  This payment, resulting from the agreement coerced by Norman and Feldman, is the basis for the second set of charges against Norman and Feldman:  Grand Larceny in the Third Degree (extortion of more than $3,000), Grand Larceny in the Fourth Degree (larceny by extortion), and Coercion in the Second Degree (a misdemeanor coerced under threat of harm to business, calling, career, etc.).  

       The second part of this case concerns Norman and Feldman’s demands that Yellen and Sikowitz fund street operations in central Brooklyn (Norman’s assembly district and adjacent ones), budgeted for $16,000.  This expense did not make sense to either Yellen or Sikowitz, who preferred to focus the use of their limited resources in other parts of Brooklyn.  But here, Sikowitz said she felt bullied.  Norman allegedly threatened that the Party would not do anything on Primary Day for the candidate who did not agree.  Sikowitz agreed, but ultimately never actually paid the money because she simply did not have it.  The Yellen campaign, however, after stalling, paid $9,000 in a check payable to William Boone (a political operative of Clarence Norman Jr.), after Feldman reiterated the demand and threat in early September, on the eve of the Primary.  

       The “central Brooklyn” proposal is the basis for the third and fourth set of charges against Norman and Feldman: as to the Yellen campaign, Grand Larceny in the Third Degree, Grand Larceny in the Fourth Degree, and Coercion in the Second Degree; and as to the Sikowitz campaign, Attempted Grand Larceny in the Third Degree, Attempted Grand Larceny in the Fourth Degree, and Attempted Coercion in the Second Degree. 

       Sikowitz and Yellen lost the Primary on September 10, 2002, to their opponents, Civil Court Judge Margarita Lopez Torres and Housing Court Judge Delores Thomas. 

Crimes: 

Attempted Grand Larceny in the Second Degree, a class D felony, punishable by 2 1/3 – 7 years’ imprisonment. 

Grand Larceny in the Third Degree (two counts), a class D felony, punishable by 2 1/3 – 7 years’ imprisonment. 

Attempted Grand Larceny in the Third Degree, a class E felony, punishable by 1 1/3 – 4  years’ imprisonment. 

Grand Larceny in the Fourth Degree (two counts), a class E felony, punishable by 1 1/3 – 4 years’ imprisonment. 

Attempted Grand Larceny in the Fourth Degree (two counts),  a class A misdemeanor, punishable by 1 year in jail.  

Coercion in the Second Degree (two counts), a class A misdemeanor, punishable by 1 year in jail. 

Attempted Coercion in the Second Degree,  a class B misdemeanor, punishable by 90 days in jail. 

       In addition, conspiracies were charged for each “substantive” crime charged above.  The conspiracy counts are: 

Conspiracy in the Fourth Degree, a class E felony, punishable by 1 1/3 – 4 years’ imprisonment. 

Conspiracy in the Fifth Degree (seven counts), a class A misdemeanor, punishable by 1 year in jail. 

Conspiracy in the Sixth Degree (three counts), a class B misdemeanor, punishable by 90 days in jail. 

Contact:   Sandy Silverstein
                 
718-250-2300

042

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

     Brooklyn, November 25, 2003 -- Kings County District Attorney Charles J. Hynes announced today that he will seek a sentence of life without parole in the prosecution of Edward Pinkney, who was indicted for First Degree Murder and other charges relating to the death of Kawame Buckner on April 3, 2003, in the Williamsburg section of Brooklyn. 

     Pinkney, 26, formerly of 148-20 11th Avenue, Queens, is charged in a sixteen-count indictment with the intentional murder of Kawame Buckner, 23, during an attempted robbery on April 3, 2003, inside of the PJ Split Ends barbershop at 379 Bushwick Avenue. Pinkney is also charged with attempted murder in the second degree, assault, attempted robbery, and criminal possession of weapon charges related to 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 seventy-eighth 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 ninety-six First Degree Murder indictments since September of 1995.  

