New York Criminal Defense Attorney Blog

On January 18, 2012, Steven Rivera, a 25 year old resident of Ossining, was arrested by the New York State Police and charged for his role in a fatal car accident on June 26, 2011 on Interstate 287 in Yonkers. In the incident, which police have charged was an “Unauthorized Speed Contest”, two people were killed in the vehicle Rivera was reportedly racing, Travis Clark, 27, and Jillisa McCarthy, 20. Clark was the driver of the other vehicle and Ms. McCarthy a front seat passenger.

Allegedly, Rivera and his friend Clark were racing at speeds over 100 m.p.h when Clark lost control of his vehicle and struck a signpost, tearing the post from the pavement. Initially, Mr. Rivera gave a statement to police but did not acknowledge any role in the fatal crash other than as a witness, according to the New York State Police.

Mr. Rivera is now charged with three misdemeanors. The first is “Unauthorized Speed Contest”, an unclassified misdemeanor under Section 1182 of the New York Vehicle & Traffic Law. If found guilty of this charge, the maximum penalty is up to 30 days in jail, a $300.00 to $525.00 fine, or both. He is also charged with Reckless Endangerment under section 120.25 of the Penal Law of the State of New York, which is a class A misdemeanor, punishable by up to 1-3 years in jail and a $1,000 fine. Lastly, Rivera is charged with Falsely Reporting an Incident under section 240.50 of the Penal Law, also a Class A misdemeanor with the same possible penalties.

Due to the two fatalities in this case, a New York State Police spokesperson noted that the charges against Mr. Rivera could be superseded and enhanced, depending on a determination by the Westchester County District Attorney’s Office.

Mr. Rivera has been released on his own recognizance and for the moment, his case is pending in the Yonkers City Court. If the charges against Mr. Rivera were upgraded to felonies, this would be beyond the jurisdiction of the local City Court in Yonkers and the case would be transferred to the Westchester County Court in White Plains.

Continue reading "New York Traffic Accidents-Arrest in Fatal Drag Race Case" »

In what has the potential to become one of the biggest scandals in NFL history, (and possibly in any of the major sports), Chicago Bears wide receiver Sam Hurd was arrested by Department of Homeland Security Agents on December 14, 2011 and charged with conspiring to distribute cocaine. Hurd, 26, is in his first year with the Bears and previously played for the Dallas Cowboys for 5 years. There was a 5 month investigation leading up to the arrest, which began in Dallas. Federal authorities allege that Hurd was attempting to set up a drug distribution network. There have been reports, denied by the NFL and Hurd’s defense attorney, that Hurd had a list of at least 20 NFL players that he was distributing drugs to.

Immediately upon learning of his arrest on drug distribution charges, the Chicago Bears announced that they were releasing Hurd.

The facts as they are presently reported are that Mr. Hurd arranged to meet with a man he believed to be a drug distributor on December 14th. He told the man, who was in fact George Ramirez, a special agent with Homeland Security, that he was seeking to develop a drug distribution network in which he could obtain 5 to 10 kilograms per week of cocaine, and 1000 pounds of marijuana per week at a price of $25,000 per kilogram of cocaine and $450.00 per pound of marijuana. (A kilogram is approximately 2.2 lbs.). Hurd reportedly informed Ramirez that he had been distributing four kilograms of cocaine weekly in Chicago but his supplier was not able to provide him with sufficient quantity.

After believing that they had an agreement, Hurd took possession of one kilogram of cocaine and assured the agent that he would pay for the drugs after practice the next day. When Hurd walked to his car, he was arrested when he placed the bag in his vehicle.

I have reviewed the criminal complaint and the affidavit of Agent Ramirez, which was sworn to on December 15, 2011. In the United States of America v. Samuel George Hurd III, Hurd is charged with a violation of Title 21 of the United States Code, Sections 841 (a)(1), (b)(1)(B)(ii)(II), and 846, in that he allegedly:

Knowingly, intentionally and unlawfully combined, conspired, confederated and agreed with other persons known and unknown, to possess with the intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of cocaine, a controlled substance.

Reviewing Mr. Ramirez’ affidavit, it indicates that back in July of 2011, Hurd’s associate, identified only as “T.L”, was involved in a routine traffic stop in Dallas. A search of T.L.’s car revealed bag containing marijuana and $88,000.00 in cash. T.L. informed the authorities that the money was Hurd’s, that he serviced Hurd’s vehicles and claimed that Hurd frequently left large sums of money in his vehicles. (At the time, Hurd was still playing for the Dallas Cowboys). Rather than simply forget about the money, Hurd began contacting the Homeland Security requesting a return of the $88,000. Over the next month, Homeland Security agents determined that Hurd was associated with four individuals from California who were apparently involved in narcotics trafficking and money laundering.

For the next four months, according to the affidavit, Hurd continued to pursue the drug trafficking network, and placed numerous phone calls and text messages to pursue this goal. Ultimately, Hurd arranged to meet with the “supplier” to discuss terms of an agreement and a “long term business relationship.” It was after this meeting that Hurd was arrested.

Hurt was arraigned on December 16th in Chicago and released on $100,000 bond, with the requirement that he surrender his passport and any firearms. The case will be tried in Texas, where the charges originate. If Hurd is convicted on the drug conspiracy charges, he faces up to 40 years in jail and a $2,000,000.00 fine.

Continue reading "Chicago Bears Wide Receiver Faces Federal Drug Charges" »

On December 13, 2011, Jerry Sandusky, the 67 year old former Penn State assistant football coach accused of 52 counts of sexual assault of 11 victims, made the decision to waive a preliminary hearing in the case. There was tremendous anticipation and drama attached to this hearing, as Sandusky’s attorney and Sandusky himself have denied the charges, and this would have been the first opportunity for Sandusky to confront his accusers and learn exactly what they would be testifying to in a trial of this case. The drama was heightened this week due to inflammatory statements by Joseph Amendola, Sandusky’s attorney, who accused the young men of pursuing their cases to receive compensation, stating: “What better motivation can there be than money?” Amendola further lit the flames by stating that the defense team was “in a fight to the death.”

