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001

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES DECISION
REGARDING DEATH PENALTY IN FIRST DEGREE MURDER CASE
Brooklyn,
January 15, 2004 . . . Kings County District
Attorney Charles J. Hynes announced today that he will seek a
sentence of Death in the prosecution of Troy Hendrix and Kayson
Pearson, indicted for First Degree Murder and other charges for the
killing of Romana Moore along with the kidnapping and sexual assault
of a second victim in late April of 2003.
Hendrix, 19, formerly of 5807 Snyder Avenue, Brooklyn, and
Pearson, 21, formerly of 1056 Ralph Avenue are charged in a twenty-five count indictment with the kidnapping and intentional
murder of Romana Moore, 21, on or about April 26, 2003 in the
basement of the Hendrix family home at 5807 Snyder Avenue, Brooklyn.
A second victim, 15 years old, was kidnapped and sexually assaulted
by both defendants at the same location on April 28, 2003 but was
able to escape and alert authorities.
"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.
These are the tenth and eleventh First
Degree Murder cases of ninety-one Murder in the First Degree 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
nine 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
re-sentenced to Life Imprisonment Without the Possibility of 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.
Hendrix and Pearson were arraigned on July 31, 2003. The
120-day period was extended on consent of all parties and was to
have elapsed today.
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 defendants
backgrounds.
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.
Hendrix and Pearson are accused of the following charges:
Murder in the First Degree (five counts), Murder in the Second
Degree (four counts), Kidnapping in the First Degree (three counts),
Kidnapping in the Second Degree, Rape in the First Degree (4
counts), Rape in the Third Degree, Sodomy in the First Degree (four
counts), Robbery in the First and Second Degrees, and Endangering
the Welfare of a Child.
The indictment charges that on or about
April 26, 2003, Hendrix and Pearson kidnapped, sexually abused, and
tortured Romana Moore before intentionally causing her death by
beating her about the head, face and chest with a blunt object.
A second victim, whose name is being withheld, was sexually
abused on April 28, 2003 by both defendants but was able to escape
and alert the authorities on April 29, 2003. Both crimes were
committed in the basement of the Hendrix family home located on
Snyder Avenue in the Flatbush section of Brooklyn.
Hendrix is being held without bail, awaiting trial in Supreme
Court, Kings County. Pearson is being held without bail in Yonkers,
New York where he has been indicted for attempted assault of a
Yonkers police officer and is awaiting trial in Supreme Court in
both Yonkers and Kings County. The Brooklyn case is assigned to the
Honorable Cheryl Chambers of the Supreme Court, Kings County, and
the next court date is February 3, 2004.
The case is being prosecuted by Assistant District Attorney
Heide E. Mason, Counsel to the Sex Crimes/Special Victims Bureau.
A copy of the indictment is available.
Contact:
Jerry Schmetterer
718-250-2300

002

KINGS COUNTY DISTRICT ATTORNEY CHARLES J.
HYNES ANNOUNCES SENTENCING OF BIOLOGICAL GRANDFATHER FOR RAPING AND
SODOMIZING 8-YEAR OLD GIRL
Brooklyn,
February 3, 2004 -- Kings County District Attorney Charles J.
Hynes today announced the sentencing of Harold Brookins, 50, on
charges of Course of Sexual Conduct Against a Child in the First
Degree and Sodomy in the First Degree for raping and sodomizing his
8-year old granddaughter. He
was sentenced yesterday before Supreme Court Justice Mark Partnow to
25 years for each count to run concurrently.
Brookins was convicted of raping and sodomizing his 8-year
old biological granddaughter while the girls mother, Brookins
daughter, was at work. The
8-year old granddaughter reported these acts to her school guidance
counselor who then alerted authorities.
Brookins was arrested on March 19, 2002 and subsequently was
convicted after a jury found him guilty on November 6, 2003.
The girl and the school guidance counselor both testified at
trial.
Yesterday, the mother appealed to the court and said, I
never foresaw her innocence being ripped away or her smile sealed.
These pains and memories taunt her even in her sleep and
mommy cant take it away.
She further stated I didnt know I was opening my
childrens bedroom door to the demon who lives beneath his
skin.
Senior Trial Assistant District Attorney Yvonne Pritchett of
the Crimes Against Children Bureau prosecuted the case.
Contact:
Sandy Silverstein
718-250-2300
003

KINGS COUNTY DISTRICT ATTORNEY
CHARLES J. HYNES ANNOUNCES
GUILTY PLEAS IN JUDICIAL CORRUPTION SCANDAL
RABBI
EZRA ZIFRANI AND ESTHER WEITZNER ENTER GUILTY PLEAS TO CHARGES OF
CONSPIRACY TO BRIBE JUDGE GERALD
GARSON
Brooklyn,
February 5, 2004 -- Kings County District Attorney Charles J.
Hynes today announces the guilty pleas of Rabbi Ezra Zifrani, 67,
and his daughter, Esther Weitzner, 37, to the charge of Conspiracy
in the Fifth Degree for their roles in the judicial corruption
conspiracy to bribe Judge Gerald Garson.
In a plea agreement reached with prosecutors, Zifrani and
Weitzner will testify against co-conspirator Nissim Elmann to avoid
a sentence of up to one year in prison.
Zifrani and Weitzner confessed today before Justice Steven
Fisher in Supreme Court to delivering $5,000 to Nissim Elmann at his
Brooklyn warehouse with the promise that Elmann would bribe Judge
Garson. The ultimate
goal of their conspiracy was to influence Judge Garson in the hope
that the Justice would render more favorable rulings in Weitzners
child custody case.
Nissim Elmann, a businessman, is currently awaiting
trial on four separate indictments involving allegations of
manipulating the judicial process for personal gain by conspiring
with numerous individuals to bribe Judge Gerald Garson.
Elmann, who is alleged to be at the very center of this
judicial scandal, is also charged with bribing court staff to steer
cases before Judge Garson.
Detectives with the Brooklyn District Attorneys Office
exposed Weitzner, Zifrani and Elmanns bribery scheme by
intercepting numerous telephone conversations through the use of
court-approved wiretaps and undercover surveillance.
As a result of the plea and cooperation agreement, in
addition to testifying against Elmann, Zifrani and Weitzner will
also perform 210 hours of community service and report to probation
for three years. The
next court dates for Defendants Garson and Elmann is March 22nd.
Contact:
Sandy
Silverstein
718-250-2300
004

STATEMENT BY KINGS COUNTY DISTRICT ATTORNEY
CHARLES J. HYNES REGARDING RICHARD NERI INCIDENT
In the early morning hours of January 24, 2004,
Police Officer Richard Neri and his partner, P.O. Jason Hallik,
assigned to the Housing Bureau of the New York City Police
Department, were conducting routine vertical patrol of the Louis
Armstrong housing project in Brooklyn.
As the media reported, Police Officer Neri shot and killed
Timothy Stansbury, age 17.
A Kings County Grand Jury commenced an investigation into the
death of Timothy Stansbury on February 5, 2004.
The Grand Jury heard from witnesses who were with Timothy
Stansbury, forensic witnesses, including the deputy medical examiner
and from both Police Officers Neri and his partner.
Today, the Grand Jury concluded its inquiry.
The Grand Jury returned a No True Bill.
A No True Bill means that the Grand Jury did not find Police
Officer Neri criminally responsible for the tragic death of Timothy
Stansbury.
005
COMMUNITY
RELATIONS PROJECT MANAGER IN THE KINGS COUNTY DISTRICT ATTORNEYS
OFFICE IS NOMINATED FOR HARRIET TUBMAN HUMANITARIAN ACHIEVEMENT
AWARD
TERI
COAXUM RECOGNIZED FOR HER WORK WITH THE COMMUNITY, IMPROVING QUALITY
OF LIFE FOR THE RESIDENTS OF BROOKLYN
Brooklyn, March 12, 2004 --
Teri Coaxum, Project Manager in
the Kings County District Attorneys Community Relations
department was nominated for the 2004 Harriet Tubman Humanitarian
Achievement Award for her role in working with the community.
She will be awarded at the third annual awards ceremony on
March 13th in Albany.
The award recipients are being recognized for their tireless
devotion in providing service to the poor, the powerless, and the
persecuted of society.
The Harriet Tubman Humanitarian Achievement Awards Jubilee,
Inc. recognize New York State women who embody the spirit of
courageous abolitionist Harriet Tubman who led over 300 slaves north
to freedom through the Underground Railroad.
To preserve the memory of Tubman, a bill was introduced to
establish March 10th as an official state holiday in her
honor. The humanitarian
awards provide an opportunity to show New Yorkers that the selfless
and the compassionate are not inhibited in a society shrouded by
evil and immorality.
Teri,
32, has been working for the District Attorneys Office for six
years where she works hard to empower Brooklyn through her
commitment to community and human services.
In her position, she addresses the needs of many of the
residents of Brooklyn by connecting them with innovative programs
and services necessary to improve their quality of life. She
successfully coordinates community agencies, organizations, churches
and elected officials in major initiatives such as ComALERT
(Community and Law Enforcement Resources Together) a district
attorney program that assists probationers and parolees in getting
jobs, training and education, piloted in Crown Heights and Bedford
Stuyvesant under Teri's coordination.
Teri
often goes beyond the call of duty teaching seniors safety tips,
co-mediating cases at Crown Heights Mediation Center, organizing
community programs, planning and coordinating college and career
fairs, cleaning blocks, facilitating community meetings and
participating in panel discussions.
Under the guidance of District Attorney Charles J.
Hynes, Teri created, organized, and planned Youth Speak Outs, a
program designed to empower young people to choose positive
alternatives to violence. She actively engaged in assisting in the
training and development of a youth leadership team, a group of over
one hundred young people, who facilitated and moderated the
empowerment sessions throughout Brooklyn. During the speak outs,
young people are encouraged to openly voice issues and concerns that
are addressed by agencies present at the session, thus helping young
people resolve problems and issues without resorting to depression
and/or violence. The speak outs developed and shaped a community
partnership that led to a successful Silence the Violence Youth
Conference.
Teri also volunteers in community youth and senior activities
such as feeding over 2000 seniors on Thanksgiving and Christmas,
delivering boxes of food to needy families and serving hot meals to
the homeless. She is
also a lifetime member of the NAACP and she serves on several
committees including the John Jay College of Criminal Justice Alumni
Association and the Caribbean American Chamber of Commerce.
District Attorney Hynes said, Teri Coaxum, for years, has
shown great sensitivity to our communities and we are very proud of
the work she has done and will continue to do.
Teri will be honored on Saturday, March 13th, 2004
at 11:00 AM at the Lewis A. Swyer Theatre located inside of Empire
State Plaza in Albany, New York.
Contact:
Sandy Silverstein
718-250-2300
006
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES GUILTY PLEA IN
FIRST DEGREE MURDER CASE
March 19, 2004 . . .
