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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

TWO HOODS INDICTED FOLLOWING JOINT INVESTIGATION BY THE INVESTIGATIONS DIVISION OF THE KINGS COUNTY DISTRICT ATTORNEY’S OFFICE, THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE EASTERN & SOUTHERN DISTRICTS OF NEW YORK, THE FEDERAL BUREAU OF INVESTIGATION, AND THE NEW YORK CITY POLICE DEPARTMENT
 

                        Brooklyn, April 12, 2006 Kings County District Attorney Charles J. Hynes today announced the indictment of two individuals for their participation in two murders committed a month apart in 1992. Vitaly Ivanitsky, 32, and Marat Krivoi, 36, who in 1992 were members of a crew of young violent Russian criminals murdered Boris Roitman, 21, on August 26, 1992, and Thien Diep, 24, between September 23 and September 26, 1992, the indictment charges.  

            The indictment of Krivoi and Ivanitsky for these 14-year-old murders should remind all criminals that they can never be sure that the long arm of the law won’t grab them when they least expect it, said District Attorney Hynes. I hope that our efforts to bring justice in these murders gives some small measure of closure the Roitman and Diep families. I would like to commend the FBI, NYPD, the prosecutors from our Investigative Division and the U.S. Attorney’s Offices for their cooperative efforts in solving these two horrific cold cases. 

            This investigation is a terrific example of law enforcement joining forces to ensure that those responsible for the most violent of crimes are held accountable,” said Mark J. Mershon, Assistant Director-In-Charge of the FBI’s New York Office.  “I’m proud of the FBI agents and NYPD detectives who built this case, and I’m appreciative of the Brooklyn prosecutors who are bringing this case to justice. 

            "These indictments prove that a case is never too cold for investigators to thaw. Congratulations to the detectives and agents for an outstanding job," said Police Commissioner Raymond W. Kelly.

The indictment charges both Ivanistky and Krivoi with Murder in the Second Degree for intentionally killing Roitman. The indictment also charges each defendant with Murder in the Second Degree for killing Diep in the course of a robbery. If convicted, they face a maximum of 50 years to life in prison.  

            The investigation revealed that in 1992, Krivoi headed a crew of young Russian criminals ranging from their late teens to early twenties that preyed upon the growing population of immigrants from the former Soviet Union that settled in Brighton Beach, Manhattan Beach and Sheepshead Bay. The crew specialized in protection rackets, extortion, robbery, and burglary. The investigation revealed that Ivanitsky, Krivoi, and other members of the crew sought to garner the attention and respect of Boris Nayfeld and other more senior Russian criminals who ran their own brigades in Brooklyn at that time, in an effort to become members of Nayfeld’s brigade. At the time of the murders, Krivoi was married to Nayfeld’s daughter, Allyssa. Roitman also committed crimes with Krivoi’s crew.   

            Roitman was found dead from shotgun wounds to his chest and neck on a secluded walkway between the tennis courts of the Brooklyn Racket Club and an apartment building at 556 Shell Road, Brooklyn. The investigation revealed that Roitman was killed on orders from Krivoi because Krivoi feared that Roitman was a police informant. Other accomplices have not been apprehended. 

            Diep, a high-stakes pool player, played regularly at the Playboy Pool Hall near the corner of Avenue N and Coney Island Avenue. The investigation revealed that on September 23, 1992, after a night of playing pool at the Playboy, Diep was forced at gunpoint into his own car by Krivoi and Ivanitsky and their accomplices, who wanted to rob Diep. He was shot in the head and killed during the course of the robbery. After the robbery, Krivoi, Ivanitsky and their accomplices drove to a vacant lot near Seaview Park in Brooklyn and burned Deip’s car with his body inside. Three days later, children riding their bicycles found his badly burned body slumped on the rear seat of his car.  

            Special Agents Jeff Koch and Mario Pisano of the FBI-NYPD Eurasian Organized Crime Task Force led the investigation. 

            The case is being prosecuted by Executive Assistant District Attorney Christopher Blank and Bureau Chief John Holmes of the Investigative Division. Michael Vecchione is Chief of the Investigative Division. 

Contact:    Jonah Bruno
                    718-250-2300

019

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES 25-YEAR MAXIMUM SENTENCE IN HATE ASSAULT 

         Brooklyn, April 24, 2006 Kings County District Attorney Charles J. Hynes announced today that Steven Pomie received the maximum sentence for a bias attack last summer on a gay man in Brownsville. 

            Pomie, 23, was sentenced to 25 years for Assault in the First Degree as a Hate Crime and 25 years for Assault in the First Degree. Both sentences will run concurrently. Pomie was convicted by a jury in March. 

            He attacked 26-year-old Dwan Prince June 8, 2005, because Prince was homosexual. The incident occurred at 11:48 p.m., 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

020

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES HOLDS MEMORIAL SERVICE FOR VICTIMS OF CHILD ABUSE 

          Brooklyn, May 9, 2006 At an interfaith memorial prayer service for child abuse victims Sunday, Kings County District Attorney Charles J. Hynes noted that all communities and people are affected by child abuse. 

            Let this interfaith worship service be an opportunity for us all to now come together as one community, to remember and to pray for those most vulnerable  our children, said DA Hynes. Child abuse impacts all of us. 

            At the service at Brown Memorial Baptist Church on Washington Avenue in Bedford-Stuyvesant, ministers of the Shinto, Catholic, Protestant and Buddhist religions delivered prayers in their own languages for children who have died at the hands of their parents or guardians. 

            DA Hynes noted that since 1997, when he opened the first Crimes Against Children Bureau in New York State, sadly, 81 Brooklyn kids have died from child abuse.  

Also at the service, 20 children, ages 2 to 13, wearing hand-painted, t-shirts embroidered with the words In Memory Of fallen Angels, sang several songs, including We Are the World” and God Bless the Little Children. 

            To report child abuse in your community call the Brooklyn DA’s Citizen Action Center, at (718)250-2340.

Contact:   Orlando Rivera
                    718-250-2300

021

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES GUILTY VERDICT IN DINER SHOOTING 

DAMIEN HENRY CONVICTED OF ATTEMPTED MURDER AFTER SHOOTING AT RESTAURANT OWNER THROUGH WINDOW 

         Brooklyn, May 15, 2006 Kings County District Attorney Charles J. Hynes today announced the conviction of Damien Henry in the 2005 shooting at the Tropical Paradise Restaurant on Utica Avenue.  Henry was found guilty of Attempted Murder in the Second Degree and Criminal Possession of a Weapon in the Second Degree for shooting at the owner of the restaurant after a confrontation in which Henry was asked to leave.  He will be sentenced on May 25 before Judge Matthew D’Emic. 

            The incident occurred when Henry refused to put out a cigarette inside the restaurant.  He was confronted by one of the waitresses.  After this, the owner confronted Henry regarding the cigarette.  When the owner told him to leave, there was an argument.  Henry exited the restaurant then pulled a gun from his waistband and fired several shots at the victim.  Fortunately, the owner was not hit but the bullets destroyed the restaurant’s window.  The gun, which was not recovered at the scene, was the same gun used in the murder of Officer Dillon Stewart.  

            The case was prosecuted by Executive Assistant District Attorney Joseph Alexis and Assistant District Attorney Lekha Varghese from the Red Zone.    James Leeper is Chief of the Red Zone. 

Contact:  Sandy Silverstein
                   718-250-2300

022

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES WINNERS OF HIS 16TH ANNUAL LAW ENFORCEMENT APPRECIATION AWARDS 

EXEMPLARY OFFICERS FROM THE NYPD, NYFD, NYS COURT OFFICERS ASSOCIATION AND KINGS COUNTY DISTRICT ATTORNEY’S OFFICE RECOGNIZED FOR THEIR ACTIONS INCLUDING DODGING BULLETS, APPREHENDING DANGEROUS ARMED  FELONS AND SAVING LIVES 

CAT “DETECTIVE FRED” TO BE HONORED 

            Brooklyn, May 18, 2006 - Kings County District Attorney Charles J. Hynes today announced the winners of his 16th annual Law Enforcement Appreciation Awards at a ceremony at the Brooklyn Marriott Hotel. These 21 brave, dedicated men and women (and one cat) of law enforcement have served Brooklyn with honor, ensuring that our residents are safe. At great risk to their own lives, these officers have taken criminals off of the streets, saved other lives and foiled robberies. The ceremony, emceed by Juliet Papa of 1010 WINS Radio, recognized their heroic efforts. 

            The award recipients represent many different law enforcement agencies including the NYPD, NYFD, NYS Court Officers, and the Kings County District Attorney’s Office.  They were nominated by their supervisors and selected out of a long list of deserving candidates.  Many of the officers not only protect our citizens and make our streets safe, but they also get involved in the community.  

            District Attorney Hynes said, These honorees exemplify the best in law enforcement.  They go above and beyond the call of duty to ensure the safety of the citizens of Brooklyn.  They put their lives at risk everyday and we want them to know that we appreciate their efforts.  It takes a lot of courage to put yourself into some of the situations that these officers have had to face, but they do it time and time again.  They have all played a tremendous role in crime reduction and they serve as great role models. 

This year’s award recipients included: 

New York State Court Officers Lt. Kevin Gather, Sgt. James Gorra, Officer Osland Souvenir, Officer Erica Montanez, Officer Dennis Cherry, Officer Joseph Dentici, Officer Adam Cantor and Officer Gerard Dorrian  Kayson Pearson and Troy Hendrix  - were on trial for the brutal murder and rape of 15-year-old Ramona Moore in 2003.  On January 19, 2006, during the high-profile murder trial, the defendants snuck weapons into the courtroom.  Pearson took a sharpened piece of plexiglass out of his pants and stabbed his attorney, while Hendrix, also armed with a piece of sharp plexiglass, turned toward the court officers in an effort to get their guns.  Though these eight court officers risked their lives, they quickly took down the defendants, subduing the dangerous duo and confiscating their weapons.   The officers ensured the safety of everyone else in the courtroom.  They efficiently controlled a potentially chaotic and detrimental situation.  In April, the two defendants were sentenced to life in prison without parole for the murder.  They are awaiting trial on the courtroom incident. 

Detective Stanley Jacobson - Det. Jacobson, assigned to the Kings County District Attorney’s Office Squad, has had an extraordinary career.  He has worked on numerous criminal investigations, helping to put away many felons.  Jacobson began his career with the NYPD in 1986.  He has worked with several specialized units including the Community Policing unit, Precinct Peddler Unit and the Anti-Crime unit.  In 1994, he was assigned to the Brooklyn North Public Morals unit in the Organized Crime Control Bureau.  In 1995, he was selected for the Major Case Unit where he conducted long-term investigations for the DA’s Office and its Rackets Bureau.  In 1999, he was assigned to the Organized Crime Investigation Division.  His expertise in this area was instrumental in taking down illegal sports betting operations in Kings County.  Det. Jacobson is always the go-to guy when it comes to wiretap investigations.  He has obtained numerous Organized Crime Act indictments in the Kings County Grand Jury.  Not only is he an outstanding Detective, but he is active in the community, from his involvement in his son’s Boy Scout Troop to coaching soccer for developmentally disabled children.   

Sergeant Ajay Kapur and Police Officer Andrew Rydlewski  - These two officers from the 67th Precinct were responsible for apprehending one of the most dangerous and notorious criminals in Kings County.  On January 21 2006, the officers responded to a call from a bouncer at the Rag Top Lounge on Utica Ave.  Damien Henry was trying to enter the club.  Henry was causing a scene because the bouncer would not let him enter with a gun in his waistband.  Officers Kapur and Rydlewski contacted other officers to establish a perimeter around the location.  Then they heard a gunshot and saw Henry armed.  While standing behind their squad car, they identified themselves as police officers and told Henry to freeze.  Instead, he ran.  With no thought of their own safety, they pursued Henry, calling out for him to drop his weapon.  A gunfight quickly erupted as Henry turned and fired at the officers.  Kapur and Rydlewski responded in kind, hitting Henry with several shots, and allowing them to place him under arrest.  Although they received minor injuries during the episode, the officers stayed around to safeguard witnesses and evidence, which was instrumental in Henry’s indictment.  This case against Henry is ongoing.  However, he was convicted of Attempted Murder May 15, for an incident in which he shot at a restaurant owner who asked him to put out a cigarette.  He will be sentenced on May 25. 

Police Officers Juan Carlos Cruz and Hector Ramirez - On the morning of December 24, 2005, Officers Cruz and Ramirez from the 81st Precinct were returning from a domestic dispute call when they came upon a fight at a party, where a man was threatening guests with a revolver.  The officers ordered the man, Jerome Williams, to drop his weapon.  He ignored their order and turned the gun toward the officers.  Cruz and Ramirez then fired one shot each at Williams, striking him in the buttocks.  Williams, who was on parole for robbery, was arrested at the scene before being taken to the hospital.  He was indicted on January 31, and is awaiting trial. 


Sergeant John Brennan - On October 24, 2005, Sgt. Brennan was on a routine patrol with another police officer from the Brooklyn South Auto Larceny Unit.  They spotted a vehicle that was reportedly used in the gunpoint robbery of a furniture store.  Just minutes earlier, the store owner had been pistol-whipped by two armed men as three others waited in a getaway car.  After a brief foot chase, the officers apprehended three men, recovering more than $100,000 in cash and checks and two handguns.  The defendants were all indicted for Assault and Robbery. 

Sergeant Karen Pisano - On September 20, 2005, Sgt. Pisano saved the life of a man who suffered a heart attack.  Along with several police officers from the 61st Precinct, Sgt. Pisano responded to the scene of an accident where a police vehicle had been sideswiped by another car.  The driver suffered a heart attack and the officers rushed to his rescue.  Two police officers performed mouth-to-mouth resuscitation and chest compressions while Sgt. Pisano, who was the patrol supervisor, prepared the defibrillator.  After the sergeant shocked him twice, the driver was brought back to life. 