At a preliminary hearing, unlike a trial, the purpose is to determine if there is sufficient evidence to hold the defendant for a trial of the charges against him. Thus, rather than proving the elements of the charges beyond a reasonable doubt, the prosecution only needs to establish that there is probable cause to believe that the charges are valid and can be proven in a Court of law. The defense does have an opportunity to cross examine witnesses, but not to the same extent as the full cross examination permitted during a criminal trial. The key advantage from the defense point of view is the opportunity to pin down the complainants’ testimony as to exactly what occurred, for later use in cross examination at trial if there are contradictions between hearing testimony, and testimony at trial.

Therefore, it was somewhat surprising that Sandusky chose to waive the preliminary hearing, depriving his defense attorneys of the opportunity to obtain definitive evidence of what he will be facing at trial. Considering that Mr. Amendola waived the preliminary hearing within minutes of its commencement, it appears that a last minute decision to waive the hearing was made by Sandusky and his attorney.

During an interview on NBC News, Mr. Amendola was confronted with the late waiver issue by newscaster Ann Curry, and his explanation was that he had received assurances that if the hearing was waived, Mr. Sandusky’s bail would not be increased at this time (it is presently $250,000) and he could continue to remain out of jail (on house arrest) with an ankle monitor to assure that he does not flee the jurisdiction.

Many legal analysts speculated that the reason for the waiver of the hearing was that a plea deal is in the offing. However, given Sandusky’s age of 67, and the likelihood that a plea would have to involve at least 12-15 years of jail time, it is doubtful that a plea will be accepted by Sandusky, assuming that the prosecution was prepared to offer a plea. Mr. Amendola vehemently denied that a plea deal was offered or being considered, indicating that this would amount to a “life sentence” based on Sandusky’s age.

Another explanation might be that Mr. Sandusky was fearful of the graphic nature of the allegations of abuse that might be offered by the six accusers who were prepared to testify at the hearing. In the “Court of public opinion”, Sandusky is guilty as charged, and he may have been concerned that the additional details of abuse testified to during the hearing would exacerbate an already complicated defense. If the case does reach trial, Mr. Amendola will likely attempt a motion to change venue in the case to avoid jurors who are too familiar with the case to be objective, but with the national notoriety of this case, this will be an exceedingly difficult task.

Continue reading "In A Surprise, Jerry Sandusky Waives Preliminary Hearing" »

The sexual abuse allegations against former Penn State defensive coordinator Jerry Sandusky has led to an upheaval at the renowned university and the firing of legendary coach Joe Paterno. The bigger issue presented by this scandal is the fact that in a majority of the larger colleges and universities, law enforcement is the responsibility of police personnel who report to university authorities, rather than the general public.

The substantial discretion afforded to local campus police in determining whether to refer cases to police and prosecutors answerable to the public rather than school authorities has resulted in some tragic cases in universities throughout the United States, and the promulgation of The Clery Act in 1990. The Clery Act was named for Jeanne Clery, a 19 year old Lehigh University student who was raped and murdered by another student in her residence hall in 1986.

The Clery Act, also known as the Jeanne Clery Disclosure Of Campus Security Policy and Campus Crime Statistics Act, requires all colleges and universities that participate in federal financial aid programs to keep and disclose information about crimes on and off their campuses. Enforcement of the Act is monitored by the United States Department of Education, and mandates that institutions give timely warnings of crimes that could be a threat to the safety of students and school employees. A violation of the Clery can result in fines of up to $27,000 for each violation.

Prior to the sexual abuse charges against Sandusky at Penn State, which spanned a 15 year period and at least 8 victims (although there have been numerous reports of additional victims coming forward), there have been several sexual abuse cases in U.S. colleges and universities in which the rights and interests of students received short shrift and the Clery Act appears to have been violated. These include:

Two alleged sexual assaults at Marquette University in October of 2010 and February of 2011 involving student athletes, who were allowed to meet with coaches prior to discussing the incidents with campus police. Apparently, the campus police never notified the Milwaukee Police Department about either alleged assault;

The case of an Eastern Michigan University freshman whose body was found naked from the waist down with a pillow over her head in her dorm room in 2006. The Chief of University Police shockingly found “no reason to suspect foul play” and led her parents to believe that she died of natural causes. The University kept quiet for two full months about the fact that the student eventually convicted in her murder had been previously apprehended climbing into a university building window;

An Arizona State student who was raped in her dorm room in 2004 by a football player who had been expelled from a summer class at the University for threatening and sexually harassing several women on campus. The student was readmitted to the university within weeks of his expulsion at the request of his coach.

The Eastern Michigan University case resulted in a federal investigation and lawsuit that was resolved with Eastern Michigan paying the victims’ family $2.5 million. In the Arizona State University case, the student received a settlement of $850,000 for a violation of her Title IX rights to be free of a hostile environment, with the exact statutory language of the Title IX of the Education Amendments of 1972 requiring that: “"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance..." Arizona State was also required to revise its sexual assault policies and appoint a student safety coordinator.

As for the Marquette University assault cases, they are still being reviewed by the Education Department as to Clery Act violations.

Penn State is now under investigation for its own potential violations of the Clery Act. Further, the scandal has placed the school under the scrutiny of the Education Department’s Civil Rights Division, which sent out a letter this past April to all colleges and universities that accept federal money warning them that they must take cases of sexual violence more seriously and in accordance with Title IX to prevent a hostile environment which would impede equal access to education.

