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OFFICE OF PUBLIC INFORMATION - 718.250.2300 
Jerry Schmetterer - Director -
Schmetj@brooklynda.org
Jonah Bruno - Assistant Director brunoj@brooklynda.org
Sandy Silverstein - Communications Associate - SilversS@brooklynda.org
Orlando Rivera - Communications Associate RiveraO@brooklynda.org

Previous Press Releases: 1999-2000 / 2001 / 2002 / 2003 / 2004 / 2005

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  001

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES GUILTY PLEA IN BIAS ATTACK 

         Brooklyn, January 6, 2006 - Kings County District Attorney Charles J. Hynes today announced a guilty plea in the apparent racially motivated attack of 19-year-old Antonio Cortes by Charles Tabona, in Sheepshead Bay last August. 

            In pleading guilty to Second-Degree Assault, a Class-D Violent Felony, Tabona, 17, admitted hitting Cortes in the head with a glass bottle as Cortes rode his bicycle to work August 12. At the time Cortes was carrying a backpack with an image of the Mexican flag, and when Tabona was arrested, he made racial slurs about Hispanics in the neighborhood. He was initially charged with Second-Degree Assault as a Hate Crime. 

            Tabona will be sentenced to six months in jail, four-and-a-half years on probation and will entered the Dynamic Youth Residential Treatment Program, which will require up to 15 months in a residential facility upstate and another year at an outpatient center in Brooklyn. The program will involve drug treatment and therapy to address violent, antisocial behavior. 

            Tabona also pleaded guilty to Criminal Possession of a Weapon in the Third Degree in an unrelated incident, in which he shot himself in the leg last October. The two sentences will run concurrently. 

            Executive Assistant District Attorney Paul Burns of the Green Zone Trial Bureau prosecuted the case.  

Contact:  Jonah Bruno
                      718-250-2300

002


KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES SWORN IN FOR
FIFTH TERM
 

CITES 10 CONVICTIONS IN POLITICAL CORRUPTION PROBE AND SUCCESS OF GUN COURT 

                        Brooklyn, January 10, 2006 -  Kings County District Attorney Charles J. Hynes was sworn into office today for his fifth four-year term.  

            In his acceptance speech, DA Hynes drew attention to his ongoing investigations into public corruption, especially in the judiciary, which has so far lead to 10 convictions, including one sitting judge and one state assemblyman. Two Supreme Court Justices are currently under indictment and awaiting trial.

            District Attorney Hynes acknowledged that most public officials are honest, hardworking people, but he warned those giving the rest a bad name through their criminal acts. 

            I mean to continue this inquiry for as long as it takes to liberate our public servants from rumor, baseless allegations and suspicion, said DA Hynes. Our investigations will continue until all those corrupt officials are removed from office. 

            In addition to rooting out political corruption, the District Attorney said, he has taken on violent criminals, by working to get guns off the streets. Because of these efforts, the first Gun Court in New York State was opened in Brooklyn. There 85 percent of defendants are sentenced to upstate prison terms.  

I am particularly proud to report through the cooperative efforts of my Domestic Violence Bureau and Mayor Bloomberg’s Office to Eliminate Domestic Violence, this past July Brooklyn saw the opening of the first fully staffed Family Justice Center in the country, said District Attorney Hynes. 

He also referred to his record of innovation in response to both violent and nonviolent crimes, with special courts like the largest Drug Court in the state and the Mental Hygiene Court. He also operates programs designed to assist parolees readjusting to life outside prison and to divert young, non-violent offenders from jail, such as DTAP (Drug Treatment Alternative to Prison), ComAlert, YCP (Youth and Congregation in Partnership), STAR (Saving Teens At Risk), EPIC (Ending Prostitution In Our Communities), and Project Respect. 

At the inauguration at Brooklyn Supreme Court, Mayor Michael R. Bloomberg made opening remarks, and Hon. Joseph W. Bellacosa was the Master of Ceremonies. Also speaking were State Senators Martin Connor, Martin Golden and Velmanette Montgomery and U.S. Reps Edolphus Towns and Nydia Velazquez. Hon. A. Gail Prudenti, Presiding Justice of the Appellate Division, Second Department, administered the Oath of Office.

Contact:   Jonah Bruno
                   718-250-2300

003

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENTS IN THE DEATH OF

SEVEN-YEAR-OLD NIXZMARY BROWN 

                        Brooklyn, January 17, 2006 – Kings County District Attorney Charles J. Hynes today announced the indictments of Nixzaliz Santiago and Cesar Rodriguez, in the murder of Santiago’s seven-year-old daughter, Nixzmary Brown.           

            Nixzmary was found dead January 11, in her mother and stepfather’s Bedford-Stuyvesant apartment from child abuse syndrome, blunt impact trauma resulting in brain injuries and starvation and malnutrition. Nixzmary’s body showed signs of long-term abuse, with ligature marks on her ankles – where she was frequently tied with rope and bungee chords – and wounds all over her body in various stages of healing. 

            Rodriguez, 27, is charged with Murder in the Second Degree, Manslaughter in the First and Second Degrees, Sex Abuse in the First Degree, Unlawful Imprisonment in the First Degree, Assault in the Second Degree, two counts of Attempted Assault in the Second Degree, nine counts of Criminal Possession of a Weapon in the Fourth Degree, and Four Counts of Endangering the Welfare of a Child. 