Lieutenants Joseph McKeon and Kevin Gallagher - On October 25, 2005, Lts. McKeon and Gallagher responded to a radio call of a reported gunpoint robbery in the confines of the 77th Precinct.  At the corner of Dean Street and Carlton Avenue, they saw a man who fit the description.  When they approached him, he fled.  Lt. Gallagher chased the man on foot while radioing for assistance, as Lt. McKeon got in his vehicle in an attempt to cut him off.  The man reversed his direction and ran directly toward Lt. Gallagher and displayed a handgun.  Lt. Gallagher ordered the man to stop, but he ignored the command.  So Lt. Gallagher fired his own gun but suspect was unfazed.  Lt. McKeon drove past him, cutting him off, and ordered the man not to move, again.  But he fled in another direction.  The individual then turned his firearm toward the officers.  Lt. McKeon fired his weapon, striking the suspect.  The man dropped his weapon but kept running until the officers caught up with him.   This man was a suspected member of the Crips street gang and was wanted for multiple gunpoint robberies.  

Fire Marshal Robert Greene Fire - Marshal Greene is assigned to the Chief Fire Marshal’s Confidential Investigation Unit at the FDNY headquarters in Brooklyn.  He also serves on the security detail for the Fire Commissioner.  He is a 28 year veteran of the FDNY, the last 19 years as a Fire Marshal.  His entire tenure as Fire Marshal has been spent in Brooklyn where he has received numerous commendations.  He has been involved in thousands of investigations resulting in hundreds of arrests for arson, rape, burglary, guns and homicides.  Working with the FBI’s Behavioral Science Unit, he was responsible for the arrest of a deadly serial arsonist in Brooklyn, the first serial arsonist to ever be arrested and convicted in the City of New York.  Fire Marshal Greene was also actively involved in the investigation of the first World Trade Center attack in 1993 and along with his partner Conrad Tinney, he worked around the clock after the 2001 attack, identifying missing and killed members of the service.  In addition, Fire Marshal Greene identified a security breach at Fire Department Headquarters and his investigation into the matter culminated in the arrest of a well known organized crime figure and the shutdown of an elaborate insurance scheme operating throughout the entire city.  Fire Marhsal Greene’s dedication to the job and his work ethic are immeasurable.  He is a truly valuable asset to the New York Fire Department. 

Supervising Detective Investigator Katherine Latawiec - Detective Investigator Katherine Latawiec has been with the Kings County District Attorney’s Office for 22 years.  After working in several departments including Homicide and Gangs, DI Latawiec became the Supervisor of the Drug Treatment Alternative to Prison Program (DTAP) in 1998.  Under her supervision, DTAP has enrolled over 2,475 candidates for entry into the program, which is designed to help rehabilitate non-violent felony drug offenders.  DTAP is the first prosecution-run program in the country to divert prison-bound felony offenders to residential drug treatment.  DTAP is recognized as one of the District Attorney’s most successful programs.  DI Latawiec personally screens and assesses each candidate into the program.  She is compassionate when dealing with the candidates and their families, making sure that they understand the entire process.  But when these drug offenders violate the terms of the program and abscond, DI Latawiec then assumes her warrant officer role and draws on her 22 year police career to set the apprehension phase in motion.  She is responsible for a 97% return rate on arrest warrants and most absconders are arrested within seven to 10 days.  

Undercover Detective Stephanie Jones and Undercover Detective "Fred the Cat" -  Detective Stephanie Jones has had an outstanding career.  She works as an Investigator in the District Attorney’s Office’s Rackets Division.  She is being recognized for her recent efforts in taking down a phony veterinarian with the help of an undercover kitten named Fred.  Steven Vassall was operating on, and harming, pets while practicing without a license.  He was performing risky surgeries and in one case, nearly killed a dog.  Detective Jones went undercover with Fred and set up an appointment with Vassall, informing him that her cat needed to be neutered.  The apartment that was used was set up with hidden cameras and microphones.  When Vassall came to the apartment, Detective Jones negotiated a price for the operation.  As Vassall left the apartment with Fred, police officers were waiting for him outside where he was subsequently arrested.  Since his arrest, Vassal has been connected to several other incidents of operating without a license.

023

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES GUILTY VERDICT IN RAPE OF TEEN

PHILLIP CAMPBELL RAPED VICTIM WHILE ON PAROLE
 

          Brooklyn, May 24, 2006 Kings County District Attorney Charles J. Hynes today announced the conviction of Phillip Campbell, 29, for raping a 16-year-old girl just days after his release from prison, for the statutory rape of another 16-year-old two years earlier. 

            Campbell was released from prison October 26, 2004 and quickly met his victim, a neighbor from across the street. They had sex Oct. 29, which was illegal, due to her age and Campbell’s. On Nov. 1, after she told him she no longer wanted to see him, Campbell forcibly raped her. 

            Campbell was convicted of Rape in the First Degree, Rape in the Third Degree and Criminal Contempt in the Second Degree, for violating a court order of protection when he mailed a letter to the victim, while the case was pending. 

            Because of prior felony convictions for Rape in the Third Degree and Burglary in the Third Degree, Campbell will be eligible to be sentenced as a predicate felon. When he is sentenced, June 6, Campbell could face up to 25 years in prison.  

            Kevin O’Donnell, of the Sex Crimes Bureau, prosecuted the case. Rhonnie Jause is Chief of the Sex Crimes Bureau. 

Contact:  Jonah Bruno
                  718-250-2300

024

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENTS OF 143 IN RED HOOK DRUG BUST 

$250 MILLION CONSPIRACY BROKEN UP 

         Brooklyn, May 25, 2006 Kings County District Attorney Charles J. Hynes today announced the indictment of 143 people implicated in a five-year, $250 million conspiracy to deal drugs and control the streets in and around the Red Hook housing development.

            The volume of illegal activity created by this amount of drug dealing turned the development into a drug supermarket, said District Attorney Hynes. No one living in this county should have to face the type of intimidation and fear imposed upon the people of Red Hook by this violent gang of drug-peddling thugs. Now parents can once again let their children play in their neighborhood parks and streets without fear. 

            Red Hook’s streets were constantly overwhelmed with traffic caused by the armed dealers and their customers making more than one million sales each year and earning the operation $50 million annually. Money was so plentiful and came in so quickly that when police made their sweep, street-level dealers carried as much as $900 in cash. Past experience has shown dealers at that level rarely carry as much as $100. 

            The 394-count indictment charges that several drug dealers divided the neighborhood into sections and that they collaboratively decided who would be allowed to sell which drugs, what the lower-level dealers would be paid, what the drugs would cost, and where they would be sold. And they used intimidation to ensure that the rules were followed. Part of their plan involved enlisting minors as dealers, hoping that would shield them from the stiff criminal penalties associated with selling large amounts of narcotics. 

            However, the 135 adults accused of exploiting children under 18 years of age have been charged with Conspiracy in the First Degree, which carries a maximum sentence of 25 years to life in prison.

            The defendants’ ages range from 16 to 69, and their charges range from misdemeanor drug possession, to felony drug sale, weapon possession, and Conspiracy. The apprehended defendants were arrested beginning April 28, in a wide-ranging sting operation involving the DA’s Major Narcotics Investigations Bureau and the NYPD.             

              Lawrence Oh and Maria Barrera, Bureau Chief and Deputy Bureau Chief, respectively, in the Major Narcotics Investigations Bureau, worked on the case. Suzanne Corhan is Chief of the Major Narcotics Investigations Bureau. Michael Vecchione is Chief of the Rackets Division. 

Contact:  Jonah Bruno
                  718-250-2300

025

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES GUILTY PLEA IN $100,000 MEDICAL TECHNOLOGY SCAM

PLEA DEAL INCLUDES ORDER TO PAY RESTITUTION 

         Brooklyn, May 31, 2006 Kings County District Attorney Charles J. Hynes today announced a guilty plea from a defendant charged with scamming a widow out of $100,000, which she believed she was investing in a company on the verge of curing leukemia and other diseases of the blood. 

            Alan Sarner, 65, pleaded guilty to Grand Larceny in the Second Degree, the top count against him. When he is sentenced July 31, before Brooklyn Supreme Court Justice John Walsh, Sarner will receive one to three years in prison and will be ordered to repay the victim $100,000 in restitution. 

            Using a false name, Sarner met the victim through the popular online dating service JDate.com. When, over dinner, she told him that her husband had died of leukemia, Sarner told the woman she could make money and help others like her by investing in a company he called, alternatively, Ultraviolet Blood Irradiation Company and Innovative Medical Services, Inc. He said the company was about to announce that it had developed technology to cleanse diseases, including hepatitis, herpes, and leukemia, from blood. But neither the company nor the technology ever existed. 

            Over the next several weeks, Sarner convinced her to give him three checks, totaling $100,000.  

            If you believe you have been the victim of fraud, contact the Brooklyn District Attorney’s Citizen Action Center, at (718)250-2340. 

            Assistant District Attorney Nicholas J. Batsidis prosecuted case for the Rackets Bureau. Michael Vecchione is Chief of the Rackets Division. 

Contact:   Jonah Bruno
                   718-250-2300

026

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES FIRST-DEGREE RAPE CONVICTION 

DEFENDANT LEFT WALLET IN VICTIM’S APARTMENT AFTER ATTACK 

        Brooklyn, May 31, 2006 Kings County District Attorney Charles J. Hynes today announced the conviction of a rapist who broke into a stranger’s apartment, demanded money and then attacked her. 

           On the morning of December 7, 2004, the victim awoke to find a stranger, Alexander Morales, in her bedroom demanding money. After she gave him what she had, the woman ran out her apartment door and into the hallway, where she screamed for help. Morales punched the woman and dragged her back into the bedroom, where he raped her, ransacked the apartment and left, with her jewelry, money, car keys, and house keys. 

           Minutes after the victim called 911, police spotted Morales less than two blocks away and arrested him. He was carrying the victim’s belongings in his pocket. When they went to the victim’s apartment, police found that Morales had left behind some tell-tale signs of his presence there: his wallet, with a photo I.D., and a hand-rolled cigarette, which contained traces of his DNA. 

           Morales, 29, was convicted by a jury of Rape in the First Degree, Burglary in the First Degree, Robbery in the Second Degree, Two Counts of Sexual Abuse in the First Degree, Assault in the Second Degree, Criminal Possession of Stolen Property in the Fifth Degree, and Criminal Sexual Act in the First Degree.

            When he is sentenced June 13, before Brooklyn Supreme Court Justice Gustin Reichbach, he faces a maximum of 50 years in prison, 25 years each, for the rape and the burglary. 

             Assistant District Attorneys Sara Litman and Christina Fay prosecuted the case for the Sex Crimes Bureau. Rhonnie Jaus is Chief of the Sex Crimes Bureau.

Contact:  Jonah Bruno
                  718-250-2300

027

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES ARRAIGNMENT IN MOB-RELATED MURDER 

DEFENDANT CONNECTED TO FORMER FBI AGENT DEVECCHIO  

                        Brooklyn, June 6, 2006 Kings County District Attorney Charles J. Hynes today announced the arraignment of Craig Sobel, charged with pulling the trigger in a mob-related drive-by shooting on Halloween 1989. The murder was solved by investigators looking into the relationship between retired FBI agent Roy Lindley DeVecchio and Colombo Family king pin Greg The Grim Reaper Scarpa. 

            Sobel, charged with Murder in the Second Degree, was extradited from Florida June 1. 

Sobel is accused of 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 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. Porco was killed after DeVecchio allegedly told Scarpa the teenager was cooperating with police investigating the shooting. 

            DeVecchio is charged with acting in concert in four murders that occurred while he was an FBI agent in Brooklyn, assigned to work with Greg Scarpa, a top echelon informant. John Sinagra, who was married to Scarpa’s niece, has been charged with Porco’s murder. All three men pleaded not guilty.  

At his arraignment, Sobel pleaded not guilty and was remanded by Brooklyn Supreme Court Justice Gustin Reichbach. His next court date is June 20.          

            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

028

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES CONVICTION IN DUNKIN DONUTS ROBBERIES 

OFF-DUTY COP STABBED TRYING TO PREVENT FINAL HEIST  

            Brooklyn, June 6, 2006 – Kings County District Attorney Charles J. Hynes today announced the conviction of Shron Killings, 22, for robbing two Dunkin Donuts shops and stabbing an off-duty police officer who tried to stop him, as he attempted to rob a third Dunkin Donuts. 

            In just under two hours of deliberations a jury found Killings guilty of Two Counts of Robbery in the First Degree, and One Count each of Attempted Robbery in the First Degree and Assault in the Second Degree.  

             When he is sentenced, June 27, before Brooklyn Supreme Court Justice James Starkey, Killings will face a maximum of 72 years in prison.           

            May 17, 2005, Killings and an accomplice robbed a Dunkin Donuts at 40 Empire Blvd. in Brooklyn. Killings displayed a knife, threatened the cashier, and with his accomplice, took money from the cash register. On May 25, Killings and another accomplice robbed a Dunkin Donuts at 610 Utica Ave. in a similar fashion, with Killings displaying a knife and his accomplice taking money from the cash register. 

            On June 27, Killings again attempted to rob the Dunkin Donuts at 40 Empire Blvd. with a knife, this time alone. He jumped on the counter, attempted to stab the cashier and reached into the cash register, when a customer – off-duty NYPD Officer Vincent Shiaverelli – grabbed Killings from behind. Killings stabbed Shiaverelli and ran off. The officer called 911, and following an extensive police investigation, Killings was arrested at his brother’s home in Virginia the following day. 

            Deputy Bureau Chief Lewis Lieberman tried the case for the Investigation Bureau’s Assault Against Police Officer Program.

Contact:  Jonah Bruno
                  718-250-2300

029

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES CHARGES AGAINST GREENPOINT TERMINAL MARKET OWNER 

DEFENDANT LET WATERFRONT PROPERTY DETERIORATE  

            Brooklyn, June 7, 2006 Kings County District Attorney Charles J. Hynes today announced environmental charges against Greenpoint Terminal Market owner Joshua Guttman, his son, Jack Guttman, and four of the real estate corporations run by the Guttmans as owners of the properties. 

            They are charged with 434 counts of Failure to Maintain Privately Owned Waterfront Property, one count for each day the Gutmans failed to repair dilapidated piers and crumbling concrete bulkheads after being ordered to by the city Department of Small Business Services Dockmasters.  

            The Terminal Market consists of six building lots, four of which abut the East River and stretch from Milton Street south, to the center of the block between Oak and Calyer Streets. The corporations which own those four, 91 West, L.L.C.; 73 West, L.L.C.; 57 West L.L.C.; and 24 Oak L.L.C. are all charged with the violations, Unclassified Misdemeanors each punishable by a fine of up to $5,000. Joshua Guttman is the managing member of all four corporations, and Jack Guttman is vice president of 24 Oak L.L.C. 

