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 Mur