Continue reading "Penn State Scandal Spotlights Campus Law Enforcement" »

The United States Attorney for the Southern District, Preet Bharara, has had a busy few months, with successful large scale prosecutions against health insurance officials, New York State lawmakers, and inside trading investment bankers. On October 27, 2011, the latest bombshell was dropped: Several former L.I.R.R. workers, including a former railroad union president, and two physicians, have been charged in a massive fraud scheme which could end up costing the U.S. Railroad Retirement Board up to one billion dollars. The charges are premised on a scheme in which former L.I.R.R. employees, who were eligible to retire on a pension at age 50, would be seen by three physicians, Dr. Peter J. Ajemian, and Dr. Peter Lesniewski, (and a third unnamed doctor who recently died), who would prepare false medical assessments in support of the employees’ disability pensions, which would be paid in addition to the retirement pensions. Allegedly, these three doctors were involved in 86% of the false disability applications. The U.S. Government alleges that the doctors were paid between $800.00 and $1,200 in cash for each false assessment and narrative reports, along with millions of dollars to perform unnecessary medical treatments.

The former employees would be able to receive disability and general pension funds which equaled their pre-retirement income. The discovery of the purported fraud was developed from videotapes of many of the defendants playing golf, tennis, working out at the gym and going on 400 mile bike rides, while having claimed that they suffered from severe and disabling back, neck and other injuries. Allegedly, surveillance video obtained by the government depicts one defendant at the gym for over two hours after claiming she could no longer walk stairs, and another defendant shoveling snow for 40 minutes after alleging that she could no longer stand for more than five minutes and had terrible shoulder and hand pain. In the case of the former railroad union president, Joseph Rutigliano, he allegedly never took a sick day, worked 570 hours of overtime in the 12 months before his retirement, and then received disability payments after his retirement in 2006. Rutigliano is also charged as a “facilitator” in assisting other employees in preparing false applications for disability benefits.

Mr. Bharara noted that: ”Employees, in many cases, after claiming to be too disabled to stand, sit, walk or climb steps, retired to lives of regular golf, tennis, biking and aerobics.” The 74 page complaint filed in the United States District Court in Manhattan on Thursday, October 27th charges the defendants under Section 18 of the United States Code, section 1347, which states in pertinent part as follows:

“Whoever knowingly and willfully executes, or attempts to execute, a scheme or artifice—
(2) to obtain, by means of false or fraudulent pretenses, representations, or promises, any of the money or property owned by, or under the custody or control of, any health care benefit program, in connection with the delivery of or payment for health care benefits, items, or services, shall be fined under this title or imprisoned not more than 10 years, or both. If the violation results in serious bodily injury (as defined in section 1365 of this title), such person shall be fined under this title or imprisoned not more than 20 years, or both;”

The defendants were also charged under section 1349, the conspiracy statute, which states:

“Any person who attempts or conspires to commit any offense under this chapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.”

It appears that one of the reasons that the scheme was uncovered was reporting in the New York Times as early as 2008 in which it was noted that the federal Government Accountability Office found that LIRR employees applied for disability pensions 12 times as often as any other commuter railroad. MTA data showed that 79% of LIRR employees over the age of 50 received disability benefits from 2004 through 2008. Additionally, the defendants seemed to have not been at all concerned that the scheme would be uncovered. The federal complaint alleges that one of those charged was receiving $105,000 in pension and disability benefits while playing tennis several times a week and golf 140 times during a nine month time frame.

The defendants were arraigned on October 27th and October 28th, with most released on personal recognizance bonds, which would be forfeited if they failed to appear in Court. If convicted on all charges, the defendants could be facing up to 20 years in prison under federal sentencing guidelines.

Continue reading "L.I.R.R. Disability Fraud Charges Filed in U.S. District Court" »

On October 12, 2011, Barbara Sheehan, the 50 year old Queens mother charged in the shooting death of her husband Raymond Sheehan, was acquitted by a Queens County jury of 2nd degree murder but convicted on a gun possession charge. The case achieved both national and international notoriety as a test of the “battered woman” defense, by which the defendant claims to have committed a violent act due to fear for her life.

The shooting occurred on February 18, 2008 in their Howard Beach, New York residence. Ms. Sheehan shot her husband 5 times using a .38 revolver. When Mr. Sheehan reached for, and then lost control of his 9 mm Glock, Ms. Sheehan grabbed that weapon before he could retrieve it and shot him an additional 6 times.

Ms. Sheehan’s defense was premised on a 17 year history of both physical and verbal abuse by her ex-police sergeant husband, who she alleges committed acts including throwing boiling hot pasta sauce at her, smashing a phone in her face, and locking her out of the house in freezing weather in her pajamas. Sheehan’s daughter Jennifer testified that her father abused her mother for years, and after the verdict, stated that even if her mother had to spend some time in prison, “she’s safe…he was going to kill her.” Raymond Sheehan Jr. called his father an abusive monster who would eventually kill their mother.

The prosecution’s focus appears to have been on the fact that Ms. Sheehan never attempted to leave her husband before the shooting, went on family vacations with him, and killed her husband to end a miserable marriage utilizing the battered woman defense to elude prison. The jury deliberated for three days, and at one point, they claimed that they were “hopelessly deadlocked”, leading to the possibility of a mistrial. However, using what is known generically (and more specifically in the federal Courts), as the "Allen charge", the judge instructed the jury to reexamine their opinions and try to reach a unanimous verdict. It is likely that the 9 woman, 3 man jury finally reached a compromise by acquitting on the much more serious murder charges and convicting on the illegal weapons possession charge.

Apparently, the jury was of the opinion that Mr. Sheehan was seriously wounded after the initial five bullets struck him, and was not a threat to her safety when she fired another six bullets from the Glock. However, if Ms. Sheehan’s accounting of events was accepted by the jury, it is hard to fathom how a violent abuser reaching for his Glock would not be a threat to her safety.