            Dockmasters first cited the property owners for the damaged and unsafe piers and bulkheads on Jan. 21, 2005. When the agency’s inspectors returned to the property March 30, of this year, they noticed that the problems had not been corrected. 

Most of the 19th century industrial buildings on the properties burned down over several days last month. A suspect was arrested earlier today in connection with that fire. 

            Assistant District Attorney Richard Farrell is prosecuting the case for the Rackets Division. Michael Vecchione is Chief of the Rackets Division.  

Contact:  Jonah Bruno
                  718-250-2300

030

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES CONVICTION IN MURDER OF US ARMY SERGEANT AND HIS BROTHER 

MURDER VICTIM HOME ON HOLIDAY LEAVE FROM IRAQ WAR 

          Brooklyn, June 7, 2006 Kings County District Attorney Charles J. Hynes today announced the conviction of Joseph Carrington, 24, for shooting US Army Sgt. Terrence Balkissoon and his brother Lawrence, at Club Ambience in Canarsie. 

            Carrington was convicted of Murder in the Second Degree, for killing Terrence, and Attempted Murder in the Second Degree, for shooting Lawrence, 24, several times. Lawrence survived the attack and testified at the trial. 

            When he is sentenced June 27, before Brooklyn Supreme Court Justice Albert Tomei, Carrington faces 50 years to life in prison. 

            Terrence Balkissoon, 25, was home from Iraq on a three-week Holiday leave, when he was shot and killed at the Avenue L bar Jan. 9, 2005. Carrington arrived at Club Ambience and mistook Sgt. Balkissoon for someone who had accosted his girlfriend earlier in the evening. Carrington shot Terrence four times and Lawrence, who tried to help his brother, eight times.  

            Senior Trial Attorney Mark Hale prosecuted the case for the Homicide Bureau. Kenneth Taub is Chief of the Homicide Bureau.

Contact:  Jonah Bruno
                  718-250-2300

031

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES FIRST-DEGREE RAPE CONVICTION 

DEFENDANT POSED AS PLUMBER TO ENTER VICTIM’S HOME  

            Brooklyn, June 9, 2006 Kings County District Attorney Charles J. Hynes today announced the conviction of Dennis Colon, 36, on charges of Rape in the First Degree, Burglary in the First Degree, Sex Abuse in the First Degree and Assault in the Second Degree. 

            When he is sentenced July 20, before Brooklyn Supreme Court Justice James Sullivan, he faces a maximum sentence of 25 years in prison. 

             March 26, 2003 Colon called the 56-year-old victim and told her the plumber hired by her landlord, to fix the leak in her bathroom, had hired him to do the repairs. Fifteen minutes later he arrived at the victim’s Midwood apartment, and she let him enter. After Colon inspected the pipes under the woman’s bathroom sink, he ordered her to her bedroom at knifepoint and raped her. 

            Two weeks later Colon called the victim to see if she had contacted police, and investigators traced the location of the call and arrested him. Semen samples found at the victim’s apartment matched the defendant’s DNA, and when police searched his house, they found the knife he had used to threaten the victim. 

            Senior Trial Attorney Anita Channapati tried the case for the Sex Crimes Bureau. Rhonnie Jaus is Chief of the Sex Crimes Bureau.

Contact:  Jonah Bruno
                  718-250-2300

032
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT IN GREENPOINT TERMINAL MARKET ARSON
 

         Brooklyn, June 15, 2006 Kings County District Attorney Charles J. Hynes today announced the indictment of Leszek Kuczera, 59, on charges he set fire to the historic Greenpoint Terminal Market warehouse buildings May 2. 

            Kuczera is charged with Burglary in the Second, Burglary in the Third Degree, Arson in the Fourth Degree, Reckless Endangerment in the First Degree, Reckless Endangerment in the Second Degree, Petit Larceny, and Criminal Mischief in the Fourth Degree. He faces a maximum sentence of 15 years in prison. 

            Kuczera told police that on May 2, he entered an abandoned building at the former Greenpoint Terminal Market to steal copper wire, which he would later sell. He also told police that he placed a pile of cuttings of the heavy-duty wire on a stack of old tires and wood pallets, and using gasoline and diesel fuel as accelerants, set fire to the wires to burn off the insulation. Kuczera said the wire would command a higher price without the insulation. 

            When the fire began to get beyond his control and spread to other parts of the building, Kuczera fled, he told police. 

            Assistant District Attorneys Gavin Miles and Karen Turner are prosecuting the case for the Rackets Division. Michael Vecchione is Chief of the Rackets Division.

Contact:  Jonah Bruno
                  718-250-2300

033

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES CONVICTION IN iPOD MURDER 

             Brooklyn, June 20, 2006 Kings County District Attorney Charles J. Hynes today announced the conviction of Darren Samuel, 17, for taking part in a robbery in East Flatbush last July that resulted in the death of one 15-year-old victim. 

            After deliberating for approximately three hours, a jury voted to convict Samuel of Murder in the Second Degree, Attempted Robbery in the Second Degree, and Robbery in the First Degree. 

            Two other defendants are awaiting trial and a third, Quaison Fraser, 18, pleaded guilty to Gang Assault in the Second Degree and will serve three-and-a-half years in prison when he is sentenced. Another defendant, Daryl Stephen, 18, is awaiting trial for Hindering Prosecution in the First and Second Degrees. Samuel’s cousin, Aaron Farrell, 20, will go on trial for Murder in the Second Degree July 13. 

            The indictments charge that on July 2, 2005, Samuel, Farrell and Fraser, together with several unapprehended others, approached Christopher Rose, 15, and several of his friends and demanded that Rose’s group give up an iPod one person was carrying. When Rose refused, the defendants attacked the group, and in the ensuing altercation, Rose was stabbed to death. 

            When Samuel is sentenced, July 20, before Brooklyn Supreme Court Justice Alan Marrus, he faces a maximum of 25 years to life in prison. If convicted, Farrell could receive the same, and Stephen could receive a maximum of seven years.           

The investigation is ongoing. 

            Assistant District Attorney Kyle Reeves prosecuted the case. Kenneth Taub is Chief of the Homicide Bureau.

Contact:  Jonah Bruno
                 718-250-2300

034

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES 101 COUNT CONVICTION OF DEFENDANT ACCUSED OF POSSESSING FORGED CREDIT CARDS AND DRIVER’S LICENSES, AS WELL AS THOUSANDS OF DOLLARS WORTH OF MERCHANDISE BOUGHT WITH STOLEN CREDIT CARDS


               Brooklyn, June 26, 2006  Kings County District Attorney Charles J. Hynes today announced the conviction of Emeka Ukasoanya, 56, for possessing approximately $16,000 worth of merchandise from Lowe’s Home Improvement Center purchased with stolen credit cards. He was found guilty of 101 counts of various crimes, with the top charges being Criminal Possession of Stolen Property in the Third Degree as well as 93 counts of Criminal Possession of a Forged Instrument in the Second Degree. He faces up to seven years in jail for each top count.

              On November 28, 2004, Ukasoanya entered the Lowe’s Home Improvement store located at 118 2nd Avenue and presented a stolen credit card to purchase four electrical generators. As this was an unusually large purchase for an individual, the store’s loss prevention specialist called the primary cardholder, who confirmed that the card was unauthorized.  An investigation was initiated and a search warrant was issued to search the warehouse of ECAC, Inc., a business owned by Ukasoanya which is located at 1350 Ralph Avenue. At the warehouse, police detectives found numerous forged credit cards and driver’s licenses, as well as various Lowe’s merchandise including refrigerators, freezers, tiles, heating supplies and plumbing supplies. The total amount of stolen property added up to approximately $16,000.

              Ukasoanya was arrested on December 1, 2004. At trial, the jury took one day to come back with a verdict. The case was tried before Judge John Ingram. Ukasoanya will be sentenced on July 26. The case was prosecuted by Senior Investigative Attorney Patrick Cappock from the Rackets Division. Michael Vecchione is Chief of the Rackets Division.


 Contact:  Sandy Silverstein
                     718-250-2300

035

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT OF JESSICA ROSADO IN HER DAUGHTER’S DEATH 

         Brooklyn, June 30, 2006 – Kings County District Attorney Charles J. Hynes today announced the indictment of Jessica Rosado, 18, in the death of her three-year-old daughter Kiana. 

            Rosado is charged with Manslaughter in the First Degree, Manslaughter in the Second Degree, Criminally Negligent Homicide, and Endangering the Welfare of a child. If convicted she faces a maximum of 25 years in prison. 

            Kiana died June 27, after suffering a severe beating at her 70 Hill St. home in East New York. 

            Assistant District Attorney Catherine Dagonese is prosecuting the case for the DA’s Crimes Against Children Bureau. Ama Dwimoh is Chief of the Crimes Against Children Bureau. 

Contact:  Jonah Bruno
                  718-250-2300

036

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES ADDITIONAL CHARGES AGAINST BOGUS VETERINARIAN  

WITH NO TRAINING TREATED 14 ANIMALS 

          Brooklyn, July 6, 2006 Kings County District Attorney Charles J. Hynes today announced the arraignment of Steven Vassal on a 42-count indictment charging him with practicing veterinary medicine without a license or training and treating 14 animals, including performing numerous surgeries. 

            Vassal is charged with Scheme to Defraud in the First Degree, Unauthorized Practice, Unauthorized use of a Professional Title, Aggravated Cruelty to Animals, Criminally Possessing a Hypodermic Instrument, and Overdriving, Torturing and Injuring Animals. 

            He was arrested in February, after an undercover investigation by the Brooklyn DA’s Office, which employed Detective Fred the Cat, a nine-month-old kitten deputized to work on the case. 

            Though Vassal was initially charged with operating on one dog and attempting to operate on Fred, the new indictment charges that he performed surgeries on a total of five animals. On another nine animals he is charged with performing medical procedures requiring specific training, such as vaccinations. The new indictment also charges that Vassal’s Scheme to Defraud led him to treat animals in Queens and the Bronx, in addition to Brooklyn. 

            If convicted of all counts, he could face a maximum of 44 years in prison. 

            Deputy District Attorney Carol Moran and Senior Assistant District Attorney Tanisha Simon of the Investigative Division are prosecuting the case. Michael Vecchione is Chief of the Investigative Division.

Contact:   Jonah Bruno
                   718-250-2300

037

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES AND DEPARTMENT OF INVESTIGATION COMMISSIONER ROSE GILL HEARN ANNOUNCE INDICTMENT OF ASSEMBLYWOMAN DIANE GORDON FOR SOLICITING A $500,000 BRIBE 

GORDON CAUGHT ON VIDEO REQUESTING A HOME FROM DEVELOPER IN EXCHANGE FOR INFLUENCE 

          Brooklyn, July 10, 2006 Kings County District Attorney Charles J. Hynes and Department of Investigation Commissioner Rose Gill Hearn today announced the indictment of Brooklyn Democratic Assemblywoman Diane Gordon on charges that she sought a $500,000 single-family home as a bribe from a Brooklyn contractor. In exchange for the home and the free installation of doors in her Assembly offices, Gordon told the contractor she would use her influence to have a $2 million city-owned vacant lot turned over to him for development. 

           This type of influence peddling by Assemblywoman Gordon is the worst possible betrayal to the voters who elected her and who expected her to represent them fairly, said DA Hynes. Nobody is above the law; in fact, public officials should be held to a higher standard. 

            Commissioner Gill Hearn said, "DOI investigates corrupt public officials, no matter who they are or what their party affiliation is, when their corruption affects the City. There are no exceptions for anyone. This defendant, an elected State official, used her public office to try to get a free house for herself in exchange for a piece of the City's property. Fortunately, DOI was right there  watching, listening, and recording  as the defendant played out her corrupt bribery scheme. 

            According to the 12-count indictment, on October 21, 2004, Gordon told the contractor that the city’s Office of Housing, Preservation and Development planned to release to a private developer a government-owned vacant lot, in East New York on Livonia Avenue between Jerome and Barbey Streets.  Gordon offered to use her political influence to help him. 

            Gordon, the indictment charges, then developed an elaborate plan for the contractor to give her mother small cash payments until she had enough money in a special bank account to make a down payment on the home Gordon wanted built, so it would appear as though her mother had bought it. Because Gordon’s mother, Helen Staggers, had a different last name, Gordon told the contractor, she believed she would be shielded from legal scrutiny if her mother purchased the home. At a later date, Gordon planned to have ownership of the property, off Linden Boulevard in Queens, transferred to her name. 

            From October 2004 until November 2005, during a series of recorded conversations with the contractor, Gordon can be seen and heard crafting the plan for the sale, saying she wanted it to appear as though she had paid close to market value, when in fact, she had no intention of paying anything. Gordon and the contractor agreed that he would sell her the property and that he would hold the mortgage, which would have a sub-prime interest rate. Once the contractor received the city-owned property, he would cancel the mortgage, and Gordon’s mother would own the property outright, then transfer title to Diane Gordon. 

            On another occasion the contractor installed a new set of doors in Gordon’s Assembly office, and when he asked her for payment, she told him to consider the work a gift to her.

            On the video recordings made by investigators from the Brooklyn DA’s Office and DOI, Gordon explained to the contractor how he could win favor with other elected and government officials who would ultimately decide whether he would get the property. She also wrote a letter recommending the contractor for the project, in addition to obtaining recommendations from other local elected officials.  

            Gordon is charged with Conspiracy in the Fourth Degree, Bribe Receiving in the Second Degree, Bribe Receiving in the Third Degree, Two Counts of Official Misconduct, Two Counts of Receiving Reward for Official Misconduct, and Two Counts of Receiving Unlawful Gratuities. If convicted, she faces up to 15 years in prison. 

            Copies of the indictment will be available upon request. 

            Deputy Commissioner Dan Brownell, Deputy Commissioner Vincent E. Green, Deputy Inspector General Alberta Ancrum, and Assistant Inspector General Joseph H. Medina worked on the case for DOI.  