            Santiago, also 27, is charged with Murder in the Second Degree, Manslaughter in the Second Degree, Reckless Endangerment in the First Degree, two counts of Assault in the Second Degree,  Unlawful Imprisonment in the First Degree, two counts of Criminal Possession of a Weapon in the Fourth Degree, and two counts of Endangering the Welfare of a Child. 

            Police Officers from Brooklyn North Homicide, the 79th Precinct, and the Brooklyn Child Abuse Squad worked on the case, as did the Child Advocacy Center.           

            Ama Dwimoh, Chief of the Crimes Against Children Bureau is prosecuting the case, along with Deputy Bureau Chief Catherine Dagonese, Unit Chief Linda Weinman, and Deputy Bureau Chief Kelly Casey.  

Contact:   Jonah Bruno
                   718-250-2300

004

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT IN POLICE SHOOTING 
 
UNION LEADERS AND LOCAL OFFICIALS JOIN HYNES TO PRAISE NEW SENTENCING STATUTE 

        Brooklyn, February 1, 2006  Kings County District Attorney Charles J. Hynes today announced the indictment of Damien Henry, charged with firing an Uzi assault rifle at two police officers in Flatbush. DA Hynes gathered with union leaders and elected officials to tout the new law mandating stiffer sentencing for people convicted of shooting at police.   

           The indictment against Henry features two new crimes  Attempted Aggravated Murder and Menacing of a Police Officer. 

            If convicted of Attempted Aggravated Murder or Attempted Murder in the First Degree, Henry would face a minimum of 20 years to life in prison and a maximum of 40 to life. Previously, in such a case, a defendant could only receive a sentence of 15-25 years to life. Henry is the first person to be charged under the new law. 

            Hynes was joined by Assemblyman Joseph Lentol, State Senator Martin Golden, New York Police Benevolent Association President Patrick J. Lynch, and Ed Mullins, President of the New York City Sergeants Benevolent Association. 

            Some crimes are so terrible that the people who commit them need to be taken off the streets for the rest of their lives, said DA Hynes. Anyone who fires a gun at a police officer must know that he is going to face serious prison time, and this new law ensures Damion Henry will spend a long time behind bars. I’d like to thank the PBA President Lynch, SBA President Mullins, Assemblyman Lentol and Senator Golden for joining me today as we announce the first indictment for Attempted Aggravated Murder. 

               In addition, DA Hynes called on the government to renew the federal ban on assault weapons, which expired in September 2004. 

               It is incomprehensible to me why federal legislation banning this Uzi was permitted to expire, said District Attorney Hynes. The fire power it produces can only put Police Officers at risk throughout this country. 

                 Senator Marty Golden, the sponsor of the Crimes Against Police Act in the Senate stated, "As a former NYC Police Officer, I have looked into the eyes of would-be cop-killers and attended the funerals of many friends and colleagues. Police officers risk their lives everyday, and those who threaten their safety should know that the law-abiding citizens of New York will no longer tolerate such heinous crimes. These new, harsher penalties recently adopted will bring an end to such recidivism and will make safer all law enforcement officers." 

              PBA President Lynch said, "A person who will shoot at a police officer will not hesitate to kill anyone. That is why the PBA firmly believes that the penalty for killing a police officer should be death. The new crimes against police laws can make an important difference in the attitudes of criminals towards the police. Vigorous prosecution under these laws will instill respect for the badge and uniform in the mind of the criminal community. That will help to protect our police and it will help us to protect our city. 

            There is no greater crime against society than the purposeful shooting of a police officer during the performance of his duties, said SBA President Mullins. Trying this gunman under the new law is a step in the right direction. If ever a case screamed out for the harshest penalty possible, this one does. 

            Assemblyman Lentol said, When a Police Officer is subjected to an attempted assault in the line of duty, it is also an attack upon our community. District Attorney Hynes is using the newly enacted Attempted Aggravated Murder Law for the very first time in our home borough of Brooklyn. For the sake of our community, I hope that the DA is successful in this prosecution and that this statute proves to be a deterrent to the unacceptable behavior that led to this prosecution. I further hope that New York’s Finest derive some measure of protection from the rigorous enforcement of this new law.   

             The incident occurred on January 21, 2006 outside of the Rag Top Lounge located at 1308 Utica Avenue in the 67th Precinct. Henry, 24, had been at the club earlier in the evening and returned at 4:00 AM. Bouncers at the door frisked him and found a gun. They refused to let him into the club and eventually called police.  

             Two uniformed officers, Sgt. Ajay Kapur and Police Officer Andrew Rydlewski, remained out of sight, to avoid a possible shootout outside a crowded club, and called for backup. When Henry drew his gun and fired at the club, the officers came to the scene and shouted, Don’t move, police, drawing their own weapons. 

             In the chase that followed, Henry turned around and fired his gun at Kapur and Rydlewski, missing. Both officers opened fire and hit Henry several times. 

            The new Aggravated Murder statute applies to situations in which the defendant is over 18 years old and intends to kill a police officer. The other new law, Menacing a Police Officer, can be applied when the defendant uses a weapon to threaten or instill fear in an officer. Both laws require the defendant to know the police officer is on duty.           

            The case is being prosecuted by Assistant District Attorneys Joseph Alexis and Lekha Varghese. Vinoo Varghese of the Assault on Police Officer Unit also worked on the case. Angelo Morelli is Chief of the Assault on Police Officer Unit.  

Contact:  Jonah Bruno
                  718-250-2300

005

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES SENTENCING OF RAPIST CAUGHT ON DNA MATCH 

ATTACK OCCURRED DURING HOME BURGLARY 

            Brooklyn, February 3, 2006 – Kings County District Attorney Charles J. Hynes today announced the sentencing of Bryant Gill, 44, to 40 years to life, for raping a woman who came home as he was burglarizing her apartment, March 1, 2003.  

