2008 Annual Report - Westchester County District Attorney

W ESTCHESTER C OUNTY
D ISTRICT A TTORNEY ’ S O FFICE
A NNUAL R EPORT 2008
JANET DIFIORE
DISTRICT ATTORNEY
MEMORIAM
MICHAEL F. HUGHES
1959 - 2009
BUREAU CHIEF OF THE PUBLIC INTEGRITY BUREAU, WESTCHESTER DISTRICT ATTORNEY'S OFFICE
THE EPITOME OF A CAREER PROSECUTOR WHO WAS ALWAYS GUIDED IN HIS WORK AND LIFE BY HIS
UNFLINCHING PRINCIPLES OF HONESTY AND INTEGRITY. HIS DEDICATION MADE THE PUBLIC INTEGRITY BUREAU
A PROUD ACHIEVEMENT OF THIS OFFICE. HE WAS WONDERFUL MAN WHO MARKED OUR LIVES WITH HIS SWEET
SPIRIT AND GOOD NATURE. ALWAYS THE GENTLEMAN, MICHAEL WAS LOVED BY ALL.
TABLE OF CONTENTS
MESSAGE FROM THE DISTRICT ATTORNEY……………………...………….…...………………….….………………………….…….1
FINANCIAL OVERVIEW………………………………………………….……………….………..………..……….…………………….2
PROSECUTION…………………….……………………………………….…………………………………..…………………..……..3
TASK FORCE ON WRONGFUL CONVICTIONS…………………………………………………………….…………………..…………..4
WESTCHESTER REENTRY TASK FORCE………………………………….……..……………………….………………..……………..4
VIOLENT FELONY SCREENING PROTOCOL……………………………….……..…………………………….…...……….…..…..……4
THE WESTCHESTER INTELLIGENCE CENTER………………………...……………...………………………..……..….……..…..........5
CODIS AND DNA COLLECTION…………………………………………….……………………………………………………………7
HOMICIDE………………………………………………………………………………………………………....………………………9
SEX CRIMES BUREAU…………………………..............................................................................................................................13
VIOLATION OF PROBATION………………………………………………….…………………….……………….……………………14
BIAS CRIMES………………………………………………………………….…………………………………….….….……………15
CAREER CRIMINAL BUREAU………………………………………………….……………………….…………..….…..….…………16
FIREARMS AND GANG VIOLENCE…………………………………………….………………………..….………….…...……………17
LOCAL CRIMINAL COURTS…………………………………………………….……………………………..……….…….……..……18
VICTIM’S JUSTICE CENTER UNIT……………..………………………..………………………...……….……..……………18
MADD VICTIM IMPACT PROGRAM……………………..………………………………………………..……...….…………19
TEST TO ELIMINATE SEXUAL TRANSMISSION PROGRAM………………..………………………………..….……..………..19
BAIL JUMPING………………………………………………………………………………………….…..………………….19
MENTAL HEALTH COURT…………………………..………………………………………...…………....….………………19
NARCOTICS ENFORCEMENT………………………………………………….………...……………………....................……...……20
ROAD TO RECOVERY…………………………………………………………………………….………..….………………20
OPERATION IMPACT…………………………………………………………………………..………...……...……………….………22
ORGANIZED CRIME/CRIMIINAL ENTERPRISE/AUTO CRIMES………………………………..………………………………………….22
HIGH TECHNOLOGY CRIMES BUREAU………………………………..…………………………….……………….....……….……...24
INTERNET CRIMES AGAINST CHILDREN…………...……………………………………….....………………..….…………24
IDENTITY THEFT………………………………….…………………………………………….………...……………………25
ENVIRONMENTAL CRIMES……………………………………………………………………….……..….………………...………….26
PUBLIC INTEGRITY……………………………………………………………………………….………………..…………….………27
SCHOOL DISTRICT FRAUD UNIT……………………………………………………….………...…………….....……..……27
ECONOMIC CRIMES…………………………………………………..…………………………………………...…...………….…….28
SPECIAL PROSECUTIONS DIVISION………………………………………………….…………..……..……………………………....29
DOMESTIC VIOLENCE………………………………………………………………..………….……………………………………....29
CHILD ABUSE………………………………………………………………...……………..……………..……………………………31
INTEGRATED YOUTH COURT……………………………………………………………………….…………………...…….32
CHILD FATALITY REVIEW TEAM…………………………………………………………………….………………………...33
MULTI-DISCIPLINARY TEAM FOR THE INVESTIGATION OF CHILD ABUSE………………....…………………………...……..34
ELDER ABUSE………………………………………………………………………………….………………………………...……..35
APPEALS AND SPECIAL LITIGATION………………………………………………….……….……………….……...…………...……35
COMMUNITY OUTREACH AND TRAINING…………….……………………………………………………………………………..…..37
LEGAL EDUCATION AND TRAINING…………………….…………………………………………………………………...……..……39
A MESSAGE F ROM THE DISTRI CT ATTORNEY
In the three years that I have had the honor of serving as Westchester County District Attorney, the Office has expanded
its focus on aggressively prosecuting crimes to include a broader, proactive focus on enhancing public safety by improving crime fighting intelligence, educating the public on crime prevention, and working on law enforcement issues with
community partners. The process has been challenging and rewarding, and this 2008 Annual Report contains our accomplishments thus far.
Our efforts in prosecuting offenders have been very successful: our 2008 conviction rate for all felonies was 98.2%, and
for violent felonies, 98.1%; these surpass statewide conviction rates. We have established a system of comprehensive
review of all pre-indictment felony charges by experienced Assistant District Attorneys to determine the legal needs of
any given case at the earliest stage. We continue to increase the number of violent crime cases in which we prosecute
vertically - one prosecutor assigned to a case from start to finish - to provide victims and the police special assistance
from an experienced prosecutor. This is challenging given personnel considerations but especially important in Westchester, where most criminal cases originate in one of the 42 separate local criminal courts that are staffed by the District Attorney’s Office.
In 2008, in response to the longstanding critical need to share crime fighting intelligence among Westchester’s 43 local
police departments and various state and federal law enforcement agencies, we opened the Westchester Intelligence
Center. Here, police departments share information and receive assistance in analyzing crime patterns and identifying,
and locating offenders for arrest. The availability of shared, advanced capabilities such as satellite imaging, mapping,
collecting and mining of data, and tracing of guns has made all of us in the law enforcement community more efficient
and more effective.
The Office prosecuted violent felonies and targeted gangs, narcotics and firearms for intensive
investigation. We continued to investigate cases
of identity theft, environmental crime and internet
crime. Because of the importance of the public’s
confidence in government and the criminal justice system, we focused special attention on public integrity. Our commitment to protecting our
communities from the threat of narcotics includes
our recognition that offering drug treatment rather
than incarceration is appropriate with some offenders. We worked with the courts to introduce
the Integrated Youth Court in 2008, to expand
the availability of rehabilitative services for young
people, and maintained our commitment to the
T EENS FROM M OUNT V ERNON ' S "A ID FOR C HILDREN "
Mental Health Court, to provide mentally ill deS UMMER P ROGRAM WITH D ISTRICT A TTORNEY J ANET D I F IORE
fendants with links to appropriate treatment and
A FTER THEIR T OUR OF THE C OUNTY C OURT B UILDING .
services.
As District Attorney, I take very seriously the responsibility of ensuring that the innocent are not wrongfully convicted of
crimes. In 2008, I was proud to serve on the New York State Bar Association’s Task Force on Wrongful Conviction,
which examined cases of wrongful convictions to identify the causes for these outcomes, and will issue a final report in
2009. The advancements in DNA technology, in particular, provide the potential for meaningful differences in forensic
evidence in certain cases, as compared to that available some years ago. In 2006, I created the Second Look Project to
review murder convictions obtained prior to 2000, to determine whether today’s DNA technology could be meaningfully
employed in those case. In addition, the Sex Crimes Bureau reviews sexual assault convictions where DNA evidence
testing was not obtained prior to conviction, and the Appeals and Special Litigation Division reviews claims of innocence
by defendants at the post-conviction stage.
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We have delivered these important justice and public safety services in a financially responsible way, always mindful that
we are funded by taxpayer dollars. For the three years that I have served as District Attorney, we returned a total of
3.77 million taxpayer dollars in savings from our budget back to the county. I am proud of the commitment to public service that is shared by the entire staff of the District Attorney’s Office. I hope you will feel free to contact me regarding
any public safety issue.
For more information about our programs and services, please visit us at
www.westchesterda.net.
FINANCIAL OVE RVIEW
F
iscal Responsibility - The District Attorney’s Office is funded by Westchester County. It is the responsibility of
the District Attorney to present a budget request that is both fiscally responsible and practical in terms of allowing
this Office to carry out its legal mandates. Many of the initiatives and programs outlined in this report have been
established and/or continued without a request for increased funding from the County. This has been accomplished by
utilizing federal and state grant funding and by maximizing existing resources, as well as by utilizing forfeited monies
used by convicted drug dealers and other criminals in
their criminal enterprises. The District Attorney’s
MONIES RETURNED TO THE
budget comprises less than 2% of the overall County
COUNTY'S GENERAL FUND
budget. The District Attorney continues to work
closely with the County Executive, the Board of Legis1,670,228
lators and the Budget Department in order to maintain
a budget that is both prudent and responsible. In
1,117,669
each of the three years of this Administration, this Of988,378
fice has come in under budget and has returned significant savings back to the County’s General Fund.
In 2006, we returned $988,378; in 2007 we returned
$1,117,669 and in 2008, we returned $1,670,228.
2006
2007
2008
A
dministration and Operations - The mission of Administration and Operations is to enhance the performance of
the District Attorney’s Office by ensuring that administrative functions and support services are performed effectively and
efficiently. Responsibilities of Administration include:
•
Preparation and management of the Department’s
operating and capital budgets;
•
Management of financial concerns;
•
Development/preparation and management of Department contracts and grants;
•
Personnel and payroll functions;
•
Management of facilities; and
•
Procurement of equipment purchases.
Positions
250
205
200
150
100
45
50
0
Operating
Grants
PHOTOS ON COVER PAGE COURTESY OF PAUL WARCHOL PHOTOGRAPHY, INC.
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PROSECUTION
The District Attorney is a constitutional officer charged with the duty to conduct the fair and impartial prosecution of all crimes
committed in this County. This duty coexists with the duty to protect the innocent and refrain from prosecuting those against
whom sufficient evidence is absent.
The prosecutions of most criminal cases originate in one of the 42 local city, town and village courts in Westchester County. Assistant District Attorneys assigned to our eight local court branch offices appear in these court proceedings. In 2008, 39,484
criminal cases were prosecuted in the local courts, up from approximately 38,000 in 2007. Of this number, 33,918 were commenced as misdemeanors and violations, and 5,566 were felony charges. As local courts only have preliminary jurisdiction over
the felony cases, a timely review of each felony case by Assistant District Attorneys assigned throughout the Office must be
made to determine if there is legally competent evidence to support the filing of felony charges in the superior courts. A best
practice of the Office is the vertical prosecution of homicides, sexual assaults, and other violent crimes, as well as crimes committed against special victims including the elderly and children. Having an experienced Assistant District Attorney handle the
case from beginning to end provides victims of serious crimes with a comfortable continuity and an expert guide to assist them in
their journey through the daunting criminal justice system.
A
core mission of every District AttorFelony Conviction Rate
ney’s Office is the vigorous prosecuPrison / Jail Time Rate
2008
tion of serious and violent crime. In
for Felony Convictions
2008, my Office pursued this mission, skill2008
fully, ethically, and forcefully – and the results
have been outstanding. According to the
statistics maintained by the New York State
Division of Criminal Justice Services (DCJS),
in 2008, the Westchester County District At90.4%
98.2%
torney’s Office had a felony conviction rate of
74.7%
71.4%
NYS
WC
over 98.2%. This number includes both guilty
WC
NYS
pleas and trial convictions. By way of comparison, in 2008, the statewide conviction rate
for felony offenses was 90.4%. The percentSource: DCJS
age of defendants convicted of felony offenses in 2008 who were sentenced to prison/jail was 74.7 % as compared to the state rate of 71.4 %.
Violent Felony Conviction
Rate 2008
98.1%
WC
88.3%
NYS
Prison / Jail Time Rate for
Vio lent Felony
Convictions 2008
91.5%
WC
79.8%
NYS
Our conviction rate in 2008 for violent felony
offenders, individuals charged with crimes
such as murder, manslaughter, robbery, burglary, aggravated assaults, sex offenses, kidnapping, gun possession, and arson was better than 98.1%. Statewide, the conviction rate
for violent felony offenses was 88.3%. The
percentage of defendants convicted of violent
felony offenses in this County in 2008 who
were sentenced to prison/jail was 91.5% as
compared to the state rate of 79.8%.
We achieved these better than statewide felony conviction rates in a timely and expediSource: DCJS
tious manner, insuring that justice is not delayed. In 2008, statewide, prosecutors required an average of 204 days to dispose of a felony indictment or information and 239
days to dispose of a violent felony indictment or information. Our Office required an average of 84 days to reach the disposition
on a felony indictment or information and only 101 days to dispose of a violent felony indictment or information.
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TASK FORCE ON WRONGFUL CONVICTIONS
In June 2008 the new President of the New York State Bar Association, Bernice Leber, announced, as a cornerstone of her administration, the creation of a blue ribbon Task Force on Wrongful Convictions to study the systemic, procedural and statutory
causes that contribute to wrongful convictions in New York State. District Attorney Janet DiFiore was honored to be among the
21 distinguished jurists, prosecutors, criminal defense attorneys, members of law enforcement, good government groups and
leading members of academia from throughout the State asked to join the Task Force.
Throughout the latter half of 2008, the Task Force conducted an analysis of cases in New York State that have led to wrongful
convictions, as well as the system-wide rules, procedures and statutes that may have contributed to these convictions. In January 2009, the Task Force issued its preliminary report, detailing a proposed platform of regulatory, legislative, statutory and procedural reforms to prevent miscarriages of justice, and to assure that the guilty are convicted. Throughout 2009, the Task Force will
hold a series of hearings to provide for input from communities around the state on this issue, the first being February 13, 2009 in
New York City. The Task Force is expected to issue a final report in spring 2009.
n 2006, the District Attorney established the Second Look Project. Two Assistant District Attorneys have been designated
to review all murder convictions obtained prior to the year 2000 which is the year Short Tandem Repeat DNA (STR DNA)
technology became a routine investigative tool. The purpose of the Office’s review is to determine whether DNA technology available today may be meaningfully employed in any particular case. It is a very arduous task, as each case must be
reviewed with care. The goal of ensuring that there is no question as to the validity of each and every such conviction is
paramount. Other post-conviction review projects include the review by the Sex Crimes Bureau of sexual assault convictions
where DNA evidence testing was not obtained prior to conviction and the review by the Appeals and Special Litigation Division of innocence claims by the defendants at the post-conviction stage.
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WESTCHESTER REENTRY TASK FORCE
The District Attorney chairs the Westchester County Reentry Task Force (WCRTF), a collaborative effort funded by DCJS
that brings together New York State and Westchester County agencies, along with the not for profit and faith based communities. The goal of WCRTF is to prevent crime and reduce recidivism among released offenders by facilitating their successful reintegration into the community. An important aspect of the work of WCRTF is to identify gaps or barriers to needed services that may work against successful reentry.
Working closely with Parole, WCRTF recommends needed services and links reentrants to appropriate local service providers. During 2008, WCRTF accepted 134 reentrants into the program. Of these individuals, 92 were referred to substance
abuse treatment; 17 to mental health treatment; 38 to educational services; 100 to employment services; and 71 to Cognitive
Behavioral Therapy groups. Reentrants participating in WCRTF in 2008 show encouraging preliminary results, with a lower
rate of arrest for new crimes than that of all Westchester County parolees.
VIOLENT FELONY SCREENING PROTOCOL
Established by District Attorney Janet DiFiore in 2007, the Violent Felony Screening Protocol continues to enhance the
prosecution of violent crimes as directed by the Deputy Division Chief of the Superior Court Trial Division. The Deputy Division Chief, now designated the Violent Felony Coordinator (VFC), reviews immediately upon arraignment in the local criminal
court, all violent felony cases with the exception of homicides, sex crimes and child abuse cases, all of which are vertically
handled by senior Assistant District Attorneys from the investigation stage. The review by the VFC allows for an immediate
assessment by a veteran trial prosecutor of legal and factual issues warranting further action by the local police department
and/or an Assistant District Attorney to enhance the case for prosecution. This review also serves as an invaluable training
method for the newer Assistant District Attorneys who are taught how to view the evidence through the prism of a trial prosecutor. In 2008, 833 violent felony cases were reviewed under this protocol. Cases involving persistent felony offenders who
face life imprisonment because of three predicate felony convictions are immediately forwarded and reviewed by the Chief of
the Career Criminal Bureau for vertical prosecution by trial assistants. Violent felony cases that require special attention, for
example, the multi-jurisdictional burglaries involving multiple arresting police agencies or the robbery of an elderly victim, are
assigned to trial assistants in the Major Case Bureau for vertical prosecution. Vertical prosecution, where one Assistant District Attorney prosecutes a case from beginning to end, ensures that the most experienced prosecutors handle the most serious cases from police investigation to final disposition.
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THE WESTCHESTER INTELLIGENCE CENTER
In February 2008, District Attorney Janet DiFiore, together with local, state and federal law enforcement agencies, proudly announced the opening of the Westchester Intelligence Center
located in White Plains. The opening marked the culmination of the concerted efforts of the
District Attorney and the police commissioners and chiefs from 43 local police jurisdictions
throughout Westchester County to create a crime analysis intelligence center which will serve
as the focal point for information sharing and collaboration among law enforcement agencies
operating in Westchester County. The principal goal of the Intelligence Center is to abate crime
by supporting local police agencies in their efforts to identify and locate offenders, and to spot
predictive trends that may be used to develop crime prevention strategies.
The Center is staffed by crime analysts, detectives and investigators, who have unprecedented
and immediate access to millions of electronic records provided by local, state and federal law enforcement agencies operating in
Westchester County. Working in close collaboration with these agencies, these specially trained analysts/investigators are able to
develop strategies to prevent and solve crimes through intelligence led policing, a targeted approach to crime control that focuses
on identification, analysis and response to persistent and developing trends.
The information gleaned from such analyses allows the District Attorney and police senior management to understand countywide crime trends and develop strategies to combat them. Utilizing the Center’s capabilities, which include satellite imaging and
electronic mapping, we are also able to identify specific offenders who commit crimes across numerous jurisdictions. For example, through the identification and analysis of ballistics links, crime scene evidence, and targets of investigations we learn which
individuals and groups are driving gun violence in the county.
I
n addition to forming a repository for shared information, crime analysts at the
Intelligence Center actively mine and collect information required for the police to pursue search warrants within and beyond New York State, identify
potential leads in a case, trace guns, and identify and locate crime suspects. It
is not unusual for a crime analyst to conduct analysis of tens of thousands of
records for the purpose of identifying a single investigative lead in a case, affording the local police investigator more time to conduct their investigation in the
field.
Initiatives undertaken by crime analysts at the Center included systematic ballistics examinations of all gun cases out of New York City that were related to defendants who reside in Westchester County. In one instance a previously undiscovered ballistics match to a weapon recovered in the Bronx was linked to a shooting incident that occurred in Westchester. The
Intelligence Center has also developed an innovative analysis detailing possible locations of suspects identified by DNA evidence.
This analysis has provided the model for projects currently being replicated in police agencies in other jurisdictions.