            Deputy Bureau Chief Joseph DiBenedetto, Executive Assistant District Attorney Kevin Richardson, and Chief Counsel to the Rackets Division Monique Ferrell are prosecuting the case, with Michael Vecchione, Chief of the Rackets Division.

Contact:   Sandy Silverstein
                   718-250-2300

038

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES HONORED 65 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, July 25, 2006 Kings County District Attorney Charles J. Hynes honored 65 graduates of his Drug Treatment Alternative-to-Prison (DTAP) program in the ceremonial courtroom of Borough Hall in Downtown Brooklyn. The Rev. Dr. Johnny Ray Youngblood, Senior Pastor of the St. Paul Community Baptist Church in Brooklyn, delivered the keynote address. 

                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 drug-addicted, non-violent, repeat 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.  Length of treatment is usually about 24 months. DTAP, which is now in its 16th year of operation, has substantially lowered the recividism rates of its graduates, while at the same time, generating enormous cost savings to New York State. Over 950 participants have completed treatment, and this diversion has resulted in over $37 million in economic benefits.   

            District Attorney Hynes said,  With this graduating class, DTAP is once again saving the lives and families of drug addicted Brooklyn residents, by providing them with an opportunity to start over, free from drugs. You cannot prison-build your way to public safety. The only way to get drug addicts off the streets is to get them off drugs, through treatment, job training, and counseling. 

             Of the 65 graduates this year, 92% are men and 8% are women. Their average age is 41; the oldest graduate is 59; and the youngest is 23. Although some graduates are unemployed for various reasons, including physical disabilities, 57 graduates are employed. Their jobs are varied and include commercial driving, construction/labor, building maintenance/custodial work, carpentry, business/administrative assistance, cooking, haircutting, technical/appliance-repair/computer work, counseling, clerking/messenger work, and medical assistance. Eight of the graduates got their GED while in treatment. 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 (81%) have children. On average, the graduates had 11 prior arrests before entering treatment. Their drugs of choice included crack, powdered cocaine, heroin, and marijuana, and several graduates used a combination of drugs. The average age at which the graduates first started using hard drugs (cocaine, heroin, etc.) is 23 years old, but one graduate was just 11 years old. 

      These DTAP graduates received treatment at a number of residential therapeutic communities, including Samaritan Village, Daytop Village, Veritas, Phoenix House, Promesa, J-Cap, El Regresso, Odyssey, Serendipity, Damon House, Argus Community, Pride Site, Basics, Create Inc., Greenhope Services for Women, ICD, Lutheran Medical Center, Su Casa, and VIP. 

            Following the Rev. Dr. Youngblood’s keynote address, two of this year’s graduates, Samuel Fraticelli and Terry Webb, addressed the audience, recounting their stories of addiction and recovery. The president of the DTAP Alumni Association, Frederick K. Cohen, then presented the Alumna of the Year award to Ada Rodriguez, a 2004 DTAP graduate. Mr. Fraticelli and Mr. Webb will be available for comment. 

Case Histories 

            Growing up in a single-parent household in Puerto Rico, Samuel Fraticelli dropped out of school in the sixth grade and filled his free time by hanging out with friends and cousins, drinking beer, smoking marijuana, and getting into trouble. When he was 18, he came to New York City. By then, he was addicted to heroin. He got involved in a gang and started selling drugs and doing burglaries to support his habit. Constantly in and out of prison, he spent an aggregate of 21 years behind bars. When he was arrested for burglary in 2002, he doubted he would be offered treatment in lieu of prison, but he was offered DTAP. Mr. Fraticelli did the majority of his treatment at Daytop Village, and he completed DTAP, in December 2005.  Now, 45 years old, Mr. Fraticelli is legally employed for the first time since 1986. He works full-time as a counselor for Daytop Village, and is pursuing coursework toward a state certification in alcohol and substance abuse counseling. 

            Forty-four-year old Terry Webb was just a boy growing up in Mt. Vernon, NY, when he began drinking alcohol and smoking marijuana at the age of 11. As a youth, he was shuffled in and out of juvenile homes. He tried cocaine and then began sniffing heroin, and soon became addicted. Although he was jailed several times for selling crack to support his habit, the time he spent incarcerated had little deterrent effect. He lived a life of looking over his shoulder, wondering if the police would catch him, before he had enough money to get his next fix. In December 2002, he was arrested in East New York for drug possession with the intent to sell. He was offered the DTAP program, and accepted. He spent just over 24 months at Pride-Site, and for the first time, really learned about his addiction and had the chance to talk to other people in a deep and meaningful way. He completed DTAP in October 2005 and his case was dismissed. He now works as a traffic flagger, ensuring the safety of Con Edison workers. With the help of peers and his brothers, he has succeeded in staying clean and sober.  

            First Assistant District Attorney Anne J. Swern is the Director of DTAP.

Contact: Jonah Bruno
                 (718)250-2300

039

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES 25-YEAR SENTENCE OF ARSONIST

MAXIMUM SENTENCE FOR PROPERTY MANAGER WHO TRIED TO INTIMIDATE TENANTS WITH FIRE
 

          Brooklyn, August 2, 2006 Kings County District Attorney Charles J. Hynes today announced that Sherman Rivers was sentenced to 25 years in prison for setting fire to a woman’s bedroom which she shared with her two children on Himrod Street in Bushwick. 

            Rivers, 36, was convicted July 13, of Arson in the Second Degree, a Class-B Violent Felony. Today Brooklyn Supreme Court Justice Allan Marrus gave him the maximum sentence.

            Rivers was the manager of the building and the victims were a tenant, with whom he had had an ongoing dispute over the condition of the apartment, and her two young children. She alleged that her children, ages two and four, had gotten lead poisoning from paint in the apartment. Rivers had failed to correct the lead paint problem, despite the location being cited for numerous violations by city health and housing officials. 

            On Nov. 2, 2001, Rivers used half a cigar and a cigarette to set fire to a mattress in the second-floor bedroom of the wood-frame house, in an attempt to drive the tenant from the building. She was not home at the time.

            Rivers was arrested in January 2005, after a confidential informant captured him recounting the event on a recording. On the recording, Rivers said he used the cigarette and cigar to make the fire look like an accident. 

            Rivers is also a defendant in other open arson cases in Brooklyn and is expected to stand trial later this year. 

            The Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives; the NYPD Arson and Explosion Squad; and the FDNY Fire Marshals worked on the case.           

            Assistant District Attorneys Bryan Wallace and John Holmes, of the Rackets Division, prosecuted the case. Michael Vecchione is Chief of the Rackets Division.

Contact:   Jonah Bruno
                   718-250-2300

040

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES ARREST OF MAN WHO POSED AS A MARINE TO AVOID A COURT DATE 

VICTIM, AN IRAQ WAR VET, REPORTED CRIME TO DA’S CITIZEN ACTION CENTER 

        Brooklyn, August 2, 2006 Kings County District Attorney Charles J. Hynes today announced the arrest of Benjamin Cruz, for falsely claiming to be a US Marine in order to avoid going to court for a lawsuit filed against him. 

            When Cruz, 39, presented the court what he claimed was an official order from the Department of Defense calling him up to active duty, the victim became suspicious and contacted the Brooklyn District Attorney’s Citizen Action Center. 

            In 2004 the victim hired Cruz to help her improve her credit rating. Shortly after hiring Cruz, the victim, an active-duty member of the US Army, was deployed to Iraq. Unhappy with Cruz’s work, the defendant sued him in Small Claims Court when she returned from her tour. 

            Claiming he would be unable to attend the trial, on May 18, Cruz showed the judge a letter from the Department of Defense, which identified him as a major and ordered him to report to the Marine Corps Intelligence Office in Washington, D.C. the previous week. An investigation by the Brooklyn District Attorney’s Office determined the order to be false and that Cruz was not a member of the Marines. 

            Cruz is charged with Offering a False Instrument for filing in the First Degree. If convicted, he faces up to four years in prison. 

            The Citizen Action Center was created by District Attorney Hynes as a mechanism for citizens to report crimes that occurred in Brooklyn. To report a crime call (718)250-2340. 

            Detective Investigators Daniel McClean, Allen Presser, and James Driver worked on the case, as did Anthony Barosy, Deputy Director of the Citizen Action Center. John Castelli is the Chief of the Citizen Action Center.  Deputy District Attorney John O’Mara is prosecuting the case.

Contact:   Jonah Bruno
                    718-250-2300

041

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES MURDER CONVICTION OF MAN WHO STABBED AND KILLED EX-GIRLFRIEND’S MOTHER AND DOG 

MURDERER ALSO SLASHED EX-GIRLFRIEND’S COUSIN IN THE FACE 

            Brooklyn, August 3, 2006 Kings County District Attorney Charles J. Hynes today announced the conviction of Pierre Carrenard, 36, for the murder of his ex-girlfriend’s mother and dog, and the slashing of her cousin.   

Carrenard was convicted August 2, on charges including two counts of Murder in the Second Degree, Aggravated Cruelty to Animals, Burglary in the Second Degree and Assault in the Third Degree.  When he is sentenced August 17 before Brooklyn Supreme Court Justice Robert Collini, he faces a maximum of 25 years to life in prison.   

            After Francois MacDaly broke up with Carrenard, she told police that he continually harassed her.  Then, on August 9, 2005, Carrenard called his ex-girlfriend at work and threatened to harm her mother.  Later that day, he went to the East Flatbush home of MacDaly’s mother, Esperance Labidou, and got into an argument with her.  Then, he took out a knife and repeatedly stabbed her.  Next, he turned to the family dog, a mixed-breed Chihuahua, which he stabbed and killed.  After the stabbings, MacDaly’s cousin, Patricia Gaspard, who lived upstairs, came down to the victims’ basement apartment to check on Labidou.  When Carrenard saw Gaspard, 16, he slashed her in the face.  Carrenard fled to Florida where he was arrested on August 23, 2005 and extradited back to Brooklyn. 

            The case was prosecuted by Anna-Sigga Nicolazzi, Bureau Chief in the Homicide Bureau.  Ken Taub is Chief of the Homicide Bureau. 

Contact:   Sandy Silverstein
                   718-250-2300

042

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES THE DEATH OF UNDERCOVER DETECTIVE FRED THE CAT 

            Brooklyn, August 11, 2006 Kings County District Attorney Charles J. Hynes today announced the death of Undercover Detective Fred the Cat, an indoor cat, who was instrumental in nabbing a phony veterinarian earlier this year.  He escaped from the home of his caretaker, an Assistant District Attorney, when he wandered into oncoming traffic before he was accidentally hit by a car and killed yesterday before they could catch him. 

            Fred became a hero when he helped to bring down a phony veterinarian who preyed on innocent animals.  Last year, Steven Vassall was advertising his services as a veterinarian.  But he was unlicensed and hurting animals by performing risky surgeries on them.  The DA’s Office learned of this criminal activity when the owner of an ill dog named Burt contacted them.  Vassall took the Boston Terrier, then contacted his owner, Raymond Reid, the next day telling him that Burt needed surgery to remove an object from his intestines.  The following day, Vassall again called Burt’s owner and told him that Burt needed additional surgery because of an infection.  Later, he suggested putting Burt to sleep.  Reid said that he wanted to see his dog so Vassall dropped Burt off outside of Reid’s home with no collar.  He was also bleeding from licking his stitches.  Reid quickly brought Burt to an animal emergency center for proper treatment.  

            An investigation was initiated and it was found that Vassall had hurt other animals as well.  The DA’s Office implemented a sting operation in which a Brooklyn apartment was wired and equipped with hidden cameras and microphones.  Detective Investigator Stephanie Green-Jones contacted Vassall and told him that her cat needed to be neutered.  The DA’s Office sent in Undercover Detective Fred the Cat, an eight-month-old former stray, to help catch Vassall in the act.  When Vassall agreed to neuter Fred for $135, he picked up Fred and walked out of the apartment with the cat in a carrying case.  But detectives were waiting for him and Vassall was placed under arrest.  Vassall has since been indicted and is awaiting trial. 

            Fred instantly became a hero.  He was rescued from the streets by NYC Animal Care and Control when he was a four-month-old kitten with pneumonia and lung problems and was fully rehabilitated and adopted by his foster family.  Since Fred’s heroic actions, he has taken part in press conferences and interviews, wearing his DA’s badge.  Fred was honored with a Law Enforcement Appreciation Award.  He also received an award on Broadway.  Broadway Barks 8, the theater district’s adopt-a-thon benefit, hosted by Mary Tyler Moore and Bernadette Peters, presented Fred with the Mayor’s Alliance Award, which is given to remarkable animals.  In addition, Fred was preparing for a new career in education.  He was going to play a significant role in the DA’s Legal Lives program where he would go into classrooms to help teach children how to treat and care for animals.  

Contact:   Sandy Silverstein
                   718-250-2300

043

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT OF THREE POLICE OFFICERS ON BURGLARY CHARGES

 BROOKLYN SOUTH VICE COPS CAUGHT ON SURVEILLANCE VIDEO

            Brooklyn, August 16, 2006 – Kings County District Attorney Charles J. Hynes today announced the indictment of three officers from the NYPD’s Brooklyn South Vice Squad, including one lieutenant and one sergeant, for breaking into a crime scene and stealing computer equipment.

             Lt. Stephen Wong, 35, Sgt. Kwun Tso, 38, and  Police Officer Yuseff Hamm, 39, face up to seven years in prison if convicted of the top charge against them, Burglary in the Third Degree.

             On April 12, 2006, Brooklyn South Vice Squad officers, led by Lt. Wong, entered a massage parlor at 4214 8th Avenue and arrested seven women and one man for prostitution.  

            The indictment charges that the following evening the officers returned to the massage parlor, broke the lock on the back door and entered the building. Once inside, they removed security cameras from the walls and smashed a VCR and removed the video tape. According to the indictment, they also stole a computer and a computer hard drive. Their actions were caught on the business’s back-up security surveillance system.

             An Internal Affairs Bureau investigation revealed that Lt. Wong, who is also the Brooklyn South Vice Integrity Control Officer, had several components from the massage parlor’s surveillance system in his desk at BSV.

             The investigation began when Jonathan Sims, a defense attorney involved in the case who is a former Queens prosecutor, contacted the Brooklyn DA’s Office and offered to show prosecutors the surveillance video of the burglary. 