Gill was about to become eligible for parole in a two-to-four-year sentence on an unrelated burglary conviction, when he was indicted for the rape, preventing his release. 

            After the 2002 conviction, a sample of Gill’s DNA was entered into the statewide DNA database. That sample matched a rape-kit swab taken from the woman, who was 27 when she was raped.  

            She had just come home from work and found Gill in the process of burglarizing her apartment. He attacked her, striking her several times and raping her. He then fled with her CD player and other items.   

            In addition to the top charges of Rape in the First Degree and Burglary in the First Degree, Gill was also sentenced on charges including Sexual Abuse in the First Degree, Robbery in the Second Degree, Grand Larceny in the Fourth Degree and Assault in the Third Degree. 

            Since the DNA database was created, there have been 76 cold-hit indictments which involved 104 victims in Brooklyn.  Those 104 cases would not have been solved if not for the DNA database. 

            The case was prosecuted by Deputy Bureau Chief Rachel Schmidt from the Sex Crimes Bureau.  Rhonnie Jaus is Chief of the Sex Crimes Bureau. 

Contact:   Sandy Silverstein
                   718-250-2300

006

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES 30-YEAR PRISON SENTENCE IN BEAUTY SALON ROBBERIES         

            Brooklyn, February 3, 2006 – Kings County District Attorney Charles J. Hynes today announced the sentencing of Piru Umoja to 30 years in prison for participating in gunpoint robberies of nine people in four beauty salons in August 2004. 

            Umoja, 26, and his brother, Kevin Williams, 23, targeted beauty salons in the 77th, 79th, and 81st police precincts of northern Brooklyn. The majority of the people in the salons at the time were women, as were seven of the victims. The defendants took cash from the registers and customers, as well as jewelry, cell phones, and on one occasion, beauty supplies. 

            In one robbery they stole the purse of a woman who was nine months pregnant, on her way to her baby shower and happened to have her mortgage payment – in cash – in the purse Umoja and Williams took.

            Williams pleaded guilty in November 2005, but Umoja decided to take his chances at trial, where he was convicted of nine counts of Robbery in the First Degree. Williams was sentenced to nine years in prison. 

            Assistant District Attorney Joe Alexis of the Trial Division and Bari Altberg of the Blue Zone prosecuted the case.  

Contact:   Jonah Bruno
                 718-250-2300

007

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES INDICTMENT OF PHONY VETERINARIAN 
CAT DEPUTIZED FOR UNDERCOVER STING
 

         Brooklyn, February 8, 2006  Kings County District Attorney Charles J. Hynes today announced the arrest and indictment of Steven Vassall, who is charged with posing as a licensed Doctor of Veterinary Medicine and conducting risky surgeries on people’s pets. 

            The indictment charges that, with no training or license to practice medicine, Vassall, 28, conducted an operation on a five-year-old Boston terrier, Burt, which nearly took the dog’s life. Burt’s owner sent him to Vassall to have an ailment diagnosed, and Vassall quickly recommended surgery to remove a foreign object from the dog’s intestines, after only examining the outside of Burt’s stomach.  

             After difficulties in the operation, Vassall recommended euthanizing the dog. At the owner’s insistence, Burt was kept alive and returned  along with a bill for $985  with infected sutures in his stomach. The dog required additional treatment, at a legitimate vet, to fix the problems caused by Vassall’s botched surgery. Burt’s owner questions whether the first operation was necessary. 

            Animal cruelty is among the most heinous crimes, because people’s pets are the most innocent victims, said DA Hynes. We will make sure this so-called doctor faces the maximum penalty for what he did to these animals. 

            Crucial to the investigation was an eight-month-old former stray cat named Fred, who was deputized by Detective Investigators at the District Attorney’s Office and went undercover to work on the case. 

            Investigators wired a Brooklyn apartment with hidden cameras and microphones and told Vassall to come take Fred to be neutered. Vassall told Detective Investigator Stephanie Green-Jones that he would neuter Fred for $135. But as soon as he walked away from the house with $135 in cash, and the cat in a carrying box, Vassall was arrested. 

            When Fred was rescued from the streets by New York City Animal Care and Control, he was a four-month-old kitten with pneumonia so severe he only had the use of one half of one lung. He has since been fully rehabilitated and is being adopted by his foster family.           

            AC&C is so happy that one of their own, a little stray kitten who got a second chance at life, distinguished himself in his first undercover assignment. Fred and his human partners have ensured that no animal is harmed by this veterinary imposter, said Mary Martin Executive Director or New York City Animal Care and Control. 

            None of the patients’ owners ever saw Vassall’s veterinary offices. He would retrieve the animals at their homes, take them to an undisclosed location for surgery, and then return them, sometimes in worse condition than before their operations. 

              Vassall is charged with Overdriving, Torturing and Injuring Animals. He is also chargedwith Unauthorized Use of a Professional Title and Unauthorized Practice, both Class-E Felonies. He faces up to four years in prison.               

              The investigation is ongoing, and Vassall is suspected of having seen numerous patients illegally. Anyone who believes their pets were among Vassall’s victims should call the Brooklyn District Attorney’s Citizen Action Center, at (718)250-2340. 

