New York Criminal Defense Attorney Blog

In what appears to be a continuing effort by the U.S. Supreme Court to limit the rights of criminal defendants, the Court ruled on February 24 that the police may continue questioning of a suspect after he has invoked his Miranda rights, as long as they wait 14 days to continue their interrogation. The case, Maryland v. Shatzer, involved a Maryland man who was suspected of sexual abuse and was in prison for another crime. While Shatzer was in prison, he was questioned by a police detective and invoked his rights under Miranda v. Arizona, refusing to answer questions without an attorney present. However, two and a half years later, with Mr. Shatzer still in prison, another detective approached him and began questioning him after he had waived his Miranda rights related to the same incident involving his son.

Mr. Shatzer's lawyers argued before the Supreme Court that any statements made by Shatzer during the second questioning should be suppressed as he had previously asked for a lawyer during the original interrogation, and that Miranda prohibited re-questioning under those circumstances without a lawyer present. In a decision written by Justice Antonin Scalia, the Court found the main issue to be whether the prohibition in further questioning after Miranda rights is "eternal." Scalia noted that the reason repeated attempts at questioning was forbidden was to prevent "badgering" of a suspect while a crime was under investigation. However, using a completely arbitrary 14 day standard, the highest Court ruled that two weeks "provided plenty of time for the suspect to get acclimated to normal life, to consult with friends and counsel, and to shake off any residual effects of his prior custody." Interestingly, even the most conservative member of the Court, Clarence Thomas, questioned the arbitrary 14 days rule in his concurrence. In Thomas's view, any break in custody would be sufficient to allow questioning to continue--no surprise there.

Despite the fact that no one would wish to protect child molesters in our society, and particularly if it was proven that someone abused his own son, this decision is part of a grander scheme by the conservative members of the Court-- Scalia, Alito, Thomas and Roberts, to chip away at the rights of criminal defendants long protected by such landmark decisions as Miranda, and the 1981 decision in Edwards v. Arizona, in which the Court ruled that once a suspect asks for an attorney under Miranda, the authorities may not resume questioning.

Continue reading "U.S. Supreme Court Rules Miranda Rights Don't Prevent Questioning" »

In an update to our June 20, 2009 blog entitled "Putnam County Manslaughter Charge In Brewster DWI Crash", Conses Garcia-Zacarias, the 35 year old illegal immigrant from Guatemala who pled guilty to two counts of New York vehicular homicide in the deaths of Lori Donahue and her 8 year old daughter Kayla, was sentenced to the maximum 8 1/2 to 25 years in state prison on January 13, 2010. Mr. Garcia-Zacarias had a blood alcohol content (BAC) of almost twice the legal limit of 0.08 when he drove his pickup truck on the wrong side of Main Street in Brewster and struck the mother and daughter as they were exiting the Seven Stars School of Performing Arts on Rt. 6. Reportedly, Mr. Garcia-Zacarias told a probation officer he was so intoxicated that he did not remember anything about the crash.

Mr. Garcia-Zacarias worked on numerous horse farms in the United States and was operating a Ford pickup truck owned by Valerie Renihan, a horse trainer who has claimed that Garcia-Zacarias did not have permission to operate the vehicle and stole the keys. However, neighbors near the Tonetta Lake Road house in Southeast where Garcia-Zacarias and several other men lived claimed that they would all frequently drive the vehicle. Clearly, if the Putnam County District Attorney's Office had solid proof against Renihan, she would have been charged in this tragic case as well.

In sentencing Mr. Garcia-Zacarias to the maximum jail time under New York's Penal Law, Judge James Rooney of the Putnam County Court stated to the defendant: " Do not look to me for forgiveness...God may grant you mercy, but this Court will not." After Garcia-Zacarias serves his prison term, he faces immediate removal (deportation) to his native Guatemala.

Continue reading "Maximum Jail Time In Putnam County Fatal DWI Case" »

Anthony Marshall, the 85 year old son of the late philanthropist Brooke Astor, was sentenced on December 21st to 1-3 years in jail for looting his mother's fortune. Mr. Marshall was convicted last October of first degree grand larceny, and scheming to defraud, along with twelve other counts, based on charges that he took advantage of his mother's mental frailty to get more than his share of her almost 200 million dollar fortune. Grand larceny in the first degree under section 155.42 of the New York Penal Law is defined as stealing the property of another which has a value in excess of one million dollars. It is a class B felony, punishable by up to 25 years in prison.