            “Despite the allegations in this indictment, the majority of police officers are honest, hard-working people, and these three individuals should not be seen as examples of typical Brooklyn cops,” said District Attorney Hynes. “I would like to thank Jonathan Sims and IAB Chief Charles V. Campisi for their outstanding cooperation in this investigation.”

            Police Commisioner Raymond W. Kelly said, “The misconduct of just a few police officers damages the reputation of the rest. That's why Chief Campisi and the IAB officers involved in this case are to be commended for their thorough investigation.”

             All three officers are charged with Burglary in the Third Degree, Criminal Mischief in the Fourth Degree, and Official Misconduct. Additionally Lt. Wong is charged with Offering a False Instrument for Filing in the First and Second Degrees, Perjury in the Second and Third Degrees, and Making a Punishable False Written Statement.           

            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.     

            Chief of Civil Rights and Police Integrity Charles M. Guria and Senior Assistant District Attorney Sharif Abdur-Rahim are prosecuting the case.

 Contact:   Jonah Bruno
                        718-250-2300

044

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES SENTENCING OF MAN WHO STABBED AND KILLED EX-GIRLFRIEND’S MOTHER AND DOG

WILL SERVE CONSECUTIVE SENTENCES FOR THREE ATTACKS

          Brooklyn, August 17, 2006 Kings County District Attorney Charles J. Hynes today announced that Pierre Carrenard, 36, was sentenced to 28 years to life in prison, for the murder of his ex-girlfriend’s mother and dog, and the slashing of her 16-year-old cousin. 

             Brooklyn Supreme Court Justice Robert Collini sentenced Carrenard to consecutive sentences for each attack: 25 to life for murdering the woman, two years for killing the dog, and one year for assaulting the 16-year-old girl.

             Carrenard was convicted August 2, on charges including two counts of Murder in the Second Degree, Aggravated Cruelty to Animals, Burglary in the Second Degree and Assault in the Third Degree.  

            After MacDaly Francois broke up with Carrenard, she told police that he continually harassed her. Then, on August 9, 2005, Carrenard called his ex-girlfriend at work and threatened to harm her mother. Later that day, he went to the East Flatbush home of Francois’ mother, Esperance Labidou, and got into an argument with her. Then, he took out a knife and repeatedly stabbed her. Next, he turned to the family dog, a mixed-breed Chihuahua, which he stabbed and killed. After the stabbings, Francois’ cousin, Patricia Gaspard, who lived upstairs, came down to the victims’ basement apartment to check on Labidou. When Carrenard saw Gaspard, 16, he slashed her in the face. Carrenard fled to Florida where he was arrested on August 23, 2005 and extradited back to Brooklyn.

             The case was prosecuted by Anna-Sigga Nicolazzi, Bureau Chief in the Homicide Bureau.  Ken Taub is Chief of the Homicide Bureau.

 Contact:   Sandy Silverstein
                       718-250-2300

 

045

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES SENTENCING ON 101-COUNT IDENTITY THEFT CONVICTION 

DEFENDANT STOLE MORE THAN $16,000 FROM LOWES 

         Brooklyn, August 29, 2006 – Kings County District Attorney Charles J. Hynes today announced the sentencing of Emeka Ukasoanya, 56, convicted in June on a 101-count indictment for possessing stolen credit cards and approximately $16,000 worth of merchandise purchased using the cards. 

            Ukasoanya received the maximum sentenced of three-and-a-third to 11 years in prison, from Brooklyn Supreme Court Justice John Ingram. He was also ordered to pay $5,000 in fines.   

            Totaling 101 counts, the charges included Criminal Possession of Stolen Property in the Third Degree, Criminal Possession of a Forged Instrument in the Second Degree, and Criminal Possession of Forgery Devices. 

            On November 20, 2004, Ukasoanya entered the Lowes Home Improvement store at 118 2nd Avenue, in Brooklyn, and attempted to use a forged credit card to purchase four generators. As this was an unusually large purchase for an individual, the store’s loss prevention specialist called the primary cardholder, who confirmed that the card was unauthorized.  An investigation was initiated and a search warrant was issued to search the warehouse of ECAC, Inc., a business owned by Ukasoanya which is located at 1350 Ralph Avenue. At the warehouse, police detectives found numerous forged credit cards and driver’s licenses, as well as various Lowe’s merchandise including refrigerators, freezers, tiles, heating supplies and plumbing supplies. The total amount of stolen property added up to approximately $16,000. 

            Ukasoanya was arrested on December 1, 2004.  At trial, the jury took one day to convict.  

            The case was prosecuted by Senior Investigative Attorney Patrick Cappock, of the Rackets Division. Michael Vecchione is Chief of the Rackets Division. 

Contact:   Jonah Bruno
                   718-250-2300

046

DEFENDANT TOOK OVER VICTIMS’ CREDIT CARD ACCOUNTS TO WITHDRAW CASH AND MAKE PURCHASES TOTALING MORE THAN $67,000 

                        Brooklyn, August 31, 2006 Kings County District Attorney Charles J. Hynes today announced a 211-count indictment against Kevin Griffith, 27, for making a series of purchases and bank withdrawals totaling more than $67,000, on Chase Manhattan Bank credit cards fraudulently obtained, through account takeover scams. 

            The indictment charges that on nine occasions Griffith contacted Chase Manhattan Bank, using the name of an account holder, and requested a new card to be mailed to a different address  Griffith’s address. Often he said he needed the new card at the new address because his house had burned down. Griffith had the account holders’ social security numbers, account numbers and addresses. He would then ask the customer service representative at the bank to mail him a second credit card in another name sometimes his real name telling the bank he wanted the other person to be listed as a secondary account holder.  

On his tenth victim, according to the indictment, Griffith even opened a brand new account  providing the bank with the victim’s social security number, mother’s maiden name, date of birth and address and had himself listed as a secondary account holder. 

            Once he obtained the credit cards Griffith used them to get cash advances ranging from $45 to $6,000 and to make purchases as small as $5.16 at Wendy’s and as large as $7,406.60 to rent a car. To avoid the scrutiny of the actual account holders, Griffith had the credit card bills mailed to his address. 

            Griffith was caught on video surveillance using the fake credit cards at five stores in Brooklyn. And the investigation revealed that he had also used the cards in Manhattan, where he was caught on video four times at a Chase Manhattan Bank. He was recently indicted there and held on $100,000 bail. 

            Griffith is charged with Grand Larceny in the Second Degree 14 counts of Grand Larceny in the Third Degree, 16 Counts of Identity Theft in the First Degree, and numerous other larceny identity theft counts. 

            Assistant District Attorneys Nicholas Viorst Antonia Merzon, Co-Chief of the Manhattan District Attorney’s Identity Theft Unit, and NYPD Detective Thomas Luberto worked on the case.  

            Assistant District Attorneys Michael Vaccaro and Richard Farrell, of the Rackets Division, are prosecuting the case. Michael Vecchione is Chief of the Rackets Division.

Contact:   Jonah Bruno
                   718-250-2300

047

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

DEFENDANT TAKES PLEA DEAL DURING JURY SELECTION 

          Brooklyn, September 19, 2006 Kings County District Attorney Charles J. Hynes today announced a guilty plea in the murder trial of Howard Goldstein. 

            Goldstein, 49, pleaded guilty to Manslaughter in the First Degree today, as a jury was being selected for his trial. When he is sentenced September 29, before Brooklyn Supreme Court Justice Matthew J. D’Emic, he will receive 20 years in prison. 

            Goldstein was charged with murdering his elderly roommate, Rahamim Sultan. After Sultan missed a week of work, some of his coworkers went to his home, 1270 East 19th Street, Apt. 1C, asking for him. When Goldstein answered the door, Sultan’s coworkers noticed a strong smell of decomposition and later called the police. Goldstein told the coworkers that Sultan had left town.

When police arrived at the apartment, October 26, 2004, Goldstein came to the door wearing women’s clothes and allowed the officers to conduct a search. Police found the body decaying on the living-room floor and covered by towels and plastic bags. Sultan had been beaten and stabbed to death. 

            Senior Trial Attorney Tim Gough, of the Homicide Bureau, prosecuted the case. Kenneth Taub is Chief of the Homicide Bureau. 

Contact:   Jonah Bruno
                   718-250-2300

048

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES MURDER CONVICTION OF EX-NYPD SERGEANT

MARTIN PETERS SHOT MOTHER OF HIS CHILDREN 

         Brooklyn, September 26, 2006 Kings County District Attorney Charles J. Hynes today announced the murder conviction of Martin Peters, 42, a former Sergeant with the New York City Police Department.           

            Today a jury convicted Peters of Murder in the Second Degree, Intimidating a Witness in the Third Degree and Assault in the First Degree, for the January 2001 shooting of Juliet Alexander, the mother of his two children. 

            When he is sentenced October 25, Peters faces a maximum of 25 years to life in prison.             

            Alexander was a Detention Enforcement Officer with the Immigration and Naturalization Service. Peters had threatened Alexander on numerous occasions in the past causing her to end their relationship. She had a new boyfriend and a lawsuit seeking additional child support pending against Peters when she was killed.  

            On January 16, 2001, at approximately 9:00 AM, Nigel Calendar, a friend of Peters, went to Alexander’s apartment at 365 Pulaski Street, to drop off clothing belonging to Peters’ and Alexander’s children. Alexander and Peters were both there. Peters told Alexander he would discontinue making child-support payments and struck her. When Alexander attempted to flee, Peters shot her in the head and then shot Calendar. He threatened to kill Calendar and his family if Calendar revealed Peters’ identity to the police. A couple of days later, Peters visited Calendar at Kings County Hospital and repeated the threat. 

              Peters was arrested in April 2005, after a joint investigation by the NYPD’s Cold Case Squad and the Brooklyn District Attorney’s Rackets Division. 

               Assistant District Attorney Michael Spanakos is prosecuting the case. Michael Vecchione is Chief of the Rackets Division.

Contact:   Jonah Bruno
                   718-250-2300

049
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES CONVICTION OF PIMP
    

FACES 15 YEARS IN PRISON FOR PIMPING 15-YEAR-OLD GIRL 

            Brooklyn, September 27, 2006 Kings County District Attorney Charles J. Hynes today announced the conviction of Donny Payne, 25, for forcing a 15-year-old girl into prostitution.  

               Payne was convicted of Promoting Prostitution in the Second Degree, Three Counts of Criminal Contempt in the First Degree, and one count of Endangering the Welfare of a Child. When he is sentenced October 17, before Brooklyn Supreme Court Justice Robert Collini, Payne will face up to 15 years in prison. 

              After taking all her identification, Payne instructed the girl how she was to pick up johns and what to charge them and threatening physical violence if she refused. He then took her to a known prostitution spot in East New York. While she stood near the corner of Pennsylvania Avenue and Livonia Street, Payne stood on the corner watching her and giving directions. 

               A woman driving past the scene notified police. When the police arrived, both Payne and the girl fled, but the officers caught the girl. She explained that she had been coerced by Payne and that he would be expecting to meet her at a nearby diner.  

              When officers approached the diner to arrest him, Payne ran onto a city bus boarding passengers. Police stopped the bus and arrested Payne. 

              The Contempt charges stem from several threatening phone calls Payne made to the girl’s home and cell phones, from Rikers Island. 

             Senior Assistant District Attorney Marc Fliedner prosecuted the case. Rhonnie Jaus is Chief of the Sex Crimes Bureau. 

Contact:   Jonah Bruno
                   718-250-2300

050

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES SEX ABUSE CONVICTION FOR PRIOR RAPIST

FORT GREENE ATTACK LEADS TO SECOND CONVICTION 

            Brooklyn, September 29, 2006 Kings County District Attorney Charles J. Hynes today announced the conviction of Malik Hall, 35, for sexually assaulting a 33-year-old woman in Fort Greene last October 24. 

                Hall was convicted of Sexual Abuse in the First Degree, a Class-D Violent Felony. When he is sentenced before Justice Plummer Lott, he will face up to seven years in prison. 

                As the woman walked along Clinton Avenue at around 9 p.m., she noticed Hall, a shadowy figure in the darkness, following her. When she believed the man was getting closer, she crossed the street, but he followed, tackling her on the sidewalk as she screamed. Hall covered the woman’s mouth and threatened to harm her if she shouted again. Through their clothes, he rubbed his genitals against her buttocks. 

                Several people in the neighborhood heard the struggle and came out of their homes to chase Hall into a nearby store, where they cornered him until police arrived. 

                In 1992, Hall was convicted of Rape in the First Degree in Oneonta and served 13 years in prison. He was released four days before this incident. 

                Senior Trial Attorney Sara Litman prosecuted the case. Rhonnie Jaus is Chief of the Sex Crimes Bureau. 

Contact:   Jonah Bruno
                   718-250-2300

051

DISTRICT ATTORNEY CHARLES J. HYNES BRIEFS CLERGY ONAVAILABLE SERVICES FOR THEIR COMMUNITIES AND CHURCHES 

URGES THEM TO SPREAD THE WORD 

           Brooklyn, October 2, 2006 Some 40 African-American pastors recently attended a monthly Clergy Open House at the Brooklyn District Attorneys Office, to speak with District Attorney Charles J. Hynes about law-enforcement programs the DA’s Office offers.  

                 DA Hynes urged his guests to take full advantage of these services that are designed to help their respective communities and congregations. He also asked them to spread the word so that others may benefit from what are being offered.  

                 The District Attorney highlighted the following programs that are handled by the Brooklyn Family Justice Center: Domestic Violence Protection, Elder Abuse Services, Children Services, Therapeutic Counseling, Immigration, and Probation issues.  

                 DA Hynes discussed crime, including homicide, rape, and felony assault, and burglary, grand larceny, and auto theft. He said most of these crimes have gone down, but there is still room for improvement.  

                 The District Attorney also spoke about his Drug Treatment Alternative to Prison program (DTAP) designed to attack drug addiction for Brooklyn’s most difficult defendant population.  

                 DA Hynes explained that under the program, drug-addicted, nonviolent felony offenders who face mandatory prison sentences are placed in long-term residential treatment for two years. Charges against them are dismissed for successful participation.  

                 Other services featured in DA. Hynes’ discussion included a re-entry partnership program known as ComAlert which involves a partnership between the District Attorney’s Office, New York State Division of Parole, and social service agencies designed to help parolees returning to Brooklyn remain crime and drug-free.  