             To check the credentials of a veterinarian, go to the New York State Education Department’s Office of the Professions website, for a listing of all individuals in the state licensed in the various professions and any disciplinary history. (www.op.nysed.gov) 

              Senior Assistant District Attorneys Karen Turner and Tanisha Simon of the Investigative Division are prosecuting the case. Michael Vecchione is Chief of the Investigative Division. 

Contact:   Jonah Bruno
                    718-250-2300

008

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES POLICE COMMISSIONER RAYMOND W. KELLY AND DEPARTMENT OF INVESTIGATION COMMISSIONER ROSE GILL HEARN ANNOUNCE INDICTMENT IN TISSUE THEFT

BONES FOR TRANSPLANT TAKEN FROM CORPSES WITHOUT CONSENT  

            Brooklyn, February 23, 2006 – Kings County District Attorney Charles J. Hynes, New York Police Commissioner Raymond W. Kelly, and Department of Investigation Commissioner Rose Gill Hearn today announced the arrest and indictment of Michael Mastromarino, Joseph Nicelli, Lee Crucetta and Christopher Aldorasi for participating in a scheme to steal tissue from the corpses of people who never gave consent to be donors. The tissue was then sold to tissue transplant companies where it would be used in surgical procedures around the world. 

            District Attorney Hynes said, “What happened here stealing tissue from the dead and selling it for transplant without consent of a family member and without taking any medical precautions to ensure that transplants were free from disease or defect is like something out of a cheap horror movie. But, for the thousand of relatives of the deceased whose body parts were used for profit, and the recipients of the suspect parts, this was no bad movie.  It was the real thing. 

            I’d like to thank Police Commissioner Kelly and DOI Commissioner Gill Hearn for their cooperation in this investigation,” DA Hynes added.

            DOI Commissioner Gill Hearn said, "The conduct uncovered in this investigation is monstrous. It is a family's worst nightmare that a loved one entrusted to the care of a funeral home was actually defiled. The deceased and their families have not been able to rest in peace.

             And, this ghastly conduct has sent a ripple of fear to anyone who has had a medical implant.  I offer condolences to the grief-stricken families victimized by the crimes charged here today.  I say to them, justice will be served." 

            Commissioner Kelly said, “Detective Patricia O'Brien and her fellow detectives are to be commended for tenaciously pursuing the ghoulish criminal activity in this case. She extracted from crucial witnesses the first chapter in a horror story which would shake the funeral industry to its core.           

             According to the 122-count indictment, the team forged death certificates and organ-donor consent forms to create the appearance that the tissue was harvested legally. Though tissue transplant guidelines set age limits and health requirements for donors, the defendants falsified the ages of their victims, so in one case, a 95-year-old cancer victim was listed as a healthy 85-year-old who died of heart failure. 

              It is illegal for people to sell their tissue or other body parts. They can only be donated, and only with the expressed, written consent of the donor, before the person dies. However, on the open market, one body can bring in as much as $250,000 for harvesting and transplant companies.  

               Mastromarino, a former oral surgeon, got into the tissue business after losing his dentist’s license. Nicelli, of 49 Clifton Ave., Staten Island, owned Daniel George & Son funeral home at 1852 Bath Ave., Brooklyn, before partnering with Mastromarino in a tissue trading company, BioMedical Tissue Services and BioTissue Technologies. The companies were licensed in New Jersey but had offices in Brooklyn. Crucetta and Aldorasi both worked with Nicelli and Mastromarino removing body parts. 

                The investigation began after people who bought Daniel George from Nicelli found numerous inconsistencies in the bookkeeping. They came to the Brooklyn District Attorney’s Office to complain that money paid in advance for future funerals was missing from the business’s accounting records. The investigation that followed uncovered a scheme to steal bones from unwilling donors. 

                In a secret room in Daniel George & Sons, Mastromarino would remove bones, tendons, heart valves and other tissue from recently deceased people. When the bodies were of people who had not consented to the procedures, or were too old or ill to donate tissue, Mastromarino and Nicelli doctored their death certificates and forged consent forms, according to the indictment. In those cases, Mastromarino replaced the bones with plastic polyvinyl chloride, or PVC, piping and repaired the incisions, so they would not be noticed at the funeral. 

               Nicelli also owned a business transporting bodies to funeral homes and would be notified of deaths. In this capacity he could supply Mastromarino with corpses. Two of the funeral homes involved included Daniel George & Sons, at 1852-56 Bath Avenue, Brooklyn, and New York Mortuary, at 2242 First Avenue, Manhattan. 

               The charges against the defendants include Enterprise Corruption, a Class-B Felony punishable by up to 25 years in prison, Body Stealing and Opening Graves (Class-E Felonies), Unlawful Dissection (an unclassified Misdemeanor), Forgery in the Second Degree, Grand Larceny in the Third Degree (Class-D Felonies) and Falsifying Business Records in the First Degree (a Class-E Felony). 

                 The investigation is ongoing and more arrests are expected. 

                From the Department of Investigation, Deputy Inspector General Stephan Zander, NYPD Deputy Inspector John Walsh, and NYPD Detective John Woo worked on this case. 

                 Detectives Paul Courtney and Patricia O’Brien and Sgt. Timothy Breen from the NYPD’s Major Case Squad also worked on the case. 

                 DA’s Office Detective Investigators Anthony Nelson, Michael Seminara, and Patrick Lanigan assisted in the investigation, under the supervision of Supervising Detective Investigator Robert Intartaglio. 

                  Assistant District Attorney Josh Hanshaft, Rackets, Deputy Bureau Chief, is prosecuting the case and is being assisted by Patricia McNeill, Rackets, Bureau Chief. Michael Vecchione is Chief of the Investigative Division.  