Kings County District Attorney Charles J. Hynes announced today that
Albert Clarke, 41, has entered a plea of guilty to the intentional
murders of a mother and daughter in the East New York section of
Brooklyn. On October 26, 2003, Beverly Harrison, 43, and her
daughter, Tove James, 11, were both found with their throats slit
and multiple stab wounds inside of the apartment they had shared
with the defendant at 450 Logan Street, Brooklyn. When sentenced on
April 23, 2004, Clarke will be required to serve the remainder of
his life in prison without the possibility of parole. Clarke has
also waived all rights to appeal the conviction and sentence.
Clarke, 41, former roommate of Harrison,
had been charged in a nine-count indictment with the intentional
murders of Harrison and James, inside of the shared apartment at 450
Logan Street. In addition to fully admitting that he committed the
murders, Clarke indicated in both written statements to police and
during a videotaped interview conducted by assistant district
attorneys at the time of his arrest on October 26, 2003, that he had
killed Harrison following a dispute over an electric bill amounting
to less than three dollars, and then killed James.
Clarke had been indicted for two counts of
Murder in the First Degree, charging him with the intentional
killing of the two victims during the same criminal transaction
under Penal Law § 125.27(1)(a) (viii), two counts of Murder in the
Second Degree for the intentional killing of both victims, two
counts of Murder in the Second Degree for the depraved indifference
killing of both victims, and three counts of Criminal Possession of
a Weapon in the Fourth Degree for the knives used in the attacks.
Clarke entered guilty pleas today before
the Honorable Justice Alan Marrus. He pled guilty to both counts of
Murder 1° and the two counts of intentional Murder 2°. He has been
promised a sentence of Life Without the Possibility of Parole on the
counts of Murder 1°, and sentences of 25 years to Life on the
Murder 2° counts. Each 25 year to Life sentence will be served
consecutively to one another, totaling 50 years to Life concurrent
to the Life Without Parole.
Clarke's pleas were entered less than five
days before the expiration of the statutory period within which the
District Attorney could have filed a notice of intent to seek the
death penalty as punishment for these crimes, which would have
expired on March 23, 2004.
District Attorney Hynes said, "I am
satisfied that this disposition and waiver of appeal guarantees that
Albert Clarke will spend the rest of his natural life in prison for
these horrific and unspeakable crimes. The plea also provides swift
and final justice, and eliminates any additional trauma for the
surviving family members of the victims, who were consulted and have
supported my decision in this case."
The case was prosecuted by Deputy Bureau Chief Kyle C. Reeves
and Senior Trial Attorney Stephen J. Murphy of the Homicide Bureau.
A copy of the indictment is available.
Contact:
Sandy Silverstein
718 250-2300
007
STATEMENT
BY KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES IN RESPONSE TO
BRENNAN CENTER LAWSUIT FILED IN EASTERN DISTRICT TO REFORM SUPREME
COURT SELECTION SYSTEM IN NEW YORK STATE:
The Brennan
Center for Justice at NYU School of Law should be commended for
challenging a process where party leadership determines who becomes
a Supreme Court Justice through an election system that is a
sham.
Recent events in Kings County have resulted in a lack
of public confidence in the courts ability to dispense justice
impartially and fairly.
My office has been conducting an ongoing investigation into
judicial corruption and in preliminary findings, there is clear
evidence why the Judicial District Convention method of electing
State Supreme Court Justices should be eliminated.
Voters, irrespective of party affiliation, simply have no say
in the choice for those nominated for the office of Justice of the
State Supreme Court, and since the choice is made for them by
political leaders, the voters are unjustly disenfranchised.
Any suggestion that the office of the State Supreme Court is
an elective office where the citizen has an unfettered right to vote
is an illusion.
008
TOP CHARGE IN
GARSON CASE UPHELD
VIDEOTAPE
NOT SUPPRESSED
Supreme
Court Justice Steven Fisher today upheld the most serious charge
against Judge Gerald Garson, bribe receiving in the third degree,
which carries a maximum sentence of seven years in prison.
Justice Fisher also upheld a misdemeanor count of official
misconduct and a misdemeanor count of receiving unlawful gratuities.
In the same decision, handed down today in Brooklyn Supreme Court,
Justice Fisher also denied Judge Garsons motion to suppress
eavesdropping and video surveillance evidence, which Kings County
District Attorney Charles J. Hynes intends to use in the prosecution
of Judge Garson.
At the same time, Justice Fisher dismissed six felony counts of
receiving reward for official misconduct in the second degree and
two misdemeanor counts of official misconduct.
In his decision, Justice Fisher acknowledged that the issues
regarding the counts of receiving reward for official misconduct
are not free from doubt and present close questions
of law.
District Attorney Hynes said his office would appeal the ruling
dismissing those counts.
It is our opinion that review of this issue by an appellate court
is essential to clarify when a judge may be criminally prosecuted
for accepting benefits for having violated his duty as a public
servant, and it is our intention to appeal Justice Fishers
order, said District Attorney Hynes.
Justice Fisher dismissed the counts of receiving reward for official
misconduct in large part based on a 1979 decision of the Court of
Appeals in the case of People v. La Carrubba. In that case, a
judge was charged with the crime of official misconduct for
dismissing a traffic case against a friend, but was not accused of
accepting any benefits for doing so.
The charge of official misconduct in La Carrubba was based on a
violation of the Code of Judicial Conduct. The Court of Appeals
reversed the conviction, holding that the Code of Judicial Conduct
could not be used to define a crime.
In the case against Judge Garson, the judge is charged with
receiving benefits for having violated the Rules of Judicial Conduct
in two ways. First, he accepted a benefit for giving ex
parte advice to a lawyer about a case on trial before him.
Second, he received compensation for lending the prestige of his
office to advance the private interests of that same lawyer by
referring clients to him.
Judge Garsons conduct is far more serious than the conduct at
issue in La Carrubba, because Judge Garson, unlike the judge in La
Carrubba, accepted benefits for his improper conduct. Moreover,
unlike the judge in La Carrubba, Judge Garson had a duty under the
New York State Constitution to comply with the Rules of Judicial
Conduct, and by failing to do so, Judge Garson violated his duty as
a public servant.
Contact:
Jerry Schmetterer
718-250-2300
009
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES ARRESTS IN REAL
ESTATE SCHEME TAKEDOWN
OPERATION
DIRTY DEEDS VICTIMS BILKED OUT OF OVER
$5 MILLION DOLLARS
Brooklyn, May 6, 2004
-- Kings County
District Attorney Charles J. Hynes today announced the arrests of
five individuals for their roles in a multi-million dollar real
estate scheme in which they first bilked victims out of their homes
and then sold those homes to victims who believed they were buying
legally owned property. The
double edge scheme came to light when a victim complained to DA
Hynes Rackets Bureau. The
investigation which eventually led to more than 30 stolen homes was
dubbed Operation Dirty Deeds.
The alleged ringleader Maria Leyna Albertina and her husband
Raymond Albertina, who has a criminal record for a RICO drug
trafficking conviction, were arrested last night on multiple counts
of Grand Larceny. Other
individuals arrested in this major takedown were David Carter, Alex
Saget, and Cheryl Nurse.
Maria Leyna Albertina is charged with multiple
counts, including Grand Larceny in the first degree. If convicted of the top charge, she faces up to 25 years in
prison.
Raymond Albertina, David Carter, Alex Saget and
Cheryl Nurse are charged with multiple counts including Grand
Larceny in the Second Degree. If
convicted of the top charges, they each face up to 15 years in
prison.
The defendants engaged in a variety of schemes over the
course of three years in which they stole properties in New York
City by forging the names of the true owners or heirs, and forging
notary stamps and signatures. Maria
Leyna Albertina would then flip or sell these stolen
properties to unsuspecting buyers.
The defendants made it seem more convincing by producing
numerous forged documents to bring to closings.
They would even employ imposters to appear and pose as the
actual owners or heirs.
Albertina targeted homes that appeared on the pending
foreclosure list issued
by
JER Revenue Services, the corporation that services the real estate
tax liens for New York City. She chose homes that were close to being auctioned by the
city as they presented the lowest probability that the actual owners
would discover the fraud. The
homeowners had no idea that their homes were being stolen from them.
It is difficult to estimate the amount of loss to the victims
in deed fraud cases because every subsequent sale based upon the
forged deed is null and void. Someone
such as Albertina sells the stolen house to an unsuspecting buyer.
Then, that buyer could sell it a week later for much more to
a renovator who may make improvements and sell it again.
Hence, a buyer months or years down the line would pay a lot
more money for a home that he/she does not even own.
The sheer volume of homes in this case seriously compromises
the integrity of real estate transactions in Kings County and the
entire New York City market. The
presence of many forged deeds undermines public trust in the real
estate industry and increases the insurance and mortgage costs that
legitimate homeowners pay every day.
District Attorney Hynes said, It is incredible that these
individuals were able to operate this scheme for as long as they
did. This greed not
only impacts the victims who spent their hard-earned savings to buy
new homes or the homeowners who lost their homes, but it also
affects the entire state. It
costs the taxpayers and the insurance companies, and it will make
future home purchases even more expensive.
Individuals who attempt these crimes will learn that these
fraudulent schemes will not go undetected.
In total, Albertina stole over $5 million from unsuspecting
buyers, including over one million from a single individual.
Those figures are just a fraction of the price that her
crimes will cost the people of the State of New York.
For instance, title insurance companies will absorb tens of
millions of dollars in claims, the costs of which will be passed on
to future homebuyers.
Financial investigators discovered that Albertina used the
proceeds to build a multi-million dollar dream home, bought a boat,
made improvements to their upstate farm, bought a tractor, an ATV,
personal vehicles, and tens of thousands of dollars in retail
purchases from stores such as Luis Vuitton and Coach.
During the periods of the larcenies, the Albertinas did not
hold regular jobs and neither has filed personal nor corporate
income tax since 1999. Much
of the proceeds of the illicit activities have been seized by the
Kings County District Attorneys Office including the boat.
The case is being prosecuted by Senior Investigative Attorney
Peter L. Zanolin of the Rackets Division.
He headed a team that included Supervising Financial
Investigators Vincent Verlezza and Neil Gillon, and Detective
Investigators Robert Intartaglio and Dave Reilly. Michael F. Vecchione is Chief of the Rackets Bureau.
Contact:
Sandy Silverstein
718-250-2300
010
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES HONORS OUTSTANDING LAW
ENFORCEMENT OFFICERS FOR THEIR ACCOMPLISHMENTS
HONOREES
RISK THEIR LIVES BY SAVING OTHERS
LIVES, DODGING BULLETS AND MAKING DARING
RESCUES IN BURNING INFERNOS
Brooklyn, May
10, 2004 Kings
County District Attorney Charles J. Hynes today announces the
recipients of this years Law Enforcement Appreciation Awards. He honors 22 outstanding law enforcement officers from the
New York City Police Department, the New York City Fire Department,
New York State Supreme Court, Kings County District Attorneys
Office and the Bridge and Tunnel Officers Benevolent Association.