                 DA Hynes said he created the program after being inspired by the success of the “Boston Plan” , which sharply reduced the number o firearm homicides in Boston, Mass. ComAlert, the DA told the visiting clergy, is also an initiative that assists individuals on parole or probation reenter their community.    

               To help make the program work, DA Hynes said that his office forms partnerships with community-based organizations that specialize in job training and substance abuse.             Collectively, these groups along with federal, state and local law enforcement agencies provide their respective area of expertise, he added.    

                The DA also said that the program provides support and assistance with substance abuse treatment, employment, healthcare, Medicaid enrollment, education, and housing, through a network of partner agencies.    

               The District Attorney spoke at length about the services provided by his Domestic Violence Bureau. He said the bureau is staffed by 23 experienced trial assistant district attorneys who are charged with prosecuting intimate partner violence, including domestic violence homicides.  

               DA Hynes also addressed the issue of immigration. He said he has put in place an Immigration Community Council which advises him on matters pertaining to Brooklyn’s vast immigrant population. 

               The Immigration Community Council, DA Hynes explained, helps these communities understands the role of the District Attorney’s office and the criminal justice system.   

              Other areas touched on by DA. Hynes include the Kings County District Attorney Rackets Division which prosecutes immigration fraud cases and combats immigration fraud through community outreach programs. The Rackets Division also partners with outside agencies to provide services to Brooklyn’s immigrant community. 

Contact:  J. Zamgba Browne
                  (718) 250-3850

052

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES DNA EVIDENCE EXONERATES DEFENDANT IN RAPE CASE

RELEASED AFTER SERVING 21 YEARS IN PRISON 

            Brooklyn, October 6, 2006 Kings County District Attorney Charles J. Hynes announced that Scott Fappiano, 45, was released from prison, after DNA cleared him of rape charges.

                In 1985 Fappiano was convicted of five counts of Rape in the First Degree and served 21 years of a 21 to 50 year prison sentence. 

                Though Mr. Fappiano was not convicted during my tenure as District Attorney, my office conducted extensive investigations into this case and moved immediately to have him released, upon learning that DNA evidence found at the crime scene was not his, said District Attorney Hynes. It’s a profound tragedy that the victims of this terrible crime have been forced to relive that horrible night 23 years ago. It is also a tragedy that Mr. Fappiano spent this time in prison. 

                Fappiano was charged, in 1983, with breaking into a Brooklyn home and repeatedly raping a woman, after tying her husband, a New York City Police Officer, with a telephone cord.  

                The Innocence Project contacted the Brooklyn District Attorney’s Office and asked that the case be revisited. After an exhaustive investigation and a litany of DNA tests, it was determined that the forensic sample found at the crime scene did not match Fappiano. 

Contact:   Jonah Bruno
                   718-250-2300

053

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES SENTENCING IN MURDER OF MOTHER AND NINE-YEAR-OLD SON 

           Brooklyn, October 16, 2006  Kings County District Attorney Charles J. Hynes today announced the sentencing of Christopher Patterson, 33, for strangling his live-in girlfriend and decapitating her nine-year-old son.  

               Patterson pled guilty to two counts of Murder in the Second Degree on October 4, and was sentenced today to 50 years to life in prison, before Judge Matthew D’Emic. 

              On August 18, 2005, Patricia Whitley’s 15-year-old daughter found her mother’s dead body lying in bed, in their West 5th Street, Coney Island home. The girl then found her nine-year-old brother decapitated, and Patterson forced her to help dispose of the boy’s body. 

            Patterson also punched the teenage girl in the face and attempted to sexually assault her. She eventually managed to call 911 and Patterson was arrested at the scene.   

            The case was prosecuted by Elisa Paisner, Bureau Chief in the Domestic Violence Bureau. 

Contact:   Sandy Silverstein
                   718-250-2300

054

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES, POLICE COMMISSIONER RAYMOND W. KELLY, DEPARTMENT OF INVESTIGATION COMMISSIONER ROSE GILL HEARN, AND ROCHESTER DISTRICT ATTORNEY MICHAEL C. GREEN ANNOUNCE EXPANDED INDICTMENT IN ILLEGAL TISSUE HARVESTING SCHEME

CRIMINAL ENTERPRISE STRETCHED ACROSS CITY AND TO ROCHESTER
 

            Brooklyn, October 18, 2006 Kings County District Attorney Charles J. Hynes, Police Commissioner Raymond W. Kelly, Department of Investigation Commissioner Rose Gill Hearn, and Monroe County District Attorney Michael C. Green today announced an expanded, superseding indictment against Michael Mastromarino, Joseph Nicelli, Lee Cruceta, and Christopher Aldorasi. 

            Mastromarino, owner of BioMedical Tissue Services; Nicelli, Crucetta, and Aldorasi were charged, in a 122-count indictment last February, with orchestrating a large-scale, criminal enterprise, in which tissues were harvested from dead people who never consented to be donors. Those tissues were then sold to medical companies for use in surgical transplants, such as bone and skin grafts. 

            District Attorney Hynes said, These ghoulish thieves thought they could pull off the crime of the century, stealing bones from the dead, without any thoughts to their victims’ families or the transplant recipients who would receive possibly tainted bone and tissue grafts. For their hard work on this case, I’d like to thank the NYPD Major Case Squad and Commissioner Kelly, Commissioner Gill Hearn, and District Attorney Green, who has assisted in this case as it pertains in Rochester, New York. 

            "The nightmare of Bath Avenue is nearly over due to the outstanding work of the detectives and prosecutors in this case. Your good work has been expanded to other jurisdictions and it has already resulted in the enactment of tougher laws against such unimaginable practices, said Police Commissioner Kelly. 

            DOI Commissioner Gill Hearn said, "We are further reminded of the ghoulish nature of this scheme from the charges announced today. Anyone who worries about whether their loved one has or will fall prey to this type of defilement should take comfort in knowing that the criminal justice system is working hard to address this issue the investigation and prosecution have and will continue." 

            This indictment includes allegations that a defendant engaged in criminal conduct with regard to the remains of five citizens of Monroe County.  We want to thank District Attorney Hynes and everyone who has worked and continues to work to uncover the criminal conduct alleged and bring those responsible to justice.  My office is currently conducting a criminal investigation with many law enforcement agencies to ensure that all individuals who were involved in this type of criminal conduct in Monroe County are held responsible.  We look forward to continuing to work with D.A. Hynes and the Kings County District Attorney’s Office in connection with these investigations and prosecutions, said District Attorney Green. 

            In the superseding indictment, the top count Enterprise Corruption was expanded to include criminal operations in Rochester, the Bronx, and Manhattan. It charges that three additional funeral homes New York Mortuary, in Manhattan; Avalon Funeral Services, in the Bronx; and Thomas E. Burger Funeral Home, in Rochester provided corpses to the criminal enterprise. This is in addition to Daniel George & Sons Funeral Home in Brooklyn. 

            In addition, seven licensed funeral home directors have pleaded guilty to charges they were involved in the operation and have agreed to cooperate in the continuing investigation. They have all agreed to surrender their licenses and face a term of incarceration, to be determined based on their levels of cooperation. 

             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 or the next of kin, before the donor 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. 

               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. 

                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, under the supervision of Deputy Inspector Michael Hines and Chief of Detectives George Brown. 

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

               Assistant District Attorneys Josh Hanshaft, Trish McNeill, and Michael Perkins are prosecuting the case for the Rackets Division. Michael Vecchione is Chief of the Rackets Division.

Contact:   Jonah Bruno
                   718-250-2300

055

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES SENTENCING OF EX-NYPD SERGEANT

ORDERED TO SERVE 43 TO LIFE FOR MURDERING FORMER GIRLFRIEND
 

             Brooklyn, October 25, 2006 Kings County District Attorney Charles J. Hynes today announced the sentencing of Martin Peters for the murder of his ex-girlfriend Juliet Alexander and the assault of his friend, Nigel Calendar.  Peters was sentenced to 43 years to life before Judge L. Priscilla Hall.  He was sentenced to 23 years to life for Murder in the Second Degree, and 20 years for Assault in the First Degree, to run consecutively.   He was convicted on September 26.   

Alexander was a Detention Enforcement Officer with the Immigration and Naturalization Service. Peters had threatened Alexander on numerous occasions in the past causing her to end their relationship. She had a new boyfriend and a lawsuit seeking additional child support pending against Peters when she was killed.   

On January 16, 2001, at approximately 9:00 AM, Nigel Calendar, a friend of Peters, went to Alexander’s apartment at 365 Pulaski Street, to drop off clothing belonging to Peters’ and Alexander’s children. Alexander and Peters were both there. Peters told Alexander he would discontinue making child-support payments and struck her. When Alexander attempted to flee, Peters shot her in the head and then shot Calendar. He threatened to kill Calendar and his family if Calendar revealed Peters’ identity to the police. A couple of days later, Peters visited Calendar at Kings County Hospital and repeated the threat.   

Peters was arrested in April 2005, after a joint investigation by the NYPD’s Cold Case Squad and the Brooklyn District Attorney’s Rackets Division.   

The case was prosecuted by Deputy Bureau Chief Michael Spanakos of the Rackets Division.  Michael Vecchione is Chief of the Rackets Division.

Contact:   Sandy Silverstein
                   718-250-2300

056

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENTS IN BIAS MURDER

PLANS TO APPLY LITTLE-USED SECTION OF HATE CRIME STATUTE

            Brooklyn, October 25, 2006 Kings County District Attorney Charles J. Hynes today announced the indictment of three men charged with hate crimes for murdering Michael Sandy, a 28-year-old gay man they targeted because of his sexual orientation.  

            Typically, according to state law, Hate Crimes are charged when prosecutors believe the defendants acted out of bias against the victims’ race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation. But the less used section of the law calls for Hate Crimes to be charged when the defendant “intentionally selects the person against whom the offense is committed or intended to be committed based on a belief about those same factors.

             In this case, District Attorney Hynes charges that the defendants selected their victim based upon a belief about the victim’s sexual orientation then lured him into a trap in an attempt to rob him.  

            The three defendants, Ilya Shurov, 20; Anthony Fortunato, 20, and John Fox, 19, are charged with numerous counts, including Murder in the Second Degree as a Hate Crime and Attempted Robbery in the First Degree as a Hate Crime. If convicted, they could serve 25 years to life in prison.           

              Shurov, Fortunato, and Fox met Sandy in an online gay male chat room, where they arranged to meet him at Plumb Beach, in Sheepshead Bay, a popular meeting spot for gay men seeking sexual encounters. There, the defendants intended to rob Sandy. When the three men approached Sandy, one of the defendants punched him and Sandy ran. They chased Sandy onto the Belt Parkway, where he was hit by a car. Sandy died Friday October 13, at Brookdale Hospital, after his family took him off life support. 

            Assistant District Attorney Anna-Sigga Nicolazzi is prosecuting the case for the Homicide Bureau. Kenneth Taub is Chief of the Homicide Bureau.

Contact:   Jonah Bruno
                   718-250-2300

057

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES $910,000 GRANT FOR DOMESTIC VIOLENCE

MONEY WILL FUND OUTREACH AND EDUCATION

            Brooklyn, November 1, 2006  Kings County District Attorney Charles J. Hynes today announced the receipt of a $910,000 grant from the US Department of Justice Office on Violence Against Women for the Domestic Violence Bureau of the District Attorney’s Office to fund outreach and law-enforcement programs across the borough.

             The grant will go toward operating and expanding the DV Bureau’s Central Brooklyn Domestic Violence Program to include the entire borough. The program involves education for community members, police, judges, and attorneys; culturally sensitive services, including language and immigration assistance; and a range of community outreach programs. It pays particular attention to providing legal advocacy for immigrant victims. 

There are also provisions of the program to help NYPD and the District Attorney’s Office coordinate their efforts to improve evidence collection and prosecution in domestic violence cases. 

            Partners in administering the grant include Dwa Fanm, New York Asian Women’s Center, Jewish Community House of Bensonhurst, Center for Family Life, and Trinity Healing Center of Sunset Park. 

            Since 1998, the District Attorney’s Office and its grant partners have received $3,917,201 from the Office on Violence Against Women. 

            Wanda Lucibello is Chief of Special Victims at the Kings County District Attorney’s Office.

Contact:   Jonah Bruno
                      718-250-2300

058

CRIMES AGAINST CHILDREN DISTURBING SUBJECT AT KINGSBROOK JEWISH MEDICAL CENTER 

Brooklyn, November 1, 2006   Ama Dwimoh, chief of the Crimes Against Children Bureau of Kings County District Attorney, addressed an interdenominational clergy breakfast held today at Kingsbrook Jewish Medical Center.  

            Using graphic slide presentation, Dwimoh highlighted examples of some of the abuses defenseless children in New York City endured, at times, at the hands of parents or relatives.

            Dwimoh warned that the effective way to stop these abuses is to keep talking about them. Child abuse is against the law, she added. Even if the abuse only happens once or seems like it is over, Dwimoh said it‘s important to talk about them with someone whom you trust.

            A child abuser, according to Dwimoh, may tell a child that something terrible will happen if he or she tells anyone. If the abuser is a family member, children may be afraid the family will break apart if they tell the secret, said Dwimoh.  

            The best way to stop abuse against children is to tell someone. You should not keep it as a big secret, Dwimoh warned... 

            She informed the breakfast gathering about services Kings County District Attorney Charles J. Hynes has in place to cope with the situation and challenged members of cloth present to pitch in and do their part. Remember, you are in a unique position to provide assistance and safety for victims of domestic violence, she added.  

            Dwimoh provided some tips on how to detect when a child is being abused by his or her parents or guardians and what as clergy they can do to intervene. They include the following:                 

Unexpected absences from school; Afraid to go home; Sleep disturbances; Easting disorder, consistently hungry; aggressive behavior; poor hygiene, inappropriate dress; poor peer relationship, and behavior extremes.   

In many communities, according to Dwimoh, the clergy/spiritual leader may be the first or only person victims will seek help from. 

            Many victims will not go against the advise of their spiritual leader, which could palace them in a very dangerous situation. You have a unique opportunity to observe and assess what is occurring, Dwimoh told the preachers.

            In addition, Dwimoh said pastors or spiritual leaders have the opportunity to speak directly with both victim and perpetrator, and have some degree of influence over them. Your responsibility is to provide safety for the victim first, she added.  