Contact:   Jonah Bruno
                   718-250-2300

009

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES YCP GRADUATION  

           Brooklyn, February 28, 2006 Kings County District Attorney Charles J. Hynes is proud to announce the graduation of 46 people enrolled in his YCP (Youth and Congregations in Partnership) program. The ceremony will be held Tuesday, February 28, from 6:00 to 8:00 PM at Brooklyn Borough Hall, 209 Joralemon Street.  

           YCP is a community-based early intervention program for Brooklyn’s court-involved and at-risk youths, ages 13 to 22, promoting rehabilitation, education, and civic responsibility before they develop long-term problems. 

           This year, 46 graduates completed the one-year program. They will receive special awards from the DA and most of their court cases will be dismissed or sealed. Along with DA Hynes, several church leaders will speak at the ceremony, praising the graduates’ hard work and accomplishments. This year, recording artist and producer Kwame will be the special guest speaker. He has worked with artists such as Mary J. Blige, LL Cool J and Nick Cannon and relates well to young people. Kwame will encourage them to start new, productive lives away from crime. Some of the award recipients will give their own presentations, as well. 

          Throughout the intensive program, participants attend training and educational programs, are given access to comprehensive services, and are mentored by a committee of trained, adult volunteers. They receive counseling for substance abuse, anger management, and conflict resolution, as well as mental health services, family counseling, educational support, career readiness training, and job placement. They also participate in cultural and artistic projects. 

            YCP was established in 1997 by District Attorney Hynes, as one of the DA’s alternative-to-prison, rehabilitation programs. The program is a collaboration between the District Attorney’s Office and the Brooklyn religious community and includes social workers, churches, and community service providers. After a juvenile is arrested, the court must first approve the referral into the mentoring program. YCP gives young people a second chance. 

Contact:   Sandy Silverstein
                    718-250-2300

010

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES AND POLICE COMMISSIONER RAYMOND W. KELLY ANNOUNCE INDICTMENT IN MURDER OF IMMETTE SAINT GUILLEN 

BOUNCER FACES LIFE WITHOUT PAROLE

                         Brooklyn, March 23, 2006 Kings County District Attorney Charles J. Hynes and Police Commissioner Raymond W. Kelly today announced the indictment of Darryl Littlejohn, 41, in the murder of John Jay College graduate student Immette Saint Guillen.

              In a three count indictment, Littlejohn is charged with one count of Murder in the First Degree and two counts of Murder in the Second Degree for the death of Saint Guillen. If convicted of the highest count, he faces a maximum sentence of life in prison without the possibility of parole.

             This indictment shows what can be accomplished when the top minds at the DA’s Office, the NYPD, and the Office of the Chief Medical Examiner work together to solve a difficult case,” said District Attorney Hynes. “Immette Saint Guillen’s horrific murder will not go unpunished.

             "Detectives and prosecutors did outstanding, painstaking work in identifying and indicting a dangerous killer. The fact that he remains in custody brings a measure of comfort to all concerned," said Commissioner Kelly.

In the early morning hours of Saturday, February 25, 2006, Immette Saint Guillen, 24, entered The Falls bar on Lafayette Street in Manhattan for a final nightcap. Less than seventeen hours later, her body was found wrapped in a dirty bedspread and dumped on the side of a deserted stretch of Fountain Avenue, just north of the Belt Parkway in East New York. Her hands and feet were bound, she had been sexually abused, her mouth was gagged and her head completely wrapped in tape. She died of asphyxiation.

             Littlejohn, who lives in Jamaica, Queens, had been employed by the management of the The Falls Bar to provide security for that establishment, as a bouncer.

           This case was investigated by Detectives Mark Brooks and Maria Quinones of the 75 Pct. Detective Squad, commanded by Lt. Patrick Johnston, as well as Detectives Sean McTighe and James Kennedy of the Brooklyn North Homicide Squad, commanded by Lt. John Cornicello. Other participants in the investigation were the Major Case Squad of the NYPD, including Sgt. Francis Murnane and his team, the NYPD Crime Scene Unit, the NYPD Police Lab, and the Office of the Chief Medical Examiner and its Forensic Biology lab. The police Investigation was headed by Chief Robert Giannelli.

            Deputy District Attorney Kenneth Taub, Chief of the Homicide Bureau, is prosecuting the case.

  Contact:  Jonah Bruno
                    718-250-2300

 

011

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCED THE MURDER CONVICTION OF TROY HENDRIX AND KAYSON PEARSON

 DEFENDANTS FACE LIFE WITHOUT PAROLE

            Brooklyn, March 23, 2006 Kings County District Attorney Charles J. Hynes today announced the conviction of Troy Hendrix and Kayson Pearson for the kidnapping, rape and murder of 19-year-old Hunter College student Ramona Moore, in April 2003.

            They were also convicted of kidnapping and raping another woman, who survived, to testify against them.

 District Attorney Hynes said, I am hard pressed to find a more evil case. I am satisfied that these defendants will never see the outside of a prison cell, and I grieve with the family of Ramona Moore, for their loss.

             A jury convicted Hendrix, 22, and Pearson, 24, of Two Counts of Murder in the First Degree, Two Counts of Kidnapping in the First Degree, and One Count each of Rape in the First Degree and Sodomy in the First Degree.

             When they are sentenced April 11, they face a maximum of life in prison without parole.