Additionally, The Intelligence Center creates reports identifying suspects
WESTCHESTER COUNTY VIOLENT CRIMES
who commit cross-jurisdictional crimes within Westchester; participates in
2005 - 2008
a statewide HIDTA (High Intensity Drug Trafficking Area) initiative to iden2768
tify hidden drug traffickers; tracks daily the arrests in Westchester; creates
interactive crime maps; tracks reports of burn victims for possible connec2648
tion to criminal activity; participates in roundtable forums to identify financial crimes through federal sources; and assists local police in their active
2468
2396
and cold case investigations.
Addressing Violent Crime - Violent crime decreased by 10% in Westchester County from 2006 to 2007 and continued in a downward trend in
2005
2006
2007
2008
2008 with an additional decrease of 3% from the previous year. The reduction in violent crime is a product of the concerted efforts of local police departments in Westchester County. The active collaborations, formal information sharing protocols, and a shared economy of resources made possible by the Intelligence Center
contributed to the successes of local police agencies to create safer communities for Westchester residents.
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T
he Intelligence Center hosts weekly meetings attended by local field intelligence officers, parole officers, probation officers,
corrections officers, crime analysts and FBI personnel. Attendees share vital intelligence information pertaining to violent
crime, illegal weapons possession, and illegal gang activity. Our commitment to information sharing was rewarded when, at
one such meeting, information was relayed about a location of a suspect in possession of a handgun. Days later, a “shots fired”
incident was captured on video and police were able to identify the shooter based upon information gleaned from the Intelligence
Center meeting. The suspect was later arrested in the Bronx and found in possession of the weapon.
The Intelligence Center also facilitates monthly meetings hosted by the District Attorney and attended by police commissioners
and chiefs, at which the participants formulate coordinated, cross-jurisdictional strategies to combat crime. In 2008, these strategy
sessions led to a successful collaboration for the proactive collection of outstanding DNA profiles from convicted offenders; the
drafting of public safety policies; coordinated enforcement activities; and an initiative to centralize countywide data collection in
congruence with similarly aligned state and federal programs.
S
eamless Records Management - Communication of intelligence data among law enforcement agencies is essential for
the modern day law enforcement community. Until the creation of the Intelligence Center, there was no uniform records
management system employed by all of Westchester’s police departments. Accordingly, through the Center, we have undertaken to link the various databases of all 43 local police departments in the County so that each police department will have
ready access to the collective database. To illustrate, the accumulation and segregation of domestic violence incidents within the
collective database will provide critical “real time” information for police officers investigating such incidents in the field, such as the
existence of an order of protection or warrant from any other jurisdiction that feeds into the Intelligence Center. Future plans for
the evolution of this project include national connectivity through an FBI pilot program.
S
pecial Projects - Grant funding supports an Intelligence Center project to design a web-based intelligence collection software program that will facilitate the expeditious sharing of information beyond the local police agencies. This web-based
module will allow individual police agencies to electronically collect and search intelligence information collected from officers in the field and, for the first time, provide a universal signature for countywide intelligence collection in Westchester. The investigative data available through this web-based program will be accessible by all Westchester police departments, as well as
any other law enforcement agency making inquiry.
Utilizing grant funds and in-house staff, the District Attorney’s Office, working collaboratively with DCJS, has also embarked on a
pilot program to map crime data protocols that will serve the law enforcement community.
N
C
ew Collaborations - The value of the Intelligence Center as a crime fighting resource is evident by the increasing number
of police agencies making inquiries. Throughout 2008, the number of inquiries has steadily and dramatically increased,
and has extended well beyond the metropolitan area to include law enforcement agencies as far south as Florida and as
far west as Arizona.
ost Savings - By providing for the ready availability of information and the ability to integrate existing law enforcement
functions, the Center lends itself well to the economy of the times and will result in untold savings to County taxpayers.
Federal funding and state grants secured by the District Attorney, together with forfeited monies seized from criminal offenders, help fund a significant number of expenditures associated with the Intelligence Center, including personnel positions,
thereby offsetting the costs to county residents.
Central to the mission of the Intelligence Center is the augmentation of local police agencies’ resources. The services of the Center are provided to all Westchester police agencies at no expense to their departments. Moreover, the creation of the Intelligence
Center eliminates the need for individual police departments to bear the financial burden of replicating the vast county-wide resources made available through the Center.
In another cost saving initiative commenced during the fourth quarter of 2008, the Westchester County Department of Public
Safety began integrating select personnel and functions of its Crime Analysis Unit, including its information sharing network and
support functions, into the Intelligence Center as a means of maximizing the intelligence driven investigative support provided to
the entire Westchester law enforcement community. This merger will culminate in the deployment of the Intelligence Center’s secure law enforcement web portal and information systems, which will allow the Westchester law enforcement community to gain
immediate access to county-wide and regional police information and intelligence.
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T
he Westchester Intelligence Center is truly a composite of the contributions made by Westchester’s law enforcement agencies. The information sharing and collaboration of field intelligence officers made possible by the Intelligence Center has
exponentially increased our ability to rapidly triage criminal events that endanger the public safety, and quickly respond to
situations as they develop, as demonstrated by a recent gang-related stabbing that occurred in New York City but was unreported to police. Information passed on to the Intelligence Center helped to identify a stabbing victim
who was being treated at a Westchester hospital. This information was provided to local police, who initiated an investigation. It was discovered that the
stabbing incident was related to and possibly in retaliation for a previously
reported homicide. A meeting of field intelligence officers at the Intelligence
Center assessed the situation, including the likelihood of further retaliatory
action since none of the parties involved was cooperating with police. The
Intelligence Center’s partners in the Department of Parole intervened. A parole violation was filed against one of the individuals involved in the stabbing
and that individual was arrested with the expectation that it may diffuse any
immediate retaliatory action. The effective coordination of these events was
the product of cross-jurisdictional cooperation among several law enforcement agencies, all of which was coordinated through the
Center which has established itself as an integral component of the increasingly interconnected law enforcement community.
CODIS and DNA COLLECTION
The most significant advancement in law enforcement is the refinement and application of DNA analysis. DNA is one of the most
powerful and reliable evidentiary resources for the just conviction of the guilty and the exoneration of the innocent. In 2008, the
application of DNA analysis continued to greatly enhance law enforcement’s ability to solve crimes which otherwise would have
never been solved.
The COmbined DNA Index System (CODIS) is a national DNA database maintained by the FBI and contains DNA profiles from
convicted defendants. DCJS maintains the New York DNA databank, which is comprised of data generated from DNA testing
conducted pursuant to national standards by accredited state laboratories. Evidence collected from crime scenes throughout the
County is brought to the Westchester County Lab (Lab) for testing and in the event a DNA profile is developed, the Lab uploads
the DNA profile to CODIS. When a match or “hit” is made, the Lab notifies the Office’s CODIS administrator as well as the police
agency who submitted the evidence tested. The case is assigned to a trial assistant to coordinate with local police for prosecution.
The Westchester Intelligence Center in 2008 assisted local police departments in finding the location of the suspects identified by
CODIS, by accessing the vast array of data available at the Center to prepare an enhanced intelligence work-up on the subject of
the CODIS match. In 2008, our Office received Lab notification of 98 CODIS hits. This is more than a 100% increase over the 45
CODIS hits received in 2007 and a 450 % increase over the 22 hits in 2006.
People v Michael Jones
On February 1, 2008, the Mount Vernon police responded to a burglary at a home on South 7th Avenue and discovered a broken bathroom window covered with blood. The police secured forensic evidence from the scene including
the blood. On February 6, the Mount Vernon police responded to another burglary at a South 10th Avenue home.
The police secured forensic evidence from the scene including a can of soda the burglar drank from. On February
21, the defendant forced his way into a home on South 4th Avenue through a ground floor window. The victim of the
burglary heard the sound of breaking glass and found his kitchen door wide open. The Mount Vernon police responded to the scene and secured a coat, a pair of gloves and a crack pipe from the crime scene. On February 27, a
burglary scene on Monroe Street was secured and the Mount Vernon police collected a cigarette butt left by the burglar at that location. On March 3, 2008, the Mount Vernon police responded to the burglary of a Union Avenue home
and secured blood from a broken rear kitchen window.
The Westchester County Lab developed the same DNA profile from the evidence collected by the police from each of
the five burglary scenes and uploaded the DNA profile into CODIS. The defendant’s DNA was a match. The defendant pled guilty to all five home burglaries in 2008 and in 2009 is due to be sentenced to 15 years in state prison.
7
T
he increase in the number of CODIS hits in 2008 is directly attributable to legislation which requires all defendants convicted
of Penal Law felonies and certain enumerated misdemeanors to provide a DNA sample after conviction. In response to the
absence of statutory guidelines for the collection of DNA samples, our Office took the initiative to develop a preemptive
strategy to ensure that every defendant who is convicted of a designated crime has his or her DNA captured for collection. Accordingly, in what is now a model for the State, our Office, working in collaboration with the Department of Probation and the
County Department of Correction, developed an innovative system for the local collection of DNA for inclusion in the national and
state databanks. Our goal is to ensure that all defendants convicted of statutorily designated crimes - even those defendants who
do not receive a sentence of probation or incarceration - submit a DNA sample. In accordance with our model, the 42 local courts
of the County, working in conjunction with the 43 local police departments, maintain a countywide DNA local court collection system, under which the local court judge will mandate – and the local police agency will collect – a DNA sample from all designated
defendants immediately upon local court sentencing.
As a result of these collaborative efforts, for each month of 2008, our Office proudly held the distinction of having the highest and
most successful DNA collection rate from among all the District Attorney’s Offices in the state that participate in “Operation Impact”, a DCJS sponsored, multi-agency initiative to reduce violent crime. In 2008, DNA samples were collected from over 2200
defendants convicted in Westchester local courts, all of which have now been added to the CODIS databank.
People v Jose Vargas
On July 26, 2006, Jose Vargas was driving his 2006 Mitsubishi Lancer eastbound along the Cross County Parkway
with his four friends as passengers. Vargas was driving at a speed estimated up to 110 mph when he lost control of
his car and sideswiped the embankment on the right hand side of
the Cross County Parkway. He then struck a tree and a utility pole
and his car finally came to a rest on the shoulder of the parkway.
The front seat passenger, Kevin Rodriguez, and right rear passenger, Kemroy Isaacs, were both killed. The Westchester County Police, the homicide Assistant District Attorney and the Lab began an
extensive investigation into the homicides. As a result, the defendant was identified as the driver of the vehicle by witness testimony
as corroborated by Vargas’ DNA in blood found on the driver’s side
airbag and fibers from Vargas’ shirt found on the seatbelt used by
the driver. Vargas was indicted for two counts of criminally negligent homicide and related vehicle and traffic violations and pled guilty as charged. In October 2008 Vargas was sentenced to 1 to 3 years in state prison.
People v Francis Cowan
During the July
weekend of 2006, the Van Zandt family went on vacation to the Carolinas. While they were away,
their home in Yonkers was burglarized and vandalized. The Yonkers police found a piece of a latex glove at the crime
scene and a threatening message written on the interior wall of the home. The glove was sent to the Lab for DNA
processing and a DNA profile was developed. Earlier that year Francis Cowan, an employee and friend of the victims,
had been caught stealing from the victims’ business and was fired. In January 2007, Cowan was arrested upstate in
Delaware County, New York. In Cowan’s possession were 6 piles of U.S. currency, bundled according to denomination and labeled with the amount contained in each bundle. Mr. Van Zandt’s handwriting was on the bills, confirming
the money was the same money stolen from the victims in the 2006 burglary. DNA testing by the lab established that
DNA found on the rubber bands from the bundles was consistent with Mr. Van Zandt’s DNA. The piece of latex glove
recovered in the burglarized house was a DNA match to Cowan. Francis Cowan was convicted of burglary in the second degree after a jury trial in December of 2008 and sentenced to 7 ½ years in state prison.
4th
8
HOMICIDE
All homicide cases are vertically prosecuted by veteran
trial assistants who are available 24 hours a day on a rotating schedule to respond to fatality scenes throughout the
County and to provide legal advice to the police from the
start of the investigation. The determination of the cause
of death for a suspicious fatality requires a complete death
scene investigation with attendant forensic analyses of the
evidence, an accident reconstruction for vehicular deaths,
the medical examiner’s autopsy, and a thorough police
investigation, including witness interviews. As the investigation proceeds, the case is regularly reviewed by the Office’s top trial lawyers. Before any homicide case is presented to a grand jury, a presentation of all the legally admissible evidence must first be made to the Homicide Review Committee at which the District Attorney presides.
HOMICIDES IN 2008
12
29
Homicides
Vehicular Homicides
I
n 2008, the homicide Assistant District Attorneys
opened 115 fatality reports and joined the police
and the medical examiner in determining the
NSTRUMENTALITIES OF
cause and circumstances of death in each case.
OMICIDES N
Four of the cases were “cold cases” wherein the
homicides occurred more than 17 years ago. There
were 41 homicides in 2008; 29 were initially classi6
fied as murders and/or manslaughters and 12 were
6
17
vehicular homicides. The Office filed charges in 22
homicide cases against 28 defendants as a result of
these investigations. One case was a murder12
suicide and two cases were determined by a grand
jury to be CPL Article 35 matters. The manner of
death in the 41 homicides in 2008 was: 17 by gunshot; 12 by vehicles; 6 by blunt force trauma or
Guns
Vehicles
Blunt Force
Knives
strangulation; and 6 by knife wound. Twelve of the
17 gunshot victims or 70% were only 25 years old or younger. An equally disturbing statistic is the fact that more than half or 58%
of the 12 vehicular homicides involved pedestrian victims.
SUSPICIOUS DEATHS IN 2008
I
H
T
I 2008
he remaining 70 fatalities, upon investigation revealed the following: 18 were
accidental vehicular deaths; 11 were
non-homicide infant fatalities; 20 were accidental nonvehicular deaths which included 10
overdoses, 4 fire deaths, 4 falls, 1 drowning
and 1 train death; 13 were ruled suicides; and
3 were ruled natural deaths. There were 5
deaths where the circumstances of the death
could not be fully determined.
Homicides
13
Vehicular Homicides
29
11
Vehicular Deaths Non-Homicides
12
23
18
Accidental or Natural Causes
Infant Fatalities Non-Homicide
Suicides
9
People v Carlos Perez-Olivo
The facts surrounding the November 2006 execution style murder of Peggy Perez-Olivo crystallized as the Homicide
Bureau teamed up with the New Castle police, the New York State police, the Lab and the WCPD Ballistics Unit in a
painstaking and methodical homicide investigation into a case that
garnered national media attention. The investigation victim’s husband, Carlos Perez-Olivo, a disbarred criminal defense attorney, motivated by greed, shot his wife once in the head as the couple returned
to Westchester after spending an evening together in New York City.
The victim was killed by a single shot fired at close range to the back
of her head while she was seated in the front passenger seat of the
family car. To cover up his murder, the defendant inflicted a superficial wound to the side of his abdomen, threw the murder weapon in a
nearby lake, dialed 911 and immediately began telling a web of lies to
medical personnel and investigators to cover up his cold blooded act.
NYSP DIVER SEARCHING FOR MURDER WEAPON
Perez-Olivo’s story of a thwarted carjacking crumbled under the scrutiny of tenacious police work that led to recovery of the murder weapon in the lake and a witness who unequivocally
tied the gun to the defendant. The forensic analysis of the crime scene including defendant’s blood stains found on
the slab of the highway cut out by the New Castle police, soundly disproved defendant’s incredible account of his
wife’s death. The defendant was convicted on all counts charged in the indictment after a jury trial and in December
2008, Perez-Olivo was sentenced to the maximum of 25 years to life in state prison for murder in the second degree.
People v Nyanda Charley
On Halloween night in 2007, at the Oakwood Gardens Apartments on East Lincoln Avenue in Mount
Vernon, Neville Webb, the security guard at the
apartment complex, was patrolling the entrance of
the residence. As Mr. Webb’s attention was diverted to a group of young men, the defendant,
Nyanda Charley, ran up from behind him and shot
the victim in the head, killing him.
Mount Vernon police responded immediately and,
along with a homicide Assistant District Attorney,
investigated this intentional murder. A video surveillance camera from the apartment building captured the chilling execution of Mr. Webb on video.
Through hard work and tenacity, the police were
able to overcome the reluctance of the witnesses to
cooperate. In November 2007 as an outgrowth of
their work, Jason Jennings was arrested and indicted for intimidating a witness to the murder and
Nyanda Charley was identified as the gunman, arrested and indicted for the murder of Mr. Webb.
In July 2008, Jennings pled guilty as charged to
intimidating a witness and was sentenced to 2
years in state prison. In September 2008, Nyanda
Charley pled guilty as charged to murder in the
second degree and was sentenced to 18 years to
life in state prison.
People v Carmella Magnetti
Patricia Mery was brutally murdered in her home in the
Village of Ossining. Her body was discovered on
Mother’s Day, 2006. Ms. Mery’s daughter Anne Trovato
was indicted, tried, convicted and sentenced for the stabbing and beating death of her mother in 2007. Through a
joint investigation conducted by the Ossining Village police , the homicide Assistant District Attorney and DAO
Investigators it was revealed that Trovato was assisted in
carrying out this horrific crime by her friend, Carmella
Magnetti. Magnetti drove Trovato to and from the crime
scene, and tried in every way to derail the homicide investigation. Magnetti’s motive was fueled by her desire to
help Trovato who was locked in a contentious family court
visitation battle with her mother over Trovato’s three year
old daughter. Magnetti concocted and offered a false alibi
for Trovato to the investigators. The alibi was disproved
by video surveillance evidence and sophisticated cell site
technology establishing the locations of Trovato and Magnetti relevant to the crime. Magnetti also destroyed
bloody clothing evidence to help her friend avoid prosecution. However, Ossining police were able to recover
and preserve mitochondrial DNA which, with the help of
the FBI, placed Trovato at the crime scene. Magnetti was
convicted after a jury trial of hindering prosecution and
tampering with evidence. And in December 2008 Magnetti
was sentenced to 2 1/3 - 7 years in state prison, the maximum sentence allowed for these crimes.
10
People v John Janusik
On January 14, 2008, Harminder Singh was found dead along the side of Route 9A, just steps from his home in Greenburgh. Greenburgh police, with the assistance of the homicide Assistant District Attorney immediately commenced
an investigation into this hit and run. The following morning, Elmsford police officers responded to a 911 call from a
resident who reported that his parked car had been bumped by an SUV. The responding officers noticed what appeared to be blood on the hood of the damaged SUV and reported this to the Greenburgh police. Greenburgh police
responded and determined that the debris that had been recovered from the accident scene on Route 9A appeared to
match the damaged SUV. During questioning, the SUV’s owner, John Janusik, told Greenburgh detectives that while
he was driving, the cast he was wearing on his right leg became lodged under the gas pedal and he drifted onto the
shoulder of Route 9A. The defendant admitted that he saw Mr. Singh on
the shoulder and knew he struck the victim, but indicated that he was
scared and went home without stopping or calling the police to report
the incident. Janusik's SUV and the debris from the accident scene
were subsequently tested by the Westchester County Lab where it was
determined that one of the pieces of the SUV debris had the victim's
blood on it. On September 26, 2008, the defendant pled guilty as
charged in the indictment to leaving the scene of an accident and criminally negligent homicide. In December 2008, the court sentenced the
defendant to 60 days in jail and 5 years of probation.
People v Dwayne Fields
On June 23, 2006, Jonathan Hernandez and Kirk Langhorn
went to the Schlobaum Housing Project in Yonkers to collect
money that was owed to Langhorn. The request for money
turned violent when defendant Dwayne Fields pulled out a
pistol and shot and killed Jonathan Hernandez. Fields then
turned and shot Kirk Langhorn in the back, seriously wounding him.