They will be awarded at a special breakfast ceremony on May
10 at 8:30 AM at the Brooklyn Marriott Hotel located at 333 Adams
Street in Brooklyn. Juliet
Papa from 1010 Wins will be the emcee of this years event.
This marks the 14th annual Law Enforcement
Appreciation Awards where we recognize the outstanding
accomplishments and dedication to these law enforcement officers who
make the rest of our lives safer.
Many of them risk their lives to help others, whether its
engaging in gun battles, entering burning buildings or dealing with
dangerous criminals. This
is just everyday life for these officers who demonstrate courage,
valor and selflessness. They
also demonstrate an admirable work ethic and dedication to their
jobs. These award
recipients are the top officers in their line of work and they set a
standard for all other
law enforcement officers. The
work of many of these honorees is not at the end of their shift. They contribute their time and effort to the community,
helping those who are less fortunate.
These officers should be praised, and we are proud to have
these brave men and women representing Brooklyn, said District
Attorney Hynes.
Among this years award recipients are:
New
York State Supreme Court Sergeant Ray Butler Sgt. Butler has been a Court
Officer with the NYS Kings Supreme Court since 1983. He was promoted to sergeant in 1991. Ray has not only demonstated exemplary work in the courts,
but he has contributed a lot of his time and energy to helping the
community. Every July
for the past four years, Ray has sponsored a child from Northern
Island through a group called the Irish Political Prisoners
Childrens Holiday. In
addition, Ray and several other officers collect toys for needy
children at Christmas time and distribute them to local charities.
Ray also helped a little 3-year old girl with an
underdeveloped left leg when her walker was stolen.
He took it upon himself to get her a new walker and lots of
toys that he collected at Christmas.
Lieutenant
James Woods
Lt.
Woods, from the Community Affairs Unit Patrol Borough Brooklyn
South, a life-long Brooklyn resident, began a stellar police career
in 1981. Throughout his career, he has made many arrests and
received numerous rewards for acts above and beyond the call of
duty. He has also trained many new officers, reflecting his
superior leadership skills. He was promoted to his current
position in the 61st Precinct in 1994. He became one of the
citys first Special Operations Lieutenants(SOL). The SOL is
responsible for supervising and coordinating the commands
specialized personnel. In the course of his tenure as SOL of
the 61st Precinct, the precinct saw the largest three-year drop in
overall crime for the entire city. Lt. Woods was known for his
problem solving skills. He has made many important community
contacts over the years which led to his appointment as Borough
Community Affairs Commanding Officer. In this role, he
coordinated many events including the Memorail Mass and the West
Indian Day Parade. After the Sept. 11 tragedy, Lt. Woods took
charge of special commemorative events in Brooklyn South such as the
Spiritual Gathering at the Brooklyn Tabernacle and holiday parties
for the victims families.
Police
Officer Steven Weiss Officer Weiss, currently assigned to the 67th
Precinct Conditions Unit, effected a total of 127 arrests for the
year of 2003, including five arrests for illegal firearms.
He has also effected several felony arrests for narcotics
possession, several arrests involving stolen vehicles, and an
off-duty robbery arrest in which the suspect was also wanted in New
Jersey for Attempted Murder. He
was involved in uncovering a large CD/VHS/DVD counterfeiting ring in
which five people were arrested and over 60,000 counterfeit tapes
were confiscated along with over 100 pieces of equipment used to
produce the counterfeit recordings. Officer Weiss has also made numerous arrests for quality of
life offenses, which directly improved the safety of the community.
Police
Officers Michael Kelliher and Jose Ortiz These two officers from the 69th Precinct made a courageous
rescue on June 17, 2003, which demonstrated true heroism.
They responded to a radio call of a suicidal man jumping into
the water at the Canarsie Pier. He changed his mind about killing himself, but he was already
drowning in the turbulent water.
Officer Ortiz held onto a pier railing with one hand and held
Officer Kellihers leg with the other hand as Officer Kelliher
hung down into the water to rescue the victim.
Officer Kelliher managed to grab the mans hand and pull
him to safety. What
made the rescue even more dangerous was that the officers were
wearing their gun belts which would have weighed them down if they
had fallen into the water. They
risked their own lives to save another mans life.
Sergeant
Robert O. Stapleton, Detective Edwin Cesario and Officer Nigel Paul
On November 19, 2003, these officers helped a female nurse who
was being held hostage by a psychiatric patient at Long Island
College Hospital. Officer Paul heard the commotion and requested assistance.
The patient gained access to a pair of scissors and held them
to the neck of the nurse. Officer Paul quickly isolated the patient and Sgt. Stapleton
and Det. Cesario began a dialogue with him, eventually persuading
him to release the nurse and give up the scissors.
The patients then surrendered and nobody was injured. These officers deserve to be commended for defusing this
dangerous situation by placing the well being of the nurse and
patient before their own.
Police
Officer Anthony Ward In
a highly publicized incident on September 2, 2003, Officer Ward
stopped an attempted rape in Prospect Park.
He observed an unattended bicycle on a path and instinctively
investigated the scene. He
then observed a male named Bennie Hogan on top of a woman, severely
beating her. He called to the perpetrator to stop him, and the perpetrator
fled. Ward radioed for
assistance and chased after Hogan.
He apprehended this violent man before assistance arrived.
He tackled the suspect and held him until more officers
arrived at the scene. The
victim was severely beaten, her head was swollen, her jaw was
broken, and she was temporarily blind in one eye.
The perpetrator also threatened to rape the woman. Hogan
stopped a rape and quite possibly saved this womans life.
Bridge
& Tunnel Officer Louis Sanseverino Officer Sanseverino is a life-long
Brooklyn resident who has distinguished himself early in his career
by serving the people of Brooklyn at the Verrazano-Narrows Bridge,
ensuring their safety. He
has a keen eye in the ongoing fight against drunk drivers.
In 2003, he effected 19 DWI arrests.
Without Officer Sanseverino, there would be more drunk
drivers on the road, making it dangerous for other vehicles and
pedestrians. We thank
him for making our streets safer.
Lieutenant
Bill Seidenstein Lt.
Seidenstein, from the Kings County District Attorneys Office
Squad, started his career with the NYC Police Department in 1966. He was transferred to the Brooklyn D.A. Squad in 1969 and was
promoted to Detective in 1971.
In 1972, he was promoted to Sergeant and served in the Public
Morals Division of the Organized Control Bureau.
In 1974, he was transferred back to the Brooklyn D.A. Squad
and in 1980, he was promoted to Lieutenant.
In 1989, Bill was promoted to Lieutenant Commander Detective
Squad. Bill also served
in the U.S. Navy where he served as an Agent with the Naval Criminal
Investigative Service (NCIS). He
was assigned to force protection/counter-terrorism duties throughout
the Middle East, Europe and Africa.
He retired from the Navy in 2001 as a Commander, the
highest-ranking position in the Navy law enforcement community.
Bill served more than 30 years as a member of the DA Squad
where he has been involved with countless investigations that have
led to the arrest, conviction and incarceration of numerous
defendants for serious criminal offenses.
Detectives
Dino Anselmo, Brian Latimore and Edward Vasquez These three Brooklyn detectives from the 75th
Precinct risked their lives to save others in a burning building.
On September 23, 2003, the detectives were driving back to
the precinct when they saw smoke coming from a three-story building.
Even though it is not their duty to respond to fires, they
took it upon themselves to make sure that nobody was left in the
building. The stairs
and hallways were filled with smoke.
But, the detectives put themselves in danger and went into
the burning building, rescuing a four-year old girl and several
adults. After the
rescue, the detectives finished their shifts.
These heroes were recognized by the Police Honor Legion for
their courageous feat.
Supervising
Detective Investigator Ted Sica Ted, a life-long Brooklyn resident, joined the District Attorneys
investigative staff in 1998 after a stellar 28 year career with the
NYPD. During his career
with the NYPD, Ted compiled 43 medals, including the police combat
cross. Upon joining the
District Attorneys staff, Teds experience was invaluable in
mentoring many of the young investigators in the Trial Division.
Ted was eventually assigned to the Sex Crimes Bureau and the
Crimes and Children Bureau due to his background in the area of
Special Victims. He
received the highest accolades from both the investigative and legal
staff and was directly responsible for some of the most highly
sensitive cases. Accordingly,
Ted was promoted to the rank of Supervising Detective Investigator
in July, 2001. Ted also
gives back to the community. He
teaches baseball to young kids.
Teds dedication to law enforcement and the community is an
example to all.
Firefighters
Keith Young and Richard Whalen These two firefighters rescued an 80-year old woman who has poor vision
and relies on the use of a walker, from an inferno in the Midwood
section of Brooklyn on May 13th, 2003.
Firefighter Keith Young, blinded by the black smoke in the
apartment building, crawled inside and found the woman lying
unconscious in her living room.
He was joined by Firefighter Richard Whalen.
They both then proceeded to carry the woman down two flights
of stairs to safety. Keith
and Richard demonstrated great valor in saving another persons
life.
Police
Officers Peter Garrido and Daniel Perez On May 22nd, 2003, while
patrolling a robbery-prone location, the officers from the 77th
Precincts Anti-Crime Unit noticed a suspicious man following
people in and out of commercial and residential establishments.
They approached the perpetrator and identified themselves, at
which time the perpetrator reached into his waistband.
Officer Garrido began wrestling with him for possession of
the firearm while Officer Perez attempted to restrain the
perpetrator. In the
process, Officer Perez suffered a broken hand.
Officer Garrido successful disarmed the perpetrator, but he
shot Officer Garrido twice with a second firearm.
Officer Garrido still managed to discharge several shots with
the perpetrators original gun, hitting the perpetrator several
times. Officer Perez
moved his injured partner to a secure location, then pursued and
apprehended the fleeing perpetrator. The
heroic actions of Officers Garrido and Perez resulted in the
apprehension of a dangerous, violent criminal.
Police
Officers Michael Marinello and Sandra Ferguson On March 12, 2003, the officers assigned to the PSA 2
Domestic Violence Unit responded to a call on St. Marks Avenue to
evict an unwelcome tenant from an apartment on the request of the
lease holder. The
tenant let the officers in his apartment, but when he was told that
he had to leave, he became violent and combative.
The officers drew mace and attempted to subdue the man.
He then fled into the kitchen where he had a large pit bull
in a cage. He releases
the dog and ordered him to sic the officers.
Officer Ferguson, in fear for her safety and the safety of
others in the building, shot the dog.
At this time, Officer Marinello and the tenant began to
violently struggle as the Officer felt a tug at his gunbelt.
The struggle continued into the hallway and down the
staircase from the 13th floor to the 10th
floor. At that time,
Officer Marinello noticed that the man had a gun in his hand and he
realized it was the firearm that was missing from his gunbelt.
Officer Marinello screamed out to Officer Ferguson who
discharged her weapon striking the assailant in the right side of
his back, ending the struggle.
These officers demonstrated excellent police work.
They risked injury to subdue this violent attacker and make
the arrest.
Fire
Marshal Thomas Kane Fire
Marshal Thomas Kane has done excellent work during his tenure with
the Bureau of Fire Investigation for the NYC Fire Department.