           Pearson and Hendrix face additional charges for a January courtroom outburst that resulted in a mistrial. In that incident, Pearson and Hendrix are charged with stabbing Pearson’s defense attorney and two court officers, with sharpened pieces of plastic they snuck into the courtroom.  

             Assistant District Attorney Anna-Sigga Nicolazzi, Deputy Chief of the Homicide Bureau, tried the case. Deputy District Attorney Kenneth Taub is Chief of the Homicide Bureau.

 Contact:   Jonah Bruno
                    718-250-2300 

  

012

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES ARREST OF 10 PEOPLE FOR ORGANIZING ILLEGAL SPORTS BETTING 

ORGANIZATIONS GROSSED MORE THAN $45 MILLION ANNUALLY 

            Brooklyn, March 26, 2006  Kings County District Attorney Charles J. Hynes today announced the arrest of 10 people, for running illegal gambling operations that took in excess of $45 million annually on sports bets, including $300,000 on March Madness, the NCAA college basketball tournament. DA Hynes was joined by heads of New York State’s five Off-Track Betting agencies, in a call for legalized sports gambling. 

                Money gambled illegally on sporting events is the funding that fuels the business of organized crime, said District Attorney Hynes. If sports betting were legal, that money could go toward funding education, health care and fighting terrorism, instead of being used to fund murders and extortion, as it is now. 

              Investigators with the Brooklyn DA’s Office learned of the gambling operations from confidential informants, who told investigators how they could place sports bets over the phone, between the hours of 6 and 8 p.m. on nights when the games were played. Once investigators discovered the addresses of the otherwise empty apartments  or Wire Rooms where the phones were answered, they obtained warrants to search the locations. 

             Saturday investigators executed 20 search warrants for the defendants’ homes, wire rooms, safe deposit boxes and vehicles in Brooklyn, Queens and Manhattan. They arrested 10 people on felony gambling charges and seized $300,000 in cash, in addition to computers and records showing the various operations took bets totaling more than $45 million annually. Six of the nine locations searched were controlled by people with suspected ties to the Chinese Fukanese street gang. Others were controlled by people with links to the Gambino crime family and more traditional organized crime. 

             OTB officials estimate that $230 billion is wagered on sports games in America each year and 33 percent of that is on college sporting events, like March Madness. Nationwide last year as much as $4 billion was wagered on the NCAA basketball tournament, and Nevada, the only state which allows such betting, took in $90 million in legally placed bets. On the Super Bowl, approximately $4 billion is also gambled nationwide, with $75 to $80 million bet legally in Nevada.   

            The investigation is ongoing, and more arrests are expected. 

             The raids were executed by the District Attorney’s Detective Investigators, under the direction of Chief Joseph Ponzi, and NYPD Detectives from the Kings County District Attorney’s Squad, under the direction of Lt. Leonard Z. Fuller. 

             Executive District Attorney Christopher Blank, of the Investigative Division, is prosecuting the case. Michael Vecchione is Chief of Investigations. 

Contact:   Jonah Bruno
                   718-250-2300

013

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES AND HUMAN RESOURCES ADMINISTRATION COMMISSIONER VERNA EGGLESTON ANNOUNCE WELFARE FRAUD INDICTMENT 

CHARGES INCLUDE FRAUDULENT CLAIMS TO FEMA FOR KATRINA AID 

            Brooklyn, March 23, 2006 Kings County District Attorney Charles J. Hynes and Human Resources Administration Commissioner Verna Eggleston today announced the indictment of Donna Fenton for Welfare Fraud and Grand Larceny. 

            The indictment charges that Fenton applied for, and received welfare payments, based on the bogus claim that her 14-year-old daughter lived with her. But her daughter had been adopted by another family in 1994. 

            In an application for hurricane Katrina assistance from the Federal Emergency Management Agency, Fenton claimed to live at 110 S. 21st St. Apt 3, Biloxi, Miss. However, there is no 21st Street in Biloxi, and financial records show that Fenton was in Brooklyn when the hurricane struck. The indictment charges that she received more than $3,000 in funding targeted to people who suffered losses in the storm. 

            Fenton is charged with two counts of Grand Larceny in the Third Degree, two counts of Grand Larceny in the Fourth Degree, and one count each of Welfare Fraud in the Third Degree, Welfare Fraud in the Fourth Degree, and Offering a False Instrument for Filing in the First Degree. She faces up to seven years in prison if convicted. 

           According to District Attorney Hynes, HRA’s Bureau of Fraud Investigation began an investigation after receiving an internal complaint. Special Investigators Katey Courtney and Supervising Investigator Frank Pira worked on the case.

           "The staff at HRA work hard to ensure that people who are in need of temporary assistance are directed to the appropriate source. They work equally as hard to identify those who file false application, when there is no real need at all. This is an example of one of those cases,” Commissioner Eggleston said. 

            Assistant District Attorney Frank Dudis, of the Public Assistance Crimes Bureau, is prosecuting the case. Lauren Mack is Chief of the Public Assistance Crimes Bureau.

 Contact:   Jonah Bruno
                    718-250-2300

014

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES HATE-CRIME CONVICTION OF STEPHEN POMIE 

VICTIM BEATEN BECAUSE OF SEXUALITY 

        Brooklyn, March 28, 2006 Kings County District Attorney Charles J. Hynes today announced the conviction of Stephen Pomie of Assault in the First Degree and Assault in the First Degree as a Hate Crime. A jury delivered the verdict in Pomie’s trial just before 6 p.m. yesterday. 

            When he is sentenced, April 24, Pomie faces a maximum of 25 years in prison. 