Yonkers police responded to the crime scene and interviewed numerous residents of the Schlobaum community
who, due to fear of the defendant and members of his drug
gang, proved very reluctant to provide information. The surviving victim, Kirk Langhorn, was in a coma and remained
close to death for many months and was unable to assist the
detectives in their investigation. The Yonkers detectives,
working with the homicide Assistant District Attorney, persisted in their investigation, successfully developing leads
and evidence identifying Dwayne Fields as the shooter.
By October 2007, sufficient evidence was developed to place
Dwayne Fields in a line-up. He was identified by the victim
Langhorn and a courageous female resident from Schlobaum who witnessed the entire event. At trial, these witnesses came forward and identified Fields as the shooter,
despite repeated efforts from members of Fields’ drug gang
to tamper with and intimidate the witnesses. At a jury trial,
the defendant was found guilty of murder in the second degree and attempted murder in the second degree as
charged. In October 2008 the defendant was sentenced to
consecutive terms of incarceration, receiving 40 years to life
in state prison.
11
People v Robert Lewis & Enric Devers
On April 24, 2007, Reginald Rogers was shot multiple
times as he walked with his girlfriend on Union Ave
in Mount Vernon. Mount Vernon police assisted by
the homicide Assistant District Attorney conducted a
thorough investigation, which included witness interviews and the collection of ballistic evidence from
the crime scene. Robert Lewis and Enric Devers
were identified as the shooters. A search warrant
authorizing the search of Devers’ home resulted in
the recovery of one gun from inside the oven which
was subsequently determined by the WCPD Ballistics Unit to be one of the two guns used in Mr.
Rogers’ murder. Lewis was arrested and was found
in possession of the other gun as determined by the
WCPD Ballistics Unit. A search warrant for Devers’
MySpace account produced photographs of
the two defendants
wearing gang colors
and flashing gang
signs. This evidence
corroborated the theory that the motive for the murder was to elevate
Devers’ rank within the Bloods. For this brutal murder, in June 2008, Lewis pled guilty as charged to
murder in the second degree and was sentenced to
18 years to life in state prison. In July 2008 Devers,
who was convicted at a jury trial, was sentenced to
25 years to life in state prison.
People v Samuel Saunders and Juan Bernardez
On January 3, 2007, a Bronx pediatrician, Dr. Leandro Lozada, was brutally murdered inside his Yonkers home. On the
day of the murder Samuel Saunders picked up his codefendant, Juan Bernardez, and drove to the victim’s home where
they tied the pediatrician to a chair with duct tape, forced him to call his bank and transfer
$50,000 to his checking account. The defendants then forced the victim to write a check to
Saunders for $57,000. The defendants then placed a pillow case over the Dr. Lozada’s head
and shot him twice in the head as he begged for his life. Saunders was the previous owner
of Dr. Lozada’s home and the man from whom Dr. Lozada had purchased his home just 6
months before the defendants killed him.
The Yonkers police assisted by the homicide Assistant District Attorney conducted an exhaustive investigation into this brutal home invasion murder. Evidence from the murder
scene was recovered in a dumpster outside Saunders’ Bronx home. The evidence included
duct tape, pillow cases and towels covered in the victim’s blood.
The defendants were tried before two separate juries in 2008 and both were convicted of
murder and kidnapping. Saunders was sentenced in March 2008 to 25 years to life in state prison and Bernardez was
sentenced in November 2008 to the equivalent of 40 years to life in state prison.
People v Carlos Jean-Baptiste, Lloyd Braham, Warren Davis and Andrew Crewe
On June 29, 2007 Mount Vernon police responded to West 4th Street to find Neville Brett lying dead on the floor of his
own home, having been shot once. Mr. Brett and others who lived in the house were targeted by thieves because they
believed that the deceased’s brother sold marihuana from that location. Pursuant to their pre-arranged plan, the defendants were driven to the victim’s home by Andrew Crewe who also acted as the getaway driver. While Braham and
Davis aided and abetted, Jean-Baptiste and another male robbed the deceased, his brother and two other men in the
small apartment. After the victims were placed face down on the floor, Jean-Baptiste placed his loaded pistol to
Neville’s back and shot him through the back. The defendants then ran back to Crewe’s car where he was waiting to
drive them all from the murder/robbery. The Mount Vernon police later recovered the bullet from beneath the floor of
the room. Mount Vernon police assisted by the homicide Assistant District Attorney, conducted a thorough investigation and were able to arrest all four defendants, who were subsequently indicted for this brutal robbery-murder. Between April and June of 2008, Davis, Braham and Crewe were each tried before three separate juries. Davis was convicted of murder in the second degree and related crimes and sentenced to 19 years to life in state prison. Braham was
convicted of criminal possession of a weapon in the second degree and sentenced to 12 years in state prison. Crewe
was convicted of robbery in the first degree, burglary in the second degree and criminal possession of a weapon in the
second degree and sentenced to 20 years in state prison. The actual shooter, Carlos Jean-Baptiste, pled guilty to murder in the second degree and was sentenced to 20 years to life in state prison.
People v Mario Girau
On October 19, 2007 Maria Montalvo Girau was found brutally beaten and stabbed to death in her Yonkers home. Her
six year old son was missing. An Amber Alert was immediately issued for the child by the Yonkers police and a homicide investigation commenced. A short while later, the NYPD located the child in the company of his father Mario Girau at a Bronx hospital. Mario Girau, the 68 year old husband of the victim, was at the hospital with his son because he crashed his car. An experienced Yonkers detective noticed
Girau had blood both on his foot as well as his sneaker. With the assistance of the homicide Assistant District Attorney, a search warrant was prepared to authorize the seizure of
the evidence. Through DNA analysis, the blood taken from the defendant’s foot and the
sneaker proved to be the victim’s blood. Although the defendant denied to the detective
that he had killed his wife, he failed to provide any explanation for the victim’s blood on his
foot or the sneaker. Through further investigation by the Yonkers police it was learned the
couples’ six year old child was at home when his father murdered his mother and had very damning evidence against
his father. The forensic evidence meticulously gathered by the Yonkers police as well as the sensitive handling of a
vulnerable child witness by both the police and the prosecutor allowed for a successful prosecution of this sad and
tragic case. In October 2008 Girau pled guilty as charged to murder in the second degree and is expected to be sentenced to life in state prison in 2009.
12
SEX CRIMES BUREAU
In 2008, the Sex Crimes Bureau (SCB) obtained more than 50 felony convictions for sex crimes in a year that saw an increase of
nearly 40% in the number of indictments generated by the Sex Crimes Bureau. Most notable among the SCB’s achievements
during 2008 were two convictions, one obtained at the beginning and one at the end of the year against two sexual predators
who committed two of Westchester’s most frightening sexual assaults in recent history.
On August 26, 2007, at approximately 11 pm., a young woman parked her car in the lot of a convenience mart at a Port Chester
gas station and entered the store to make a quick purchase. Unbeknownst to her, during the two minutes when she was in the
store, a knife wielding stranger entered her car and hid in the rear seat area. The victim got back in her car, unaware that this
predator, Federico Ordaz Ceja was hidden behind her. As the victim drove, Ceja emerged from the back seat, put a knife to the
young woman’s neck and ordered her to drive to a secluded area behind a building on Fox Island Road. There Ceja raped the
woman at knifepoint, before fleeing on foot with her car keys. The woman ran into the street where a Good Samaritan stopped to
help the victim and brought her to police nearby. Port Chester police, working closely with the SCB conducted a thorough investigation and learned that the suspect fled the city the day after the attack. Tracking him before he could exit the country, and working with the United States Marshall’s Fugitive Task Force, Ceja was located several days later in Chicago where he had stopped
to get money from a relative to fund his escape to Mexico. Upon his arrest, Ceja was returned to Westchester and indicted. DNA
evidence confirmed his identity as the rapist. On January 22, 2008, Ceja pled guilty to rape in the first degree and was sentenced
in March 2008 to 25 years in state prison, the maximum sentence.
n February 26, 2008, a 40 year old woman exited the A&P supermarket on Old Albany Post Road in Cortlandt and went
to her car to load her groceries. The woman was unaware that a homeless sexual predator, Richard Brown, was roaming the parking lot where the woman’s car was parked. Brown, already a level 3 sex offender, ambushed the woman at
knifepoint, forced her into the passenger
seat of her car, and drove off with her. InSEX OFFENDER REGISTRATION ACT (SORA)
side the car, Brown placed a knife to the
woman’s throat and blindfolded her. Brown Central to the work of the SCB is its responsibility is to enforce SORA, also
then drove the woman north into Putnam known as Megan’s Law. In 2008, in more than 50 cases, a sex offender reCounty, and pulled the car into a secluded turning to our community was registered as a sex offender and had a heararea deep inside the property known as ing prosecuted by a member of the SCB in Westchester County’s Sex OfGraymoor, the mountaintop headquarters fense Court. In each SORA application, including several offenders conof the Order of the Franciscan Friars. At victed by the federal government, the SCB prosecutors advocated for those
that location, Brown forced the woman to offenders to be classified at the highest risk level possible to ensure the
perform a criminal sex act (oral sex) and maximum amount of community notification allowable by law. In addition,
then fled in her car, abandoning the victim as a result of a recent change in the law that elevated all violations of
in the woods. Working closely with the Megan’s Law to a felony, the SCB oversaw a sharp increase in the number of
arrests for offenders failing to comply with the new registration law. The
SCB, the New York State Police located
SCB conducted vigorous prosecutions of every violation of this new felony
the victim’s car the following day in Beacon
crime. That aggressive approach to enforcement of this law included the
and used a K-9 dog to track the scent from trial of two level 3 sex offenders in 2008 that challenged the law’s application,
the victim’s car. That scent led to a location and were convicted by separate Westchester juries. One of those individuin Beacon, where police located the victim’s als, John Henry Haddock, received a sentence of 2 1/3 to 7 years as a result of
groceries and a witness who provided infor- his failure to comply with Megan’s Law, while the second individual, Marvin
mation that led to Brown’s arrest the follow- Smith is awaiting sentence. Additionally, the SCB worked closely with the
ing day in a Cortlandt apartment, where the New York State Office of Mental Health in their review of eligibility of conBrown was hiding. The knife used in the victed sex offenders for civil confinement. SCB prosecutors provided mateattack, an image of which was tattooed on rials to the state in dozens of cases in accordance with Connie’s Law, the
the defendant’s arm, was found among his Sex Offender Management and Treatment Act, to enable their comprehenpossessions at the time of his arrest. sive review to determine which offenders are deemed unfit to return to the
Brown was a Level 3 sex offender as he community following the completion of their prison sentence.
had previously been convicted of rape in
the first degree in 1982.
O
13
In the prior case he abducted another woman from a store parking lot in Mohegan Lake and took her to a wooded area near
Graymoor where he raped her. Brown served nearly 25 years as a result of that conviction and was only at liberty several
months before the 2008 attack. The new investigation revealed that Brown had once lived on the Graymoor property and had a
familiarity with the desolate nature of that wooded property. On December 1, 2008, as a jury was about to be selected in his
case, Brown pleaded guilty to two counts of predatory sexual assault, class A-II felonies, and received a sentence of 15 years to
life in state prison.
T
he SCB conducts post-conviction review of sexual assault cases where DNA tests were unavailable at the time of the
conviction to identify the assailant. In 2008 , the SCB used current DNA technology to confirm the validity of a conviction
obtained more than a decade ago against one of the most notorious serial sex offenders in Westchester’s history. Over
the span of several months in 1983/1984, Dannie McQueen, a then 17 year old Mount Vernon man, sexually assaulted and
raped a dozen young Westchester women, attacking them at gunpoint in groups of two, and often making one woman watch as
he sexually assaulted the second. Because the attacks preceded the advent of DNA technology, the cases were prosecuted
based in large part on the eyewitness identifications of the victims. However, during 2007-2008, the defendant McQueen professing his innocence, contacted the Office through counsel and requested DNA analysis on known samples maintained in the
case. Working in conjunction with the Westchester County Lab’s DNA section, this office sought the examination of the forensic
samples from the original case which were compared to McQueen’s known DNA which the Sex Crimes Bureau obtained from
McQueen at Greenhaven Correctional Facility. Those tests which established the presence of defendant’s DNA profile completely corroborated the original eyewitness identifications and confirmed that those sexual assaults convictions against this prolific and dangerous predator were entirely just.
Several 2008 cases demonstrate the range of cases prosecuted by the SCB and the success of these aggressive prosecutions.
Marcus Fraser, a resident of the Lincoln Hall group home, pled guilty to criminal sexual act in the first degree and received a
sentence of 10 years in state prison after violently attacking and sexually assaulting a female guidance counselor; Shawn
Rutledge pled guilty to sexual abuse in the second degree and attempted burglary in the second degree for molesting a profoundly disabled female resident of a group home where Rutledge worked as a cook; and Tyrone Haywood, was convicted after
trial of raping two women he had arranged to have sex with but had then violently beaten. Haywood was sentenced to 24 years
in state prison. Shawshona Barracks, his girlfriend, who was also tried, was convicted of tampering with evidence in her attempts to destroy evidence connecting Haywood to the sexual assaults of both women.
VIOLATION OF PROBATION
Violation of Probation
In 2003, defendant Elon Valentine was convicted of
criminal possession of a weapon in the third degree in
Bronx Supreme Court and sentenced to probation. Probation supervision was transferred to Westchester
County and the defendant was subsequently convicted
of violating a federal firearms statute. Upon being sentenced to 27 months in federal prison, the defendant was
produced from federal custody and made to answer for
the resulting Violation of Probation in Westchester
County Supreme Court. At the conclusion of our violation proceeding, defendant Valentine was found to have
violated his probation conditions and resentenced on
his original Bronx conviction to 2 years in state prison.
I
n 2006, the District Attorney returned the prosecution of
probation violators to the District Attorney’s Office. Defendants who are convicted of lower grade felonies and who
are not second felony offenders may be sentenced by the
court to as much as 10 years probation, monitored by the
Westchester County Department of Probation (WCDOP).
When a probationer violates the conditions of probation, the
WCDOP will file a violation petition and this Office will prosecute the offender, seeking incarceration where appropriate. In
2008, 315 new violators were prosecuted by our Office; 217
violators were resentenced to incarceration.
14
BIAS CRIMES
The Bias Crimes Unit of the District Attorney’s Office has several functions. Primarily the unit reviews all incidents of alleged
bias crimes with local police departments in order to determine whether an incident
was criminal and whether it was motivated by bias. These reviews vary from case to
case and may involve crime scene visits, witness interviews, forensic analysis, investigative recommendations and the like. Based upon the results of the information gathered, charging decisions are made and where charges are brought, the case is then
vertically prosecuted by the Bias Crimes Unit. Dispositions in bias crimes are carefully
crafted to address the emotional harm done to the victims and the community while
still holding the perpetrators responsible for their criminal acts. In order to achieve that
goal, the Bias Crimes Unit meets with the victims and concerned members of the community and seeks to achieve a final disposition that may include education, community
service, restitution, probation, incarceration and/or any reasonable alternative that fits
the particular incident. Additionally, the Bias Crimes Unit has an important role in public outreach and education. The Unit has given presentations to veteran’s groups,
synagogues, and schools.
ohegan Lake Jewish Center - The location of this bias incident is a seasonal synagogue that is only open between
Memorial Day and Labor Day. The synagogue was established shortly after WWII by Holocaust survivors who came
up from NYC to spend their summers in bungalows near the temple. On April 10, 2008 members of the congregation
were informed by the Yorktown police that teenagers had trespassed and vandalized the facility. They arrived to find a broken window and the interior in a shambles. The words “PARTY” and “PONG” were painted on the interior walls, two swastikas were drawn in magic marker, a Menorah was broken, prayer shawls thrown to the floor, an Israeli flag was stepped on, a
training Torah was torn in half, chairs were knocked over and framed pictures broken and torn.
The two youths who did the damage were arrested for trespassing having fled the premises when they were confronted by a
man walking his dog. Forensic analysis linked the two girls to the scene by paint found on their sandals, car mats, and the
interior of the temple. One of the girl’s fingerprints were also found on the glass from the frames of several damaged photographs recovered inside. The disposition in this case was the result of a close collaboration between the Bias Crimes Unit
and the Congregation. The disposition balanced the need of the congregants for the perpetrators to truly understand the
emotional magnitude of their criminal acts against the defendant’s youth and ignorance. The Court’s sentence included participation in an Anti-Bias Education Program with the Westchester County Holocaust Commission, restitution, probation, and
community service. This agreed upon disposition addressed the fundamental lack of understanding of the defendants , as
well as the actual damage done within the premise.
M
People v Christopher Hudak and Ryan Martin
Christopher Hudak and Ryan Martin were convicted in 2008 of criminal mischief committed as a hate crime and various other crimes, including arson and aggravated harassment, for the burning of a wooden cross on the front lawn
of an African-American family the night before Thanksgiving 2007.
On November 21, 2007 Hudak and Martin constructed a five foot tall cross out of wood, placed it in Martin’s pick-up
truck and drove to the home of a 15 year-old victim. In retaliation for an altercation in school earlier that day between the victim and Hudak’s younger sister, the two men planted the cross in the lawn, doused it with gasoline,
ignited it and ran. The family was home preparing Thanksgiving dinner when they spotted the cross burning from
their living room window.
The New York State police and the bias unit Assistant District Attorney began the investigation by interviewing the
family members in search of a person with a motive for this hate crime. Thereafter the police obtained a video of
the defendants purchasing the gasoline and were able to forensically tie Hudak to the wood used in the construction of the cross. DNA analysis of the container used to transport the gasoline and abandoned at the scene also
linked the defendants to the crime. Both defendants were indicted for criminal mischief as a hate crime and aggravated harassment in the first degree and related crimes. Both defendants pled guilty as charged and were sentenced by the Court to a split sentence of jail terms and 5 years probation. Martin was also sentenced to participate
in the Westchester County Holocaust Commission’s Anti-Bias Education Program.
15
CAREER CRIMINAL BUREAU
Numerous studies of crime incidents and perpetrators have clearly established that relatively small numbers of individuals commit a disproportionately large percentage of crimes. The Career Criminal Bureau (CCB) targets career criminals as soon after arrest as possible, speeds up the handling of career criminal cases wherever possible by vertical prosecution and
obtains high or maximum state prison sentences for convicted career criminals.
Criteria for case intake by the CCB are based on the nature of the crimes
and the prior record of criminal defendant. Targeted crimes include the two
largest, violent crime categories, robbery and burglary. Other violent
crimes are also targeted such as arson. Targeted as career criminals are
defendants having a criminal history, which includes at least one felony
conviction
CCB staff shepherd difficult cases through the system to ensure the highest
priority is accorded to the cases based upon a defendant’s recidivist status.
As the cases progress, Bureau staff maintains close contact with police and
civilian witnesses to guarantee follow-through to final disposition. Finally,
thorough background investigation prepares the Bureau to urge stiff sentences once we have established the predicate or persistent status of the
defendant. A significant number of career criminals have been sentenced
to life terms as a result of persistent felony offender proceedings instituted
by the Career Criminal Bureau.
People v Jose Ramirez
On August 31, 2007, Jose Ramirez, a career
criminal with three prior violent convictions,
was observed knocking on an apartment
door at 73 Caroline Avenue, Yonkers, by a
resident of another apartment. Ramirez
quickly fled the building only to return
shortly thereafter. Upon his return, the defendant persisted in his plan and broke into
the apartment. A resident of the apartment
was home, saw the defendant and chased
him out of the apartment. The defendant
was arrested moments later in the area of
the apartment building by Yonkers police.
In March 2008, the defendant pled guilty to
attempted burglary in the second degree
and was sentenced in May 2008 as a persistent violent felony offender to a term of imprisonment of 12 years to life in state prison.