Ms. Sheehan could have faced anywhere from 15 years to a maximum of life in prison on the second degree murder charge under Section 125.25 of the Penal Law of the State of New York, which is an A1 felony. On the criminal possession of a weapon charges, she will likely be sentenced to approximately three years in prison. Although she had been free on one million dollars bail, Ms. Sheehan was immediately taken into custody after the verdict. This was somewhat surprising, since having relinquished her passport, she is not a flight risk, she has apparently appeared for all Court appearances, and has ties to the community, including her two children in Queens. Her attorney has indicated his intention to file an appeal of the gun possession charge, and Ms. Sheehan is due back in Court for sentencing on November 10, 2011.

Continue reading "Queens Mother Acquitted Of Murder But Convicted on Weapons Possession" »

Former Town of Eastchester Police Officer James Pileggi was convicted of second degree manslaughter by a Westchester County jury on October 5, 2011. Pileggi, 30, was charged in the November 3, 2009 killing of his friend Andre Everett in the driveway of Everett’s residence in New Rochelle, New York. Pileggi, who was off-duty at the time, was apparently trying to show Everett a laser device on his 9 mm Glock 26 when the gun discharged, and Mr. Everett suffered a fatal gunshot wound to the throat. He was pronounced dead at Sound Shore Hospital in New Rochelle.

Pileggi claimed that he believed that the gun was not loaded and that he had inspected the weapon to ensure it was safe. The Westchester D.A. argued to the jury that Mr. Pileggi had disregarded his training in pulling the trigger on a weapon with three other people in close proximity. They further contended that Pileggi showed conscious disregard for the safety of others and was trying to avoid accountability for his recklessness.

Pileggi had been with the Eastchester Police Department for 6 years. Several days after the shooting, he resigned from the department.

The original trial of this case in March of 2011 ended in a hung jury with 10 of the 12 jurors voting for conviction. In a criminal trial, the verdict must be unanimous, whereas in a civil trial for money damages, liability can be established against a defendant with 5 out of 6 jurors in agreement.

Second degree manslaughter under Section 125.15 (1) of the Penal Law of the State of New York is defined as: “recklessly causes the death of another person.” Second degree manslaughter is a Class C felony, with a maximum sentence of 15 years in state prison. After the conviction, Mr. Pileggi’s attorneys had requested that he be allowed to remain free on $50,000 bail, arguing that he had no criminal history and had been early for every Court appearance. However, Judge Barbara Zambelli disregarded this application and ordered that Pileggi be immediately transferred to the Westchester County jail until his sentencing on January 17, 2012.

The judge could sentence Mr. Pileggi to five years probation with time served, but it is likely that Judge Zambelli will sentence Pileggi to some jail time. There is also the likelihood that the family members of Andre Everett will commence a wrongful death suit for compensation against James Pileggi, particularly if Mr. Everett was providing financial support to either a wife, children, or parents. The other viable claim for civil damages would be for the loss of parental guidance if Mr. Everett did have children at the time of his death. However, under New York law, a family member cannot sue for the deceased’s pain and suffering, which claim dies with the death of that person, nor can they make a claim for mental and emotional pain suffered due to the death of a family member.

Continue reading "Former Eastchester Police Officer Convicted of Manslaughter" »

On September 12, 2011, David P. Rosen, the 63 year old head of MediSys Health Network, was convicted of Honest Services Fraud in a non-jury trial before the Honorable Jed S. Rakoff in U.S. District Court in Manhattan. Specifically, Rosen was convicted of providing several hundred thousand dollars in bribes to 3 New York State legislators.

Honest Services Fraud is part of a federal statute enacted by the U.S. Congress in 1988 under 18 U.S.C. Section 1346 which defines this crime as a: "Scheme or artifice to defraud [includes] a scheme or artifice to deprive another of the intangible right of honest services."

The three legislators are Democrats Anthony Seminerio of Queens, William F. Boyland of Brooklyn, and Senator Carl Kruger of Brooklyn, who received bogus, no-show contracts worth close to six hundred thousand dollars. Further, in the case of Mr. Kruger, he allegedly received proceeds from a lucrative contract with a hospice care company. Supposedly, Mr. Seminerio received almost $400,000 and Mr. Boyland received approximately $177,000.

MediSys is a non-profit sponsor of hospitals, nursing homes, and neighborhood health centers in Queens and Brooklyn. In exchange for the monies Rosen provided to the three legislators, they were charged with lobbying the State on MediSys' behalf, and delivering State money to MediSys. Federal agents had taped conversations of Mr. Seminerio, who had supposedly bragged that “…Rosen kisses my feet…they all do; without me, they wouldn't be in business.” Evidence like this led Seminerio to plead guilty to Honest Services Fraud in 2009. The original charges against Rosen, Boyland and Kruger were filed in March of 2011, which returned the issue of widespread corruption in Albany to the forefront. This corruption resulted in the conviction and removal of former New York State Senate leader Joseph Bruno in December of 2009 for mail and wire fraud.

Assemblymen Boyland and Senator Kruger pled not guilty and are headed to trial, with Boyland scheduled for a non-jury trial before Judge Rakoff on November 1, 2011 and Kruger electing to have his case heard by a jury beginning on January 17, 2012. Mr. Seminerio was convicted of fraud in an earlier case and died earlier this year while in prison. Other defendants in the case include a well known lobbyist, a hospital executive, a health care consultant and a real estate developer, who all pled not guilty and will also have their cases heard in Federal Court.

Mr. Rosen decided to "waive a jury" and proceed in a non jury trial before Judge Rakoff. He faces as much as 70 years in prison, but under federal sentencing guidelines, it is likely that Judge Rakoff will sentence Rosen to considerably less than that. For example, former Illinois Governor George Ryan was sentenced to six and one half years on similar charges, and former Enron executive Jeffrey Skilling was originally sentenced to 24 years and 4 months on similar charges. The conviction was then nullified by the U.S. Supreme Court, which sent the case back to the lower Court for further proceedings, since Skillings' conduct did not involve bribes to public officials.