Prosecutors utilized testimony from high profile witnesses and friends of Ms. Astor including Barbara Walters and Henry Kissinger to establish that Marshall had manipulated his mother to change her will and had stolen priceless artwork from her walls. The defense contended that Marshall had an unrestricted complete power of attorney permitting his actions, and argued that Astor was mentally competent when she made the changes to her will. Apparently, the Manhattan jury did not accept those arguments.

Marshall got the minimum allowable sentence under sentencing guidelines. He was unsuccessful in trying to get the judge to drop the part of his conviction which required jail time, despite his lawyers' arguments that any jail time would amount to a death sentence due to his poor health.

Continue reading "New York Grand Larceny--Astor Heir Sentenced To 1-3 Years" »

Jose Arroyo, a 47 year old ex-NYPD cop and ex-Marine, was convicted by a Westchester County jury of two counts of rape and one of New York felony assault on November 24th. The jury acquitted Mr. Arroyo of two counts of felony kidnapping. The facts are that on November 14, 2008, Mr. Arroyo met the 31 year old victim at Doyle's Pub in the Bronx. The woman was visiting a friend from Texas. Mr. Arroyo apparently spiked the woman's drink with Ambien, which the evidence showed he had a prescription for. When she passed out, Mr. Arroyo took the victim to the Alexander Motel in Greenburgh, where he sexually assaulted and raped her. He then took several nude photographs of the victim.

The defense was that the sexual relations were consensual and that Mr. Arroyo did not drug the victim. The problem with this defense was that the victim is a lesbian and testified that she never would have consented to sexual relations with any man. Further, the jury was provided a security video from Doyle's Pub which apparently showed Mr. Arroyo moving his hand over the woman's drink, stirring the drink, and then handing it to her. During deliberations, the jury asked to see the video several additional times; this video obviously played a large part in the conviction.

Mr. Arroyo is incarcerated in the Westchester County Jail. He is scheduled to be sentenced on January 20, 2010 and faces a maximum jail term of 25 years on the rape charges.

Continue reading "Westchester County Jury Convicts Ex Cop In Rape Case" »

A Westchester County Grand Jury will be convened soon to determine whether there is enough evidence to indict former New Rochelle Police officer James Pileggi on a second degree manslaughter charge. The facts are both shocking and particularly tragic. It is alleged that on November 3rd, Officer Pileggi was demonstrating the laser function of his 9 mm Glock to a boyhood friend, Andre Everett, when the gun accidentally discharged, and Everett died later that night at Sound Shore Hospital at the age of 27.

Pileggi waived his right to a felony hearing, and his attorney has indicated that Mr. Pileggi may testify at the grand jury, which is always a risky decision, and an opportunity that many defendants forego, in the hope that the prosecution will fail to convince the grand jury to indict.

New York Second degree manslaughter is a Class C Felony under the New York State Penal Law, and carries with it a potential jail term of up to 15 years. Pileggi is free on $50,000 bail, and has resigned from his position with the Eastchester Police Department, where he was employed for 2 years.

Apparently, a New York City lawyer has filed a notice of claim against the Eastchester Police Department and Mr. Pileggi, alleging wrongful death, which is the first step in commencing a civil lawsuit.

Continue reading "Westchester County Grand Jury to Decide Ex-Cop Pileggi's Fate" »

Bernard Kerik, the former New York City Police Commissioner under Rudy Giuliani, pled guilty to eight felonies in federal court in White Plains on November 5, 2009. Kerik was facing potential jail time of 61 years for a combination of charges including tax fraud, submitting false statements on a mortgage application, and lying to White House officials in 2004 when he was under consideration for secretary of the Department of Homeland Security. Regarding the latter charge, apparently Mr. Kerik had received more than $200,000 in apartment renovations from Interstate Industrial Corp., in exchange for his assistance in trying to ease municipal regulations for the company, but he denied this when questioned by federal officials.

Under the plea deal, the 54 year old Kerik is likely to serve between 27 and 33 months in prison. He will be sentenced in U.S. District Court by Judge Steven C. Robinson on February 18, 2010.

Contact the White Plains criminal defense lawyers at the Law Office of Mark A. Siesel online or toll free at 888-761-7633 for a free consultation if you are charged with a New York felony, misdemeanor, violation or traffic infraction.

Plaxico Burress, the 32 year old ex-New York Giant wide receiver who caught the winning touchdown pass in Super Bowl 42, pled guilty on August 20th to attempted weapons possession and will serve two years in prison. Burress, who will be sentenced on September 22nd, took the plea to avoid a mandatory 3 1/2 year sentence if he was convicted of NY illegal weapons possession arising out of his arrest last November when he accidentally shot himself in the leg with an unlicensed Glock automatic pistol.