            Dwimoh urged the clergy to use every opportunity to speak about domestic abuse at their gatherings, and provide necessary information that would help curb the pattern of violence, especially against children. If you know of any instances of child abuse, you may call the District Attorney’s Crime Against Children Bureau at (800) 635-1522.            

 

Contact: J. Zamgba Browne

059

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES GUILTY PLEA IN CHILD’S DROWNING

MOTHER TO SERVE UP TO SEVEN YEARS IN PRISON 

            Brooklyn, November 3, 2006 Kings County District Attorney Charles J. Hynes announced today that Tracina Vaughn pleaded guilty to Criminally Negligent Homicide and Reckless Endangerment in the First Degree, in the drowning of her 16-month-old son, Dahquay Gillians, last November. 

               When she is sentenced, November 28, Vaughn will receive three-and-a-half to seven years in prison. 

                Vaughn, 26, was charged with leaving Dahquay, and his three-year-old brother, Tramel Vaughn, alone in a bathtub filled with water, while she was in another part of the apartment. Dahquay drowned. 

                 Assistant District Attorney Catherine Dagonese prosecuted the case. Ama Dwimoh is Chief of the Crimes Against Children Bureau. 

Contact:   Jonah Bruno
                   718-250-2300

060

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT IN GERRITSEN BEACH BIAS ATTACK        

SIX CHARGED WITH HATES CRIMES; HOTLINE SET UP BY DA’S OFFICE

             Brooklyn, November 3, 2006 Kings County District Attorney Charles J. Hynes today announced the indictment of six white Gerritsen Beach residents charged with attacking four black teens last June 26. 

            The victims two 15-year-olds, one 16-year-old and one 17-year-old got lost in Gerritsen Beach riding their bikes back home to Flatbush, after playing basketball in Marine Park. They were attacked by a large crowd shouting racial slurs. The all-white mob included persons on foot, on bikes, and several in a car driven by Allesandro Cerciello, 17. 

            Two victims escaped on their bikes. One ran away after the defendants knocked him off his bike and stole it. The fourth, 15, was chased by the mob, who took his bike, pushed him to the ground and punched and kicked him. Eventually he was able to get away and jumped into the car of a passerby who drove him home. 

            Joseph Jirovec, 18; Joseph DeSimone, 17; Christopher Rapuzzi, 17; Brandon Barile, 21; William Dunphy, 23; and Cerciello are all charged with Robbery in the Second Degree as a Hate Crime, Assault in the Third Degree as Hate Crime, Aggravated Harassment in the Second Degree and Menacing in the Third Degree. Cerciello has been charged with additional counts of Menacing in the Second Degree as a Hate Crime and Criminal Possession of a Weapon in the Fourth Degree. If convicted, the defendants face up to 25 years in prison. 

            To assist the investigation DA Hynes established a Gerritsen Beach Hotline, (718)250-2828. The hotline is still open and the investigation is ongoing.  

            Assistant District Attorney Sabeeha Madni, Counsel to the Rackets Division Richard Farrell, and the Chief of the Civil Rights Bureau Charles Guria are prosecuting the case. Michael Vecchione is Chief of the Rackets Division.

Contact:   Jonah Bruno
                   718-250-2300

061

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES SENTENCING IN COURTROOM ATTACK 

PEARSON AND HENDRIX GET TIME ADDED TO LIFE SENTENCE 

            Brooklyn, November 20, 2006 Kings County District Attorney Charles J. Hynes announced today the sentencing of Troy Hendrix, 22, and Kayson Pearson, 24, to 22 years in prison for a violent escape attempt launched during their murder trial last Jan. 19. 

                The two men were sentenced last April to life in prison with out parole plus 25 years, for the 2003 kidnapping, rape, and murder of 19-year-old Hunter College student Ramona Moore, and the kidnapping and rape of another woman, who survived. The additional 22 years will be added to the previous sentence, for a total of life plus 47 years in prison. 

                Pearson and Hendrix were convicted in October of Attempted Robbery in the Second Degree, Attempted Assault in the First Degree, and Attempted Escape in the First Degree. Additionally, Pearson alone was convicted of two counts of Promoting Prison Contraband in the First Degree.  

                 During their murder trial, the two defendants smuggled sharpened plastic prison shivs into the courtroom, in order to use them as weapons in an escape attempt. Pearson and Hendrix used the makeshift knives to attack a defense attorney and court officer, before they were subdued and arrested. 

                 Assistant Disctrict Attorney Robert Walsh, of the Homicide Bureau, prosecuted the most recent case and Anna-Sigga Nicolazzi prosecuted the murder trial. Ken Taub is Chief of the Homicide Bureau.

Contact:   Jonah Bruno
                   718-250-2300

062

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES CONVICTION OF WOMAN WHO BURNED HER SON WITH HOT STEAM PIPE 

            Brooklyn, November 22, 2006 Kings County District Attorney Charles J. Hynes today announced the conviction of Rita Gonzalez, 28, for burning her 6-week-old son, Phillip, by pressing his body against a hot steam pipe.  

                She was convicted on two counts of Assault in the Second Degree and one count of Endangering the Welfare of a Child, after a week-long trial before Justice Joel Goldberg. She will be sentenced on January 5, 2007.  She faces a maximum of seven years in prison. 

                Gonzalez told investigators she believed if the boy was hurt, his father, Greg Schwartz, would pay more attention to her and Phillip. Gonzalez repeatedly held Phillip against a hot steam pipe in the bathroom, after giving him a bath, Dec. 9, 2004. He received second and third degree burns to his shoulders, head, and back. She was arrested two days later after Schwartz brought the child to the hospital.  Phillip was placed in foster care. 

                 The case was prosecuted by Assistant District Attorney Perry Cerrato and First Deputy Bureau Chief Roger McCready of the Crimes Against Children Bureau. Ama Dwimoh is Chief of the Crimes Against Children Bureau. 

Contact:  Sandy Silverstein
                  718-250-2300

063
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT IN DEATH OF NINE-YEAR-OLD

MOTHER CHARGED WITH MURDER AND ARRAIGNED AT HOSPITAL 

            Brooklyn, November 28, 2006 Kings County District Attorney Charles J. Hynes today announced the indictment of Olivia Jnnoel for the murder of her nine-year-old son, Kanil, at their Brooklyn Avenue home. 

                Jnnoel, 27, was remanded following the arraignment in Elmhurst Hospital. She is charged with Murder in the Second Degree, Manslaughter in the First Degree, and Endangering the Welfare of a Child. If convicted, she faces 25 years to life in prison.

                The indictment charges that Jnnoel smothered Kanil with a pillow Nov. 13, the day after his ninth birthday. She was taken to the hospital with numerous injuries after she threw herself in front of a subway car at the West 8th Street stop of the F Train in Coney Island.  

                 Assistant District Attorney Jacqueline Kagan is prosecuting the case. Ama Dwimoh is Chief of the Crimes Against Children Bureau. 

Contact:   Jonah Bruno
                   718-250-2300

064

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES FIRST ASSISTANT DA HONORED WITH PRESTIGIOUS AWARD FROM AMERICAN BAR ASSOCIATION 

         Brooklyn, November 28, 2006 Kings County District Attorney Charles J. Hynes today announced that First Assistant District Attorney Anne J. Swern received the New York City Bar Association’s Thomas E. Dewey Medal. The award recognizes the contributions that prosecutors have made to public service.   

             "Anne Swern is an outstanding attorney, who has dedicated her life to public service," said DA Hynes. "I cannot think of anyone who deserves this award more than she does." 

            Swern was honored on November 28 along with prosecutors from the other four boroughs’ district attorney’s offices at a ceremony at the Bar Association’s headquarters in Manhattan.   

            The moderator was Seth Farber, Chair of the Dewey Medal Committee. The keynote speaker was Hon. Albert M. Rosenblatt, Associate Judge in the NYC Court of Appeals. The presenter was Barry Kamins, President of the New York City Bar Association.   

            Swern has been a prosecutor for 26 years. She oversees three substance-abuse treatment courts, the Red Hook Community Justice Center and the Mental Health Court. In addition, she is in charge of the nationally acclaimed Drug Treatment Alternative to Prison (DTAP) Program, the first prosecution-run program in the country to divert prison-bound felony offenders into residential drug treatment. She also supervises the TADD (Treatment Alternatives for Dually Diagnosed) Program, an alternative to incarceration program which diverts mentally ill defendants into treatment.   

            Swern serves on the Judiciary Committee of the Brooklyn Bar Association and the Prosecution Function Committee of the American Bar Association. She is a member of the Board of Directors of the National District Attorney’s Association. Swern was selected 1999 Humanitarian of the Year by the Education and Assistance Corporation and the 2000 Prosecutor of the Year by the Kings County Criminal Bar Association. She is also an adjunct associate professor at Brooklyn Law School. 

Contact:  Sandy Silverstein
                  718-250-2300

065
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES REFERRAL OF ATTORNEY TO FIRST DEPARTMENT DISCIPLINARY COMMITTEE
 

            Brooklyn, November 30, 2006 Kings County District Attorney Charles J. Hynes today announced that he had referred Emani Taylor, Esq., to the Appellate Division, First Department Disciplinary Committee, for investigation of her actions, while serving as retired Brooklyn Supreme Court Justice John L. Phillips’ court-appointed law guardian. 

            While the evidence does not demonstrate Ms. Taylor committed a crime, she may well have violated rules governing an attorney’s conduct, when acting in a fiduciary capacity,  said District Attorney Hynes. 

            Brooklyn Supreme Court Justice Michael Pesce appointed Taylor, an attorney, as Phillips’ guardian in September 2003. When, at her request, Taylor was removed from Phillips’ case, the new guardian noticed that Taylor had written checks to herself totaling $200,000 against the retired judge’s account. On October 4, 2006, Justice Pesce referred the matter to the Kings County District Attorney’s Office for an investigation into possible criminality. 

            However, an investigation revealed that Taylor’s conduct, while not criminal, may subject her to disciplinary action by the First Department of the Appellate Division. 

Contact:  Jonah Bruno
                  718-250-2300

066

KINGS COUNTY DISTRICT ATTORNEY’S OFFICE HOSTS 
CLERGY OPEN HOUSE FOCUSING ON PUBLIC SAFETY
 

            Brooklyn, December 8 -- The issue of public safety in Brooklyn dominated the discussion at the bi-monthly Clergy Open House meeting on Wednesday at the District Attorney’s office. 

            A video presentation narrated by District Attorney Charles J. Hynes stressed the severity of the problem and noted a series of crime preventive initiatives available at his office.  

            They include the Drug Treatment Alternative-to-Prison Program (DTAP), re-entry support and services for people on parole, programs to aggressively combat community-wide prostitution and domestic violence. Another program is the Youth and Congregations in Partnership program (YCP), which matches troubled kids with mentors from their neighborhood congregations. 

             Other programs mentioned in the District Attorney’s presentation are the Brooklyn Saving Teens At Risk (S.T.A.R.) Project, which provides counseling to teenagers who are involved in prostitution and the Truancy Reduction Alliance to Contact Kids (T.R.A.C.K.) which provides counseling and referrals for truants at five community-based centers. 

               In addition, the Counseling Services Unit is available to provide assistance to those who were victimized in Brooklyn. Other programs include a People’s and Young People’s Law School, a criminal justice education program, and a Senior Affairs Bureau  to educate and protect Brooklyn’s 400,000 elderly residents.       

                Several clergy from Brooklyn’s Hispanic community that came from Williamsburg, Bushwick, Sunset Park, Greenpoint, Coney Island, and East New York attended the Clergy Open House meeting.

Contact:   J. Zamgba Browne
                   (718)  250-3850

067

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT IN INTERNATIONAL SECURITIES FRAUD 

TWO STOCKBROKERS CHARGED IN MILLION-DOLLAR SCAM 

            Brooklyn, December 12, 2006 Kings County District Attorney Charles J. Hynes today announced the indictment of two licensed stockbrokers, Damascus Lee and Ian Bynoe, who are charged with creating a fake real estate investment firm to launch a million-dollar securities fraud. 

               The case was referred to the District Attorney’s Office by the NASD (National Association of Securities Dealers), a private-sector regulator of the securities industry. 

               These rogue brokers violated their clients’ trust and emptied their life savings for their own greedy purposes, said District Attorney Hynes. I’d like to thank NASD for bringing this case to our attention, and I promise we will not close this investigation until every penny is recovered for all the victims of these crooked investors. 

                The indictment charges that Lee and Bynoe, both 34, created a fake real estate development company called Vanguard Development and Management and then sold stock in it. The company was based in Wyoming but did no actual business. However, from the J.P. Turner & Company branch office they operated at 469 Clinton Ave., in Clinton Hill, Lee and Bynoe had other stock brokers working for them contact potential investors around the world. The brokers Lee and Bynoe supervised told potential clients that investments in Vanguard Development were officially approved by J.P. Turner, when no such approval existed. They were also told to say the company had incredible growth potential and was on the verge of taking off.  

                  The investigation is ongoing, and more victims are expected. J.P. Turner & Company cooperated fully in the investigation and is not facing any charges. 

                 Led by Fordham Law School Professor Marcella Silverman, students in Fordham’s Securities Arbitration Clinic have begun working to recover the funds one victim lost.  

                 While the Brooklyn District Attorney works to prevent future victims of this securities fraud, one such victim is seeking recovery of her stolen funds through a private arbitration at the NASD filed last Friday, Dec. 8, against the individual brokers and the brokerage firm which empowered them, said Silverman. 

                 Thanks to Professor Silverman and her law students, at least one victim may soon be compensated for the money she lost, said DA Hynes. 

                Fordham’s Securities Arbitration Clinic represents small investors who have lost money through overreaching or criminal activity of brokers. At the clinic, law students handle actual cases under the supervision of a professor, who is a practicing attorney. 

                Lee and Bynoe are charged with numerous felonies, including Grand Larceny in the Second Degree, Grand Larceny in the Third Degree, Scheme to Defraud in the First Degree, and Money Laundering in the Second Degree. If convicted, they face up to 15 years in prison. 

                 NASD has revoked Lee’s license to sell securities in the US. 