People v Robert Reitano
On February 24, 2008, Robert Reitano entered an Exxon Gas Station located on Broad Street in Mount Vernon, displayed a firearm and demanded money from the cashier. The cashier removed a money tray from the cash register
and Reitano grabbed the money and ran. The following evening, February 25, 2008, Reitano went inside of the Lukoil
Gas Station on Nepperhan Avenue in Yonkers. Reitano removed a firearm from his waistband, forced the cashier to
open the register and grabbed money from the register before fleeing on foot. Three days later, on February 28,
2008, a home located on Whittier Drive in Mount Pleasant was burglarized. After the residents discovered that someone had been in their home, they noticed a large
amount of jewelry and cash missing from their bedroom. Yonkers police viewed a surveillance tape of
the Lukoil robbery and on March 1, 2008, based
upon an anonymous tip, responded to the Tuckahoe Motor Inn in Yonkers. A short time after arriving, detectives observed Robert Reitano, who they
recognized from the surveillance tape, exit a vehicle
and subsequently enter Room 208. A short time
later when Reitano exited Room 208 he was arrested. A search warrant was obtained for Room
208 and Yonkers police recovered over 100 pieces
of jewelry belonging to the victims of the Mount
Pleasant burglary. After being advised of his Miranda rights, Reitano confessed to all three crimes and told police
where they could find the firearm used in his crimes. The following day, police recovered a loaded 9mm semiautomatic weapon from a van in the driveway of 77 Halley Street in Yonkers. On the eve of trial Robert Reitano pled
guilty to two counts of robbery in the first degree and burglary in the second degree. In March 2009, Reitano was
sentenced as a persistent violent felony offender to 20 years to life in state prison.
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FIREARMS AND GANG VIOLENCE
In 2006, the District Attorney took decisive action to combat the troubling increase of gun violence in Westchester County by creating the Gang Violence and Firearms Bureau, tasking it with investigating gun and/or gang related crimes, as well as gun trafficking
in Westchester County. The pairing of gang and gun investigations in one Bureau has proven highly effective since many gangrelated crimes are committed with firearms.
irearms Offenses - Key to the success of the Bureau’s operations is the District Attorney’s commitment to crossjurisdictional communication and cooperation in our efforts
People v Michael Auresto
to abate gun and street violence in the County. To this end,
the Bureau maintains daily contact with local, state and federal law On February 11, 2008, Michael Auresto was arrested
enforcement agencies, continually gathering and disseminating after the Eastchester and the Yonkers Police Departinformation relating to gun possession and violence in the County. ments working together, executed a search warrant
The Bureau works closely with the Federal Bureau of Alcohol, To- and found a cache of weapons at Auresto’s Abner
bacco and Firearms (BATF) to identify and track the origin and Place home in Yonkers. Amongst the items recovsources of illegal handguns in Westchester County. The Bureau ered were a .40 caliber pistol, a Remington shotgun
also works with BATF, as well as the Westchester County Depart- and a Colt 223 rifle. Yonkers police officers were able
ment of Public Safety and local police departments, to solve seem- to convince the defendant to turn over additional
ingly unrelated gun crimes by linking shell casings recovered at weapons the defendant had hidden in a rented garage
and a basement of a Laundromat in Yonkers including
crime scenes to casings recovered at other crime scenes and/or
four handguns, two Uzi rifles, two 223 rifles, one
with subsequently recovered guns.
Bushmaster rifle, one CM 11 rifle along with silencers.
n 2008, using enhanced gun possession laws (enacted Novem- On November 18, 2008, the defendant pled guilty to
ber 1, 2006) to present firearms related cases to the Grand felony weapons possession charges and is expected
Jury, the District Attorney’s Office obtained indictments against to be sentenced to incarceration by the Court when
44 individuals for felony gun related charges, as compare to 31 in sentenced in 2009.
2007, a 34% increase. In addition, 41 of those individuals were
convicted of felony gun and gun related crimes, with 87% of those who were convicted
INDICTMENTS OBTAINED
sentenced to state prison.
FOR GUN POSSESSION
ecrease in number of guns and gun offenders: In 2008, we experienced an approximate 15% drop in the number of gun offenders in Westchester County. In
2008, 182 defendants were successfully apprehended and prosecuted for firearms related offenses, down from 213 in 2007.
While working closely with local police, we have been able to increase pressure on gun
offenders. Our vigilance and our continued educational efforts have resulted in the re44
duction of the number of firearms in circulation in Westchester County. Since 2006, the
31
year of the new gun legislation, the number of
PROSECUTIONS FOR GANG
guns recovered in Westchester County has
RELATED CHARGES
dropped from 339 (2006) to 250 (2008), an impressive reduction of 26% fewer guns on the
2008
2007
streets in the last two years (source: the Westchester County Department of Public Safety Ballistics Unit). We attribute this decline in gun
violence to increased prosecution and law enforcement efforts, combined with the District
178
Attorney’s intensive efforts to heighten the public’s awareness of the increased severity of
the penalties associated with handgun possession outside of the home or place of business.
F
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ang Related Offenses - In 2008, the Office prosecuted approximately 178 individuals for gang related offenses, up from 150 in 2007. Our increased efficiency in identifying and pursuing gang members is a function of the enhanced intelligence gath2008
2007
ering and sharing capabilities between our Office and local police departments made possible by the new Westchester County Intelligence Center, as well as weekly meetings of Field Intelligence Officers (FIO) conducted
through the “Operation IMPACT” program.
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T
L OCAL CRIMINAL COURTS
he Local Criminal Court Division was established in 1969 by then District Attorney Carl A. Vergari to foster a closer relationship with the local police departments and community and to better situate the District Attorney’s Office to prosecute crimes
in our communities. In keeping with Mr. Vergari’s vision, this Office has, for four decades, maintained a network of eight
satellite offices across the County. Our prosecution of local criminal court matters in the city, town and village courts of the County
increased in 2008 as 39,484 criminal cases were prosecuted in the local courts, up from approximately 38,000 in 2007. Assistants
assigned to these offices also provide on-location legal training for local police, are familiar with troubled areas in each locality and
are readily available for consultation with community residents.
There are currently 29 Assistant District Attorneys assigned to the criminal courts division. Each branch office is staffed by no
fewer than three assistants, with the Yonkers office having seven (including one domestic violence assistant), the Mount Vernon
office having four (including one domestic violence assistant) and the Northern Westchester office having four.
Each branch is responsible for prosecuting all criminal actions occurring within their jurisdiction. While the Yonkers office, located
at the Cacace Justice Center, South Broadway, is responsible for covering only Yonkers, the seven other branches are responsible for covering a number of municipalities throughout the County, as follows:
• The Northern Westchester Branch, located on
Moore Avenue, Mount Kisco, covers Bedford,
New Castle, Pleasantville, Briarcliff, Lewisboro,
Somers, Pound Ridge, Ossining Village, Ossining Town, Mount Kisco, Mount Pleasant and
North Salem.
• The Greenburgh Branch, located in the Greenburgh Court Complex, covers Greenburgh,
Ardsley, Dobbs Ferry, Elmsford, Hastings, Irvington, Sleepy Hollow and Tarrytown.
• The Mount Vernon Branch, located in the Mount
Vernon Court Building covers Mount Vernon,
Pelham, Pelham Manor and Bronxville.
• The New Rochelle Branch, located in the New
THE WHITE PLAINS BRANCH, LOCATED IN THE WHITE PLAINS CITY COURT
Rochelle City Court Building covers New RoBUILDING COVERS WHITE PLAINS, TUCKAHOE AND NORTH CASTLE.
chelle, Town of Mamaroneck and EastchesPHOTO COURTESY: WHITE PLAINS POLICE DEPARTMENT, POLICE OFFICER ROTHMAN
ter.
• The Rye Branch, located on Westchester Avenue, Rye Brook, covers Port Chester, Rye Town, Rye City, Harrison,
Village of Mamaroneck, Larchmont and Scarsdale.
• The Yorktown Branch, located on Commerce Street, Yorktown Heights, covers Yorktown, Peekskill, Croton, Buchanan
and Cortlandt.
Felony cases originating in the local court are reviewed and prosecuted by Assistant District Attorneys from the different specialized bureaus throughout the office, including the Grand Jury Bureau. The grand jury bureau is responsible for the investigation,
preparation and presentation to a grand jury of those felony cases not vertically prosecuted by other bureaus and accounts for
40% of the indictments filed in 2008.
ictims’ Justice Center Unit - A multilingual center dedicated to victim advocacy, the unit provides a wide range of services
to help victims and their families cope with the emotional, physical and financial impact of crime. Throughout 2008, the unit
continued to assist victims and their families as they navigated their way through the daunting criminal justice system. Services rendered include assistance in obtaining financial reimbursement for funeral expenses, medical and psychological expenses
and loss of essential personal property, the accompaniment to court appearances, the placement in shelters, interpreter services
and counseling and therapy. The unit offers assistance with victim impact statements and information regarding the New York
State VINE Program (Victim Information and Notification Everyday), which enables victims to track a state prisoner’s status and
release date. The Victim Justice Center Unit, in 2008, saw a two-fold increase in the number of individuals seeking services. The
Unit provided services to more than 11,000 victims, up from 5,680 in 2007.
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ADD Victim Impact Program - In 2008, the Office handled
over 3000 DWI cases. Our continued partnerships with
Mothers Again Drunk Driving (MADD), Probation and the
Westchester County Community Mental Health Department are critical to our efforts to secure just, appropriately punitive, but ultimately
constructive dispositions in these cases.
Through a combination of lectures, video presentations and personal
testimony, the MADD Victim Impact Program continued to play an
integral role in educating offenders of the tragic and heartbreakingly
real dangers of drunk driving. During 2008, our Office mandated the
participation of 3,177 defendants charged with driving while intoxicated and related offenses in the MADD program, a 23% increase
over the number of mandated participants in 2007.
est to Eliminate Sexual Transmission Program - In October 2006, the District Attorney's Office joined a multi-disciplinary
collaboration under the leadership of the Westchester County Department of Health (WCDOH) and launched the Test to
Eliminate Sexual Transmission (TEST) program. The goal of TEST is to enable WCDOH to extend, through law enforcement partners and the Court, the availability of rapid HIV testing to individuals who are generally thought to be outside the usual
reach of WCDOH. Adults who have been charged in local court for crimes involving consensual behaviors that are at high risk for
the transmission of HIV are offered the opportunity to request reduced court sentencing in exchange for obtaining a voluntary, confidential rapid HIV test at a WCDOH clinic. The rapid HIV testing method produces results within minutes and, when necessary,
allows for appropriate counseling to be given almost immediately. At each stage, acceptance and continued participation in the
TEST program is voluntary and with the advice of counsel, and test results remain confidential. The TEST program has been implemented in all of our eight local court branches. In 2008, over 75 individuals were referred by the local courts for HIV testing
under the TEST program, which remains on par with 2007 figures.
In the short time since its inception, the TEST program has quickly established itself as an effective cooperative public health intervention. In 2008, the success of the TEST Program was the subject of an article by Patsy Yang, DrPH, First Deputy Commission
of WCDOH, entitled “TEST: A Public Health and Law Enforcement Collaboration to Increase HIV/AIDS Prevention in Westchester County, New York.” which was published in the Journal of Public Health Management and Practice 2009, 15(2), 118-122.
ail Jumping - Bail jumping charges are filed against a defendant when, having been released on bail or on his or her own
recognizance, he or she fails to appear in court as directed. Bail jumping charges range from a class A misdemeanor to a
class D felony, depending on the seriousness of the underlying offense, and can subject the defendant to up to seven
years in prison (in addition to the sentence imposed on the defendant for his or her underlying crime).
The reality is that the longer a defendant remains a fugitive the more difficult it is to prove the underlying charges. As time goes by,
witnesses may become unavailable, uncooperative, or simply forgetful. In our ongoing efforts to thwart such miscarriages of justice, the Office continued its aggressive pursuit and prosecution of bail jumpers by filing more than 500 bail jumping charges in
2008. In addition to bringing these defendants to justice, our goal is to send an unmistakable message that such blatant disregard
for the judicial process will be vigorously prosecuted.
ental Health Court - In 2008, the District Attorney’s Office continued to work closely with our partners in the County Departments of Probation, DSS and Community Mental Health to ensure the ongoing success of the Westchester County
Mental Health Court. In what is now widely regarded as the model for success, the Mental Health Court was developed
with the idea that we are best able to address the unique problems posed by defendants suffering from mental illness such as, the
absence of treatment and high incidents of recidivism, by working with our partners to identify appropriate candidates, facilitate the
creation and implementation of individualized treatment plans, and monitor compliance with those plans. Appropriate candidates
for the Mental Health Court are screened by our Office and include only those defendants who have been accused of non-violent
felonies.
In May 2008, at a ceremony held by the National Alliance on Mental Health to honor the Westchester County Mental Health Court,
special recognition was given to District Attorney Janet DiFiore, whose support and participation was acknowledged as essential to
the success of the Mental Health Court.
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NARCOTICS ENFORCEMENT
The harsh reality of the illegal drug trade in Westchester County is that it is violent and poses a real threat to our community. The
District Attorney’s Office is committed to using available resources to combat illegal drug activity and protect the residents of Westchester County. To that end, in 2008, the Narcotics Bureau of the Westchester County District Attorney's Office continued to aggressively investigate and prosecute violent drug dealers, specifically, those who possess firearms or maintain ties to violent gangs.
To avoid the wasteful duplication of investigative resources, the Bureau continued the proven practice of inter-agency cooperation
with state, federal and local law enforcement agencies. In 2008, as a result of inter-municipal law enforcement initiatives, there
were more than 400 drug related felony convictions. In addition, through the Bureau’s Asset Forfeiture Unit, approximately
$400,000 in drug money was forfeited to the government and can now be used to further future investigations.
Working together in 2008, the Bureau and local police agencies struck a successful blow to drug trafficking in residential areas.
Illustrative of the success are two cases in which two major marijuana grow houses were shut down. On September 11, 2008, 100
pounds of marijuana was seized by our Office and the Mount Vernon Police Department when police executed a search warrant at
529 South 11th Avenue, Mount Vernon. The search uncovered a sophisticated “hydroponic irrigation and cultivation grow
lab” (used to cultivate and grow marijuana) that had been set up in the apartment. The person occupying the apartment was arrested and charged with criminal possession of marijuana in the first dePeople v Vernon Mingo
gree. The next month, October 2008, On March 7, 2008, members of the Yonkers police, acting on a citizen's comon a tip received from the New Jersey plaint, set up surveillance and observed Vernon Mingo, a violent drug dealer and
State Police, our Office and the gang member of the notorious Elm Street Bloods, packaging cocaine for distribuYonkers Police Department executed tion in the stairwell of a residential apartment building. After leading police on a
two search warrants in two adjacent foot chase through the apartment building, the defendant was apprehended and
apartments located at 1 Caryl Avenue, the narcotics were successfully recovered. Upon being led out of the building in
Yonkers, where a heroin mill and a handcuffs, the defendant broke free from custody and escaped momentarily. A
hydroponic marihuana lab were being second chase ensued and the defendant was successfully apprehended. Thereoperated. Numerous marihuana plants after, the defendant was indicted and tried before a jury in Westchester County
and four ounces of heroin were seized Court. In November 2008, a jury convicted the defendant, as charged, of criminal
and the occupants of the apartments possession of a controlled substance in the third degree and escape in the first
were arrested and charged with crimi- degree. The defendant was sentenced to 13 years in state prison.
nal possession of a controlled substance in the second degree.
oad to Recovery Drug Treatment Program - District Attorney DiFiore’s commitment to alternatives to incarceration for
addicted non-violent felony drug offenders is reflected in the office’s Road to Recovery Drug Treatment Program (“RtR”).
Since 2004, the RtR has provided long-term drug treatment to defendants charged with felony crimes that are driven largely
by their drug addictions. After pleading guilty to a felony, the defendant is placed in an in-patient drug treatment program for 9-15
months, after which he/she lives in a half-way house for 3- 6 months, followed by out-patient drug treatment for up to 6 months.
Upon successful completion of the program, the defendant replaces his/her felony plea with a misdemeanor plea and is sentenced
to 3 years probation.
Since the inception of the RtR program, Westchester County has the highest completion rate of the 16 counties participating in the
program statewide. As of December 31, 2008, 98 individuals have been accepted into the RtR program, of which 43 are currently
in the program. Forty of the 55 former participants successfully completed the program. This translates to a 73% successful completion rate, well above the statewide completion rate of approximately 50%. While the recidivism rate among those who have successfully completed the program is approximately 30%, only 7% result in felony re-arrests.
The successful implementation of the program is due to the combined efforts of a consortium of representatives from the District
Attorney’s Office, Treatment Alternatives to Street Crime (TASC), the Administrative Justice of the Criminal Courts, the Legal Aid
Society, Department of Social Services, Probation, VESID, numerous treatment providers and members of the Westchester
County defense bar. In 2008, members of the consortium met several times to discuss 1) the difficulty of participants in finding jobs
in the present economy; 2) the potential impact of new drug laws in finding participants; 3) coordinating efforts among the consortium to address problems raised by participants; and 4) the possible loss of state funding despite the success of the program.
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At the local criminal court level, the office fully participates in specialized Drug Court parts in the City Courts of Yonkers, New
Rochelle, Mt. Vernon, White Plains and Peekskill and in the Town Court of Greenburgh. These courts require the voluntary
participation of the non-violent addicted offenders who are charged with misdemeanors. Although these courts stress rehabilitation and treatment of the underlying drug addition, they are dependent on a defendant’s decision, as counseled by his/
her attorney, to affirmatively seek the treatments offered in the alternative to other sentences available in the criminal court.
In 2008, over 150 defendants participated in these drug courts.
People v George Bradshaw
In May 2008, defendant George Bradshaw pled
guilty, as charged, to the crime of criminal sale of a
controlled substance in the third degree and criminal possession of a controlled substance in the
fourth degree. On January 15, 2009, he was sentenced to 1 year in prison for each crime. Bradshaw
was an employee at the residential treatment center
Leake and Watts School in Yonkers and served as
the liaison between the students and both the
Yonkers City Court and the Westchester County
Family Court. Leake and Watts is a residential facility that provides services to troubled teens. On July
10, 2007, police observed Bradshaw selling cocaine
to another individual. After the sale, police seized
$939 from Bradshaw and executed a search warrant
for his residence at the Leake and Watts School. In
Bradshaw’s residence, police discovered over eight
grams of cocaine, $124 and drug paraphernalia that
included strainers and a scale. As a result of this
prosecution, Our Office collaborated with the NYS
Attorney General’s Office and the NYS Department
of Education to assist the Yonkers Police Department in its efforts to make Leake & Watts authorities
more accountable for the criminal activity occurring
on their grounds. In short, these corroborative efforts have led to a dramatic decrease in crime at the
facility.
People v Peter Byrne
In a case that attracted national attention, the
Yonkers Police Department and the District Attorney’s Narcotics Bureau worked jointly to break up
and prosecute the owner of a major east coast
training center for pit-bull fighting. Yonkers police
executed search warrants on the home of Peter
Byrne who owned and operated a training center
for pit-bull fighting in the basement of his home.
Police seized six ounces of cocaine and $15,980
inside Byrne's home and car. Fifteen pit bulls were
rescued and substantial evidence of animal cruelty
and animal fighting was also seized during the
raid. Byrne was indicted on 41 counts, including
criminal possession of a controlled substance in
the third degree and numerous counts of animal
fighting and animal cruelty. In October 2008,
Byrne pled guilty, as charged, to possession of the
narcotics as well as the animal cruelty counts. On
January 15, 2009, Byrne was sentenced to 5 years
in state prison. His codefendant, Anthony Gonzalez, pled guilty in October 2008 to criminal possession of a controlled substance in the fourth
degree and was sentenced in December 2008 to 2½
years in state prison.