     District Attorney Hynes has sought the imposition of the death penalty in nine First Degree Murder cases. In three cases, the defendants pled guilty: one defendant 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 1° following jury trials and were sentenced to Life Without Parole after a waiver of their appeal; another defendant was convicted of Murder 2° and other charges after a jury trial and was sentenced to 65 years to life. In the seventh case, the defendant, Darrell Harris, was sentenced to death, but his sentence was remanded after appeal, and he was resentenced to life without parole. Two defendants against whom death notices were filed are currently awaiting trial.

     In three other cases, 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. Five defendants are presently awaiting decision on sentence 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. Pinkney was arraigned on July 28, 2003; the 120-day period was to elapse on November 25, 2003. 

     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. 

     Pinkney is accused of the following charges: Murder in the First Degree; Murder in the Second Degree (three counts); Attempted Murder in the Second Degree; Assault in the First Degree (three counts); Attempted Robbery in the First Degree (four counts) Attempted Robbery in the Third 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 April 3, 2003, Pinkney, attempted to rob Kawame Buckner and other persons inside of a barber shop. During the attempted robbery, Pinkney intentionally caused Kawame Buckner’s death by shooting him; Buckner died as a result of his wounds and injuries. During the robbery attempt, Pinkney also shot a second person, causing serious physical injuries to that victim. The incident took place inside of PJ Split Ends barbershop on April 3, 2003, located at 379 Bushwick Avenue, in the Williamsburg section of Brooklyn.   

     Pinkney 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 January 11, 2004.                  

            The case is being prosecuted by Senior Trial Attorney Anna-Sigga Nicolazzi of the Homicide Bureau. 

            A copy of the indictment is available.

043

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES PRISONER RE-ENTRY CONFERENCE 

SENATOR EDWARD M. KENNEDY TO BE KEYNOTE SPEAKER 

DISTRICT ATTORNEY’S OFFICE’S COMALERT PROGRAM CO-SPONSORS CONFERENCE EXPLORING PRISONER REENTRY INITIATIVES WITH NEW YORK CITY COLLEGE OF TECHNOLOGY AND THE OPEN SOCIETY INSTITUTE 

            Brooklyn, December 1, 2003 – Kings County District Attorney Charles J. Hynes today announced a conference which will explore prisoner re-entry policies.  His office’s ComALERT (Community and Law Enforcement Resources Together) Program is co-sponsoring the “Prisoner Rentry Conference: A New Deal for Justice” conference with the New York City College of Technology and The Open Society Institute.  This conference will explore ways to help formerly incarcerated people re-enter society and adjust to life post-release. 

            The conference is designed to propel prisoner re-entry ideas and investigate new approaches to reinvesting in the economic and civic life of Brooklyn neighborhoods with high incarceration rates.  Fred Beaufait, President of the New York City College of Technology will be the first speaker, welcoming everyone in attendance.  Panelists scheduled to attend include international/national reentry specialists and civic leaders including Rep. Ed Towns and NYC Human Rights Commissioner Patricia Gatling.  Senator Edward M. Kennedy and Kings County District Attorney Charles J. Hynes will be the keynote speakers.  Myrlie Evers-Williams, widow of Medgar Evers and Chairman Emeritus of the NAACP National Board of Directors, will deliver the closing address by video.   

There will be four panels focusing on employment, health, and housing models and the social and economic barriers that people exiting from prison face upon returning home.  The conference will examine re-entry programs and policies and explore justice and civic reinvestment initiatives in Brooklyn for the future. 

            There are over 65,000 people in New York State prisons and over 14,000 in New York City jails.  Almost all of these individuals will be released and return to their home communities in the future.  Research shows that over 40% of the parolees returning to Brooklyn every year are back in prison within three years, either because of an arrest on a new crime or for a technical parole violation.  This recidivist cycle has devastating effects on individuals, their families, their communities, and, of course, public safety.  This conference aims to rectify the problems of this destructive cycle and provide new momentum toward a better future. 