            Pomie, 23, was convicted of the top counts against him, for attacking 26-year-old Dwan Prince because Prince was homosexual. The attack occurred at 11:48 p.m. June 8, 2005, as Prince walked home along E. 94th Street at Kings Highway. Pomie, a reputed member of the Crips street gang, assaulted Prince in the street, beating him unconscious, kicking him in the head and shouting anti-gay slurs. A witness called 911 and Prince was taken to Brookdale Hospital in a coma. 

            Assistant District Attorney Tom Ridges of the Homicide Bureau and Assistant District Attorney Lyle Smith prosecuted the case. Kenneth Taub is Chief of the Homicide Bureau. 

Contact:   Jonah Bruno
                    718-250-2300

015

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES MURDER INDICTMENT AGAINST RETIRED FBI AGENT AND TWO MOB HIT MEN IN MULTIPLE MURDER CASES 

FORMER AGENT DEVECCHIO CHARGED WITH AIDING MAFIA ‘HITS’ 

             Brooklyn, March 30, 2006  Kings County District Attorney Charles J. Hynes today announced the arrest and indictment of retired FBI Agent Roy Lindley DeVecchio and two men  Craig Sobel and John Sinagra  associated with the Colombo crime family, who have all been implicated in mafia murders from 1987 to 1992. 

            The murders all took place when DeVecchio was assigned to work with FBI “top echelon informant and Colombo Family king pin Greg The Grim Reaper Scarpa, in Brooklyn. Sobel and Sinagra are charged with being triggermen in two mob hits, and DeVecchio is charged with acting in concert in four mob-related killings. 

            This is the most stunning example of official corruption that I have ever seen, said District Attorney Hynes. Four people were murdered with the help of a federal law enforcement agent who was charged with keeping them safe. Lindley DeVecchio deserves the maximum sentence of 25 years to life for each of these killings. 

            In 2004 US Rep. William Delahunt (D-Mass.), a member of the House Judiciary Committee, was involved in preparing for hearings to look into allegations against FBI agents involved in organized crime investigations. The pre-hearing investigations uncovered discrepancies regarding DeVecchio and his relationship to Scarpa during 1980s and early 1990s. Delahunt referred the case to the Brooklyn District Attorney’s Office and recommended an investigation, which became this case. 

Congressman Delahunt said, I wish to commend District Attorney Hynes and the Brooklyn DA's Office for undertaking the investigation and prosecution of this case involving evidence of serious FBI misconduct based on information referred by my office, to the District Attorney. Pursuant to its oversight responsibilities the Judiciary Committee will closely monitor the proceedings in this case, and review all the evidence presented concerning FBI misconduct.

            The first murder victim, Mary Bari, 31, was the stunning brunette girlfriend of Colombo consigliore Alphonse Persico, brother of then Colombo Family boss, Carmine Persico. The indictment charges DeVecchio told Scarpa that Bari had been speaking to federal authorities and should be taken care of. On September 25, 1984, she was shot and killed in a Brooklyn social club by Scarpa and other members of the Colombo crime family.  

            DeVecchio is also charged with urging Scarpa to kill Joseph DeDomenico, a Colombo soldier who was considered a threat, because he had been using drugs, committing crimes without involving Scarpa and courting Born-Again Christianity. DeDomenico, 45, was killed September 17, 1987, by Scarpa and other Colombo associates. 

            Sobel is charged with firing two blasts from a sawed-off shotgun that killed 17-year-old Dominick Masseria on the steps of Our Lady of Guadalupe Church on 15th Avenue and 72nd Street in Brooklyn, October 31, 1989. Earlier that Halloween night Masseria had been present at an egg-throwing incident which turned violent, and involved several other youths from the neighborhood. While walking home he was the victim of a drive-by shooting. Present in the car were triggerman Sobel, Joseph Scarpa  Greg Scarpa’s teenage son  and his friend Patrick Porco. 

            In May of 1990 Porco was questioned by detectives at the 62nd Precinct about Masseria’s murder. DeVecchio contacted Greg Scarpa to tell him that Porco, 18, had been speaking to authorities about Joseph Scarpa’s involvement in the Masseria shooting. Sinagra is charged with carrying out a Scarpa-ordered hit on Porco, to prevent him from speaking about Masseria. 

            The final murder charged is of a criminal rival of Scarpa’s, Lorenzo Lampasi, during the war within the Colombo crime family. Scarpa informed DeVecchio that he wanted to kill Lampasi, 66, and DeVecchio is charged with providing Scarpa critical information – obtained during law-enforcement surveillance  regarding Lampasi’s address and personal habits. May 22, 1992 Lampasi was murdered in his driveway at 4 a.m., the time that Lampasi left his home every morning. 

District Attorney Hynes added, For their full cooperation throughout this investigation, I’d like to thank the Office of Roslyn Mauskopf, the United States Attorney for the Eastern District of New York; FBI Director Robert Mueller and the staff at FBI Headquarters in Washington, DC; the New York Office of the FBI; the New York Office of the Drug Enforcement Administration; the Pennsylvania Office of the Drug Enforcement Administration; the United States Marshals Service; the Florida Department of Law Enforcement Brooksville Field Office; and the Criminal Apprehension Team of the Las Vegas Nevada Metro Police Department. 

            Assisting in the Investigation were District Attorney’s Office Investigators Chief Joseph Ponzi, Al Lombardo, Greg DeBoer, Patrick Lanigan, Anthony Nelson, Thomas Dades, Dennis Bootle, Robert Kenavan, and David Reilly; and retired NYPD Detective Joseph Piraino.           