People v Clyde Vaughn
In July, 2008, investigators from the District Attorney’s Office and members of the Peekskill Police Department
executed three search warrants. Clyde Vaughn was arrested after police found 311 grams of powder cocaine,
270 grams of crack cocaine and $6,450 in his business’ dump truck. While incarcerated, Vaughn was denied bail
after a bail source hearing revealed that the money used to post his bail was his own drug proceeds. Shortly
thereafter, Vaughn was caught conspiring with several individuals to post legitimate money for his bail bond
with a promise that he would give them over $15,000 in drug proceeds as payment. On December 23, 2008, the
defendant pled guilty to criminal possession of a controlled substance in the third degree and was sentenced in
February 2009 to 4½ years in state prison. In addition, Vaughn was charged and pled guilty to attempted money
laundering in the fourth degree and received additional jail time of 90 days.
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OPERATION IMPACT
I
n 2008, the DAO entered its fifth year of participation in the Operation IMPACT program, referred to as IMPACT 5. IMPACT
5 is a DCJS sponsored multi-agency initiative tasked with reducing the amount of violent crime in Westchester County. Initially confined to Yonkers, the success of the strategic planning initiatives developed during the first two years of Operation
IMPACT has led to the rapid expansion of the program into Mount Vernon, White Plains, Greenburgh and New Rochelle.
Among the significant operational projects conducted under the auspices of IMPACT 5 in 2008 was the completion of an undercover investigation into street level drug dealing taking place in the Getty Square and Nodine Hill areas of Yonkers, a commercial hub in the southwestern quarter of the city. The field operation resulted directly in 40 arrests, and an aggressive follow-up
initiative, utilizing plainclothes street surveillance and enhanced uniform patrol, yielded an additional 38 arrests.
Most notably in 2008, IMPACT 5 benefited greatly from the establishment of the Westchester Intelligence Center. This sharing
of information has been particularly instrumental in the identification and location of gang members, as well as the increased
prosecution of both violent and non-violent crimes occurring throughout Westchester County. The field intelligence network and
the Westchester Intelligence Center, with its concomitant statistical crime analyses, helps to identify the type and location of the
most pressing crime problems in each jurisdiction and to tailor an effective strategy by which to combat that problem. The Mount
Vernon Police established a Robbery Task Force whose deployment was directed by information developed by their crime analyst, utilizing the resources of the Intelligence Center. This task force has been responsible for 11 robbery arrests, 3 gun seizures, and the clearance of over 20 robberies committed throughout southern Westchester and New York City. The New Rochelle Police Department utilized crime statistics developed by their own crime analyst to identify both high probability robbery locations and habitual robbery offenders. This process identified a manageable target area receptive to effectively deployed patrols. Their strategy combined enhanced police presence in these problem areas with proactive field interviewing
of identified habitual offenders. Reported robberies in New Rochelle from October through December 2008 are down 48%
from the same reporting period in 2007. The White Plains Police Department studied crime statistics at the Intelligence Center
in formulating their response to an increase in the occurrence of aggravated assaults. Their response was targeted foot patrols
and there has been a 50% decline in the number of such offenses in 2008.
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onitoring Violent Felons - IMPACT 5, our Office, together with the local police departments, continued to work with
the Departments of Probation and Parole to closely monitor the more violent felons in our community who have either
been released from prison and are on parole supervision, or who have been sentenced to probation supervision.
Through Parole Department’s “What’s Up” program and the Probation Department’s “Saturation” program, police and parole/
probation officers either visited or called in parolees and probationers to inform them of our awareness of their presence in the
community and to offer them information on available services such as employment counselors. In addition to serving as a reminder that any further criminal activity on their part will not go unnoticed, the aggressive monitoring of these parolees and probationers has enhanced the ability of our law enforcement partners to quickly detect and address parole or probation violations
committed by the more troublesome repeat offenders in our communities.
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lue/Grey Patrols - The Mount Vernon Police and New York State Police continued their partnership in Blue/Grey patrols
for the purpose of expanding uniform presence in high incidence areas. When deployed, this increased police presence
brought about a deterrent effect on open air criminal activity.
ORGANIZED CRIME / CRIMINAL ENTERPRISE / AUTO CRIMES
In 2008, the Office’s Organized Crime and Criminal Enterprise Bureau, which is comprised of an Auto Crimes Unit and an Organized Crime Unit, filed charges against 223 defendants, obtained 47 felony convictions, and executed 29 search warrants.
O
rganized Crime Unit - Is tasked with proactively investigating organized criminal activity throughout Westchester
County. Providing critical assistance to local police departments in solving and investigating violent crimes perpetrated
by organized groups of individuals such as home invasion burglaries and robberies.
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I
n a case that illustrates the high level coordination offered by the Bureau brings to the community, in the summer of 2008, a
violent group of individuals staged a series of home invasions and burglaries throughout the County. These included a home
invasion in Harrison, two burglaries in New Rochelle, and a robbery in New Rochelle, during which many of the victims were
beaten. The Bureau provided critical legal and technical assistance to local police in Harrison and New Rochelle, including
People v Jose Colon et al
drafting pen registers and cell tower applications, securing cell
In
June
2007
Jose Colon, Amanda Lopez, David
site orders, performing extensive phone record analyses, and
preparing 5 search warrants for execution. Six individuals have Neujahr, Jamaine Porter, Steven Reyes and Mayra
Ramirez plotted to commit a home invasion in the
been indicted in connection with these violent crimes.
In addition to supporting the efforts of local police depart- Village of Scarsdale. Porter and Reyes, who forced
ments throughout Westchester County, in 2008 the Bureau their way into the house, were armed with a handcontinued to work daily with the New York State Organized gun and wore black bandanas to cover their faces.
Crime Task Force and Federal investigators and prosecutors Once inside the home, they tied up the female
regarding a long term traditional organized crime investiga- owner of the home and her teenage daughter and
tion. These investigations are manpower and resource inten- forced the male homeowner to open a safe at gunpoint. Over $300,000 worth of jewelry was taken
sive and do not result in arrests until all avenues of the investifrom the safe as well as the homeowner's wallet.
gation have been fully exhausted.
The male homeowner was then bound with duct
In conjunction with its ongoing working relationship with federal prosecutors and investigators, the Organized Crime Unit
continues its role in investigating terrorism related activity. To
deal with the serious threats our community has faced since
September 11, 2001, a District Attorney criminal investigator
has been assigned on a fulltime basis to the Joint Terrorist
Task Force. The Organized Crime Unit actively pursues and
supports Joint Terrorist Task Force investigations.
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ealizing the need to protect informants and witnesses
who have been threatened and placed in grave danger, the Westchester County District Attorney Witness
Security Program was created. This program is an important
weapon in prosecuting cases of all kinds. On a small scale,
the program can protect someone for a limited time by placing
a witness in a hotel or moving a witness out of the area. Depending on the severity of the threat, the program can also
permanently relocate a witness out of Westchester County or
the State of New York. The Bureau Chief of the Organized
Crime and Criminal Enterprise Bureau has been assigned the
task of evaluating the security threat on a case by case basis
and thereafter, determining whether someone is an eligible
candidate for the program. During the past year, several witnesses and their families were relocated with the help of this
program.
tape. Porter and Reyes ran to the waiting getaway
cars and fled the scene. The District Attorney’s
Organized Crime Bureau, working jointly with the
Scarsdale Police and the New York State Police,
drafted court orders for cell phone records. Our
extensive analyses of these records ultimately provided the key evidence to solve this home invasion
case. The Bureau also drafted several search warrants for premises in the Bronx and on Long Island. All six defendants involved were arrested
and successfully convicted. In July 2008, Colon
pled guilty to robbery in the second degree; Porter
pled guilty to robbery in the first degree; Reyes
pled guilty to robbery in the second degree; and
Ramirez pled guilty to attempted robbery in the
second degree. Neujahr and Lopez pled guilty to
robbery in the second degree and attempted robbery in the second degree, respectively. The major
players in this violent group of organized criminals
received state prison sentences. In October 2008,
Porter was sentenced to state prison for 8 years
and Reyes and Colon received state prison sentences of 7 years each. Mayra Ramirez, was sentenced to state prison for 3 years.
In 2008, the Bureau also worked with the County of Passaic (NJ) Prosecutor’s Office in bringing down an illegal, multi-million
dollar lottery operating in the New York metropolitan area. The lottery operation, which had direct ties to the Dominican Republic, was taking in an estimated 2 million dollars per week. In April 2008, the Organized Crime Unit drafted an extensive search
warrant application that resulted in the execution of 11 search warrant orders throughout Yonkers, Bronx, and Manhattan. In
total, $417,000 was seized and five individuals were apprehended and turned over to the New Jersey authorities for prosecution.
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uto Crimes Unit - The Unit is tasked with the investigation and prosecution of automobile insurance fraud and auto theft in
Westchester County.
The most significant auto crime investigations of 2008 were conducted in collaboration with the Westchester County Department of Public Safety (WCDPS), which provided a full-time seasoned investigator to the Unit. One such investigation involved
an undercover operation in which the Unit set up a garage for the purpose of purchasing stolen vehicles and vehicles that had
been falsely reported stolen by their owners as part of an insurance fraud scheme, so called “owner give-ups.” The joint investigation conducted by the Auto Crimes Unit and the WCDPS, with the assistance of the National Insurance Crime Bureau, NYPD, and
the New York State Police, led to the break-up of a prolific auto theft ring and resulted in the arrest of 5 individuals associated with
the ring and the recovery of 13 stolen vehicles. The joint investigation also resulted in the arrests of 7 other individuals involved in
four “owner give-up” insurance fraud schemes and the recovery of the four vehicles in question, as well as the arrest of one other
individual for the delivery and sale of 6 stolen vehicles. In total, 13 individuals were arrested and 23 vehicles were recovered.
The Auto Crimes Unit and WCDPS, with the assistance of the NYPD, also conducted a long term investigation into a complex
insurance fraud scheme that involved multiple claims made by numerous
individuals to different insurance companies, all for the same damage to a
BMW automobile. Four were charged with felony insurance fraud as a result
of that investigation.
IN Etching - The Auto Crimes Unit also conducts free vehicle identification number (“VIN”) etching for the residents of Westchester
County. This weather sensitive process is offered in spring and fall.
It involves a chemical application of the car’s VIN to the vehicle’s window,
which makes the car far less attractive to car thieves. In 2008, the Auto
Crimes Unit worked with the Greenburgh Police Department to provide
VIN etching for local car owners.
raining and Education - The Organized Crime Bureau is a leader throughout the State in training police officers and attorneys in investigative techniques for solving auto theft related cases. In 2008, the Bureau trained police officers throughout
the State in the first statewide license plate reader conference held in Lake George, New York. Additionally, the Organized
Crime Bureau lectured at the summer prosecutor's college in Syracuse, New York on how to investigate and prosecute major auto
theft and insurance fraud cases. The Bureau continues to hold its annual auto training session at the Westchester County Police
Academy where police officers throughout the region receive invaluable auto investigative training.
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HIGH TECHNOLOGY CRIMES BUREAU
In 2008, investigations conducted by the High Technology Crimes Bureau of the District Attorney’s Office led to the arrests of several on-line predators, including a doctor from Connecticut who drove to White Plains to have sex with someone he believed to be
under the age of consent. We increased our online presence by partnering with the Harrison Police Department in an undercover
operation that led to three arrests and two convictions.
nternet Crimes Against Children (ICAC) - Prior to 2007, a gap in the Penal Law provisions prohibiting the dissemination of
indecent materials to minors seriously thwarted our Office’s ability to convict sexual predators who use computers for online
communication (i.e., words) to convey and depict accounts of sexual activity as means of luring children into having sex with
them. In 2007, as the result of litigation by our Office, § 235.22 of the Penal Law (disseminating indecent material to minors in the
first degree) was amended to include words as a method of conveying sexual conduct to a minor. As a result of that change, the
High Technology Crimes Bureau quickly and aggressively resumed its role in tracking these online sexual predators.
In 2008, the Bureau continued to partner with the New York State Police ICAC Task Force to track and arrest persons involved in
the possession and distribution of child pornography. As a result of our partnership with the ICAC Task Force, our investigators
are given access to sophisticated expensive computer forensic equipment, attend seminars on conducting forensic analyses
on cutting edge computer systems, and are able to stay current in this ever evolving field. In 2008, as a result of the joint efforts
of our Office and the ICAC Task Force, Anthony Rypka, a former Tarrytown police officer, was tried and convicted in federal court
on charges relating to the possession of child pornography and was sentenced to 5 years in federal prison.
I
24
New York State’s First Human Trafficking Arrest - In 2007, the Westchester County District Attorney's Office, as a member of
the Legislative Committee of the DAASNY, was instrumental in fashioning New York State’s first human trafficking and labor exploitation law, which specifically penalizes sex and labor trafficking.
In 2008, the Office’s High Technology Bureau effectuated the first arrest in New York State under this law. Using cutting-edge
computer technology, the Bureau went undercover to apprehend an individual who was using “Craig’s List” as a means of advertising a human trafficking operation run out of the Dominican Republic. The defendant is charged with promoting prostitution in the
third degree under the Human Trafficking and Labor Exploitation Law.
dentity Theft - Identity theft generally occurs when, a thief assumes the identity of another person and thereby secures some
benefit, including but not limited to the obtaining of goods, money, property, services, credit, or causing financial loss to the victim. According to the Federal Trade Commission, identity theft complaints account for more than one-third of all fraud complaints nationwide and Westchester County residents have not been immune to this epidemic.
In 2008, the High Technology Crimes Bureau continued to aggressively prosecute the rising tide of identity theft in Westchester
County. Building upon police investigations involving complex investigative techniques, the Office prosecuted over 30 individuals
for identity theft related crimes.
I
The Rome Identity Theft Case
Defendants Brad Nickles and Mirag Patel acquired personal identification information from dozens of victims nationwide
and used this information to obtain wired funds from Western Union using credit or debit card numbers belonging to the
victims. Specifically, Nickles and Patel used several forms of masking technology to place telephone calls to Western
Union or connect to the Western Union website to pose as the victims to send money to themselves or other accomplices.
The wire transfers were authorized, and then Nickles, Patel and their accomplices went to Western Union locations
throughout lower Westchester and the Bronx and picked up the money using their own drivers’ licenses, as well as stolen
and counterfeit licenses. During a two year period, Nickles and Patel, along with their accomplices, stole in excess of
$132,000 of Western Union funds. Additionally, there were hundreds of thousands of dollars worth of wire transfers that
were attempted but not completed. Defendant Brad Nickles was a college student attending school near Rome, New York
where he was involved in a similar ID theft ring in that area.
Working jointly with the Mount Kisco police, the Hastings police, the Utica Regional Computer Forensic Lab and the United
States Secret Service, our Office was able to successfully prosecute Nickles, Patel and the other accomplices, each of
whom was subsequently convicted of larceny and identity theft related charges. On June 18, 2008 and December 3,
2008, the main participants, Nickles and Patel, were convicted of Identity Theft in the First Degree. Patel was also convicted of Grand Larceny in the Third Degree. On October 1, 2008, Patel was sentenced to state prison for 1 1/3 to 4 years.
Defendant Nickels is also expected to be sent to state prison when sentenced in April 2009. As to the crimes committed in
the area of Rome, New York, Nickles is being prosecuted by the United States Attorney’s Office for the Northern District of
New York, based on evidence developed as a result of our investigation.
C
ommunity Outreach - As part of its ongoing efforts to protect young people from online predators, identity theft and
other cybercrime, the District Attorney’s Office has conducted internet safety workshops for middle and high school
students and their parents. The Assistant District Attorneys who conduct these age appropriate workshops offer advice on potential dangers of the internet, focusing special attention on social networking sites and the risks involved in sharing passwords or posting personal information and pictures. Drawing on actual Westchester County cases, prosecutors provide examples of the sophistication of online predators and advise that parents monitor online activity of children and teens.
In 2008, Assistant District Attorneys offered 18 internet safety presentations for parents, reaching a total of approximately 630
people, and 22 presentations to students, reaching approximately 770 students.
25
ENVIRONMENTAL CRIME
In 2008, the Office’s Environmental Crimes Unit continued to aggressively respond to environmental crimes occurring in and impacting Westchester County, including illegal spills, providing false information to regulatory agencies, and unlicensed environmental activities. Members of the Unit maintain constant contact with other municipal regulatory agencies to insure that our Office has the most current information available regarding any developing trends in criminal activity effecting the environment. The
Unit continued to work with the Westchester County Department of Health (WCDOH) to test, monitor, and survey waterways
throughout the County for any sources of pollution. By working with local agencies, we are able to combine and deploy our investigative resources to more effectively and efficiently identify, address and remediate environmental problems as they occur.
T
he Unit’s success was recognized in a recent American Bar Association article entitled, “The State of Environmental
Crimes Prosecutions in New York,” wherein writer James Periconi, who researched the level of commitment among
District Attorney’s Offices throughout the state in fighting environmental crime, concluded that the Westchester County
District Attorney's Office was “probably the most active in the state” having “prosecuted nearly 600 cases between 2003 and
2007, Natural Resources & Environment, Volume 23, Number 3, Winter 2009, 2009 American Bar Association.
Throughout 2008, the Bureau conducted a number of training sessions for other agencies on matters relating to the criminal enforcement of environmental laws and interagency cooperation and collaboration.
C
ommunity Environmental Compliance Enforcement Initiative - Working in conjunction with WCDOH and NYSDEC,
the District Attorney’s Office organized a community enforcement task force. Teams comprised of personnel from each of
the agencies conducted inspections of local businesses that engage in regulated activities including auto body shops, dry
cleaners, service stations and solid waste management facilities. Based upon the team’s observations, criminal summonses
were issued or, in cases of minor deficiencies, warnings given to promote regulatory compliance. Regular follow-up inspections
were performed to ensure compliance and/ to confirm correction of minor deficiencies. In 2008, the task force inspected 50 businesses throughout Westchester County and issued 32 criminal summonses. An additional six warning and administrative summonses were issued. This operation will continue in 2009.
People v Metro North Commuter Railroad
Acting on information received from the DEC Spill Response
Unit, the Environmental Crimes Unit undertook an investigation
into the circumstances surrounding the spill of 17,000 gallons of
diesel fuel at Metro-North’s Harmon Yard in Croton. It was determined that an oil pipe gasket accidentally ruptured causing this
enormous spill. Due to the fact that Metro North underreported
the volume of the spill to DEC and did not follow protocols and
procedures for clean-up, criminal charges were filed against
Metro-North. As part of the negotiated disposition in our prosecution, Metro-North was required to engage in a complete and
thorough clean up and reclamation of the fuel, which they did,
costing Metro North hundreds of thousands of dollars. In further
response to the prosecution, Metro-North developed new protocols for fueling trains and installed additional monitoring wells
and agreed to develop a more effective communication system
with the Westchester County Department of Health for immediate
notification of any future spills. On September 10, 2008, MetroNorth admitted its guilt to an environmental offense and, in addition to the approximate half a million dollars in cleanup costs,
was fined .
People v JKSG Station Inc.
During a gasoline delivery at a White
Plains service station, over 300 gallons of
gasoline was spilled. The Environmental
Crimes Unit, working with DEC and, developed evidence that the cause of the spill
was an illegally installed submersible
pump that had been left on during the
gasoline delivery. The owner, JKSG Station, Inc., was charged with felony endangering the environment and pleaded guilty
as charged on November 6, 2008. As part
of the proposed disposition of the case the
defendant agreed to make full restitution to
the City of White Plains for expenses associated with the cleanup. The defendant
has paid over $300,000 in cleanup and
renovation costs. The latter included the
installation of brand new underground
tanks. Sentencing on this matter is scheduled in 2009 and will include additional
fines totaling $15,000.
