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Jerry Schmetterer - Director -
Schmetj@brooklynda.org

Sandy Silverstein - Communications Associate - SilversS@brooklynda.org

Orlando Rivera - Communications Associate -RiveraO@brooklynda.org

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001



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

Brooklyn, January 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 girl’s 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 can’t take it away.”  She further stated “I didn’t know I was opening my children’s 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 Weitzner’s 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 Attorney’s Office exposed Weitzner, Zifrani and Elmann’s 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 ATTORNEY’S 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 Attorney’s 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 Attorney’s 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 court’s 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 Garson’s 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 Fisher’s 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 Garson’s 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 Attorney’s 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 year’s 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 Attorney’s 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 year’s 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 it’s 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 year’s 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 Children’s 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 city’s first Special Operations Lieutenants(SOL).  The SOL is responsible for supervising and coordinating the command’s 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 Kelliher’s leg with the other hand as Officer Kelliher hung down into the water to rescue the victim.  Officer Kelliher managed to grab the man’s 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 man’s 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 woman’s 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 Attorney’s 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 Attorney’s 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 Attorney’s staff, Ted’s 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.  Ted’s 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 person’s life. 

Police Officers Peter Garrido and Daniel Perez – On May 22nd, 2003, while patrolling a robbery-prone location, the officers from the 77th Precinct’s 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 perpetrator’s 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 Kane’s 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 DA’s 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 DA’s Office, as this year’s 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 DA’s 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 ATTORNEY’S 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 Attorney’s Office to get involved, due to their success in the Cypress Hills takedown in 2002.  The District Attorney’s Office’s 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 don’t 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 DA’s Office’s 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 men’s 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 nation’s most successful, provides residential drug treatment to non-violent repeat drug-addicted offenders under a deferred-sentencing model.  Participants are required to plead guilty to a felony prior to their admission into the program.  The plea agreement contains a prison term 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. Meminger’s keynote address, two of this year’s 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 Attorney’s 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 company’s 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 Robert’s mother to raise him and his siblings on her own.  Then, Robert Erskine’s 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 Attorney’s 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 gang’s 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 organization’s 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 it’s own Santera who advised them on their business matters.. Mercedes Osario, 53.  The gang’s 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 organization’s ‘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 NYPD’s 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 Attorney”s 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 Levi’s 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 Attorney’s Office exposed Levi and Elmann’s 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 DA’S 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 Attorney’s 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 Attorney’s 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 Attorney’s Office’s 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 weren’t 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 State’s 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 Nationwide’s 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 D’Amato 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 Attorney’s 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.  “It’s 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 Attorney’s 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 Attorney’s Office and defense counsel; and an exhaustive review of the defendant’s background. 

     District Attorney Hynes said his decision followed a review of the case by a Committee he has established of executives, supervisors and experienced trial attorneys. 

     “I believe I am required by this statute to assess the appropriateness of the death penalty on a case-by-case basis. Therefore, this procedure will be followed in all cases involving a First Degree Murder charge in order to carry out my obligation to the citizens of Kings County to uphold the law in a fair-minded and responsible way,” District Attorney Hynes said. 

     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 Attorney’s 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 Attorney’s 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 leaders’s 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 Attorney’s Office and the NYPD and I’d 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 ATTORNEY’S OFFICE’S DOMESTIC VIOLENCE BUREAU RECEIVES GOVERNOR’S 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 Attorney’s Office’s Domestic Violence Bureau, was honored at the Governor’s Mansion in Albany. She received one of Governor Pataki’s coveted “Justice, Freedom and Courage Awards to End Domestic Violence.” This is the fourth year of the Governor’s 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 state’s first specialized domestic violence courts, and participates in the NYC Interagency Council to improve the City’s 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 Wanda’s 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 Governor’s 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.  Today’s recipients have demonstrated tenacity, creativity, and brilliance in their efforts. Governor Pataki’s 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 Women’s 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 Attorney’s Office and the New York City Human Resources Administration’s Bureau of Fraud Investigation has resulted in the indictment and subsequent prosecution of Ms. Crosland by the Kings County District Attorney’s Office’s Public Assistance Crime Unit.  

The Investigation which began with a complaint to the DA’s 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 HRA’s 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 Attorney’s Office Public Assistance Crimes Unit ADA’s Lauren Mack and Frank Dudis. 

Contact:   Sandy Silverstein
                       718-250-2300

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 Attorney’s Office in providing Comprehensive Drug Treatment, Job Placement and Housing Services as an Alternative to Incarceration. 

Brooklyn, December 1, 2004ComAlert (Community and Law Enforcement Together), the prisoner reentry program of the Kings County District Attorney’s office is expanding its mission as a gateway to crime-free, self-sufficient, and sober living by joining forces with the nation’s 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 Attorney’s 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, CSEDNY’s 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 6–8 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 efforts—including 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

026