            The case is being prosecuted by Chief of the Investigations Division Michael Vecchione and Bureau Chief Noel Downey and Assistant District Attorney Brian Wallace.

Contact:   Jonah Bruno
                   718-250-2300

016

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCED THE INDICTMENT OF CONVICTED MURDERERSTROY HENDRIX AND KAYSON PEARSON 

            Brooklyn, April 4, 2006 – Kings County District Attorney Charles J. Hynes today announced an indictment of Troy Hendrix, 22, and Kayson Pearson, 24, for a courtroom attack on an attorney and a court officer, while the defendants attempted to escape during a trial for the kidnapping, rape and murder of 19-year-old Hunter College student Romona Moore. 

             The 40-count indictment charges that on January 19, the defendants smuggled into the courtroom two knives, or “prison shivs,” made of sharpened plastic. The indictment also charges that Pearson stabbed his attorney, Mitchell Dinnerstein, in the neck, while Hendrix jumped over a table and tackled Senior Court Officer Sgt. James Gorra, in an attempt to take the officer’s gun. 

              The outburst before the jury led Brooklyn Supreme Court Justice Albert Tomei to declare a mistrial. A new jury convicted Hendrix and Pearson of Murder in the First Degree and other charges, March 23. They face a maximum sentence of life without parole, plus up to 15 years on the new charges. 

            They will be arraigned on the new indictment and sentenced on the conviction April 11.  

                Pearson and Hendrix are charged with Attempted Robbery in the First Degree, Attempted Robbery in the Second Degree (Six Counts), Attempted Assault in the First Degree (Four Counts), Assault in the Second Degree (10 Counts), Attempted Assault in the Second Degree (Two Counts), Attempted Aggravated Assault on a Peace Officer, Attempted Assault on a Peace Officer, Assault in the Third Degree (Five Counts), Reckless Endangerment in the Second Degree, Attempted Escape in the First Degree (Two Counts), Promoting Prison Contraband in the First Degree (Two Counts), Attempted Criminal Possession of Weapon in the Second Degree, and Criminal Possession of a Weapon in the Fourth Degree (Three Counts). 

            Senior Trial Attorney Robert Walsh, of the Homicide Bureau is prosecuting the case. Deputy District Attorney Kenneth Taub is Chief of the Homicide Bureau.

Contact:   Jonah Bruno
                   718-250-2300

017

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES SENTENCING IN TAX EVASION SCHEME 

CO-OWNER OF RESTAURANT PAID BACK $2 MILLION IN RESTITUTION

            Brooklyn, April 5, 2006 Kings County District Attorney Charles J. Hynes today announced the guilty plea and sentencing of Paul Tang, 56, for filing false corporate tax returns, drastically understating his restaurant’s sales receipts.  Tang pled guilty today before Judge Richard Allman to Offering a False Instrument for Filing in the Second Degree, a class A misdemeanor.  He was sentenced to 90 days in jail on weekends.   The restaurant, Jade Plaza Restaurants, Inc., pled guilty to Offering a False Instrument for Filing in the First Degree, a class E felony.   

Tang surrendered himself to the District Attorney’s office on March 29.  He paid back $2 million in restitution on back taxes and fines.   

            An investigation conducted by the District Attorney’s Office, the NYC Department of Finance and the NYS Department of Taxation and Finance revealed that Tang has been filing these false quarterly sales tax returns with the NYS Department of Finance on behalf of Jade Plaza since 2002.  Restaurants are supposed to contribute 8.6 % in sales tax to the government.  By drastically understating the sales receipts, the restaurant reduced its sales tax payments to the city and state.   

            Tang is a partner in the Chinese restaurant located in Sunset Park, which has been operating since 1994.  He is charged because he was the individual who signed the tax returns.   

            It was also found that Tang would sometimes collect the sales tax from his customers and pocket the money.  At other times, he merely did not charge customers with sales tax if they were paying in cash or came in with a large party.  Also as part of the investigation, undercover detectives from the District Attorney’s office ate at the restaurant without being charged sales tax. 

            In April 2005, a search warrant was issued and business records were seized including day books, customer receipts, employee time cards, financial ledgers and bank deposit slips.  The records indicated that the defendant was underreporting the tax returns since 2002.   

            District Attorney Hynes said, The defendant in this case tried to cheat the government out of a substantial amount of money in taxes.  The records seized showed that the sales receipts did not match what was reported on the tax returns.  Obviously, there was a discrepancy.  This arrest goes to show you that if you try to cheat the system, sooner or later, you are going to get caught. 

            NYC Department of Finance Commissioner Martha E. Stark said, When restaurants and other cash businesses fail to their pay fair share of taxes, all New Yorkers suffer. We will continue to work with our partners in law enforcement to aggressively pursue tax cheats, while also encouraging businesses to come forward voluntarily. 

            Bureau Chief Gregory Mitchel from the Investigative Division is the Supervising Assistant District Attorney prosecuting the case along with Assistant District Attorney Jordan Rossman from the Money Laundering and Revenue Crimes Division.  DA Hynes thanked the City’s Department of Finance, including Harry Mozes, Gary Wong, and Fernando Gonzalez-Rios from the Enforcement Division, who established tax liability and conducted the financial investigation.  

Contact:   Sandy Silverstein
                    718-250-2300

018

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT IN TWO 1992 MURDERS LINKED TO RUSSIAN ORGANIZED CRIME