26
P
PUBLIC INTEGRITY
ublic corruption includes criminal behavior by any public servant in the performance of his or her official duties, as well as
crimes committed by persons associated with the county, state and federal criminal justice systems, including attorneys,
police officers, correction officers, special agents, court personnel, prosecutors, judges, and grand and petit jurors.
In 2008, the Public Integrity Bureau of the District Attorney's Office, which is tasked with investigating complaints of public corruption, experienced a nearly 100% increase in the number of investigations in 2007. The District Attorney’s commitment to aggressively fight public corruption has created an atmosphere of public trust and confidence in our endeavors, and, in turn, fostered a
greater willingness on the part of residents to come forward with complaints of corruption in the public arena. The increase in the
number of investigations is indicative of an ever increasing readiness on the part of police and other governmental agencies to approach the District Attorney's Office for assistance and cooperation in the area of public corruption and misconduct. This trust enhances the Bureau’s ability to conduct complex investigations, acting on its own or in cooperation with other agencies.
As part of its mandate, in 2008, the Bureau investigated all shootings by police officers that occurred in the County, both non-fatal
and fatal (in which case the investigation is conducted jointly with the Homicide Bureau). These investigations, particularly those
involving a fatality, are extremely complex and require considerable time and resources, and, in most cases, are presented to the
Grand Jury to determine the legality of the police conduct.
In 2008, one such investigation was conducted jointly by this Office and the White Plains Police Department into the shooting
death of off duty Mount Vernon Police Officer Christopher Ridley by four Westchester County Department of Safety Police Officers. The Grand Jury heard from 62 witnesses, including 45 civilians, who witnessed some portion of the events which occurred on Court Street in White Plains. Sixteen of the civilian witnesses were in or about the plaza in front of 85 Court Street,
some only a few feet away when the shooting occurred. Seventeen others were inside office buildings watching from their
windows as events unfolded below them. Twelve other civilian witnesses were in the general area on the street.
The 23 Grand Jurors, over eight sessions spanning two months, investigated and considered photographs, charts, diagrams,
documentary evidence, and all the videotapes which captured any portion of the events from cameras positioned on a nearby
office building. The Grand Jury found that, based upon all of the evidence presented, there was no reasonable cause to believe a criminal offense was committed by any of the Westchester County Department of Public Safety Police Officers involved
in this tragic incident.
In 2008, the Public Integrity Bureau revised its protocol for investigating complaints of excessive force by law enforcement officers.
Under this protocol, members of the public, attorneys, Assistant District Attorneys in the local branch offices, and local police departments may elect to go directly to the Bureau to report alleged inappropriate conduct or excessive force by police officers. The
Bureau then carefully examines such complaints and will conduct interviews with the complainant and his/her lawyer, and review
relevant medical records and witness statements to determine whether the officer(s) in question acted appropriately or beyond
what is reasonable under the law. Through this autonomous process, our Office seeks to insure the public as well as the police
that our Office will investigate complaints of misconduct.
People v Arthur Rose
chool District Fraud Unit - Operating within the Public Integ- Arthur Rose was the director of purchasing for the
rity Bureau, this Unit focuses on crimes, financial and other- entire Mount Vernon School District. Rose solicited
wise, committed by school district employees and vendors. In two bribes totaling approximately $13,500.00, from
2008, an investigation conducted by the Unit led to the arrest and con- two school vendors, the Ricoh Copier Company
viction of a Mount Vernon School District employee who, in his capac- and the Tri-State Supply Company, in exchange for
ity as purchasing agent for the district, committed the crimes of grand their continued business with the school district.
larceny, official misconduct and bribery. The Unit was also responsi- The defendant attempted to disguise the bribe monble for the investigation, arrest and conviction of a vendor for the East- ies as donations to a religious organization he was
chester School District who made unlawful payments to a school dis- associated with. In truth, the defendant used the
trict custodian in exchange for steering repair contracts to the vendor’s bribe monies to purchase residential investment
property through a straw purchaser. Arthur Rose
roofing company.
In 2008, the Public Integrity Bureau, in addition to continuing open was indicted and convicted after a jury trial of all
investigations, instituted 113 new investigations. These investigations the top charges, including two counts of felony
resulted in 44 arrests of public officials and/or individuals involved in bribe receiving and additional official misconduct
related offenses. Rose was sentenced to the maxicorruption within the court system.
mum term of 3 ½ to 7 years in state prison.
S
27
People v Christian Bernard
The defendant, Christian Bernard, an attorney admitted to practice law in the State of New York, stole more than
$250,000 dollars from elderly victims, each over 90 years old. The victims had enlisted Bernard’s assistance to help
them purchase a farm on Long Island. When the deal fell through, the defendant spent the victims’ money for his own
personal use. On December 16, 2008, the defendant was convicted upon a plea of guilty of grand larceny in the second degree. His sentencing is scheduled for April of 2009, and the terms of his sentence will be determined on
whether or not he has paid full restitution to the victims. The Public Integrity Bureau also sought, on behalf of these
victims, assistance from the Lawyer’s Fund for Client Protection, which in turn reimbursed the victims for their losses.
People v Rafael Pantoja
Rafael Pantoja, an attorney disbarred from practicing law in New York, stole over 1.8 million dollars from two banks
and a title company. The defendant committed the theft by engaging in mortgage fraud. The defendant first stole approximately 1.2 million dollars from a mortgage company by falsely representing his employment status as an attorney, falsely inflating his income, and providing additional false information such as his father’s social security number. Pantoja repeated the same conduct by making similarly false representations to a second mortgage company,
which resulted in the theft of an additional $600,000. In February 2008, the defendant pled guilty to the top count of
grand larceny in the first degree and was sentenced to 4 ½ - 9 years in state prison and ordered to pay restitution in
excess of 1.8 million dollars to the victims of his thefts.
C
ECONOMIC CRIMES
rimes Against Revenue Prosecution Unit (CARP) - of the Economics Crime Bureau works in conjunction with the New
York State Department of Taxation and Finance to investigate and prosecute criminal violations of the State tax laws. Investigations generally focus on persons and entities who under report or fail to report income, evade payment of taxes, fail
to file returns, or file fraudulent returns. Targets of CARP investigations may ultimately be charged with crimes such as repeated
failure to file a return, filing false returns, grand larceny, and offering a false instrument for filing. Our goal is to bring tax offenders
to justice, reclaim lost revenue for the State and promote a fair tax system.
In 2008, the Unit opened 11 new tax investigations. Tax cases
People v Mark Henningsen
prosecuted by the Office during 2008 included: a certified public acMarc Henningsen posing as a legitimate financial
countant who failed to file his own personal tax returns; a local office
advisor, ran an investment scam in Westchester
partitions company that collected withholding taxes from its employCounty for approximately 6 years. Henningsen adees but failed to remit them to the State; and a successful lighting vised and convinced several victims to invest in his
designer who failed to file personal tax returns for many years. The company, Benefit Partners LLC. These victims gave
CARP Unit was successful in reclaiming approximately $325,000 in several hundreds of thousands of dollars to the delost tax revenue for the State and other municipalities, both in cash fendant for investment in what they believed was a
and restitution judgment orders.
legitimate human resource services supplier to hoshite Collar Crime - usually signifies legal violations by cor- pitals. Henningsen also falsely promised the invesporations or individuals, including theft or fraud and other tors that they were to get a guaranteed 9% return on
violations, committed in the course of the offender’s busi- their investment and falsely represented that Benefit
ness or occupation. The Economic Crimes Bureau, which counts Partners LLC was worth nearly 5 million dollars,
among its members a certified public account, provides critical assis- leading his victims to believe their investments were
tance to the 43 local police departments in the investigation and secure. In truth, Henningsen’s business was a fraud
prosecution of white collar crimes in Westchester County. These and he simply used the stolen monies to pay his
crimes include embezzlement, investment scams, home repair fraud, own debts and personal expenses. In March 2008,
consumer fraud, fraud against the elderly, unemployment insurance Henningsen was convicted of scheme to defraud in
fraud, and tax crimes.
the first degree. In May 2008, he was sentenced to
The Bureau vertically prosecutes all of its cases by performing all state prison for 1 to 3 years and was ordered to pay
necessary investigative work, including drafting of search warrants his victims $580,000 in restitution.
and other court orders, preparing subpoenas for relevant books and
records, interviewing witnesses, and securing all material evidence for the grand jury and trial. In 2008, the Economic Crimes Bureau apprehended and prosecuted 41 "white collar" criminals and recouped $3,728,748.00 in 2008 for crime victims.
W
28
The Peekskill Identity Theft Case
The Office, working together with the Peekskill
police, cracked an identity theft ring operating in
Peekskill. The ring consisted of five defendants,
Krystal Brown, Seone Simpson, James Webb,
Candace Johnson Davis, and Laquaja Price, who
banded together in order to steal merchandise
from a Radio Shack in Peekskill. Price worked
as a civilian assistant for the NYPD and obtained
personal identification information from confidential personnel files of several police officers.
She passed that information along to Webb, who
in turn worked with Brown and Simpson. These
three went to the Radio Shack in Peekskill and
used Davis, a Radio Shack employee, to assist in
their theft by opening lines of credit in the names
of the police department victims. The lines of
credit were then used to steal thousands of dollars worth of electronic equipment, including
several flat panel televisions and mobile telephones. All five defendants were indicted for
scheme to defraud and other theft related offenses. Between October and December in 2008,
all five defendants pled guilty to the felony of
scheme to defraud in the first degree and are
awaiting sentence in 2009.
People v Javier Pedraza Ramirez, et al
The Economic Crimes Bureau worked jointly with the US Department of Homeland Security-Immigration and Customs Enforcement Division and local police from Harrison and White Plains to
track and arrest 10 individuals (Javier Pedraza, Eliazar Boraza,
Javier Cruz, David Delavega, Daniel Gonzales, Jorge Martinez,
Martin Pedraga, Ramone Soliz, Freddy Torres, and Luis Montez)
involved in running a national counterfeit check cashing ring.
The 10 defendants were part of a ring that traveled throughout
the United States, disguising themselves as local business employees, cashing counterfeit payroll checks at local banks. The
10 defendants, all of whom were caught in the act, cashed approximately 30 counterfeit checks totaling approximately
$20,000 at a local Westchester bank. They were also in possession of additional counterfeit checks that had not yet been negotiated. In October 2008, nine of the ten defendants (all but
Pedraza) were convicted of felonies including criminal possession of a forged instrument in the second degree or scheme to
defraud in the first degree. In December 2008, these nine defendants received sentences of incarceration ranging from 1 year in
jail to 1 ½ to 3 years in state prison. On December 18, 2008, defendant Pedraza pled guilty to criminal possession of a forged
instrument in the second degree and was later sentenced to nine
months in jail. Upon completion of service of their sentences,
each of these defendants will be deported. Most of the stolen
cash was recovered during this successful prosecution.
SPECIAL PROSECUTIONS
DOMESTIC VIOLENCE
The District Attorney’s Office continues to respond immediately when violence hits families. Working with local law enforcement
agencies and Child Protective Services (CPS), the District Attorney’s office provides a team of dedicated attorneys and trained
aides to investigate, prosecute, and supervise all cases of domestic violence, child abuse and elder abuse occurring in Westchester
County.
In 2008, the Office’s Special Prosecutions Division reviewed over 9,000 such reports, thousands of which resulted in criminal prosecutions. Assistant District Attorneys specializing in domestic violence, child abuse, and elder abuse bring a high level of expertise
and experience to these cases, which involve the most vulnerable of victims. Vertical prosecution has been implemented in all felony cases and many misdemeanor cases.
The Domestic Violence Bureau of the Special Prosecutions Division consists of specialized prosecutors and aides, who are assigned to Yonkers and Mount Vernon local court branches, the two jurisdictions where the vast majority of domestic violence cases
were filed in 2008. In 2008, the number of domestic violence cases in Yonkers increased to over 1,000 cases; the number of cases
filed in Mount Vernon increased from approximately 374 in 2007 to 570 in 2008. The victims benefit from on-site interviews and
immediate referrals to services within their own communities. The presence of these specially trained domestic violence prosecutors at the local court level allows us to quickly and effectively assess and respond to serious cases and successfully advocate for
appropriate case dispositions.
ntegrated Domestic Violence Courts (IDVC) - Prosecution of domestic violence cases incorporates two guiding principles of
the District Attorney’s Office: offender accountability and victim safety. These principles also serve as the foundation of the
Westchester County IDVC.
There are two IDVC courts in Westchester County, one in Yonkers City Court and another in White Plains Superior Court, which
are staffed exclusively by experienced prosecutors from the Domestic Violence Bureau. The White Plains IDVC court hears all
I
29
White Plains IDV Court 2008
6 53
229
Convictions
Dismissals
Satisfied
ACD's
felony domestic violence cases and misdemeanor cases originating in the
cities of White Plains and New Rochelle, as well as cases from other localities that have overlapping family court jurisdiction or pending matrimonial matters. The Yonkers IDVC hears misdemeanor domestic violence
cases where there has also been a family offense or custody petition filed.
In these courts, one judge hears all aspects of a family’s case, from custody and child support to allegations of criminal assault. Sentencing alternatives designed to deal with the particular dynamics of domestic violence
cases, such as batterer intervention programs, are frequently imposed. In
2008 the combination of innovative sentencing alternatives and specialized prosecutors has resulted in a 94% conviction rate in the White Plains
IDVC, where more than 243 cases were heard by the Court.
People v Sean Cephas
On November 3, 2007 in the parking lot outside of 70 West 3rd Street, in Mount Vernon, Sean Cephas kicked,
punched, and slammed his ex-girlfriend into a parked 1993 Kia automobile. Cephas was angry with the victim because she was ending their relationship. Eyewitnesses to the event heard the victim begging Cephas to stop hurting her. The defendant fled the scene in a vehicle. After Mount Vernon police responded, the victim was taken by
ambulance to the hospital where she was treated for swelling and bruising to her face, head, and body. The case
was vertically prosecuted by an Assistant District Attorney in the Domestic Violence Bureau. The defendant
eluded police, but was later captured in Georgia by the FBI Fugitive Task Force and the Atlanta, Georgia Police Department. Cephas was indicted for assault in the second degree and in August 2008, the defendant was convicted
by a jury as charged and was sentenced to 7 years in state prison.
D
omestic Violence Legal Partners - the District Attorney’s Office continued to partner with domestic violence agencies to
identify critical legal issues that impact domestic violence victims and provide appropriate legal education programs to address those issues. In 2008, our Office, joining the Office for Women, Manhattanville College, and the Westchester County
Chiefs of Police Association, conducted a training session for members of local police departments and other county and state law
enforcement agencies on recent changes in state law which impact the investigation and prosecution of stalking cases, including
state legislation involving fair access to the Family Court and revisions to the penal and criminal procedure laws.
The training included a lecture by the Office’s Chief of the Special Prosecutions Division regarding the prosecution of a stalking
case. On another front, the Office continued to train members of law enforcement regarding the newly enacted human trafficking
legislation, which for the first time in New York specifically penalizes sex and labor trafficking. In 2008, the District Attorney’s Office
and DCJS served as coordinators for a presentation on human trafficking investigations by the Domestic Violence Council of Westchester County. We also joined forces with My Sister’s Place, a leading resource in Westchester County in the field of domestic
violence programming, advocacy, and legal services, to deliver training on this new legislation to both new recruits and experienced detectives at the Westchester County Police Academy. With this training now complete and more training planned, local
law enforcement agencies and the District Attorney’s Office are developing the necessary tools to successfully track and prosecute
offenders under this new legislation. Our partners at My Sister’s Place will provide and coordinate social services to human trafficking victims identified by our Office and local law enforcement agencies.
People v Gregory Jones
On March 4, 2008, Gregory Jones repeatedly showed up at his estranged wife's home in Yonkers, in violation of an
Order of Protection issued by the Yonkers City Court, which prohibited the defendant from being anywhere near her.
The police had responded to several reports of Jones being near the home on that same date, but each time defendant had fled the scene before the police arrived. When defendant returned the last time, he brought a loaded shotgun with him, forced his way into the building and threatened to harm his estranged wife. The victim screamed out
for help as she held her cell phone by her side and dialed 911. Her two young children were in the home at that time.
Defendant was arrested at the scene, and the loaded shotgun was recovered. Defendant pled guilty to burglary in the
second degree and in September 2008 was sentenced to 3 1/2 years in state prison.
30
People v Abel Nava
On October 8, 2006, Abel Nava confronted his ex-girlfriend at a local Yonkers restaurant, demanding to speak with her
regarding the recent break-up of their relationship. She refused and Nava left the restaurant. Fearful for her safety
and that of her eight year old son, the victim requested that her friend accompany her back to her Yonkers apartment
building. While she and her son were waiting for the elevator in the lobby of her building, Nava emerged from a staircase and ran towards them. Defendant picked up the child and brandished a large knife, threatening that if the victim
did not come with him, he would kill the boy. As defendant started to move, the victim grabbed her son and tried to
escape. Defendant tripped her, pinned her to the floor, and began to viciously stab her with the knife as the child courageously attempted to pull defendant away from his mother. Nava fled the building, leaving the victim in a pool of
her own blood. The victim underwent emergency surgery and was left with significant scarring. Defendant, who had
a previous felony conviction for assaulting a former girlfriend, was indicted for assault in the first degree and related
crimes. Despite the efforts of the Yonkers Police and Westchester County Police Warrant Squad, defendant eluded
apprehension until July of 2008, when he was arrested and arraigned on these charges. Defendant entered a plea of
guilty to assault in the first degree as charged in December 2008, and was sentenced to 13 years in state prison.
The Office also actively assists our Domestic Violence Legal Partners in obtaining “U-Visas” for victims of certain crimes, including
sexual assaults, stalking, and kidnapping, which allow a victim to receive temporary authorization to live and work in the United
States when they cooperate in the investigation or prosecution of these crimes. Working with My Sister’s Place, Hudson Valley
Legal Services, the Northern Westchester Shelter, the Pace Women’s Justice Center and others, the District Attorney’s Office
offers assistance to victims of domestic violence who qualify for U-Visa certifications, which allow victims and their children to
seek permanent legal status within the United States, away from their abusers.
een Dating Violence - In 2008, to address teen dating violence and protect our teens from abuse in relationships, the District Attorney’s office, in conjunction with the NYS Office of Court Administration, created a youthful offender domestic violence court. Located in the Yonkers City Court, this specialized court deals exclusively with underage offenders who commit misdemeanor domestic violence crimes. Specially trained prosecutors and aides provide immediate assistance and referrals
to the adolescent victims in these cases, paying special attention to the victim’s lack of life experience. The sentences imposed
upon the defendants in these cases, who range in age from 16 to 21, included mandatory participation in programs identified by
the Yonkers Youth Bureau that involve community service and other targeted youth programs such as the Breakaway Program for
substance abuse, the Yonkers Employment Center, Yonkers Pathway to Success and Fathers Count (a program for teenage fathers). The court strives to intervene with these young people and break cycles of abuse and recidivism so often associated with
domestic violence cases.