He is a 14-year veteran of the NYC Fire Department, serving
four years with the NYPD prior to his appointment.
He is currently assigned to the City Wide Special
Investigations Unit. He
has done great work putting out fires, but it is his efforts to help
victims in the community affected by these fires that really make
him stand out. He was
the lead investigator of two recent investigations in Brooklyn,
which demonstrate his superior skills and his immense value to the
NYC Fire Department. One
of those incidents occurred on August 24, 2002, when a fire broke
out at Marine Park Junior High School.
The fire caused extensive damage.
As a result, five civilians were hospitalized.
Fire Marshal Kanes efforts in this investigation resulted
in an arrest and conviction for arson.
Also, on October 4, 2003, a 3rd alarm fire
destroyed several fully occupied dwellings and commercial
establishments including a synagogue in the Williamsburg section of
Brooklyn during the Yom Kippur holiday.
This fire left eight large Hassidic families without homes on
the most solemn Jewish holiday.
This highly publicized fire sent shock waves throughout the
community. Fire Marshal
Kane worked tirelessly throughout the course of this investigation,
leading to the arrest and indictment of two individuals responsible
for the arson. Fire
Marshal Kane continues to handle high profile , long-term
investigations. His
dedication to duty has made Brooklyn a safer place in which to live
and work.
Contact:
Sandy Silverstein
718-250-2300

011
Kevin
Costin, CSW, Director of the ComALERT Program at the Brooklyn DAs
Office, recipient of the Linda Mills Memorial Award for Community
Service
Robert
Dennison, Chairman of the New York State Parole Board, and Anthony
Ellis, the Executive Director of New York State Division of Parole
announced Kevin Costin, CSW,
Director of the ComALERT Program at the Brooklyn DAs Office, as
this years recipient of the Linda Mills Memorial Award for
Community Service. The annual award acknowledges the work of
individuals and/or collateral agencies that have rendered valuable
service to the New York State Division of Parole. Mr. Costin will be
honored at a luncheon on June 3, 2004 in Saratoga, NY.
ComALERT is the first district attorney sponsored
prisoner reentry initiative in the country and Mr. Costin its only
Director since its inception in October 1999.
ComALERT seeks to help Brooklyn-bound ex-offenders stay clean
and sober, get and hold jobs while stabilizing other areas of their
lives. The program provides substance abuse treatment, employment
training and placement, and on-going reentry services for up to a
year. ComALERT, which serves 200 parolees annually, promotes
self-sufficiency, and seeks to motivate its clients to gain
employment, and maintain crime and drug-free lifestyles.
Costin is also an adjunct professor for the Human
Services Department of New York City College of Technology (CUNY).
Prior to working at the DAs Office, Costin served as the
Community Project Director for Builders for Family and Youth of
Brooklyn. A native of Nahant, Massachusetts, Costin was employed as
Education Director for The Boston Living Center, an HIV/AIDS
community-based organization, and The Massachusetts Bay American Red
Cross, where he received a national Red Cross award, The Ten by
Ten, for innovative service collaboration with the Americorps
program, City Year. He currently serves on the Board of Directors
for Fort Greene SNAP and Housing Matters Inc. of New York, where he
is Chairman. Costin received a Bachelor of Arts degree from Harvard
University and was awarded the Harvard Loeb Scholarship for
post-graduate studies. Costin received his Masters of Science in
Social Work from Columbia University and is licensed to practice
social work in New York State. He is a Brooklyn resident.
012
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES AND POLICE COMMISSIONER
RAYMOND W. KELLY ANNOUNCE 147 COUNT INDICTMENT IN MAJOR NARCOTICS
TAKEDOWN
DISTRICT ATTORNEYS
OFFICE WORKS TOGETHER WITH NYPD TO TAKE DOWN 43 INDIVIDUALS
TERRORIZING A COMMUNITY
CRACK AND VIOLENCE
PLAGUED INGERSOLL HOUSING COMPLEX
DEALERS BOASTED TO COPS WE
RUN THIS PROJECT
Brooklyn, May 20, 2004
-- Kings County
District Attorney Charles J. Hynes and Police Commissioner Raymond
W. Kelly today announced the indictment of 43 individuals as a
result of an extensive investigation into drug trafficking in the
Ingersoll Housing Complex in the Fort Greene section of Brooklyn.
The investigation was initiated after numerous shootings in
this area as well as many reports of drug trafficking.
Investigators found that there was a major drug problem in
this housing complex dating back to 2000.
Thirty-nine
of the defendants are charged with Conspiracy in the First Degree.
Four of the defendants who were under 18 are charged with
Conspiracy in the Second Degree.
Defendants also face charges including Criminal Sale of a
Controlled Substance, Criminal Possession of a Controlled Substance,
Attempted Murder and Perjury. The
defendants over the age of 18 face a maximum penalty of 25 years to
life in prison. The
four defendants under 18 face a maximum penalty of 8 1/3 25
years in prison.
In February of 2003, investigators from the 88th
Precinct Detective Squad and the Brooklyn North Narcotics Division
of the New York Police Department reported numerous incidents of
violent activity taking place at the Ingersoll Houses.
They asked the Kings County District Attorneys Office to
get involved, due to their success in the Cypress Hills takedown in
2002. The District
Attorneys Offices Major Narcotics Bureau, working together
with the NYPD, set up 72 undercover narcotics buys involving 19
members of the drug-dealing organization.
Further investigation revealed that there were several
violent drug organizations working together to control the
Development. They were
selling more than $1 million of crack cocaine a year.
These drug traffickers used threats and violence to keep
control and increase their profit.
These crews would also use juveniles to further their drug
operation. A number of
previously unsolved shootings have been linked to this organization.
The drug crews bragged that they controlled the neighborhood.
On one occasion, a defendant told a police officer, You
dont run things here. We
do.
Residents in the neighborhood feared for their lives.
They were basically a community held hostage and were increasingly
at risk.
Over seven ounces of crack cocaine were recovered as
well as two firearms and a bulletproof vest.
This takedown is similar to the major narcotics takedown in
Cypress Hills in October, 2002.
That takedown also involved the DAs Offices Major
Narcotics Bureau working together with the NYPD to infiltrate a
violent and drug-infested housing development where several drug
crews worked together and held control of the area.
The investigation utilizing historical evidence and
undercover police work resulted in the indictment of more than 50
people. As a result,
less than two years later, the area is much safer and residents do
not have to worry about walking around their own neighborhood in
fear.
District Attorney Hynes said, This was a very dangerous
housing complex. Our
office and the NYPD did an excellent job in taking these offenders
down. Our goal is to
clean up this area and make it safe just like we did with the
Cypress Hills Housing Complex.
The top priority was to get these dangerous individuals off
the street.
New York City Police Commissioner Raymond W. Kelly said, New
York City Police Officers have given their lives getting guns and
narcotics off the streets. In this case, undercover officers were
responsible for making 72 narcotics buys from 19 suspects who were
also suspected of involvement in attempted homicides and
shootings.
Suzanne M. Corhan, Chief
of the Major Narcotics Investigations Bureau and First Deputy Bureau
Chiefs Hilda Mortensen and Lawrence Oh will prosecute the case.
Harvey Casper is also Chief of the Major Narcotics Bureau.
Contact:
Sandy Silverstein
718-250-2300
013
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES HONORS GRADUATES OF
BROOKLYN DRUG TREATMENT ALTERNATIVE-TO-PRISON
(DTAP) PROGRAM
Prosecutor-run
diversion program offers new lease on life to non-violent,
drug-addicted predicate felony offenders
Brooklyn, May 25, 2004 Kings County District Attorney Charles J. Hynes
today honored 82 graduates of his Drug Treatment
Alternative-to-Prison (DTAP) program in the ceremonial courtroom of
Borough Hall in Downtown Brooklyn.
Dean The Dream Meminger, former New York Knicks
basketball star and currently head coach of mens basketball at
Manhattanville College, delivered the keynote address. Mr. Meminger spoke of
his own battle with drug addiction, the terrible toll it had taken
on his family and career, and his commitment to encouraging other
addicts to seek and complete life-saving substance abuse treatment.
District
Attorney Hynes created DTAP in 1990.
This diversion program,
which is recognized, as one of the nations 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 that will be
imposed on the defendant in the event of treatment failure.
The length of treatment is usually about 24 months.
DTAP, which is now in its 14th year of
operation, has substantially lowered the recidivism rates of its
graduates, while at the same time, generating enormous cost savings
to New York State. Over
750 participants have completed treatment, and this diversion has
resulted in over $29 million in economic benefits.
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
these penalties do 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 82 graduates this year, 93% are men and 7% are women.
Their average age is 39; the oldest graduate is 74, and the
youngest is 23. Sixty-one
graduates are employed, the remainders are in training, seeking
employment or physically disabled.
Their jobs are varied and include commercial driving, building maintenance/custodial work, warehouse work,
electrical work, plumbing, carpentry/cabinetmaking, construction,
cooking, haircutting, mechanic/appliance repair work, counseling,
clerking, sales, and customer/human service.
The majority of the class lives in Brooklyn, but there are
graduates living in the other four New York City boroughs as well.
Over two-thirds of the graduates (78%) have children. On average,
the graduates had eight prior arrests before entering treatment.
Their drug of choice included crack, powdered cocaine,
ecstasy, marijuana, and heroin, and several graduates used a
combination of drugs. For
over half of the graduates (53%), heroin was the primary drug used.
These DTAP graduates received treatment
at a number of residential therapeutic communities, including
Samaritan Village, Phoenix House, Daytop Village, Odyssey House,
Veritas, J-Cap, Promesa, Serendipity, Damon House, Aurora Concept,
Narco Freedom, Argus Community, Pride Site, Rivington House, Robert
Mapplethorpe, and Su Casa.
Following Mr. Memingers keynote address, two of this
years graduates, Ada Rodriguez and Robert Erskine, addressed the
audience, recounting their stories of addiction and recovery.
The president of the DTAP Alumni Association, Frederick
Cohen, then presented the Alumnus of the Year award to Hector
Jaramillo, a 1998 DTAP graduate. Mr. Jaramillo, Ms. Rodriguez, and Mr. Eriskine will all be
available for comment.
Hector Jaramillo, born and raised in Puerto Rico, began
injecting heroin when he was just 16 years old, imitating the
prostitutes and drug addicts in the rough neighborhood where he
lived with his mother. He
dropped out of school and started dealing drugs to support his
habit. First landing in
jail when he was 21 years old, he ended up doing time in Puerto
Rico, as well as in federal prison.
He came to New York, and in short order, was also arrested
and convicted for drug sale. With
no control over his addiction, Mr. Jaramillo would immediately
return to using heroin every time he was released from prison.
By the time he was arrested in 1996 for a heroin sale in
Brooklyn, he was exhausted by the cycle of drugs, crime, and
incarceration. He
eagerly accepted the District Attorneys offer to enter DTAP, and
started receiving intensive treatment at Phoenix House, confronting
his addiction and beginning his recovery.