Prior to the plea deal, Mr. Burress testified before a grand jury, during which he admitted to possessing and firing the pistol. In most cases, defendants are advised to not testify before a grand jury, as it provides the prosecutor with an opportunity to obtain damaging admissions prior to trial.

After his sentencing on September 22nd, Mr. Burress will reportedly be sent to Downstate Correctional Facility in Fishkill, a maximum security prison, to determine where he should be incarcerated. With good behavior, Burress can reduce his sentence by three and a half months.

Continue reading "New York Illegal Weapons Possession Plea For Ex-Giant Burress" »

In a follow up to an article we published last December, former New York Giants wide receiver Plaxico Burress testified before a grand jury yesterday on a New York illegal weapons charge. Burress was charged with two counts of illegal weapons possession last December after an incident in the Latin Quarter Nightclub when he accidentally shot himself with a Glock semiautomatic pistol he had in his waistband.

Pursuant to Section 265 of the New York Penal Law, the illegal weapons charges could land Burress in prison for up to 3 1/2 years, and apparently, Manhattan District Attorney Robert Morgenthau is insisting on jail time for the ex-star. Burress has been out on $100,000 bail since last December, and there was widespread speculation that Burress would work out a plea deal in which he would not have to serve any jail time. However, since the DA's office is pushing for a jail sentence, Burress decided to take his chances and testify before the grand jury, which will decide whether to indict Mr. Burress on the charges.

Continue reading "Ex-New York Giant Burress Testifies Before Grand Jury" »

Conses Garcia-Zacarias, the Southeast man who was behind the wheel of a Ford F350 pickup that killed a mother and daughter in Brewster on June 8th, has been charged with first degree vehicular manslaughter, a felony, and driving while intoxicated, a misdemeanor. Garcia-Zacarias allegedly drove the vehicle with a BAC (blood alcohol content) of 0.15 percent, well in excess of the legal limit of 0.08 percent, when he struck Lori Donohue, 37, and her eight year old daughter Kayla, as they were leaving the Seven Stars School of Performing Arts on Rt. 6 in Brewster at 6:30 PM on June 8th. Garcia-Zacarias does not have a license and is in the United States illegally, according to authorities.

The Ford truck is owned by Valerie Ann Renihan, a northern Westchester horse trainer, who has claimed through her attorney that Mr. Garcia-Zacarias stole the keys and did not have permission to drive the vehicle. However, the lawyer did acknowledge that Mr. Garcia-Zacarias, who listed his occupation on a bail form as "horse farm", had done work for Ms. Renihan in the past.

This case has stirred debate over the twin problems of illegal immigration and unlicensed operation of a motor vehicle, especially in light of calls over the last several years to provide a path to citizenship for those who are here illegally and must operate a vehicle to go to work. Prior to his fall from grace, Governor Elliot Spitzer had offered a proposal for various types of licenses in New York State, which recognized the fact that many undocumented workers are driving vehicles and should be properly trained to do so. However, those proposals died out when Spitzer was forced to resign early last year.

Representatives of Mothers Against Drunk Driving (MADD) contend that the issue is not undocumented laborers operating motor vehicles, but rather the need for stricter enforcement and penalties for New York DWI's in that this tragedy could just have easily been caused by a United States citizen or legal resident as an undocumented worker.

Mr. Garcia-Zacarias is being held without bail at the Putnam County jail. He will be represented by Putnam County Legal Aid, according to chief attorney Patrick Brophy. The federal Immigration and Customs Enforcement has filed a detainer against Garcia-Zacarias, and in all likelihood, he will face removal (deportation) proceedings at the completion of any criminal sentence against him if he is convicted, or immediately if the charges are not proven.

Continue reading "Putnam County Manslaughter Charge In Brewster DWI Crash" »

Michael Palmieri, an orthopedic surgeon with offices in New Rochelle and the Bronx, was indicted last week on charges that he assisted a former Sing Sing correctional officer defraud the Workers' Compensation Board out of $40,000. The charges are 3rd degree grand larceny, which is defined as stealing property with a value of more than $3,000, and Fraudulent practice under the Worker's Compensation Law. The New York grand larceny charge is a felony with a maximum sentence of up to 7 years in prison.