T
CHILD ABUSE BUREAU
In 2008, a total of 503 child abuse cases were filed in the criminal courts of Westchester County. In addition, 12 suspicious deaths
of children were investigated, one of which was a homicide involving the beating death of a one year old child and has resulted in
the filing of an indictment. We saw a substantial increase in the number of reports of child abuse and neglect reported to the New
York State Central Registry (SCR). The Child Abuse Bureau
R EPORTS MADE TO
reviews all cases reported to the SCR involving a child in WestC HILD PROTECTIVE SERVICES IN 2008
chester County to ensure that the appropriate law enforcement
agency is notified when the reported conduct may be criminal in
7492
nature. In 2008, the Bureau noted a 12% increase in these re6477
6226
ports to the SCR over 2007. This increase is largely attributable
5474
to heightened community awareness, particularly in school communities, that mandated reporters are required to report any suspicion of child abuse and neglect, as well as the aggressive
prosecution by this Office of mandated reporters who fail to make
such a report. Notably, while there was a 12% increase in SCR
reports, there was a 34% increase in SCR reports which resulted
2005
2006
2007
2008
in law enforcement investigations, clearly demonstrating a more
aggressive review of child abuse allegations by law enforcement.
31
I
n 2008, a multi-disciplinary training of first responders in the investigation of child fatalities was conducted by our Office, the
Medical Examiner’s Office,
a forensic child abuse pediatrician, Emergency Medical
Services, and the Yonkers
Police Department. The team
conducted two interactive
training sessions at the Westchester County Police Academy at which we shared investigative techniques with first
responders from local police
departments and emergency
medical services, and provided
training materials, including a
“Scene Responder’s Checklist,” to assist them in their initial investigation when they
come upon a child fatality
scene.
People v Dominic Bokulich
Dominic Bokulich a/k/a Brother Leopold pled guilty as charged to sexual abuse in the first degree, course of sexual conduct against a child in the second degree and two counts of endangering the welfare of a child. His victims
were four young brothers who ranged in ages from 4 to 14. Bokulich abused the brothers at their Yonkers home
and at a retreat located in Sullivan County at various times from November 2005 through October 2007. In October
of 2007 an Assistant District Attorney from the Child Abuse Bureau interviewed the four victims. As a result of
these interviews, the Yonkers detectives commenced an investigation that eventually became multi-jurisdictional
and led to the defendant’s arrest. The defendant was sentenced in June 2008 to 7 years in state prison. The District Attorney’s Office alerted the Sullivan County District Attorney’s Office to the crimes committed in their jurisdiction, and after a joint investigation with the Yonkers Police Department, Bokulich was additionally convicted for
the crime of course of sexual conduct against a child in Sullivan County.
I
ntegrated Youth Court - Throughout 2008 the District Attorney’s Office joined forces with Judith Kaye, former Chief Judge of
the New York State Court of Appeals, OCA staff, the Department of Probation, the County Attorney’s Office, the Legal Aid Society and Westchester County’s “Attorneys for the Child” panel (who represent juveniles in Family Court) to launch an Integrated
Youth Court (IYC) in Westchester County.
September 2008 marked the opening of this specialized court in which a single judge presides over an eligible youth’s criminal
case, as well as over any Juvenile Delinquency (JD) or Person in Need of Supervision (PINS) petition pending against that youth
in Family Court. The consolidation of these two separate court proceedings allows the presiding judge to adjudicate both the family court and criminal court cases, and effectively merge the dispositions so the eligible youth may reap the benefit of available
treatment programs. Emphasis is placed upon requiring the youth to engage in behavioral modification, and the sentences imposed commonly require the offender to cooperate with rehabilitative services traditionally only available through the Family Court.
In addition, bail conditions routinely require the youth to abide by the rules of his or her parent or guardian, regularly attend school,
abide by a court imposed curfew, and cooperate with any referrals for counseling or outside placement mandated by Probation in
connection with either the Family Court JD or PINS proceeding.
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hild Fatality Review Team - In February 2006, the District Attorney and County Executive announced the formation of
Westchester County’s Child Fatality Review Team (CFRT), with the goal of preventing child fatalities in the County. The
CFRT reviews the death of any child who had been proPeople v Darryl Bolton
vided services by the Westchester County Department of Social
Services (DSS) and/or any agency under contract with DSS. The On July 19, 2007, the birthday of one year old Heaven
CFRT also examines the death of any child under suspicious cir- Bolton, a 911 call was received that Heaven was havcumstances. By law, the CFRT includes representatives from our ing trouble breathing. Emergency medical workers
Office, DSS (Child Protective Services), the Medical Examiner, the and Yonkers police arrived at the infant’s home to find
Westchester County Attorney’s Office, the Westchester County her unresponsive and cool to the touch. The child’s
father, Darryl Bolton, had been babysitting Heaven and
Department of Health, the New York State Office of Children and
her two year old sister while their mother was at work.
Family Services (OCFS), the New York State Police, a forensic
Heaven, whose body evidenced clear signs of physical
pediatrician and emergency medical services, as well as members abuse, was taken to the hospital where she was proof the local police agency involved in the investigation of the fatal- nounced dead. Darryl Bolton was arrested that night
ity under review. Westchester’s CFRT also includes a representa- and charged with the infant’s death. The Medical Extive of the Victim Assistance Services.
aminer determined that Heaven died from multiple
The CFRT remains the only team in New York State that exam- blunt force injuries with fractures of her ribs, humerus
ines deaths beyond those matters required to be investigated un- and multiple lacerations of her internal organs. The
der New York State law. Since the CFRT’s inception, 32 cases surviving two year old sibling was placed in the cushave been reviewed by the Team. These cases have involved tody of Child Protective Services and later medically
issues of abuse and neglect and, increasingly, child safety issues examined at the Children’s Advocacy Center in Valrelated to consumer products. In this latter regard, the CFRT’s halla. The case was thoroughly investigated by the
work has been nationally recognized by the Consumer Product Yonkers Police Department, assisted by the child fatalSafety Commission (CPSC). Over the past year, the CFRT has ity homicide Assistant District Attorney. Darryl Bolton
collaborated with the CPSC to enhance their investigation of prod- was indicted and pled guilty to manslaughter in the
ucts posing risks to children and envisions an ongoing collabora- first degree. He was sentenced in May 2008 to 20
years in state prison.
tive relationship.
The CFRT has also distinguished itself as the first team in New York State to write its own state mandated child fatality reports. In
addition, the CFRT is the only state approved child fatality review team that prepares independent reports to proactively educate
the community on issues related to child fatalities that have been reviewed by the Team. The CFRT has released seven reports
with recommendations and safety tips aimed at preventing child fatalities. During 2008, two such reports were issued involving the
safety of bath seats and crescent-shaped infant pillows.
afety of Crescent-Shaped Pillows - On February 4, 2008, the CFRT released an
independent report related to the death of a 2 month old baby who was put to sleep
on a crescent-shaped infant pillow and later discovered face down and unresponsive in the “hole” of the pillow. This was one of three child fatalities the CFRT had examined involving a crescent-shaped pillow found near the infant’s body. The Medical Examiner found that each of these deaths was the result of Sudden Infant Death Syndrome
(SIDS) and therefore the cause of death undetermined. However, in each instance the
Team found an improper use of the pillow in the infant’s sleep environment. The Team’s
independent report urged caregivers to follow safe sleeping practices and to not use the
crescent-shaped pillows as sleep aids. A flyer containing careful instructions for the use of
these pillows was prepared and disseminated throughout the County.
afety of Bath Seats - On May 29, 2008, following an investigation into the drowning
of a baby who was left unattended in a bath seat that had been placed in a bath tub
containing a small quantity of water, the CFRT issued its seventh independent report. Because a baby can drown in as little as an inch of water, the CFRT urged parents to
follow the recommendations of the American Academy of Pediatrics concerning the proper
use of bath seats including the prohibition of leaving the infant unattended in the bathtub. The CFRT further recommended that
parents only use a bath seat that meets current industry standards as set forth by the Consumer Product Safety Commission.
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ulti-Disciplinary Team for the Investigation of Child Abuse - We know that the best practice for conducting an investigation into child abuse while limiting any further trauma to children requires a multi-disciplinary approach. In 2008, the
District Attorney’s Office made significant progress tin the cause of protecting children with New York State’s official recognition of Westchester County’s Multi-Disciplinary Team (MDT) consisting of Child Protective Services, local police departments
and the Westchester Children’s Advocacy Center (CAC).
The coordination of MDT investigations is funded by a grant awarded to the District Attorney’s Office by OCFS. With this funding,
our Office employs an Investigations Information Coordinator (IIC) who facilitates the sharing of records and information and the
scheduling of interview and medical examination appointments. The IIC works with prosecutors to screen SCR reports for signs of
possible crimes against children and actively refer such matters to the local police for follow up investigations. In 2008, 429 cases
were opened by the IIC.
Members of the MDT work together to limit the number of forensic interviews and facilitate state-of-the-art medical examinations of
the child at the CAC. This child-friendly approach guarantees that children receive compassionate intervention from a team of
highly skilled professionals. At the heart of these investigations is the CAC, which has been recognized as only one of eight New
York Centers of Excellence by the Child Abuse Medical Providers program. In addition, OCFS has recognized the County’s progress towards accreditation of its CAC by awarding increased funding to support the MDT and CAC in 2009.
People v Jamall Cherry
On February 5, 2008, Jamall Cherry, a 27 year old
man, approached his 10 year old neighbor at their
building’s elevator while she was on her way to a
friend’s apartment. The defendant asked the girl to
stop by his grandmother’s apartment. Since the
victim knew the defendant as a neighbor she agreed
and upon arrival at the grandmother’s apartment
she was sexually abused. The following day, the
defendant sent the victim numerous text messages.
The messages were discovered by the victim’s
mother who called the Yonkers police. The Yonkers
police assisted by an Assistant District Attorney
from the Child Abuse Bureau interviewed the child
victim. The Yonkers police elicited defendant’s admission to the crimes committed against the child.
Jamall Cherry was indicted for the crime of sexual
abuse in the first degree and pled guilty as charged.
In November 2008 the defendant was sentenced to 5
½ years in state prison.
People v Bibi Safeena Zaman
Bibi Safeena Zaman, a nanny, was convicted of reckless assault of a child in the first degree for violently shaking an 18
month old child left in her care. On April 7, 2008 at approximately 1:50 p.m. Zaman called 911 to report that the child had
fallen down a flight of stairs. An investigation commenced
by the Multi-Disciplinary Team consisting of the Greenburgh
police, the Child Abuse Bureau, Child Protective Services
and the Children’s Advocacy Center proved that the child’s
injuries were inconsistent with the nanny’s original account.
The victim suffered from injuries that included a subdural
hematoma and diffuse retinal hemorrhages. The nanny subsequently confessed to Greenburgh police that she had violently shaken the baby. Shaken baby syndrome can lead to
numerous, potentially life long developmental injuries but the
child victim in this case, thankfully, is expected to make a full
recovery. Zaman pled guilty as charged to reckless assault
of a child in the first degree. She was sentenced in October
2008 to 2 years in state prison and is expected to be deported
upon completion of her prison sentence.
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oint Enforcement Team for Failure to Pay Child Support - Since 2001, the NYS Office of Temporary and Disability Assistance has provided funding for a Joint Enforcement Team (JET) that prosecutes individuals who commit the crime of failing
to pay child support. Under the JET program, a District Attorney investigator and prosecutor work in tandem with the Office
of Child Support Enforcement Case (OCSE) to identify persons who willfully fail to make child support payments. As a result of
this program a number of delinquent parents are compelled to make substantial child
support payments directly to OCSE. Since the inception of the JET program, 141 deJET C OLLECTIONS
fendants have been prosecuted and $2,168,052.84 in child support payments has
397,026 423,572
347,812 339,607
been collected. In 2008, the JET program, in collaboration with the OCSE collected a
total of $423,571.88, including both arrears and continuing support obligations.
In 2008, the persistence of the JET enforcement team led to the apprehension of
Francis McElduff, a fugitive on an outstanding warrant since December 2006.
McElduff had not made a single child support payment for several years and was in
2005
2006
2007
2008
arrears more than $200,000. As a result of our prosecution, McElduff began making
child support payments and admitted his guilt. His sentence will include continued payment of child support through Probation.
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ELDER ABUSE
he essence of elder abuse is that it involves harms to particularly vulnerable victims by people the older person knows
or with whom they have a relationship, such as a spouse, partner or family member, a friend or neighbor, or people that
the older person relies on for services. Elder abuse involves a single or repeated act, or lack of appropriate action, that
usually occurs within a relationship where there is an expectation of trust, which causes physical or
financial harm or distress to an older person.
With older individuals representing one of the fastest growing populations in Westchester County, the
Elder Abuse Bureau seeks to enhance elder abuse prosecutions by educating law enforcement officials and first responders on the requirements of building evidence based elder abuse cases. Working
with the Westchester County Elder Abuse Coalition, the Bureau spearheaded a series of training sessions at the County Police Academy for law enforcement personnel from throughout the County who
are regularly engaged in the investigation of elder abuse cases. The training sessions were geared
toward providing these experienced law enforcement officials with a refresher course in elder abuse,
as well as alerting them to recent changes in the penal law with respect to elder abuse prosecutions.
The Bureau and the Coalition organized elder abuse training sessions for emergency medical services, fire department emergency
medical technicians, and other first responders, many of whom are volunteers. In order to maximize attendance and accommodate the volunteers’ schedules, we held these training sessions in the evenings at the County Department of Emergency Services.
Attendees were provided information regarding the members of the CoaPeople v Alfred Sturdivant
lition and our Office and the role each member plays in responding to
allegations of elder abuse. Elder abuse prosecutors also explained the On August 24, 2006, Alfred Sturdivant, a life long
critical role that first responders have in gathering evidence in elder drug abuser, brutally beat his 81 year old mother
abuse cases, and suggested steps that first responders can take to pro- in her Mount Vernon home and fled the scene,
leaving the elderly victim to be found by another
vide compassionate and efficient assistance to the victims.
family member, bloody on the floor. The victim
Focusing on community education as a means of preventing crimes
sustained orbital fractures and a scalp hemaagainst the elderly, the District Attorney’s Office collaborated with toma. Mount Vernon police investigated the
other agencies of the Coalition in creating Senior Crime Busters. This case and throughout the pendency of the invesproactive elder fraud and crime prevention program brings together tigation and the prosecution an Assistant DisAssistant District Attorneys and representatives from other Coalition trict Attorney maintained a close relationship
agencies, including the Westchester County Departments of Senior with the elderly victim. The assistant who vertiPrograms and Services, Consumer Protection, Social Services and cally prosecuted the case also provided referrals
Public Safety, to present information and advice on staying safe and to elder abuse agencies based on the victim’s
avoiding on line and other financial fraud. In addition to these Senior needs. Defendant was indicted for assault in the
Crime Buster presentations, the District Attorney’s Office participated first degree and pled guilty as charged. In Noin six additional panel discussions for community organizations on vember 2008, the defendant was sentenced to 8
years in state prison.
preventing, recognizing and prosecuting elder abuse.
As part of the District Attorney’s commitment to improving elder abuse
prosecutions, the Bureau continued to work closely with Adult Protective Services. The simplified case referral system first put into
place in 2007 enables prosecutors to become involved in elder abuse cases much earlier in the process, resulting in more favorable outcomes for the victims and witnesses involved.
APPEALS & SPECIAL LITIGATION
In 2008, the Office disposed of 182 felony appeals in the intermediate appellate courts, winning 181 of those cases for a success
rate of 99.45%. The single “unsuccessful” appeal resulted in a retrial, which culminated in the defendant being convicted of a class
B felony and sentenced to eight years in state prison. The Appeals Division filed 117 appellate briefs in 2008, 65 of which involved
convictions for violent crimes and/or repeat offenders.
In 2008, the Office served as lead counsel for the District Attorneys Association of the State of New York (DAASNY) in the filing of
amicus curiae briefs in four cases having state and nationwide significance to the criminal justice system, including one case in the
United States Supreme Court.
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Of singular importance to prosecutors across the country is the case of Van De Camp v Goldstein, which was argued during the
Supreme Court’s October 2008 term. Adopting arguments advanced by this Office on behalf of DAASNY, the Court clarified and
reaffirmed the longstanding principle that absolute immunity attaches to a prosecutor’s actions when those actions are “intimately
associated with the judicial phase of the criminal process,” even when the prosecutor’s conduct is tied to the arguably
“administrative” tasks of training, supervision or information system management.
Goldstein filed a “section 1983” action against supervisory prosecutors in the Los Angeles County District Attorney’s Office alleging
a failure to properly train or supervise trial prosecutors or to establish an information system containing potential impeachment
material about informants. In a unanimous opinion, the U.S. Supreme Court rejected Goldstein’s argument, finding that, while
Goldstein was challenging administrative procedures, those procedures and the associated management tasks of how and when
to make impeachment information available at trial, are “directly connected with a prosecutor’s basic trial advocacy duties,” the
performance of which are entitled to absolute immunity.
The holding in the Goldstein case reaffirms the long held view that absolute prosecutorial immunity in the performance of prosecutorial duties is essential to the exercise of independent judgment required by the public trust. It also represents a continued recognition of the need to protect prosecutors from harassment by unfounded litigation, which not only deflects the prosecutor’s energies from his or her public duties, but exposes the County and other municipalities (and the taxpayers) to the substantial costs
associated with defending against unwarranted and unjustifiable lawsuits.
he Criminal Law News - In furtherance of her ongoing commitment to
collaboration and cooperation among and between the District Attorney’s
Office and local law enforcement agencies, in November 2006, the District
Attorney reintroduced The Criminal Law News, a newsletter originally introduced
under the Administration of the late Carl A. Vergari. With the periodic publication
of this newsletter, which is distributed electronically to our partners in law enforcement, we hope to contribute to the continuing education of the County’s law
enforcement community by providing useful and practical information to assist
them in serving the public safety needs of the community. To this end, in 2008,
we published two “legislative editions,” devoted to updating local law enforcement agencies on changes in the law that impact their day-to-day operations,
and providing a summary of legislation involving the criminal justice system. In
2008, we covered the introduction, for the first time in New York, of a new human trafficking and labor exploitation law, as well as laws strengthening protections against sex offenders and internet predators. We also covered new legislation designed to provide additional protections for children and elderly victims
from predatory crimes, domestic violence, mortgage fraud, internet crimes and
identity theft.
egislation - Through its collective voice, the DAASNY and the Westchester County District Attorney's Office lent its support
to several key pieces of criminal justice legislation, including the enactment of the Electronic Security and Targeting of
Online Predators Act (“e-STOP”) which will strengthen our ability to track online predators. “e-STOP” requires sex offenders
registering under SORA to provide more information about their internet accounts and access providers so that online predators
may be more easily identified; empowers internet providers to prescreen and remove registered sex offenders and alert governmental authorities to public safety threats; and precludes registered sex offenders from using well-known commercial social networking websites such as MySpace and Facebook.
Mindful that crime generally increases in times of economic hardship, such as our nation is now experiencing, the Office supported
the State Legislature’s efforts to address financial crimes ranging from identity theft and defrauding of vulnerable elderly victims, to
the newly enacted Penal Law Article 87, which establishes the crime of residential mortgage fraud. We also supported new legislation to create new offenses and/or increase the severity of certain offenses, which because of the intent of the perpetrator or a
particular vulnerability of a victim are especially reprehensible.
Legislative highlights in 2008 include an amendment to Penal Law § 240.31 to include the depiction of a noose, which is commonly exhibited as a symbol of racism and intimidation, in the crime of aggravated harassment in the first degree, a class E felony.
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Penal Law § 120.05 was amended to make the assault of a victim 65 years of age or older, by an assailant more than 10 years
younger than the victim, a class D violent felony. By elevating a misdemeanor assault to a felony when the victim is a senior, and
thereby increasing the available term of imprisonment seven-fold, this new law seeks to deter predatory attacks on this vulnerable
population.