Preet Bharara, the U.S. Attorney in the Southern District, said of the Rosen conviction: If there were any doubt about the pervasive nature of public corruption in Albany, today's multicount conviction of David Rosen should put it to rest once and for all...while this verdict is a very sad comment on the state of affairs in Albany, it also should send a clear message that we will pursue those who violate the public trust." Judge Rakoff called Mr. Rosen's conviction a "sad, even tragic case."

Continue reading "Hospital Executive Convicted In Bribe Scheme With NYS Legislators" »

Motorists who continue to text while driving, beware! There has been a major increase in tickets for texting while driving in 2011, in line with tougher penalties for this traffic infraction that went into effect in July of this year. Most will recall that when the texting while driving ban first went into effect in 2009, it was a secondary infraction, meaning that a police officer could only issue a ticket if he observed the driver committing another violation of the Vehicle & Traffic Law, such as speeding or disregarding a traffic control device. In July of 2011, the texting law was strengthened in a big way as follows:

1. The infraction became a primary violation, so that a police officer can issue the ticket solely based on observations of the driver composing, transmitting, accessing, saving, browsing, retrieving, sending or reading a text;
2. The infraction now results in 3 points assessed to the driver's license, which is the equivalent amount of points for a speeding ticket (1-10 miles over the speed limit), unsafe lane change, or passing through a stop sign, for example, and;
3. There is a $150.00 fine for the infraction.

In signing the new legislation on July 12, 2011, Governor Cuomo was quoted as saying: “It’s plain and simple…distracted driving leads to tragedies that have affected families all across New York. This new law will help ensure that drivers keep their eyes on the road and their hands on the wheel.” Presently, 34 states and the District of Columbia ban text messaging for all drivers. 31 states and the District of Columbia make the ban a primary infraction and 3 states continue to make the testing ban secondary, meaning that the driver would have to be pulled over for another infraction in addition to texting while driving.

The New York State Department of Motor Vehicles (NYSDMV) statistics tell the tale: In 2011, texting tickets are up 65% from 100 in 2010 to 165 to date in 2011; In Rockland County, there were 21 tickets in all of 2010, and 71 in 2011; and in Putnam County, tickets have increased 77% from 13 in 2010 to 23 in 2011. Across New York State, there were 3,248 tickets issued for texting while driving in 2010 and 4,634 in 2011 to date. Outside of the 5 counties of New York City, texting tickets increased from 1,617 in 2010 to 2,777 in 2011.

The DMV reports that driver distraction is involved in one out of 5 automobile accidents. In 2009, almost 5,500 people were killed in accidents that were attributable to inattentive or distracted motorists and more than 440,000 were injured. The Virginia Tech Transportation Institute found in 2009 that texting drivers were 23 times more likely to be involved in an automobile crash than those who did not text.

Continue reading "Texting Tickets Dramatically Increased" »

On September 13, 2011, a Westchester County Police Officer was charged along with several Transportation Security Agency officers, a Florida State trooper and several couriers in a drug smuggling conspiracy involving the distribution and sale of Oxycodone (OxyContin) from Florida to Connecticut. The Westchester County Police Officer, Michael T. Brady, 36, is alleged to have been given bribes of more than $20,000 over a several month period to permit the controlled substance deliveries to move through security at the Westchester County airport without detection by authorities.

Also charged in the scheme were two TSA officers from Palm Beach Florida, Christopher Allen and John Best, T.S.A. Officer Brigitte Jones, stationed at Westchester Airport, Florida State trooper Justin Kolves, two Westchester livery drivers, Sami Naber and Manny Babe, and three couriers who transported the drugs and cash proceeds between Florida and Connecticut. The basic allegations are that the TSA officers, along with Brady, made sure that the Oxycodone shipments and cash would avoid standard airport security. On one occasion, it is alleged that Officer Brady intervened and prevented further questioning from airport security when one of the couriers was being interviewed about his possession of almost $100,000 in cash.

The investigation was known as "Operation Blue Coast", and began in April of this year when a courier was arrested by the federal DEA (Drug Enforcement Administration) officers in Bridgeport with 6,000 Oxycodone pills, and admitted to agents that he would make several trips a week between Florida and Connecticut carrying thousands of pills each time. The courier began cooperating with the DEA, which was supplemented by surveillance and undercover officers to assist in the operation.

Officer Brady was arrested on September 13, 2011 and was released on $750,000 bond after a hearing before a U.S. Magistrate judge in Florida. On September 19, 2011, Mr. Brady appeared before U.S. Magistrate Judge Holly Fitzsimmons in Bridgeport, who allowed him to remain out on bond with the added requirement that he must wear an electronic monitoring device. If convicted of the federal charges of conspiracy to distribute Oxycodone, the defendants face up to 20 years in prison and a one million dollar fine.

According to studies conducted by the federal government’s National Survey on Drug Use and Health, prescription drugs such as Oxycodone (OxyContin), Hydrocodone (Vicodin), meperidine (Demerol), pentobarbital (Nembutal), diazepam (Valium) and alprazolam (Xanax) are second to marijuana in first time abuse by teenagers and adults in 2010. The National Institute on Drug Abuse reports that Oxycodone was responsible for 176,000 emergency room visits in 2009. Apparently, synthetic opiates such as Oxycodone and Hydrocodone are in the same class of drugs as heroin and provide a similar high and "euphoria" to abusers.

In June 2011, New York State Attorney General Eric Schneiderman stated that he was behind a bill to create an online database to record the prescription and provision of controlled substances including Oxycodone. The bill would assist in limiting overprescribing and locate traffickers with multiple prescriptions. According to Schneiderman, the amount of Oxycodone prescriptions in Westchester went up 31% between 2008 to 2010. Federal authorities maintain that Florida prescribes ten times more Oxycodone pills than all other U.S. states combined, and individual pills sell from $10.00 to $40.00 per pill on the illegal market.