Palmieri is accused of helping former state correction officer Leo Coletti file false injury claims of over $40,000 to the State Insurance Fund between 2004 and 2006. Specifically, it is alleged that Dr. Palmieri prepared and filed false medical reports which claimed that Coletti was unable to work subsequent to September of 2000, when Coletti became Palmieri's patient. However, according to prosecutors, Coletti in actuality had a thriving general contracting and home renovation business during this time, and was renovating Palmieri's office and home while collecting Workers Compensation benefits.

Mr. Coletti pled guilty to grand larceny and tax fraud in 2006, and was sentenced to five years probation and ordered to pay back taxes and reimburse the Workers' Compensation Board. Prosecutors alleged that Coletti collected more than $110,000 in benefits and compensation while earning close to a million dollars in his home improvement business during the same period. It is unclear why it took three years after Coletti's guilty plea to charge Dr. Palmieri.

Dr. Palmieri was released without bail and is due back in Court on June 26, 2009.

Continue reading "New Rochelle Doctor Charged With Larceny" »

A 15 year old student at Hendrick Hudson High School has been charged with raping a schoolmate earlier this year at the school in Montrose, New York. The New York first degree rape charge is a Class B felony under the New York Penal Law punishable by a sentence of up to 25 years in prison. State police arrested the unidentified teen on May 18 and indicated that the decision whether he would be prosecuted as an adult will be determined by the Westchester District Attorney's Office.

The girl reported the rape to her guidance counselor early last month, and school officials contacted police. The victim stated that she had been fondled and then raped in a school bathroom. There is no indication that the teen had a criminal record, but this is still under investigation.

The alleged assailant was held at the Woodfield Cottage Juvenile Detention Center in Valhalla until May 29, 2009, when he was released on $50,000 bond. The case is presently being prosecuted in criminal court, but as the suspect may be charged as a juvenile offender, it may be transferred to the Westchester Family Court.

Continue reading "Hendrick Hudson H.S. Student Charged With Rape" »

A Westchester County grand jury has indicted Thomas Chadeayne, of Cortlandt, on a charge of criminally negligent homicide in the death of 11 year old Michael Cody last August. The indictment arises out of an tragic accident which occurred on the Saw Mill River Parkway on July 30, 2008. Mr. Chadeayne was allegedly driving southbound on the Saw Mill when he attempted to make an an illegal U-turn onto the northbound lanes of the parkway near the county police headquarters in Hawthorne. Chadeayne's vehicle was rear ended by another driver, and pushed into the northbound lanes, where it struck a vehicle being operated by Michael Cody's uncle, John Predham, who was driving back home after the family had attended a Yankees game.

Micheal Cody suffered a serious head injury in this New York fatal motor vehicle accident, and died 6 days later from complications of the injury on August 5, 2008. Two other family members in the Predham vehicle were not seriously injured.

Mr. Chadeayne was arraigned on April 23rd, pled not guilty, and released on $10,000 bail. The indictment was issued after a several month investigation by the Westchester County Police and the District Attorney's Office. According to his attorney, Mr. Chadeayne has no criminal record and is the married father of two handicapped children.

Continue reading "NY Homicide Charge For Cortlandt Driver in Boy's Death" »

Former New York police detectives Stephen Caracappa and Louis Eppolito were sentenced to life in prison this month for their involvement in eight mob executions as employees of the Luchese crime family. Eppolito was sentenced to life in prison for the New York conspiracy, in addition to 100 years for offenses including money laundering, and he was fined $4.7 million. Caracappa was handed a life sentence plus 80 years, and must pay a fine of $4.2 million.

The two ex-cops were partners in New York City and were on the job for a combined 44 years. They were found guilty of secretly being on the payroll of Luchese underboss Anthony "Gaspipe" Casso beginning in the 1980's, and would use their police credentials to make traffic stops that resulted in the murder of the driver. Apparently, the two former detectives also kidnapped a man suspected in a mob hit against Mr. Casso and delivered the man to Mr. Casso, who has been accused in 36 killings. Their murderous scheme came to an abrupt end in 2005, when Caracappa and Eppolito were arrested in a drug sting in Las Vegas, where they had both retired.

At the sentencing, both men continued to deny their guilt, and Eppolito probably did not engender any good will with legendary U.S. District Court Judge Weinstein when he claimed: "I was a hard working cop...I never hurt anybody...I never kidnapped anybody...I never did any of this." A son of one of the eight murder victims stated to Caracappa and Eppolito: May you have a long life in prison."

Continue reading "Ex-Cops Get Life In Prison For Mob Hits" »