In another effort to protect the elderly, this Office actively supported an amendment to Penal Law § 190.65 [1] [c] to elevate what
would otherwise constitute the offense of scheme to defraud in the second degree to scheme to defraud in the first degree, a class
E felony, when more than one of the offender’s intended victims is a “vulnerable elderly person,” defined as a person 60 years old
or older who is suffering from a disease or infirmity associated with advanced age to such a degree that he or she cannot adequately provide for his or her own health or personal care.
The Westchester County District Attorney's Office, in its capacity as a member of the Legislative Committee of the DAASNY, also
offered advice to the Governor’s Office on the passage of a new Penal Law provision which makes the obstruction of a 911 call
punishable as a form of criminal mischief. Penal Law § 145.00 (criminal mischief in the fourth degree) now makes it a misdemeanor offense for any person to obstruct a 911 call by intentionally disabling or removing a “communication device” (regardless of
ownership) from a person who is attempting to seek emergency assistance for themselves or another individual.
Plastic Knuckles - Also in 2008, the Westchester County District Attorney's Office worked closely with Assemblyman Michael
Spano of Yonkers in drafting legislation to make possession of plastic knuckles a crime in New York. Historically, the possession of
metal knuckles (commonly known as brass knuckles) has been a per se crime in New York. Recognizing a possible
loophole in the criminal laws of several states, including New York, regarding the possession of metal knuckles,
manufacturers of plastic knuckles (composed of acrylic, nylon and Lexan) began an aggressive internet campaign for
the marketing and sale of low cost plastic knuckles, purportedly for use as novelty items, paper weights, belt buckles
and stage props.
These knuckles, which are manufactured to look and feel remarkably like metal knuckles, are every bit as lethal as
traditional brass knuckles. Of great concern to our Office was the fact that plastic knuckles can slip easily through
metal detectors at schools, airports and other secure locations, thereby placing a potentially lethal weapon in the hands of would-be
bullies, terrorists and other criminals.
Thus, in recognition of the threat to the public safety, particularly in our schools and airports, posed by this potential loophole in the
law, Penal Law §§ 10.00 [12] and 265.01 [1] were amended to include plastic knuckles as a deadly weapon.
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COMMUNITY OUTREACH
PROTECTING WESTCHESTER’S YOUNG PEOPLE
orking With Teens To Prevent Gun Violence - In October 2008, the District Attorney’s Office collaborated with the
Yonkers and Mount Vernon school districts and police departments in a broad effort to address gun violence among
young people. The District Attorney met with groups of student leaders from Mount Vernon High School and the Yonkers
Student Leadership Council, to ask their assistance. Assistant District Attorneys introduced CARGO (“Community Awareness Regarding Guns and Other Violence”), an interactive gun violence presentation, in every 8th grade class in both Mount Vernon and
Yonkers. In addition to discussing the legal consequences of gun possession or use, the prosecutors engaged students in a conversation about the danger that they could be injured or killed as a result of gun violence and stressed the importance of reporting information about guns to a responsible adult. In all, Assistant District Attorneys conducted CARGO workshops in 85 8th
grade classrooms, reaching over 3000 young people.
AVERICK – Helping Parents Keep Their Kids Safe - The District Attorney developed Mothers Against Violence: Encouraging
Responsibility in Community Kids (MAVERICK) in response to
the frustration that many parents feel at the prominence of negative community influences on their children. In the pilot MAVERICK presentation
at the Nepperhan Community Center in Yonkers in 2008, parents heard
from police and community leaders about gangs, law enforcement approaches, and community resources that can offer an alternative to a
young person at risk of engaging in negative behavior. Similar presentations, offering resources specific to different communities, are planned for 2009.
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een Drinking and Drug Abuse - The District Attorney’s Office approaches the problem of teen drinking and drug
abuse not just as a law enforcement issue, but as a shared community responsibility to protect our young people. The
District Attorney collaborated with Student Assistance Services Corporation (SAS) and the National Road Safety Foundation to produce “Let’s Talk – Parents and Teens”, a 13-minute DVD intended for parents of teens who are entering high
school. This film offers advice on constructive conversations with teens on alcohol and drug use, and on appropriate limits on
teens’ behavior. Starting in the fall of 2008, copies of the DVD have been made available to 9th grade parents in Westchester
County at no cost to schools or parents, thanks to the generous underwriting of the National Road Safety Foundation.
The District Attorney is co-chair, along with the County Executive, of the Westchester Coalition for Drug and Alcohol Free
Youth, an umbrella organization dedicated to reducing drinking and drug use among teens. In 2008, this countywide coalition
conducted 20 trainings for law enforcement, medical personnel, school administrators, student leaders, clergy and parents;
each of its 15 local coalitions held 4-5 training and prevention events.
Along with the Westchester Coalition for Drug and Alcohol Free Youth and SAS, the District Attorney’s Office sponsored
“Getting on the Same Page – What Every Parent Should Know”, a program on proms and graduation parties created to offer
advice and information to 11th and 12th grade parents. This presentation included the District Attorney, the County Executive,
a school superintendent, an emergency room nurse, and representatives of SAS, the Westchester County Police, and the
Westchester County Taxi and Limousine Commission. In addition to discussing the health and safety risks of alcohol and
drug use, and the potential liability of party hosts when alcohol and drugs are present, the panelists addressed topics specific
to proms and graduation parties, including Westchester County’s enhanced law enforcement efforts directed at limousines
and party venues. Panelists stressed the need for parental involvement in planning these parties, in order to ensure safe and
appropriate spring celebrations.
Recognizing that teens themselves see the effects of alcohol and drugs on the lives of their peers, the District Attorney’s Office collaborated with the County Executive, Westchester BOCES, and Peer to Peer Media in the Collateral Damage media
campaign. This project involved public service advertisements designed by high school students, run on teen friendly stations
such as MTV, ESPN and BET, presenting the adverse personal impact they have seen drug and alcohol abuse have in the
lives of their peers.
The District Attorney’s Office also partnered with SAS to present a panel for high school parents entitled “Teens, Drugs and
the Law.” These presentations include the District Attorney or an Assistant District Attorney, a representative of SAS, a doctor, and a police officer who discuss the legal, social, and medical consequences of teen use of drugs and alcohol. In 2008,
there were 15 Teens, Drugs and the Law presentations, with over 600 parents in attendance.
Because medicines found in the home are a growing source of drug abuse by children and
teens, the District Attorney’s Office has worked with PTA’s and the Westchester Coalition for
Drug and Alcohol Free Youth in presenting “Parents: Today’s Unsuspecting Drug Dealers”. This
workshop for parents of middle and high school students raises awareness of the potential danger to young people of abusing prescription and nonprescription drugs in the home. In 2008, the
District Attorney’s Office presented the workshop at 4 schools, to approximately 120 members of
the community.
As the Office has done in past years, we mailed 2,500 age calculator placards were mailed to all licensed vendors of alcohol
in Westchester County. These signs assist stores, restaurants and bars in making clear to the public that they will sell alcohol
only to those 21 years of age and older.
In collaboration with the New York State Police, the Westchester County Police, the New York State Department of Motor
Vehicles and the New York State Liquor Authority, the District Attorney’s Office sponsored and participated in the training of
premise sellers of alcohol in the town of Cortlandt, with the goal of reducing sales of alcohol to minors in the town.
rosecutors in Westchester Schools - The District Attorney’s Office has an active presence in Westchester schools,
with Westchester County prosecutors conducting discussions and workshops in elementary, middle and high school
classrooms. In high schools, Assistant District Attorneys present our PRO-LAW curriculum, a series of interactive
workshops that prompt discussion of legal issues on violence, drugs, alcohol, date rape, cyber crime, teen pranks, and search
and seizure. In 2008, Assistant District Attorneys conducted 181 PRO-LAW sessions, reaching an audience of approximately
4,525 students.
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In middle school classrooms, Assistant District Attorneys present workshops on bullying prevention. In addition to the typical
physical, verbal and non-verbal behavior that constitutes bullying, our workshops also focus on cyber bullying and the potential
for violent real life repercussions of online intimidation and harassment. The importance of anti-bullying efforts is underscored
by national studies that have found a disturbing connection between bullying in middle school and adult criminal behavior. In
2008, prosecutors from the District Attorney’s Office conducted 29 bullying prevention classes, reaching approximately 725
students.
Prosecutors present “Kids & the Law” to 5th grade students. This program is a 3-session mock trial conducted by students,
based on a fairy tale and intended to familiarize students with the criminal justice system. In 2008, this program was presented
in Davis Elementary School in New Rochelle, reaching 25 kids.
In addition to these presentations, in 2008, Assistant District Attorneys participated in 3 school career days, worked in partnership with the Supervising Judge of the 9th Judicial District to provide court tours and presentations to 18 groups of students
ranging in age from 10 to 18; took part in 2 Anti-gang Violence Workshops; and participated in 3 weekend fairs for parents in
Yonkers.
outh Court - In collaboration with the Yorktown police, school
districts, court and community groups, the District Attorney’s
Office provided 32 hours of training for young people, ages 12 to
17, who volunteer to work in Yorktown’s youth court. Youth court cases
involve first time offenders who are 16 years of age or younger, and
who are accused of conduct such as trespassing or writing graffiti.
Westchester County Probation diverts cases it deems appropriate to
youth court, rather than prosecuting them in Family Court. With advice
from an Assistant District Attorney, youth court volunteers fill the roles
of the judge, prosecutor, defense attorney and court personnel, and
conduct a trial or accept a guilty plea in the matter. Typical penalties
imposed in youth court include a letter of apology, or a number of hours
cleaning graffiti or performing other community service. The matter is concluded with no further proceedings or record of conviction if the accused student complies with the penalty imposed. In 2008, the District Attorney’s Office provided training for 50
young volunteers in Yorktown youth court; these volunteers handled 9 cases. The District Attorney’s Office also assisted in the
planning stages of the Ossining youth court in 2008.
hild Abduction Prevention - The District Attorney’s Office collaborated with school districts and PTA’s across the
county to offer presentations for parents of young children on keeping children safe from abduction. The presentations
educate parents on the pretexts and lures that child predators use and on protective strategies to teach children. In
2008, the District Attorney’s Office offered 2 presentations to approximately 60
parents.
rosecutor of the Year - On July 26, 2008, the New York State District Attorney’s Association honored Westchester County First Deputy District Attorney
Maryanne Luciano with their Executive Prosecutor of the Year Award. The
award is given to a New York State prosecutor who exemplifies strong leadership and
is responsible for innovative and important programs which have enhanced criminal
justice throughout the state.
Ms. Luciano, who serves as Counsel to the District Attorney, is a twenty-nine year
career prosecutor, who in addition to helping shape state law through the litigation of twenty-one New York Court of Appeals cases,
has most recently been instrumental in the creation of the state approved Westchester County Child Fatality Review Team. Dozens of Ms. Luciano’s colleagues traveled to Saratoga, New York to attend the presentation.
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LEGAL TRAINING
egal Education and Training - Attorney Training: As an accredited provider of continuing legal education (CLE) programs
for attorneys, as mandated by the New York State Bar Association, the Westchester County District Attorney's Office provides ongoing legal education and training for its attorneys on all matters having relevance to the performance of their prosecutorial duties and obligations.
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In 2008, we conducted 28 CLE programs and issued 1,376 certificates of attendance to our attorneys, assisting them in fulfilling
their annual State Bar continuing legal education requirements. These CLE programs were also open to members of the District
Attorney’s Offices of Putnam and Rockland Counties and the Westchester County Attorney's Office.
In March 2008, as part of this program, our office held a panel discussion on the “Role of Judicial Ethics in Criminal Investigations.”
The panel included Honorable George D. Marlow, former Associate Justice of the Appellate Division, First Department and the
current Statewide Director of Judicial Ethics, as well as Honorable Edward Borrelli, Honorable Robert Bogel, Deborah Scalise,
Esq., and Jeremy Feinberg, Esq. This discussion was open to the entire Westchester County Bar Association.
In 2008, we further expanded our list of lecturers to include more legal practitioners from outside the District Attorney’s Office, including law professors, defense attorneys and judges. Of the 28 CLE programs offered, 14 were presented by outside lecturers,
thus providing our staff with a broader basis of knowledge and, in some cases, a differing perspective on matters relating to the
criminal justice system and the administration of justice.
raining Sessions - In our Office’s CLE program, in 2008, we began an intensive, mandatory training program for newly
hired Assistant District Attorneys. Each week, on Friday afternoons, veteran members of our staff present lectures on such
topics as local court practice, drafting accusatory instruments, speedy trial issues, discovery obligations, prosecution of DWI
cases in local court, pre-trial hearings, scientific evidence and ethical concerns. The knowledge, training and experience imparted
to our new attorneys at these sessions better prepares them to effectively prepare cases and hone their trial advocacy skills as
they prepare to actively prosecute cases in the local criminal courts. In 2008, the District Attorney’s Investigators received 32
separate training sessions on topics including child abuse, elder abuse, financial investigations, armed encounters training, interview and interrogation, firearms training and qualification and suicide awareness. They also participated in the New York State
Police homicide investigation training course.
Internship Programs - In 2008, the District Attorney continued her commitment to providing young people with a hands-on opportunity to learn about and experience the criminal justice system, and to foster and encourage their ambitions to pursue a career in
the law.
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Honor Externs - In 2007, for the first time in its history, the District Attorney’s Office succeeded in obtaining a practice order from
the Appellate Division, Second Department. The order, which runs from January 1, 2007 to January 31, 2009, allows law students, participating in our Honors Externship Program, to actually participate in the prosecution of criminal cases. All participants
receive intense training at their law schools, followed by a shadowing process in which they observe Assistant District Attorneys in
the courtroom. In time, depending on their comfort level, the students are given the opportunity to conduct court calendar calls,
suppression hearing and misdemeanor trials. In 2008, the District Attorney’s Office sponsored 17 honor externs (16 from Pace
Law School and 1 from the University of Miami Law School), who worked a minimum of 10 hours a week for a 20 week period.
On January 21, 2009 the Appellate Division, Second Department granted our Office a new practice order which will run through
January 31, 2011.
Student Interns - Our regular internship programs draws from both law schools and undergraduate colleges and universities.
Students participating in the program are able to earn volunteer hours for their service to the Office. In 2008, 107 interns participated in our regular internship program and earned a collective total of more than 23,000 hours of volunteer credit:
• Spring Semester: 21 interns (9 law students and 12 undergraduates), each working at least 10 hours a week for a collective total of more than 4,200 hours of volunteer credit.
• Summer Semester: 31 law student interns, each working full-time for eight weeks for a collective total of 9,920 hours of
volunteer credit; and 31 undergraduate interns, each working 14 hours a week for eight weeks for a collective total of
3,472 hours of volunteer hours.
• Fall Semester: 24 interns (16 law students and 8 undergraduates), each working at least 10 hours a week for a collective
total of approximately 4,800 hours of volunteer work.
In 2008, the District Attorney’s Office hosted the summer fellows of New York Legal Education Opportunity (LEO), an initiative
of the New York Judicial Institute that offers academic preparation and professional development opportunities to incoming
minority and educationally disadvantaged law students. The LEO fellows met with the District Attorney, who encouraged
them to pursue careers as prosecutors, and with Assistant District Attorney’s, who shared their own law school and in court
experiences.
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High School Interns - In 2008, the District Attorney’s Office also sponsored 13 exceptional high school students as part of its
internship program (10 in the summer and 3 in the fall), each of whom worked a minimum of 50 hours and earned a collective total
of 650 hours of volunteer credit.
The District Attorney’s Office hosted high school students participating in the Westchester County Bar Association’s Diversity
Committee Summer Fellow program. These students toured the courthouse and spent an afternoon discussing legal careers
with an Assistant District Attorney.
raining Other Agencies - In 2008, the District Attorney's Office continued the practice of offering training sessions to outside law enforcement agencies on topics that are integral to the proper administration of justice and the successful prosecution of crimes.
In 2008, 12 Assistant District Attorneys offered training sessions to police officers, both new and experienced, at the Westchester
County Police Academy in Valhalla, New York, on a variety of subjects including sex abuse, elder abuse, child abuse, human trafficking and case preparation. The Office also participated in a police training program involving a mock crime scene investigation
and a mock trial involving twenty experienced officers.
On January 25, 2008 and December 1, 2008, the Office conducted training sessions for recent graduates of the Police Academy
on how to identify, investigate and collect evidence in animal cruelty and animal fighting cases. An Assistant District Attorney and
expert on animal fighting from the Humane Society lectured at these events, which were attended by representatives from 43 local
police departments.
In the same vein, the Office continued its Anti-Animal Cruelty Program with presentations to more than 240 fifth grade students in
three grammar schools in Yonkers. Presentations were made by an interdisciplinary team consisting of a representative of the
District Attorney’s Office, the SCPA and a veterinarian. The goal of the program is to educate middle school children about the
harm occasioned by animal cruelty and to encourage them to report any incidents of cruelty they may witness.
In 2008, the Office joined the New York State Department of Motor Vehicles, the New York State Liquor Authority, and the Westchester County Stop DWI Program in an alcohol vendor training program designed to stop underage drinking. Presentations were
made to 35 trainers from various local police departments, who were then asked to impart program information and techniques to
colleagues in their respective departments.
olice - In collaboration with the County Executive, DARE and the Westchester County Youth Officers Association, the
District Attorney’s Office participated in the first training for youth officers on “Over the Counter and Prescription Drug
Abuse.” The goal of the training was to educate police on the new developments in abuse of prescription and nonprescription medicines by adolescents. Approximately 50 youth officers, representing more than 30 communities, participated in
this training.
peakers Bureau - Assistant District Attorneys address a wide variety of audiences in Westchester County, including
parent, business, religious, veteran, senior citizen and neighborhood groups, on topics such as economic fraud, internet safety, bias crime and neighborhood safety. In 2008, prosecutors made 79 presentations to community groups.
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P
S
FOR NATIONAL SAFE SCHOOLS WEEK IN 2008
WESTCHESTER COUNTY DISTRICT ATTORNEY
JANET DIFIORE AND YONKERS PUBLIC SCHOOL
SUPERINTENDENT BERNARD P. PIERORAZIO PRESENTED ANTI-GUN VIOLENCE WORKSHOPS TO MIDDLE AND HIGH SCHOOLS STUDENTS. THEY DISCUSSED THE IMPORTANCE OF PROTECTING CHILDREN AGAINST VIOLENT CRIME, THE RAMIFICATIONS OF POSSESSING HANDGUNS AND THE ROLE
THAT YOUNG PEOPLE CAN PLAY IN REDUCING
GUN VIOLENCE.
PHOTO COURTESY OF YONKERS PUBLIC SCHOOLS
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2008 POLICE ATHLETIC LEAGUE OF YONKERS POSTER CONTEST
WESTCHESTER COUNTY DISTRICT ATTORNEY JANET DIFIORE, THE HOMICIDE BUREAU AND
NEW CASTLE POLICE DETECTIVES ANNOUNCING IN NOVEMBER 2006 THE CONVICTION AFTER TRIAL OF
CARLOS PEREZ-OLIVO FOR THE MURDER OF HIS WIFE ON ROUTE 100 IN MILLWOOD.
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The Westchester County District Attorney Janet DiFiore and Assistant District Attorneys met with incoming law students in the New York Legal Education Opportunity (NY LEO) program in June 2008. The NY LEO fellows left with information and encouragement about internships, summer positions and professional networking (see page 40).
J ANET D I F IORE
D ISTRICT A TTORNEY
Westchester County District Attorney's Office
Richard J. Daronco Courthouse
111 Dr. Martin Luther King Jr. Blvd.
White Plains, New York 10601
(914) 995-3414
http://www.westchesterda.net