After 24 months of treatment, Mr. Jaramillo completed DTAP.
His charges were dismissed, and, with the assistance of the
DTAP job developer, he landed a job in custodial maintenance at a
major company in the music recording industry.
Steadily rising through the ranks, Mr. Jaramillo is now the
companys Manager of Maintenance and Security.
Drug-free and holding a steady job with full benefits, Mr.
Jaramillo has embraced his new and positive life.
Thirty-eight-year-old
Ada Rodriguez first tried heroin as a teenager growing up in
Massachusetts. Ms.
Rodriguez came to New York City as a young woman with the hope of
pursuing computer and business classes, but she soon gave that up,
because feeding her heroin habit became a full-time job. She started selling crack in the East New York section of
Brooklyn. She had three
sons, but, gripped by her addiction and unable to care for her
children, she relinquished custody of all three to her mother.
In 1996, she was convicted of a felony drug sale and sent
upstate. Periodically
released on parole, she would almost immediately violate her parole
conditions by using heroin and would end up returning to prison.
After a total of about five years incarceration, she was
once again released only to re-engage in criminal behavior.
This time, however, when Ms. Rodriguez was arrested for
possession of crack with the intent to sell, she was offered DTAP.
During 21 months of substance abuse treatment at Phoenix House, Ms.
Rodriguez finally began to understand and tackle her addiction.
She earned her GED and started studying to be a treatment
counselor. She completed DTAP in February 2004. Ms. Rodriguez is now employed full-time as a counselor at
Phoenix House, and is determined to help other addicts gain the
health and self-respect that she herself got from treatment.
Robert
Erskine, a Brooklyn native, suffered a double tragedy as a child.
First, his father, the jazz drummer Les Erskine died, leaving
Roberts mother to raise him and his siblings on her own.
Then, Robert Erskines elder brother was killed while
serving as a soldier in Vietnam. Affected by these losses and eager
to fit in with his young peers, Mr. Erskine soon began using alcohol
and marijuana while still in school.
He turned to heroin at about 19.
The high made him feel relaxed and cool, but very
soon his life spun out of control.
Already a father of two by the time he was 20, he found
himself unable to act as a responsible parent.
He started selling drugs, and even stealing, in order to
sustain his heroin habit. He had just recently completed seven years
in state prison for a felony drug crime, when, in January 2001, when
he was again arrested, this time for selling heroin in downtown
Brooklyn. Facing
another felony conviction and re-incarceration, Mr. Erskine accepted
the DTAP offer, hoping that perhaps he could at last turn his life
around. While in treatment at Samaritan Village, Mr. Erskine
discovered that he had a talent for communicating with his peers,
especially young people trying to overcome their addiction.
He completed DTAP in December 2003.
Now working as a full-time counselor at Samaritan Village,
Mr. Erskine, and almost 48 years old and drug-free for over three
years, feels that he has finally found his calling.
Counsel to the District Attorney, Anne J. Swern, is the
Director of DTAP. She
can be contacted at (718) 250-3939, and sswernaj@BrooklynDA.org.
Contact:
Sandy Silverstein
718-250-2300
014
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUCES
INDICTMENTS OF CALL FOR TAKE OUT DRUG RING THAT MADE DELIVERIES
TO CUSTOMERS HOMES
YEAR-LONG
OPERATION SUNSET INCLUDED EAVESDROPPING ON 30,000 TELEPHONE
CONVERSATIONS
GANG
WAS ALSO OVERHEARD ORDING BULLETPROOF VESTS FOR A PLANNED $300,000
ROBBERY
Brooklyn, N.Y,
June 15, 2004
-- Kings County District Attorney Charles J. Hynes today announced a
133 count indictment against 15 members of an organization
responsible for selling cocaine and heroin via a car delivery
service that delivered the narcotics to customers homes in Sunset
Park, Park Slope, Bay Ridge and other parts of Brooklyn.
A year-long investigation by the Kings County District
Attorneys Gang Bureau and the NYPD Gang Investigation Division,
Major Case Team, determined that the drug organization had a
customer base of more than 100 persons, crossing all socio-economic
lines and including a medical professional, a business owner and a
representative of a Fifth Avenue department store.
Fourteen of the 15 defendants face charges ranging from
Criminal Possession of a Controlled Substance in the First Degree
which carries a maximum sentence of 25 years to life to C Felony
level narcotics sales to a B felony conspiracy which carries a
maximum of 8 1/3 to 25 years. One of the 15 is facing misdemeanor
charges.
About 10 customers, who were overheard on more than 30,000
monitored telephone conversations, ordering drugs, were also
arrested. They have been offered drug treatment programs as an
alternative to prison if they plead guilty to possession of drugs.
About half of them have accepted the offer.
The others face up to six months in jail if convicted.
These dealers and their customers were done in by their
own words, said District Attorney Hynes.
I want to thank Police Commissioner Kelly and Inspector
William Tartaglia of the NYPD Gang Unit, for the diligent, often
painstaking work that went into these arrests and subsequent
indictments.
Police Commissioner Raymond W. Kelly said: This operation
is particularly important because it attacks both sides of the
narcotics trade. Citizens of this city do not want either side of the equation
the buyers or the sellers in their neighborhoods and the
Department remains vigilant in underlining that message.
The indictment charges two brothers, Tracy Ortiz, 27, and
Richard Ortiz, 25, as the gangs leaders.
They ran the delivery service out of two apartments at 167 8th
St. and 97tth
and Third Ave, Bay Ridge.
Using cell phones, they would dispatch drivers in the
organizations fleet of eight cars to fill customers requests. The fleet included two Lincoln Town cars and an
Infinity Q45. The cars have now been seized by the KCDA.
The organization also had its own Santera
who advised them on their business matters.. Mercedes Osario, 53.
The gangs guns were found in a box in her house at 204 14th
St. She has been
charged with Criminal Possession of a Weapon in the Fourth Degree, a
misdemeanor.
When arrested, Osario told officers she felt something
evil was inside the box containing the guns.
All together four guns were recovered; a Tech 9, a 9mm
semi-automatic pistol, a .45 caliber semi-automatic pistol and a .25
caliber pistol.
A second indictment names John Carter, 36,
the organizations enforcer
along with Tracy Ortiz.
The indictment charges the pair were planning an armed
robbery that would net more than $300,000.
After detectives learned of the plans, they were able to
observe Carter and Ortiz purchasing bulletproof vests to be used
during the robbery. The vests were recovered during searches of the
Ortiz residences.
About 25 officers from the NYPDs Gang Investigation
Division, Major Case Team participated in Operation Sunset. They
were led by Inspedtor William Tartaglia, Lead Detective John DeMaio,
Detective Mark Wildes, Lt. Billy Dentrone, and Sgt. Jerry
Scanlon.
The team from the Kings County Distrtict Attorneys office
was led by Deana Rodriguez, Chief of the Gang Bureau, Executive
Assistant District Attorney Teresa
Corrigan, First Deputy Bureau Chief Karen Bennett,
Deputy Bureau Chief Edward Carroll and Assistant District Attorney
Minerva John-Stull. Deputy
Chief Investigator Gerald Zino and Investigators Thomas Scheiner and
Iris Lopez also participated in Operation Sunset.
Contact:
Orlando Rivera
718-250-2300
015
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES
ANNOUNCES GUILTY PLEA IN JUDICIAL CORRUPTION SCANDAL
AVRAHAM
LEVI ENTERS GUILTY PLEA TO CHARGES OF CONSPIRACY TO BRIBE JUDGE
GERALD GARSON
Brooklyn,
June 21, 2004 -- Kings County District Attorney Charles J.
Hynes today announced the guilty plea of Avraham Levi, 49, to the
felony charge of Conspiracy in the Fourth Degree for his role in the
judicial corruption conspiracy to bribe Judge Gerald Garson.
In a plea agreement reached with prosecutors, Levi will
testify against co-conspirator Nissim Elmann to avoid a sentence of
up to four years in prison.
Levi confessed today before Justice Jeffrey G. Berry in
Supreme Court to delivering $10,000 to Nissim Elmann at a
Brooklyn residence with the promise that Elmann would bribe Judge
Garson. The ultimate
goal of their conspiracy was to influence Judge Garson in the hope
that following a trial before the Judge, Judge Garson would render
more favorable rulings in Levis divorce and child custody case.
Nissim Elmann, a businessman, is currently awaiting
trial on four separate indictments involving allegations of
manipulating the judicial process for personal gain by conspiring
with numerous individuals to bribe Judge Gerald Garson.
Elmann, who is alleged to be at the very center of this
judicial scandal, is also charged with bribing court staff to steer
cases before Judge Garson.
Investigators with the Brooklyn District Attorneys Office
exposed Levi and Elmanns bribery scheme by intercepting numerous
telephone conversations through the use of court-approved wiretaps
and undercover surveillance.
As a result of the plea and cooperation agreement, in
addition to testifying against Elmann, Levi will also serve a prison
term of 6 months.
Contact:
Sandy
Silverstein
718-250-2300
016
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES S.T.A.R. PROGRAM
TO AID TEEN PROSTITUTES
SAVING
TEENS AT RISK IS 4th PRONG IN DAS INITIATIVE TO REDUCE
PROSTITUTION
Brooklyn, July 7, 2004
Kings County District Attorney Charles J. Hynes today
announced the fourth prong of an initiative to reduce prostitution.
The Brooklyn S.T.A.R. (Saving Teens at Risk) Project was
developed to assist teens in abandoning their lives of prostitution
by helping them through schooling, health education and even
arresting their pimps. Teen
prostitution is a very widespread problem. This Project provides
teen prostitutes a safe environment far from the reach of their
pimps where they can get help.
There are about 1,000 prostitutes arrested each year in
Brooklyn. About 20% of
them are under 21. The
average age of entry into prostitution is 13 years old.
Some are as young as 13 and 14.
The Brooklyn S.T.A.R. Project is both a voluntary and
a mandated program. Prostitutes who get arrested for prostitution or
loitering for the purpose of prostitution are offered this program
at their arraignment. They
can choose this or face an alternative sentence which could be jail
or community service. Teen
prostitutes, even if they have not been arrested, can voluntarily
join the program. This
program is open to prostitutes under the age of 21, providing that
they do not have a violent background.
Teen prostitutes can enter this program immediately. The
first class will be in August.
Upon acceptance into the Brooklyn S.T.A.R. Program,
participants will meet one time per week over a six-week period.
The program is held at the Dr. White Community Center in
Downtown Brooklyn, and is free of charge.
Participants will be educated on the dangers and ill effects
of prostitution as well as the educational, employment, and housing
opportunities that are available to them. Counseling and medical treatment are also available.
Many of these young women are intelligent but helpless.
They are forced into prostitution because of their
conditions. They may be
homeless or living in poverty.
For children with few options, prostitution could seem like
an attractive way to get money and acceptance.
They need someone to help.
This program allows teen prostitutes to turn their lives
around and start fresh. It
will also improve the communities by reducing crime, said
District Attorney Hynes.