Continue reading "Westchester County Police Officer Charged in Drug Ring" »

As reported by Sydney Ember of the New York Times last week, on February 3, 2011, an undocumented immigrant (whose name has not been released by authorities), entered the N & K Quik Pick store in Spring Valley, New York to buy a $10.00 scratch off instant lottery ticket. Lo and behold, the ticket was a $3,000,000 winner! When the man informed the store owner that he had won this huge prize, the store clerk, Atif Ali, told the man that he "would be deported" from the United States if he attempted to claim his winnings. In order to "help" the winner, the clerk stated that he would take the ticket and claim the prize for him.

According to the Rockland County District Attorney Thomas R. Zugibe, Mr. Ali, the store owner, Riaz Khan of Monroe, New York, and a third man, Mubeen Ashraf, also of Monroe, were charged with grand larceny in the first degree. First degree grand larceny is a Class B felony under section 155.42 of the New York State Penal Law, punishable by a maximum of 25 years in state prison. Realistically, if the defendants do not have a prior criminal record, even if they pled to a larceny charge, or another negotiated plea, they would not be facing anywhere near the maximum jail time for this offense.

In order to collect the lottery prize, the winner must sign the back of the ticket to prevent others from claiming the winnings. But since the man had already signed the ticket, the store owner requested that he sign an affidavit indicating that they had purchased the ticket together. Skeptical lottery officials nevertheless paid the first of 20 annual $150,000 payments to the store owner, who then decided to sell the remaining rights to the jackpot to a company known as "Advance Funding" for $600,000. Advance Funding allegedly stated that they entered the transaction after confirming with lottery representatives that Mr. Ali had in fact purchased the ticket.

The majority of the money is now in a bank account which has been frozen pending resolution of this issue. The man will be entitled to receive his winnings, but is unclear how much of the loot he will get, since Advance Funding will certainly claim they entered the transaction in good faith and are entitled to the rights to the prize. According to the attorney representing the man, he "wants to get his money back and get left alone."

Continue reading "Lottery Winner Scammed From Prize" »

Ophadell Williams, the tour bus driver behind the wheel on I-95 in the Bronx on March 12, 2011 when the bus flipped over, struck a stanchion and 15 people died, was indicted by a Bronx County Grand Jury last week in the fatal bus accident. Williams, 40, was charged with 15 counts of vehicular manslaughter; 15 counts of criminally negligent homicide; and 23 counts of vehicular assault for the number of injuries suffered by the passengers in the crash. Williams was also charged with reckless driving and aggravated unlicensed operation of a motor vehicle.

The facts are that on March 12, 2011, Mr. Williams was driving 31 Chinese immigrants back home to Chinatown from a gambling trip to the Mohegan Sun Casino in Uncasville, Pennsylvania. Prosecutors charge that Williams was driving recklessly, weaving in and out of traffic, changing lanes unsafely, and speeding. They also contend that he had not had enough sleep to be driving safely. U.S. Department of Transportation investigators have determined that the bus was proceeding at 78 m.p.h when Williams lost control at the time of the fatal accident, which occurred on I-95 near the Bronx-Westchester border southbound. At 5:30 AM that March day, the Worldwide Tours bus swerved, toppled, skidded for 100 yards, and then slammed into a metal road sign, decapitating some passengers and causing severe injuries to others.

Mr. Williams informed investigators that he lost control of the bus when it was clipped by a tractor-trailer, but D.O.T. investigators have not been able to confirm this through physical evidence or witness statements. Williams was driving the bus despite the fact that he had two felony convictions on his record, for manslaughter in 1990, and grand larceny in 1998. Apparently, he used an alias so that his employers and the New York State Department of Motor Vehicles (NYDMV) would not find out about his background.

On the vehicular manslaughter charge, which is a C felony under the New York State Penal Law, Mr. Williams is facing a maximum of 15 years in state prison. On the Criminally Negligent Homicide charge, which is an E Felony, the maximum jail term is 4 years, along with a $5,000 fine. Williams is also charged with the misdemeanor of aggravated unlicensed operation of a motor vehicle under Section 511 of the New York Vehicle and Traffic Law. This charge is issued, for example, when a driver has been determined to be operating a motor vehicle without a valid driver’s license and has already been convicted of this offense, or when a driver is operating without a valid license and has a previous DWI conviction. Lastly, Williams is also charged with the misdemeanor of reckless driving under section 1212 of the Vehicle & Traffic Law.

Mr. Williams was arraigned and held on $250,000 bail. The tragic accident has shed light on some of the practices of the tour bus industry and lax supervision and investigation by the Federal Motor Carrier Safety Administration, (FMCSA), who has pledged reform through the efforts of the head of the U.S. Department of Transportation, Ray LaHood. Further, calls for reform and stricter enforcement have been made by New York Senator Chuck Schumer as well. We will follow this case as it proceeds and report when there are further developments.

Continue reading "Tour Bus Driver Indicted By Bronx County Grand Jury " »

The sexual assault case against Dominique Strauss-Kahn, the 62 year old former International Monetary Fund head which has so captured the public attention for the last 3 1/2 months, was dropped by the Manhattan District Attorney's Office on August 23, 2011. Strauss-Kahn, the 62 year old former head of the International Monetary Fund, was accused of sexually assaulting Hotel Sofitel housekeeper Nafissatou Diallo on May 14, 2011. Ms. Diallo, 32, accused Strauss- Kahn of forcing her to engage in non-consensual oral sex when she came in to clean his room. The District Attorney's Office made clear in requesting that Judge Michael Obus drop all charges that Ms. Diallo had major credibility problems. These included the fact that Ms. Diallo had lied about being gang raped in her native Guinea; was recorded discussing the finances of Mr. Strauss-Kahn and stating: "I know what I'm doing"; lied on an asylum application submitted to immigration authorities, and on the date of the alleged attack, continued to clean rooms after she had purportedly been sexually assaulted by Strauss-Kahn.