                Assistant District Attorney Bryan Wallace is prosecuting the case and is being assisted by Assistant District Attorneys Gavin Miles and Noel Downey. Michael Vecchione is Chief of the Rackets Division. 

Contact:   Jonah Bruno
                   718-250-2300

068

EL FISCAL DE KINGS COUNTY CHARLES J. HYNES ANUNCIA ACUSACION FISCAL EN FRAUDE DE VALORES INTERNACIONALES 

   DOS CORREDORES DE VALORES ESTAN ACUSADOS DE UN FRAUDE MILLIONARIO

 

Brooklyn, 12 de diciembre, 2006 – El fiscal de Kings County Charles J. Hynes hoy anuncio la acusación fiscal de dos corredores de valores licenciados, Damascus Lee y Ian Bynoe, quienes están acusados de crear una firma de inversiones de bienes raíces falsa  para establecer un fraude de valores, millonario.  

            El caso fue referido a la oficina del fiscal por el NASD (La Asociación Nacional de Corredores de Valores),  contralor del sector privado de la industria de valores.   

            “Estos corredores de valores han violado la confianza de sus clientes y han limpiado los ahorros de toda su vida por sus propias razones egoístas,” dijo el fiscal Hynes. “Quiero agradecer a NASD por traer este caso a nuestra atención, y yo prometo que no vamos a cerrar la investigación hasta que cada centavo haya sido recuperado para todas las victimas de estos inversionistas  mal intencionados.” 

             Los cargos acusatorios acusan que Lee y Bynoe, los dos de 34 anos de edad, crearon una firma falsa de desarrollo de bienes raíces llamada Vanguard Development and Management, vendiendo después las acciones a continuación. La compañía estaba basada en Wyoming pero no tenia negocios reales. De la oficina de J.P. Turner & Compania que operaban en el 469 de la Avenida Clinton, en Clinton Hill, Lee y Bynoe tenían otros corredores de valores que trabajaban para ellos que contactaban potenciales inversionistas a nivel internacional. Los corredores de valores que Lee y Bynoe supervisaban dijeron a los clientes potenciales  que las inversiones de Vanguard Development fueron oficialmente aprobadas por J.P. Turner, cuando en realidad tal aprobación no existía. A ellos tambien se les dijo que la compañía tenía una increíble posibilidad de desarrollo y estaba a punto de subir de valor.  

              La investigación sigue, y se esperan más victimas. J.P. Turner & Company cooperaron totalmente en la investigación y no enfrentaran cargos. 

             Guiados por la Profesora Marcella Silverman, de la Escuela de Leyes de Fordham, los estudiantes de Securities Arbitration Clinic de Fordham ya han espezado a trabajar para recuperar los fondos perdidos por una de las victimas.  

             “Mientras el fiscal del distrito de Brooklyn trabaja para prevenir futuras victimas de fraude  de valores, una victima busca recuperar sus fondos perdidos por medio de arbitraje privada frente a la NASD  presentada el viernes, 8 de diciembre, contra los corredores individuales y la firma de corretaje que los autorizo,” dijo Silverman.  

             “Gracias a la profesora Silverman y sus estudiantes de leyes, por lo menos una victima podría muy pronto ser compensada por el dinero perdido,” dijo el fiscal Hynes.  

              Fordham’s Securities Arbitration Clinic representa a los pequeños inversionistas los cuales perdieron dinero por las actividades criminales de los corredores de valores. En la clínica, los estudiantes de leyes tratan casos reales bajo la supervisión de un profesor, quien es un abogado en ejercicio. 

              Lee y Bynoe son acusados por numerosos delitos, incluyendo hurto en segundo grado y hurto en tercer grado, y plan de defraudar en primer grado y lavado de dinero en segundo grado.  Si son condenados, enfrentaran hasta quince anos de prisión. 

             La NASD ha cancelado la licencia de para venta de valores de Lee en los Estados Unidos. 

             Bryan Wallace, asistente del fiscal procesara el caso y será colaborado por los abogados asistentes del fiscal, Gavin Miles y Noel Downey. Michael Vecchione, es jefe de Raquets Division.

Contacto: Jonah Bruno
                718-250-2300

069

DA HYNES TAKES CRUSADE AGAINST CHILD ABUSE TO EAST NEW YORK COMMUNITY 

            The Office of Brooklyn District Charles J. Hynes took its crusade against child abuse  to East New York last Saturday with a powerful slogan, A Call to Action, suggesting that the situation has become problematic and needs swift attention. 

            Ama S. Dwimoh, executive assistant district attorney and chief of Crimes Against Children at the District Attorney’s Office, assembled a team of experts in the sanctuary of the National Church of God on Saratoga Avenue to address the issue. 

              The panel included Dr. Christina Guillen, a pediatrician and assistant professor at Downstate Medical Center, and Detective Florence Gomes, of the NYPD’s Child Abuse Squad. 

              Other members of the team were Dely Perez, a domestic violence consultant, at the Jewish Board of Family and Children’s Services; Fatuma Mohamed, a supervisor at the , Administration for Children’s Services, and Edna Asknes, a nurse supervisor at the Nurse Family Partnership. 

               Each member of the panel provided her own chilling, personal experience in dealing with the problem of child abuse in her day-to-day work in New York City.  

            Dwimoh stressed the severity of the problem and introduced a graphic slide presentation to further emphasize her point. She also distributed literature highlighting crimes against children and steps being taken by the District Attorney and her Bureau to help stem the tide. 

            She spoke briefly about a program operated out of her Bureau, titled, Brooklyn CPR (Community and Prosecutors Responding to Child Abuse). She said the group is composed of community leaders who are committed to battling the problem on the grassroots level.  

             A CPR flyer districted by Dwimoh states that as a group, CPR members look inward. We brainstorm about what solutions will work best within our individual communities. We take our ideas back to our neighborhoods and implement them, the flyer continued.  

            In addition, the statement said the group understands that awareness and education are key in the fight to protect children. We work alongside the District Attorney at bi-monthly meetings to develop and implement community-based responses to the issue of child abuse, the flyer reads.  

             Dwimoh also spoke about the role her Bureau plays in the crusade against child abuse. She said the Bureau was launched some nine years ago by District Attorney Hynes in recognition that child victims of violent crimes are a vulnerable population with unique needs that must be addressed with great care. 

            In her slide presentation, Dwimoh also provided the following signs to watch for in determining if a child is being abused. 

·        Unexplained absences from school.

·        Afraid to go home

·        Sleep disturbances

·        Eating disorders, consistently hungry

·        Aggressive behavior

·        Depressed, listless

·        Lost of interest

·        Failure to thrive

·        Sexually inappropriate behavior

·        Poor hygiene, inappropriate dress

·        Poor peer relationships

·        Behavior extremes.  

            Dwimoh said the best way to help curb child abuse is to promptly report the matter when there are tell-tale signs by calling the police emergency 911 hotline or the State Central Registry Hotlines at  (800) 432-3720.

Contact:   J. Zamgba Browne
                   (718) 250-3850

070

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES CONVICTION OF THANKSGIVING RAPIST

DNA MATCH LED TO CONVICTION EIGHT YEARS AFTER CRIME
 

         Brooklyn, December 19, 2006 Kings County District Attorney Charles J. Hynes today announced the conviction of Jamel Ash, 29, on charges of Rape in the First Degree and Burglary in the Second Degree. 

            When he is sentenced January 16, Ash faces a maximum of 25 years in prison. 

            Ash was indicted earlier this year, when tests of DNA samples collected after the crime showed he was a positive match. Eight years had elapsed since the rape, but Ash’s DNA was in the state DNA databank because he had a prior felony burglary conviction.  

            On Thanksgiving night, 1998, the 53-year-old victim’s family members had all gone home after dinner, except for her eight-month-old granddaughter. Her husband, who worked nights, had also left for the evening. From her bedroom upstairs, the victim heard someone downstairs and called her son’s name. Hearing no response, she locked herself and her granddaughter in the bedroom. Seconds later Ash kicked the door in and demanded money and jewelry. She showed Ash a paycheck and said she had no cash. He took her jewelry and raped her.

            After the attack, the woman tried to call 911, but Ash cut her phone line. She ran to a neighbor’s house, with the baby, and called the police. 

            Assistant District Attorneys Rachel Schmidt and Maria Cienava prosecuted the case. Rhonnie Jaus is Chief of the Sex Crimes Bureau. 

Contact:   Jonah Bruno
                   718-250-2300

071

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT IN REAL ESTATE RIP OFF 

HOME STOLEN FROM ELDERLY HOLOCAUST SURVIVOR    

            Brooklyn, December 20, 2006 Kings County District Attorney Charles J. Hynes today announced the indictment of a married couple for stealing total ownership of a home they co-owned with an elderly Holocaust survivor and his wife who narrowly escaped Hitler’s Germany in 1938. 

            This is another example of the real estate fraud epidemic that is plaguing the city and especially Brooklyn, said District Attorney Hynes. In this particular case, an aging couple was robbed of their share in a very valuable property and were lucky they never lost their home.

            In 1987 Harry Langer, now 81, and his wife Hanna, now 75, purchased a one-third share of a home on 51st Street in Borough Park. Defendants Mendel and Chaya Rosenfeld, both 58, already owned the other two-thirds share. The couples agreed to each live in one of the four apartments and rent the other two, the income paying for maintenance and taxes on the building and any profits being split according to their stake in the property.  

            The indictment alleges that in 1999 the Rosenfelds stole the Langers’ share of the house. The theft was accomplished by a forged deed and other forged documents. Among the false documents was a forged affidavit claiming that the Langers gave their share to the Rosenfelds for free because the Rosenfelds were the Langers’ nephew and niece. In fact the couples are not related. The Rosenfelds immediately took out a $300,000 mortgage on the house. The mortgage is still on the house, even though the Rosenfelds deeded the house to Julius Spitzer, a relative, who in turn deeded the house to a shell corporation called Madison Realty Management. 

            The Rosenfelds are charged with Grand Larceny in the Second Degree, a Class-C felony which carries a maximum sentence of 15 years in prison. 

            Assistant District Attorney Richard Farrell is prosecuting the case for the Rackets Division. He is being assisted by Financial Investigator Vincent Verlezza. Michael Vecchione is Chief of the Rackets Division.

Contact:   Jonah Bruno
                   718-250-2300

072
KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES INDICTMENT IN REAL ESTATE THEFT
 

HOME STOLEN FROM ELDERLY CANCER VICTIM 

          Brooklyn, December 28, 2006 Kings County District Attorney Charles J. Hynes today announced the indictment of three men charged with stealing an elderly Brooklyn woman’s home, while she was dying of cancer. 

            The defendants are charged with forging documents to give defendant Russell Pitt power of attorney over a building owned by the woman at 39 Herkimer Street in Bedford-Stuyvesant. The indictment charges that in September 2004, Nathen Farkas and Pitt sold the home to Winston Roche, 59. However, Roche was involved in the criminal conspiracy, and he and the other defendants divided the $476,000 mortgage. The woman died in 2005. 

            One defendant, Jerry Brauner, 53, who notarized the power of attorney, is charged with falsifying a notary public renewal application, in which he denied that he was a convicted felon. 

            At their arraignments yesterday, Farkas, 31, and Brauner were held in lieu of $85,000 bail. Roche’s bail was set at $45,000. Pitt remains at large. 

            Brauner is charged with Offering a False Instrument for Filing in the First Degree. Charges against Farkas, Roche, and Pitt include Grand Larceny in the Second Degree, Conspiracy in Fourth Degree and Forgery in the Second Degree.           

             Assistant District Attorney Michael Vaccaro is prosecuting the case. Michael Vecchione is Chief of the Rackets Division.

Contact:   Jonah Bruno
                   718-250-2300

073

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES SENTENCING IN RAPE OF 10-YEAR-OLD GIRL 

            Brooklyn, January 19, 2006 Kings County District Attorney Charles J. Hynes today announced the sentencing of Tedy Pierre, 24, to 15 years in prison for raping a 10-year-old girl to whom he was related through marriage. 

            Pierre was convicted in November of Rape in the First Degree and Criminal Sex Act in the First Degree. 

            In the summer of 2005, Pierre raped and sodomized the girl on more than one occasion, threatening her with violence if she told anyone. Eventually she told her aunt, who contacted police. When Pierre realized he would be arrested, he fled to Haiti. He was arrested after returning to the United States. 

            Assistant District Attorney Patricia Gunning and Catherine Dagonese prosecuted the case. Ama Dwimoh is Chief of the Crimes Against Children Bureau.

Contact:   Jonah Bruno
                   718-250-2300

074

KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES ANNOUNCES CONVICTION IN GANG RAPE 

DEFENDANT’S DNA LED TO CONVICTION 

         Brooklyn, January 17, 2006 Kings County District Attorney Charles J. Hynes today announced the conviction of Robert Kelly for his participation in a July 2005 robbery and rape. 

           Kelly was convicted of Rape in the First Degree, Robbery in the Second Degree, and Criminal Sexual Act in the First Degree. When he is sentenced, February 2, he will face a maximum of 50 years to life in prison. 

            Kelly, 41, and four accomplices  Gerdzer Edmee, 18; Etzer Edmee, 25; Yashika Cochrane, 18; and Raynold Voltaire, 33  have all been charged in the incident. The victims  one man and one woman were carjacked, forced to surrender their ATM PIN numbers, and taken to the basement of a Flatlands apartment building, where the woman was raped. 

            Cochrane, who was not involved in the rape, pleaded guilty to Attempted Robbery in the Second Degree, in exchange for a two-year prison sentence. Voltaire, the apartment building’s superintendent, pleaded guilty to Rape in the First Degree and will serve eight years in prison. 

            In the basement of the building the victims were put in separate rooms, and the woman was repeatedly raped by four defendants. Kelly and Voltaire both lived in apartments in the building. 

            The rapists forced the victim to wear a towel over her head, so she could not see her attackers. However, DNA found at the scene matched Kelly’s. Kelly was also caught on surveillance video at an ATM machine withdrawing cash from one victim’s bank account. 

            Kelly, a Level-3 Sex Offender, is currently serving a life sentence on an unrelated charge. 

            The case was prosecuted by Assistant District Attorneys Kevin O’Donnell and Christina Fay. Rhonnie Jaus is Chief of the Sex Crimes Bureau.

Contact:   Jonah Bruno
                   718-250-2300

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