The Brooklyn S.T.A.R. Project is the 4th prong in
District Attorney Hynes larger Teen Prostitution Prevention
Initiative. District
Attorney Hynes implemented a Teen Prostitution Initiative in June,
2002. As part of this
initiative, the DA has already successfully implemented several
projects designed to reduce teen prostitution.
In the first part of this initiative, pimps who sexually
exploit underage girls into a life of prostitution are prosecuted.
To date, there have been 45 indictments of pimps.
Approximately half of these pimps are currently serving
substantial prison terms.
The second prong involves the District Attorneys
Office working with the community and the police department to close
down establishments that have allowed prostitutes to facilitate on
their premises. This
included the closing down of a restaurant.
Other establishments cleaned up their act so they were not
forced to close down.
The third part of this initiative was aimed at the
Johns who patronize these prostitutes.
Named Project Respect, District Attorney Hynes started up the
John School Program in July, 2003.
At arraignment, Johns are given the choice of attending the
five hour school or facing prison.
However, Johns who patronize underage girls.
They are educated about the risks that prostitution poses to
themselves as well as the prostitutes they patronize.
If they complete the class, they get an ACD and their records
will be wiped clean if they remain out of trouble for six months.
The Johns School has had over 1000 participants with only two
recidivists.
Many other agencies are cooperating with the District
Attorneys Office in their involvement in the S.T.A.R. Project.
Catholic Charities is donating the location as well as
numerous services. Long
Island College Hospital is donating their services by providing
mental and health care. The
Board of Health, Department of Education, Administration for
Children Services and Job Corps are all participating as well by
providing speakers, educating the teen prostitutes, evaluating them
and helping to train them to find legitimate jobs.
Future programs will address the needs of adult prostitutes.
The Kings County District Attorneys Offices Sex Crimes
Bureau will organize and coordinate this new program.
The Sex Crimes Bureau is headed up by Chief Rhonnie Jaus and
Deputy Bureau Chiefs Deborah Cohen and Maria Cienava, all of whom
will play a major role in running this program.
Contact:
Sandy Silverstein
718-250-2300

017
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES ARREST OF 12
INDIVIDUALS FOR SOCIAL SECURITY CHECK FRAUD
Brooklyn,
July 28, 2004 Kings
County District Attorney Charles J. Hynes, along with Edward
J. Ryan, Special Agent-in-Charge of the Social Security
Administration, Office of the Inspector General, New York Field
Division, today announced the arrests of 12 individuals over the
past week for defrauding the Social Security Administration out of
about $110,000. The
defendants fraudulently reported, on multiple occasions, that their
Supplemental Security Income (SSI) Checks were not received, and
requested replacement checks. The
defendants then cashed both checks.
They are charged with Grand Larceny in the Third Degree and
Falsifying Business Records in the First Degree.
They face a maximum of seven years in prison.
SSI is a federal program
administered by the Social Security Administration to provide income
for the disabled poor.
DA Hynes stated "These individuals duped the Social
Security Administration out of thousands of dollars
that is intended to go to people in serious need.
They were basically double-dipping.
I am confident that the Social Security Administration will
take new measures to make fraud more difficult.
SAC Ryan stated that "These arrests, along with 70
others over the last year throughout New York State, represent the
beginning of a nationwide effort by the Office of the Inspector
General to combat a widespread abuse that we were able to identify
through our investigative, automation and audit efforts. We will
continue to actively pursue those who take advantage of essential
SSA benefit programs, for their own selfishreasons.
Fraud against SSA can be reported by calling our Hotline at
1-800-269-0271."
The NYPD Special Frauds Unit and the United States Postal
Inspection Service also
participated in these investigations.
The case is being prosecuted by Kings County Assistant
District Attorney Shawn Mallon of the Rackets Division.
Contact:
Sandy Silverstein
718-250-2300

018
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES FORFEITURE FROM
MULTIMILLION-DOLLAR NO-FAULT INSURANCE FRAUD RING
Brooklyn, August 12,
2004....Kings County District Attorney Charles J. Hynes
announced today the forfeiture of $2.615 million in criminal
proceeds from a ring of medical clinics and associated companies
colluding in No-Fault motor vehicle insurance fraud.
The ring of companies and their owners pled guilty to
defrauding 13 insurance companies by engaging in a
multi-million
dollar scheme to bill for medical services that werent in fact
provided to patients, and to submit duplicate medical test results
misrepresented as separate, real tests.
The defrauded insurance companies were Allstate, State Farm,
The Robert Plan, GEICO, St. Paul Travelers, Nationwide, Progressive,
Liberty Mutual, Kemper, The Hartford, New York Central Mutual,
OneBeacon Insurance, and USAA.
At the center of the web of defendant
companies were four medical clinics:
Well Care Medical Help (formerly King Medical Help), located
at 1664 East 14th St., Brooklyn;
Global Medical Help at 151-40 Cross Bay Blvd., Howard Beach;
and Midboro Medical Help, at 1502 East 14th Street,
Brooklyn. Between May 2000 and November 2002, the clinics, in
association with affiliated medical testing, billing, and supply
companies, fraudulently billed the insurance companies under New
York States No-Fault auto accident injury law for millions of
dollars for services to alleged accident victims, and for expensive
medical testing, that never actually occurred.
The other defendant companies involved in the case were: Atlantic Processing, Inc., 4050 Nostrand Ave., Brooklyn;
Claims Research & Data, Inc., 2841 Ocean Blvd., Ft.
Lauderdale, FL; Depeche Billing, Inc., 1205 Coney Island Ave.,
Brooklyn; DGL Medical Supply,
128 Ditmas Avenue, Brooklyn; LVL Business Group, Inc., 2841
Ocean Blvd., Ft. Lauderdale, FL; Ocean MRI, Inc., 1664 East 14th
St., Brooklyn; RAP Enterprises, Inc., 3247 Frankford Ave.,
Philadelphia, PA; and Supply.com,
Inc., 1521 West 6th Street, Brooklyn.
The investigation began when Nationwide Insurance Supervising
Investigator Louis Pagnotta learned that Well Care might be treating
No-Fault patients who had filed false accident reports with the New
York City Police Department. Then he and members of Nationwides
Special Investigations Unit noted that certain medical tests being
billed for by Well Care contained identical results for different
patients a virtual impossibility for legitimate tests.
These suspect findings for Well Care billings were later also
found by investigators from other companies, including: Rob
Allesandro of State Farm, Matthew Wolfman and Joanne Alioto of St.
Paul Travelers, Archie Arroyo of Kemper, Timothy Dumas of The
Hartford, Richard DAmato of Allstate, John Huber of Liberty
Mutual, Nora Leeds of GEICO, James Silvestri of GMAC, and Sally
Udalovas of The Robert Plan.
After a two-year investigation by Pagnotta, the victimized insurers,
the National Insurance Crime Bureau (including through its
investigator, Daniel Santevecchi, and its Director of Operations,
Michael Fella), the Fraud Bureau of the New York State Department of
Insurance, and the Kings County District Attorneys Office, the
criminal companies pled guilty in April 2003, to various crimes
ranging from Grand Larceny in the First, Second, and Third Degrees
to Scheme to Defraud in the First Degree.
In addition, the defendants agreed to forfeit over $2.6
million and to withdraw pending claims against the No-Fault
insurance companies of approximately $15 million.
The forfeited money will be used to pay restitution to the
defrauded insurance companies and to pay for law enforcement
efforts, including to continue to investigate and prosecute
insurance fraud.
The final piece of the forfeiture agreement, concerning
$865,000 from the Well Care, King and Global clinics (and withdrawal
of their pending claims against the insurance companies), received
court approval earlier this year.
"This case is another significant step in our continuing
fight against motor vehicle and medical insurance fraud, crimes
which result in higher insurance premiums for all drivers,"
District Attorney Hynes said. Its
also, he continued, another example of how, working together,
insurance companies, industry investigators, and this Office can
help stem the tide of insurance fraud and maybe benefit the public
in the long run by helping to keep insurance rates down.
Also convicted were the owners of the companies.
Pleading guilty to the felonies of Grand
Larceny in the Second Degree and Scheme to Defraud in the First
Degree were: Lev (aka Leon) Batsiyan, 4 Hickory Hills Ct., Holmdel, NJ, who controlled
the medical clinics and Depeche Billing, Inc.; and Leonid Vayner, 17
Dora Lane, Holmdel, NJ, who controlled Claims Research & Data,
and who helped manage King Medical and Ocean MRI.
Individuals
pleading guilty to the misdemeanor of Scheme to Defraud in the
Second Degree were: David Batsiyan, 36 Hale Ave, Staten Island, NY,
who was an owner of DGL Medical Supply and Ocean MRI; Pyotr
Byshovets, 2 Gloster Drive, Marlboro, NJ; and Yuri Chekamovsky, 201
Beach 98th St., Rockaway Park, who managed Midboro
Medical.
In
addition, three individuals who owned companies that helped the ring
dispose of its revenues also pled guilty to the misdemeanor of
Scheme to Defraud in the Second Degree.
They are: Pyotr Byshovets, 2 Gloster Drive, Marlboro, NJ;
Ross Lukovsky, 410 Leon Circle, Langhorne, PA; and Oleg Polorelski,
62 Beard St., Staten Island.
The defendant companies and individuals were sentenced to
conditional discharges upon their agreement to forfeit their assets
and to withdraw all pending claims against the insurance companies.
Thomas Kiernan of the Financial Investigations Unit conducted
the investigation for the Kings County District Attorneys Office.
The case was prosecuted by former Assistant District Attorney
John Dixon of the Rackets Division, with the assistance of Executive
Assistant District Attorneys Anne Seely and Joseph McCarthy, and
Assistant District Attorney Gavin Miles. Michael Vecchione is Chief
of the Rackets Division.
Ronald Aiello, Esq., formerly of Rubenstein & Rynecki, 16 Court
St., Brooklyn (and presently of counsel to Borah, Goldstein,
Altschuler, Schwartz & Nahins, P.C., 377 Broadway, New York,
NY), represented Lev Batsiyan, David
Batsiyan, Ocean MRI, Depeche Billing, DGL Medical Supply, and
Atlantic Processing.
James DiPietro, Esq., Aronne & DiPietro, 186 Joralemon St.,
Brooklyn, represented Leonid Vayner, Pyotr Byshovets, Oleg
Polorelski, Ross Lukovsky, Supply.com, RAP Enterprises, Claims
Research & Data, and LVL Business Group.
Jeffrey Rabin, Esq., 105 Court St., Brooklyn, represented
Yuri Chekamovksy and Midboro Medical Help.
Marina
Tylo, Esq., 2758 Ocean Ave., Brooklyn, represented Well Care,
King, and Global Medical Help.
Contact:
Sandy Silverstein
718-250-2300
019
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES DECISION
REGARDING DEATH PENALTY IN FIRST DEGREE MURDER CASE
Brooklyn, August 13, 2004 . . . Kings County District Attorney Charles J. Hynes
announced today that he will seek a sentence of life without parole
in the prosecution of Dawan Vinson, who was indicted for First
Degree Murder and other charges relating to the deaths of William
Pagan and Victor Bautista on September 3, 2003, in the Sheepshead
Bay section of Brooklyn.