The ADA handling the case stated: "The nature and number of the complainant's falsehoods leave us unable to credit her version of events beyond a reasonable doubt. If we do not believe her beyond a reasonable doubt, we cannot ask a jury to do so." Supposedly, this same ADA also remarked that "no one with half a brain would put her [Diallo] on the stand."

The standard of proof to prove a criminal case, as most people know, is beyond a reasonable doubt, which is an extremely difficult standard to obtain, even in case with the strongest of evidence. The slightest of doubts, as long as there is some basis in fact for those doubts, is enough to result in a not guilty verdict. Each of the credibility issues that Ms. Diallo presented would be enough to defeat the case against Strauss-Kahn, who hired very experienced and competent counsel to defend him against the allegations. It seems likely that the Manhattan District Attorney, Cy Vance, was looking to establish his reputation as a tough and aggressive D.A., having assumed the office only one year earlier from the legendary Robert Morgenthau. Morgenthau was selected by President John F. Kennedy in 1961 as the U.S. Attorney for the Southern District of New York and was elected to the New York County D.A. Office in 1974.

In all likelihood, Vance acted quickly to indict Strauss-Kahn after he had attempted to leave the United States immediately after the alleged assault (he was on an Air France jet at JFK airport when he was arrested) to return to France. Vance may even have been swayed by numerous reports that Strauss-Khan had been accused of sexual assaults in France on at least two occasions previously. Further, the United States has no extradition treaty with France, meaning that had Strauss-Kahn left the United States on May 14, 2011, he might never have returned to face the charges against him. This is precisely what occurred with famed director (and husband of "Helter Skelter" murder victim Sharon Tate) Roman Polanski, who pled guilty to sexual assault in Los Angeles in 1977 and then fled to France to avoid sentencing. Polanski has never returned to the United States since the plea. If Mr. Vance had more time to investigate pre-indictment rather than after Mr. Strauss-Kahn had been charged, it is likely that the D.A.'s office could have been spared the embarrassment and criticism it is now facing for the "rush to judgment.”

Local women's groups have criticized Vance, claiming that the dismissal will have a chilling effect on other women coming forward to report sexual assaults. Diallo's attorney attempted to file a motion to appoint a special prosecutor to investigate the charges against Strauss-Kahn, but this motion was denied.

Ms. Diallo has a filed a multimillion dollar civil lawsuit against Strauss-Kahn, but the evidence of the dismissal of the criminal case will be introduced in the defense of the civil action to refute the allegations. On the other hand, the O.J. Simpson civil case verdict, in which he was found liable civilly (in an amount over 30 million dollars) for the wrongful deaths of Nicole Brown Simpson and Ron Goldman (despite being found not guilty in the original murder case) should be a cautionary reminder to Mr. Strauss-Kahn that he is not in the clear just yet.

Continue reading "Strauss-Kahn Case Dropped By Manhattan D.A.'s Office" »

Almost two years to the day of the wrong way fatal accident on the Taconic Parkway that killed 8, on July 24, 2011, Tanisha Gomez, a 26 year old resident of East Stroudsburg, PA drove northbound in the southbound lanes of I-95. Ms. Gomez' 2011 Chevrolet HHR minivan struck a 2005 Nissan approximately one half mile south of the New Rochelle toll plaza. The accident killed the passenger in the Nissan, Reginald Lee of East Orange , NJ, and the driver, Mark Toppin suffered a broken leg, among other injuries. Ms. Gomez is being charged with second degree manslaughter, which is punishable by up to 15 years in prison and a maximum of a $5,000 fine under the New York State Penal Law.

Mr. Toppin was taken to Jacobi Hospital and listed in fair condition on Monday. Blood samples have not yet been disclosed as to whether Ms. Gomez was intoxicated at the time of the accident. It appears that the accident occurred within 2 minutes of notification to state police of the wrong way driver.

Sunday's crash was almost exactly two years after the now well documented accident involving Diane Schuler, who on July 26, 2009, drove southbound in the northbound lanes of the Taconic, colliding head on with a car heading northbound in the left lane, and killing Ms. Schuler, her 2 year old daughter, her three nieces ages 5,7 and 8, and the three men in the other vehicle. The only survivor of the crash was Ms. Schuler's 5 year old son Brian.

Continue reading "Wrong Way Driver On I-95 Charged With Manslaughter" »

Earlier this month, Governor Cuomo signed into law a much tougher ban on texting while driving, effective immediately. Previously, texting while driving was a secondary offense, meaning that a motorist would have to be pulled over for another infraction such as speeding or following too closely in order to be charged with texting while driving. Under the new statute, texting while driving is a primary violation, and the officer can issue a ticket without any other traffic infraction committed.

Penalties for texting while driving have been significantly strengthened as well, as a violator of the law will receive 3 points on his or her license. Fines with surcharges could reach as high as $230.00. According to the National Highway Traffic Safety Administration, 16% of fatal car crashes in 2009 across the United States were due to distracted driving. Governor Cuomo was quoted as saying: The message today is those electronic devices and driving do not mix. Period."

Continue reading "New York Texting Ban Gets Tougher" »

Back on December 19, 2010, Raul Rios, a 23 year old man, was nearly killed when he was struck by a car as he was crossing Post Road in White Plains on his way to the Kennedy Fried Chicken at 4:00 AM that morning. The driver who struck Rios, 29 year old Christin Ewing, was driving a black Mercedes and was charged with a hit and run in the accident. Rios was in the hospital for several weeks and had surgery for head, leg and skin injuries.