            The Kings County District Attorney’s Office’s ComALERT public safety program was created in 1999 by District Attorney Charles J. Hynes.  The program supports individuals on probation or parole as they re-enter their Brooklyn communities.  Hynes was motivated to implement ComALERT by his philosophy that education, intervention and rehabilitation are as important as traditional law enforcement techniques.  The District Attorney’s Office refers participants to community-based organizations that provide them with job training, job placement, education, housing, mental health and substance abuse counseling.  Collectively, these organizations, and the services they provide, help individuals resist the temptation to return to or continue in a life of crime. 

            ComALERT emphasizes preventing violence over enforcement, prosecution, and incarceration alone. 

WHO:             Kings County District Attorney Charles J. Hynes; Senator Edward M. Kennedy; The Open Society Institute; NYC College of Technology 

WHAT:           Kings County District Attorney Charles J. Hynes co-sponsors Prisoner re-entry conference, which will discuss ways for formerly incarcerated individuals to adapt to crime-free living after imprisonment.  

 

WHERE:        New York City College of Technology
                       
Klitgord Auditorium
                       
285 Jay Street
                       
Brooklyn, NY 

WHEN:          Monday, December 1, 2003 from 8:00 AM – 5:00 PM 

Contact:         Sandy Silverstein
            
            718-250-2300

           

Brooklyn Prisoner Reentry Conference
A New Deal for Justice: Civic Reinvestment

Morning Session                                                                         8:00am to 11:45

Registration, Breakfast & Welcome                                                                               8:00- 9:00am

                        Fred Beaufait, President of School of Professional Studies, New York City College of Technology 

Criminal Justice Mapping Presentation                                        

                        Eric Cadora, The Open Society Institute  

Justice Reinvestment Panel                                       

                        Moderator: Jeremy Travis, The Urban Institute

                                Chauncey Parker, New York State Division of Criminal Justice Services

                                Patricia Gatling, New York City Human Rights Commissioner

                                Michael Jacobson, John Jay College

                                Errol Louis, Pratt Institute for Community and Environmental Development

                                JoAnne Page, The Fortune Society

                                Ed Towns, US House of Representatives

                                Eddie Ellis, Riverside Baptist Church

 

Keynote Address

                                Lance Ogiste, Kings County District Attorney’s Office                

                                Charles J. Hynes, Kings County District Attorney’s Office

                                Edward M. Kennedy, US Senate

 

A New Deal for Justice                                  

                        Susan Tucker, The Open Society Institute

                                Dennis Maloney, The Community Justice Associates

 

Afternoon Session                                                                                     1:15 to 5pm    

Employment Panel                                                                                     

                                Moderator: Bruce Western, Princeton University

                                Henry Buhl, Association for Community Employment- Programs for the Homeless

                                Kevin Costin, Kings County District Attorney’s Office ComALERT Program

                                Robert Carmona, National STRIVE

                                George McDonald, The Doe Fund

                                Ann McDonough, The Osborne Association/South Forty

                                Randolph Peers, Brooklyn Chamber of Commerce

                                Mindy Tarlow, Center for Employment Opportunities

  

Health and Housing Panel                                                      

                        Moderator: Carol Shapiro, Family Justice, Inc.

                                Richard Cho, Corporation for Supportive Housing

                                Sudhir Venkatesh, Columbia University

                                Phillip Hogan, Housing Matters,  Inc.

                                Divine Pryor, NuLeadership Policy Group

                                Anne Swern, Kings County District Attorney’s Office

                                Heather Barr, Urban Justice Center

 

Civic Reinvestment Panel                                                                       

                        Moderator: Todd Clear, John Jay College

                                Andrew Coyle, Centre for Prison Studies at King's College London School of Law

                                Georgianna Glose, Fort Greene SNAP

                                Glenn Martin, The Legal Action Center

                                Christopher Uggen, University of Minnesota

                                John Feinblatt, New York City Criminal Justice Coordinator

                                Shadd Maruna, Cambridge University

                                 

Closing Address                                                                          4:45pm

                    Merle Evers-Williams, Chairman Emeritus of the NAACP National Board of Directors (invited)

 

 

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