Vinson, 25, formerly of 4800 University Drive, Durham, North
Carolina, is charged in a fourteen-count indictment with the
intentional murders of William Pagan, 26, and Victor Bautista, 22,
during a robbery on September 3, 2003, inside of the lobby of 3571
Nostrand Avenue. Vinson is also charged with robbery and criminal
possession of weapon counts 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 eighty-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 ninety-nine First
Degree Murder indictments since September of 1995.
District Attorney Hynes has sought the imposition of the
death penalty in eleven 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 appeals; 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. Four defendants
against whom death notices have been filed are presently awaiting
trial.
In four other cases, defendants pled guilty to First Degree
Murder and were sentenced to Life Without Parole prior to the
decision on whether to seek the imposition of the death penalty was
made by the District Attorney. Three 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. Vinson was arraigned on March 3, 2004; upon the
request of defense counsel, the 120-day period was to extended to
August 16, 2004.
District Attorney Hynes said his decision included the
following components: a comprehensive and objective analysis of the
available facts and evidence; a thorough review of the aggravating
and mitigating factors provided by the District Attorneys Office
and defense counsel; and an exhaustive review of the defendants
background.
District Attorney Hynes said his decision followed a review
of the case by a Committee he has established of executives,
supervisors and experienced trial attorneys.
I believe I am required by this statute to assess the
appropriateness of the death penalty on a case-by-case basis.
Therefore, this procedure will be followed in all cases involving a
First Degree Murder charge in order to carry out my obligation to
the citizens of Kings County to uphold the law in a fair-minded and
responsible way, District Attorney Hynes said.
Vinson is accused of the following charges:
Murder in the First Degree (four counts); Murder in the Second
Degree (four counts); Conspiracy in the Second Degree; Robbery in
the First Degree; Attempted Robbery in the First Degree; Robbery in
the Second Degree; Criminal Possession of a Weapon in the Second
Degree; and Criminal Possession of a Weapon in the Third Degree.
The indictment charges that on September 3, 2003, Vinson
forcibly stole property from Pagan and Bautista, and during the
robbery, Vinson intentionally caused their deaths by shooting both
men. The incident took place inside of the lobby of 3571 Nostrand
Avenue on September 3, 2003, in the Sheepshead Bay section of
Brooklyn.
Vinson 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 August 16,
2004.
The case is being prosecuted by Senior Trial Attorney Stephen
J. Murphy of the Homicide Bureau.
A copy of the indictment is available.
Contact: Sandy Silverstein
718-250-2300

020
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES ARRAIGNMENT OF
CATHOLIC PRIEST FOR SEXUAL CONDUCT AGAINST A MINOR
Brooklyn, August 19, 2004 Kings County District Attorney Charles J. Hynes today
announced the arraignment of Father Joseph Byrns, 61.
Byrns has been indicted on charges of Course of Sexual
Conduct in the First Degree (B felony), Course of Sexual Conduct in
the Second Degree (D felony) and 20 counts of Sexual Abuse in the
Second Degree (A misdemeanor.)
He faces a minimum of 5 years and a maximum of 25 years
incarceration on the top count.
Byrns was ordered held on $10,000 bail by Judge John Walsh.
The victim brought his allegations to the NYPD earlier this
year.
Fr. Joseph Byrns is a Roman Catholic priest who was the
Pastor at St. Rose of Lima R.C. Church in Brooklyn until he was
suspended in July 2002, and dismissed June 2004.
The indictment charges in the Spring 2002, the victim, then
11 years old, was a student, parishioner and altar server at St.
Rose of Lima Church. Fr.
Byrns called him at home to be an altar server for a special Mass on
a Saturday. The victim
then was sexually abused by Fr. Byrns, according to the charges.
The child went to the rectory to meet the priest but there
was no Mass. Fr.
Byrns would call the child to be an altar server about once every
two months. On those occasions, Fr. Byrns would again sexually abuse the
child. Over a course of
time, the contact escalated to oral and anal sodomy.
The priest gave the child money and toys and threatened him
not to tell anyone according to the indictment.
The child stopped being an altar server in the spring of
2002. The family moved
out of state in 2003 and the child disclosed the abuse this summer.
The case was brought to the District Attorneys Office by
the New York Police Department Sex Crimes Unit after the victim
brought his complaint to them.
District Attorney Hynes said, The number of allegations
against priests are very small. The overwhelming members of the Diocese are honest,
dedicated, selfless individuals.
A Memorandum of Understanding between the Kings County
District Attorney and the Dioceses of Brooklyn and Queens, signed in
2002 which states that the Diocese will give all allegations of
sexual abuse by priests to the DA for investigation, remains in
effect.
Copies of the indictment are available.
The case is being prosecuted by Deputy Bureau Chief Maria
Cienava from the Sex Crimes Bureau.
Rhonnie Jaus is Chief of the Sex Crimes Bureau.
The press and public are advised that this indictment is not
evidence of guilt. It is the accusatory instrument by which these
criminal proceedings are commenced.
Contact:
Sandy Silverstein
718-250-2300

021
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES AND POLICE COMMISSIONER
RAYMOND W. KELLY ANNOUNCE INDICTMENT OF 69 INDIVIDUALS IN TAKEDOWN
OF MULTI-MILLION DOLLAR DRUG OPERATION IN
75TH PRECINCT
JUVENILES
ARE UTILIZED AS RULES OF THE GAME
OPERATION
FAMILY AFFAIR SEIZES BOAT AND CARS
Brooklyn, August 26, 2004 Kings County District Attorney Charles J. Hynes and
Police Commissioner Raymond W. Kelly today announced the indictment
of 69 individuals for their roles in a narcotics trafficking
enterprise in the East New York section of Brooklyn.
Five organizations worked together to control three housing
developments consisting of 34 apartment buildings.
Family relationships existed among members of each
organization and between the separate organizations.
The groups agreed upon boundaries within which each group
monopolized or controlled the sale of narcotics.
The five organizations earned approximately $11 million
dollars per year selling heroin or crack cocaine.
A major investigation dubbed Operation Family Affair
commenced in February 2003 by the Major Narcotics Investigation
Bureau of the Kings County District Attorneys Office
and the Major Case Unit of the Brooklyn North Narcotics
District of the NYPD into narcotics trafficking in the Remeeder,
Unity and Long Island Baptist (LIB) housing developments.
The investigation was initiated as a result of the increasing
volumes of narcotics activity and shootings in the area.
The
investigation, conducted over an 18 month period, revealed that
juveniles were used as what is often referred to as rules of the
game. Crew members
used the children as runners, look-outs and to direct drug buyers to
dealers in an effort to insulate themselves from arrest and
prosecution. However,
using the juveniles backfired because of the laws
in
New York State that penalize drug dealers more seriously for using
juveniles in a narcotics conspiracy.
The drug trafficking took place in a neighborhood known for a
great deal of violence believed to be related to the drug activity.
The five groups were led by among others Johnny Collado,
Andre Coulter and Victor Adams.
The other two leaderss identities can not be revealed
because their indictments are sealed. The period of the conspiracy among all these groups
encompasses January 1, 2002 to August 6, 2004.
A total of 13 search warrants were executed.
In addition to the seizure of narcotics, $50,000 cash, seven
luxury cars and a 35 foot Mainship express cruiser were all
seized as either evidence or proceeds of this operation.
District Attorney Hynes said, We have had tremendous
success with our previous takedowns such as in the Cypress Hills,
Ocean Towers, Vanderveer, and Ingersoll housing developments.
We managed to dismantle drug organizations and free
neighborhoods from the stranglehold of violent drug profiteers.
We expect to enjoy similar success in these developments as
well. This operation
was a tremendous demonstration of teamwork between the District
Attorneys Office and the NYPD and Id like to commend everyone
involved.
Police Commissioner Kelly said, These
arrests and indictments mark another success in our on-going battle
against the narcotics trade in New York City. When this Department
removes a drug dealing operation and the District Attorney
prosecutes them to the full extent of the law, we do not rest on our
victories. If a new group rises to replace the old, they too will
feel the impact of justice.
All but four of the sixty-nine defendants have been
charged with Conspiracy in the First Degree.
They face 15 years to life in prison.
The four who are under the age of 18 have been charged with
Conspiracy in the Second Degree.
They face 8 1/3 25 years in prison.
Those defendants who actually conducted narcotics sales have
also been charged with criminal sale counts in the First, Second and
Third Degrees.
The case is being prosecuted by Suzanne Corhan, Chief of the
Major Narcotics Investigation Bureau and Lawrence Oh, 1st
Deputy Bureau Chief of the Major Narcotics Investigation Bureau.
Contact:
Sandy Silverstein
718-250-2300

022
CHIEF
OF KINGS COUNTY DISTRICT ATTORNEYS OFFICES DOMESTIC VIOLENCE
BUREAU RECEIVES GOVERNORS AWARD FOR FIGHTING DOMESTIC VIOLENCE
Wanda
Lucibello and NY Yankees Joe Torre Recognized for Their Efforts
Brooklyn, October 8,
2004 On Monday, October 4, Wanda Lucibello, Chief of the
Kings County District Attorneys Offices Domestic Violence
Bureau, was honored at the Governors Mansion in Albany. She
received one of Governor Patakis coveted Justice, Freedom and
Courage Awards to End Domestic Violence. This is the fourth year
of the Governors initiative, which is designed to recognize
individuals and organizations whose exemplary actions are
particularly innovative and demonstrate a long-term commitment to
ending domestic violence. Also honored were nine others including NY
Yankees manager Joe Torre.
Over
the years, New York has made great strides in fighting domestic
violence in our homes and in our communities, thanks in large part
to the efforts of many, like those we honor today, who have
dedicated their time and effort to combating this horrible crime,
Governor Pataki said.
Wanda Lucibello was recognized for her
dedication to aiding domestic violence victims and leading a staff
that has effectively prosecuted and convicted many domestic violence
abusers. She collaborates with the NYPD to improve police response,
and aggressively pursues evidence-based prosecutions and offender
monitoring to reduce recidivism. She has conducted numerous domestic
violence trainings for the judicial community, been a key influence
on the states first specialized domestic violence courts, and
participates in the NYC Interagency Council to improve the Citys
response to domestic violence.
Kings
County District Attorney Charles J. Hynes said, I would like to
congratulate Wanda Lucibello on winning this prestigious award.
When I took office in 1990, I made Domestic Violence a top
priority. Under
Wandas leadership, our Domestic Violence Bureau has been
impressive. The Bureau
has a felony conviction rate of over 90%.
She is an intelligent, hard working leader who is a valuable
asset in our office.
In
addition to the Justice, Freedom and Courage Awards, which are
selected in a competitive process, the Governor bestowed a special
Visionary Award upon Joe Torre, manager of the Yankees and
founder of the Joe Torre Safe at Home Foundation. Mr. Torre is being
recognized for creating the foundation to help raise public
awareness of domestic violence.