Police tracked Ewing down after approximately six weeks using various resources including enhanced videotapes from local businesses and repair records from local dealers and shops to determine if similar vehicles had been brought in for repair. Mr. Ewing, a former wrestling coach in Mahopac, stated that he did not know he had struck anyone that December day.

On June 27, 2011, Ewing pleaded guilty in Westchester County Court to leaving the scene of a personal injury accident as a felony. His plea involves a sentence of 5 years "shock probation", which includes a six month jail term for the first six months of his sentence. Mr. Ewing will be free until September 19, 2011, the date of sentencing.

Continue reading "Plea Deal In White Plains Hit And Run Case" »

The New York State Police have filed criminal charges against the driver in the tragic van rollover accident that killed six people last September in Woodbury, New York. The police arrested Bernard Lattibeaudiere on January 18, 2011 and charged him with first degree unlicensed operation of a vehicle, under section 511-3 (a) (ii), which is a felony. He was released without bail and must return to Court on February 1.

Back on September 18, 2010, Mr. Lattibeaudiere was at the wheel of a church van which rolled over on the New York State Thruway after one of its tires blew out. The accident occurred north of Exit 16 in the Town of Woodbury. There were 14 passengers in the van, and six died, including the Rev. Simon White of the Joy Fellowship Christian Assemblies in the Bronx, his wife, and his sister.

Of the 14 passengers, only Mr. Lattibeaudiere and one passenger were wearing seat belts, although there is some question as to how many seat belts the vehicle was equipped with. According to the police, the van was traveling northbound in the left lane when the left rear tire blew out. After the van swerved over the rumble strip, the driver allegedly overcorrected to the right, causing the vehicle to roll over several times.

Apparently, Lattibeaudiere's license had been suspended 25 times, leading to the felony charge on what is normally a misdemeanor. If convicted of first degree aggravated unlicensed operation, Lattibeaudiere faces fines of between $500 and $5,000, and must be sentenced to either a term of imprisonment, a sentence of probation, or a term of imprisonment as a condition of probation.

Continue reading "Orange County Fatal Crash--Van Driver Charged" »

On December 21, 2010, New York City firefighter Pat Quagliariello, 39, was arraigned on charges including criminally negligent homicide and leaving the scene of a personal injury accident before Judge John G. Ingram in Kings County Court. The District Attorney's Office has alleged that on October 10, 2010, at approximately 12:30 AM, Mr. Quagliariello was texting and speeding while driving his BMW X3 at the intersection of 65th Street and 20th Avenue, when his vehicle struck and killed Manuel Tzaj Guachiac, a 35 year old Guatemalan immigrant.

It is further alleged that after the accident, Quagliariello fled the scene and left Mr. Guachiac to die, according to Craig Esswein, the ADA appearing at the arraignment for the Kings County District Attorney's Office. Mr. Quagliariello then abandoned his car and contacted relatives, including his brother, Anthony Quagliariello, who is a detective with the NYPD Joint Terrorism Task Force. The BMW was apparently located about a block from Mr. Quagliariello's home in Midwood. The DA's office also claims that records revealed that Quagliariello was texting at the time of the collision and made calls which place him at the accident scene.

Mr. Guachiac had returned to New York from Guatemala in the spring after visiting his parents and was going home from a late shift at his second job when the fatal accident occurred.

Mr. Quagliariello was also charged with reckless driving and several traffic infractions. He pled not guilty and was released on $50,000 bail. Mr. Quagliariello could face up a minimum of 1 year and maximum of 4 years in jail on the criminally negligent homicide charge if convicted.

Continue reading "NYC Firefighter Charged In Fatal Hit & Run" »

Five Columbia University students, all between the age of 20 and 22, have been charged with felony drug sales including LSD, marijuana, cocaine, ecstasy, and Adderall, which is used to treat attention deficit hyperactivity disorder. The arrest arose out of a five month undercover sting known as "Operation Ivy League" by the NYPD and prosecutors. The students were arrested on December 7, 2010 after making sales to undercover officers of approximately $11,000 since July of this year. Two of the students claimed that they needed the money because their father would not pay his tuition.

All five students were apparently videotaped making sales, and when police searched the students' rooms, they allegedly seized a bottle of LSD, Ecstasy capsules, more than half a pound of marijuana and $2,000 in cash. The students were arraigned in Manhattan Criminal Court last week before Judge Michael Sonberg and each pleaded not guilty. They were held in custody at Rikers Island pending making bond payments, which ranged from $30,000 to $75,000.

Under the Penal Law of New York State, felony drug sales of a controlled substance carry a potential jail term of a minimum of 1 to a maximum of 7 years on the D felony of Criminal Sale of a controlled substance in the 5th degree. This charge also has a fine of up to $5,000.00.

Continue reading "Five Columbia University Students In Felony Drug Bust" »

Francisco Rodriguez, the New York Mets' former All-Star relief pitcher, was charged with third degree assault on August 11, 2010. The charges arise out of an incident in which Rodriguez punched Carlos Pena, his girlfriend's father, in the Citifield clubhouse. As a result of the incident, Mr. Pena allegedly suffered facial trauma and other injuries.

Rodriguez was arraigned in the Queens Criminal Court on August 12, 2010. Shortly thereafter, it was learned that Rodriguez has a torn ligament in his right thumb and is out for the season. The Mets have placed the pitcher on the disqualified list for the 2010 season and the move allows them the possibility of voiding Rodriguez's contract altogether. The voiding of Rodriguez' contract could be accomplished if it is determined that Rodriguez violated the "morals" clause of his contract.

Assault in the third degree is a misdemeanor under section 120.00 of the New York State Penal Law. If Rodriguez is convicted of the charge, he could face a sentence of 1 to 3 years in prison and a fine of up to $1,000.

Continue reading "NY Mets Pitcher Charged With Assault" »

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."

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