Mr.
Torre also lent his voice in support of the effort to raise public
awareness of domestic violence by recording two radio public service
announcements for the State. In the spots, Mr. Torre talks about his
personal experience as a child growing up in a home with an abusive
father. The powerful
spots will be distributed this week to be aired statewide.
The
New York State Office for the Prevention of Domestic Violence (OPDV)
is the lead agency overseeing the Justice, Freedom and Courage
Awards initiative. Charlotte A. Watson, Executive Director of OPDV,
said, The Governors Justice, Freedom and Courage Awards to End
Domestic Violence pay tribute to individuals and organizations who
have made a difference in
their
communities and the state in the effort to end domestic violence.
Todays recipients have demonstrated tenacity, creativity,
and brilliance in their efforts. Governor Patakis leadership and
commitment to end domestic violence serve as a model for the nation.
The partnership of Governor Pataki, Joe Torre, advocates, and, most
importantly, battered women, has resulted in astounding change
within New York State.
In
addition to Lucibello, awards were given to Sanctuary for
Families Center for Battered Womens Legal Services in New York
City, Dwa Fanm of Brooklyn, Phyllis B. Frank of New City, Business
and Professional Women of Tech Valley in Ballston Lake, My
Sisters Place of White Plains, and Jan Demers of Malone. Courage
Awards were given to Deanna Courtney of Tupper Lake, Kim Nimoy of
the Bronx, and Linda Shutts.
Governor
Pataki also proclaimed October to be Domestic Violence Awareness
Month. Throughout the state, local organizations will be taking part
in activities designed to raise awareness of domestic violence,
ultimately helping to save the lives of victims and their children.
Contact: Sandy
Silverstein
718-250-2300

023
KINGS
COUNTY DISTRICT ATTORNEY CHARLES J. HYNES AND HUMAN RESOURCES
COMMISSIONER VERNA EGGLESTON ANNOUNCE INDICTMENT OF WELFARE SCAMMER
DEFENDANT
LED A DOUBLE LIFE, ASSUMING THE NAME OF HER DEAD SISTER TO RUN A
SUCCESSFUL BUSINESS WHILE RECEIVING WELFARE BENEFITS
Brooklyn, November 4, 2004 Kings County District Attorney Charles J. Hynes and
Human Resources Commissioner Verna Eggleston today announced the
arrest and indictment of Desamone
Crosland, 48, who has been charged with Welfare Fraud and Grand
Larcenies in the 3rd Degrees for fraudulently taking over
$29,000 in Welfare Benefits, as well as other counts for Offering a
False Instrument For Filing in the 1st Degrees.
A
joint investigation by the Kings County District Attorneys Office
and the New York City Human Resources Administrations Bureau of
Fraud Investigation has resulted in the indictment and subsequent
prosecution of Ms. Crosland by the Kings County District
Attorneys Offices Public Assistance Crime Unit.
The
Investigation which began with a complaint to the DAs Citizens
Action Center revealed that from January 1998 through December 2001,
Desamone Crosland led a double life.
Desamone Crosland, of 233 Milford Street, Brooklyn, was a
long-time welfare recipient, while alter-ego, Vanessa Crosland also
of 233 Milford Street, was a successful business owner.
Vanessa
Crosland started several business ventures. One such venture was
DESAMORE ENTERPRISES. Desamore Enterprises provided security and
manual laborers to various construction contractors.
This business was successful.
Vanessa capitalized on her success purchasing two late model
cars and ably making approximately $2,000 in car payments.
Desamore
Enterprises bank accounts swelled to over $41,000 with President
and Owner Vanessa Crosland at the helm.
Sadly, the past has caught up to Desamone.
The real Vanessa Crosland died as a child 60 years ago.
Vanessa
Crosland was quite literally the sister Desamone never knew.
Records indicate that big sister Vanessa died 10 years before
little sister Desamone Crosland was even born.
District
Attorney Hynes said, This is a case of greed. Ms. Crosland
violated the taxpayers trust. These welfare benefits should
go to people who really need them. It is outrageous that
someone would take money that is supposed to go to people in need
and use it to build her own business. The defendant will be
prosecuted to the full extent of the law.
Human
Resources Commissioner Eggleston said, This investigation is an
example of HRAs continuing commitment to vigorously pursue fraud
and to ensure program integrity.
I thank DA Hynes and his staff for their excellent work in
following up on the information we uncovered and in prosecuting this
individual.
If
convicted of the most serious charges, Ms. Crosland could face up to
seven years in prison.
The
case is being prosecuted by the Kings County District Attorneys
Office Public Assistance Crimes Unit ADAs Lauren Mack and Frank
Dudis.
024
GET OUT OF JAIL
WITH A TICKET FOR JOB, HOME AND HEALTH
ComALERT
PROVIDES ONE STOP RE-ENTRY SERVICES FOR PAROLEES
Counseling Service of the Eastern District of New York celebrates its 30th
year by joining Brooklyn District Attorneys Office in providing
Comprehensive Drug Treatment, Job Placement and Housing Services as
an Alternative to Incarceration.
Brooklyn,
December 1, 2004
ComAlert
(Community and Law Enforcement Together), the prisoner reentry
program of the Kings County District Attorneys office is
expanding its mission as a gateway to crime-free, self-sufficient,
and sober living by joining forces with the nations first federal
Alternative to Incarceration program, the Counseling Service of the
Eastern District of New York (CSEDNY) to help streamline parolee
re-entry into society by providing them with a one stop
shopping center for: a job, a home and a drug-free lifestyle.
Focusing on communities in Brooklyn with the highest
levels of recidivism that include (but are not limited to) Bedford
Styvsant, Fort Greene, East New York, and Brownsville (Parole
Bureaus 1, 2, and 5), the new partnership, called the ComALERT
Counseling Service EDNY will provide a one stop source for drug and
alcohol counseling, employment referral and housing assistance for
new parolees and will save tax-payers millions of criminal justice
dollars.
The program will increase public health and safety by
stopping the generational re-incarceration in Brooklyn
neighborhoods, but it will reduce recidivism and foster community
cohesion. By providing treatment and civic-minded employment
opportunities, ComALERT Counseling Service EDNY can save the
taxpayers millions of dollars in incarceration costs.
The ComAlert program is efficient and easy. Within a few
days of release from prison, the parolees are referred by their
parole officer, interviewed in the Brooklyn Parole headquarters
(Access) by a ComALERT counselor about their past activities and
future goals, as a basis for a re-entry treatment action plan.
Their options are assessed paying special attention to
family, employment and educational needs.
Among the job options they are given, is an opportunity
to work with the Doe Fund: Ready Willing and Able, which pays them
$200 per week plus meals, to perform community service manual labor
jobs, while teaching them job performance skills like showing up on
time, communication skills, daily routine, and balancing family and
other personal commitments.
The program is based on a holistic value system, which
recognizes the interdependency of meeting family, job, health,
community and self-actualization needs.
The program counselors understand that the basis of all
success is the ability to remain clean and sober. When the program
is in full swing, they expect to be able to handle at least 750
annually with a weekly intake of 15 people.
BACKGROUND:
Location: The ribbon cutting ceremony for The ComAlert / Counseling
Service EDNY will be held on Wednesday, December 1st 2004
at their new office, which is located in the Municipal Building at
210 Joralemon Street, 3rd floor in Brooklyn.
The space has been loaned to the program by the Kings County
District Attorneys Office. The
phone number for the program is (718) 205-5557.
About: ComALERT
is
a nationally recognized prisoner re-entry program founded in 1999 by
the Brooklyn District Attorney and has expanded to offer a
comprehensive array of one stop shopping referrals for
Brooklyn parolees including outpatient substance abuse treatment,
transitional and permanent employment options, housing referrals,
educational skills and GED training and medial / psychiatric
screening.
About: The
Counseling Service of the Eastern District of New York
Inc. is an OASAS licensed substance abuse treatment program.
It was established in 1974 as a 501(c) 3 non-profit by
members of the Eastern District of New York Court System, who were
concerned with the high rates of recidivism among young inner city
men.
Since that time, CSEDNY has provided individually
tailored treatment, teaching each client how to live drug and
alcohol free, one day at a time.
In the past 30 years CSEDNY has become a catalyst for
positive change within the social service system of metropolitan New
York by forging collaborative agreements with dozens of
community-based organizations, agencies, public officials, private
funders and other supporters.
CSEDNY services include medical and psychiatric
evaluations, drug toxicology testing, individual and group substance
abuse counseling; on-site 12 step meetings; parenting skills, anger
management and stress reduction techniques; on-site child care as
well as job and housing referrals.
Last year
alone, CSEDNYs 40 clinical workers provided more than 38,000
individual outpatient visits in five sites in the metropolitan area.
At any one point in time CSEDNY serves over 1,000 clients,
and graduates hundreds of drug free individuals each year.
For more information about CSEDNY, you can visit their
website at www.CSEDNY.org <http://www.CSEDNY.org>
or telephone their Executive Director, Paul Ruchames at (718)
858-6631.
Contact:
Sandy Silverstein
718-250-2300
025
U.S.
Departments of Justice and Education Host Truancy Conference
Washington DC,
December 6, 2004-- The
U.S. Department of Justice and Department of Education are
sponsoring a first-ever federalconference showcasing effective and
promising approaches on truancy prevention and related issues.
The conference, Partnering to Prevent Truancy: A National
Priority", will take place December 68 in Washington, D. C.
The conference will consist of workshops, roundtable
discussions, exhibits, and plenary sessions that will present
practical strategies for achieving successful outcomes to the
truancy problem in schools and communities.
Keynote speakers include: Dr. Robert Wm. Blum, Bloomberg
School of Public Health, Johns Hopkins University; Dr. Tony Evans,
The Urban Alternative; and Susie Kay, Hoop Dreams Scholarship Fund.
J. Robert Flores,
Administrator of the Department of Justice's Office of
Juvenile Justice and Delinquency Prevention and Deborah
Price, Deputy Under Secretary, Office of Safe and
Drug-Free Schools, U. S. Department of Education will provide
opening remarks.
"Our own TRACK (Truancy Reduction Alliance to Contact
Kids) program has been a great success, as we address the issues of
truancy through a partnership with the police, schools and the
community. The imporatnce of reaching these youngsters through
effective programs cannot be understated," said Brooklyn
District Attorney Charles J.Hynes
Truancy is a complex problem, and the conference is designed
to address the needs of a wide range of organizations and
individuals involved in truancy prevention effortsincluding
schools, law enforcement agencies, courts, service providers,
community- and faith-based organizations, and state and local
policymakers. Participants
will learn about practical approaches to addressing truancy and
related issues.
Among the topics to be addressed are family involvement,
motivating at-risk youth, alcohol and substance abuse prevention,
collaboration building, staff development, and program funding and
evaluation.
Additional information is available on the conference Web
site:
https://conference.aspensys.com/truancy/index.html

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