About Ernest Johnson

FOR IMMEDIATE RELEASE
Monday, May 10, 2021

 

Sunset Park Attorney Sentenced to One to Three Years in Prison for Stealing Approximately $280,000 From Two Clients He Represented In the Sale of Their Homes

Defendant Stole Down Payments Held in Escrow;
Pleaded Guilty to Grand Larceny

Brooklyn District Attorney Eric Gonzalez today announced that a Sunset Park attorney has been sentenced to 1 to 3 years in prison for stealing approximately $280,000 in down payments he received to hold in escrow from two clients he represented in the sale of their homes. The defendant pleaded guilty to second-degree grand larceny in December 2020.

District Attorney Gonzalez said, “Today’s sentence holds this defendant accountable for the serious breach of trust and financial hardship he caused his victims. Let this serve as a reminder that I am committed to protecting Brooklyn’s residents from attorneys and other unscrupulous fraudsters who abuse their positions of authority to take advantage of those they are entrusted to advise and represent.”

The District Attorney identified the defendant as Edmundo Roman-Perez, 71, of Sunset Park, Brooklyn. He was sentenced today to an indeterminate term of 1 to 3 years in prison by Brooklyn Supreme Court Justice Danny Chun. The defendant pleaded guilty to second-degree grand larceny on December 15, 2020.

The District Attorney said that, according to the investigation, in late 2018, a couple hired the defendant to represent them in the sale of their two-family, Sunset Park home. The home sold for $1,350,000 and the defendant received a $135,000 down payment from the buyers that he should have held in his attorney escrow account until the date of closing, when the funds should have been released to his clients. Instead, the defendant used the money for his own benefit. After closing in March 2019, the defendant issued checks to his clients purporting to cover the $135,000 owed, which bounced upon deposit. The defendant failed to disburse the funds he owed to his clients.

Similarly, between November 2018 and April 2019, the defendant represented three brothers in the sale of their two-family home in Dyker Heights. The home sold for $1,500,000 and the defendant received a $150,000 down payment from the buyers that he should have held in his attorney escrow account until closing, when he should have released the money to his clients. Instead, the defendant again used the money for his own benefit, and issued the brothers checks purporting to cover the funds owed to each of them. The checks bounced and the defendant failed to distribute the funds he owed to the brothers.

Additionally, the defendant was under indictment in Richmond County related to allegations that he stole client funds. In November 2020, he pleaded guilty to one count of third-degree grand larceny and received a sentence of 1 to 3 years in prison. The Brooklyn and Staten Island sentences will run concurrently.

The case was investigated by Supervising Financial Investigator Deborah Wey of the District Attorney’s Investigations Division.

The case was prosecuted by Senior Assistant District Attorney Katherine Zdrojeski of the District Attorney’s Public Integrity Bureau, under the supervision of Assistant District Attorney Laura Neubauer, Chief of the Public Integrity Bureau, and Assistant District Attorney Michel Spanakos, Deputy Chief of the Investigations Division, and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the Investigations Division.

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FOR IMMEDIATE RELEASE
Monday, May 10, 2021

 

New Jersey Attorney Indicted for Allegedly Stealing Approximately $240,000 From Client He Represented in the Sale of Her Property

Defendant Allegedly Withheld Down Payment in Real Estate Transaction,
Transferred Money to His Personal Bank Account

Brooklyn District Attorney Eric Gonzalez today announced that a New Jersey attorney has been arraigned on an indictment in which he is charged with grand larceny for allegedly stealing approximately $239,500 in funds he received, and was not entitled to, while representing a client in the sale of her deceased sister’s estate.

District Attorney Gonzalez said, “This defendant allegedly abused his power and betrayed his client to steal hundreds of thousands of dollars to which he was not entitled and has not returned despite the victim’s repeated attempts to contact him. We will now seek to hold him accountable for this flagrant and brazen theft.”

The District Attorney identified the defendant as Antoni Moszczynski, 67, of Madison, New Jersey, who had an office in Greenpoint, Brooklyn. He was arraigned today in front of Brooklyn Supreme Court Justice Danny Chun on an indictment in which he is charged with second-degree grand larceny. He was released without bail and ordered to return to court on June 29, 2021.

The District Attorney said that, according to the investigation, in December 2019, the defendant, an attorney who is currently licensed to practice law in New York, represented the victim in the sale of her property at 584 Leonard Street. The victim, who was appointed executrix of her deceased sister’s estate, entered contract of sale for $2.395 million.

It is alleged that on December 2, 2019, the defendant received a wired down payment from the buyer into his escrow account in the amount of $239,500. Furthermore, it is alleged that, within a week, the defendant transferred $210,000 into his personal bank account with Wells Fargo, and within three months had withdrawn or spent the remainder of the down payment.

The victim retained a different attorney to represent the estate at the closing, which took place on June 30, 2020. The defendant was allegedly not present at the closing and has not answered calls from the victim or her attorney. To date, the defendant has not given the victim or the estate the down payment he allegedly stole.

If you believe that you or someone you know is the victim of fraud or theft perpetrated by the defendant, please call the District Attorney’s Action Center at (718) 250-2340.

This case is being prosecuted by Senior Assistant District Attorney Sara Walshe of the District Attorney’s Public Integrity Bureau, under the supervision of Assistant District Attorney Laura Neubauer, Chief of the Public Integrity Bureau, and Assistant District Attorney Michel Spanakos, Deputy Chief of the Investigations Division, and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the Investigations Division.

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An indictment is an accusatory instrument and not proof of a defendant’s guilt

 

FOR IMMEDIATE RELEASE
Thursday, May 6, 2021

 

Two Alleged Hoolie Gang Members Charged in Murder of One-Year-Old
Davell Gardner in Bedford-Stuyvesant Shooting Last July;
Total of 18 Defendants Named in 63-Count Indictment Which Includes Four Homicides and Eight Non-Fatal Shootings

Defendants Were Allegedly Engaged in Gang War with Rival 900 Street Gang, Whose Members Were Subject of Earlier Takedown in January; Seven Shooting Victims Were Innocent

Brooklyn District Attorney Eric Gonzalez, together with New York City Police Commissioner Dermot Shea, today announced that 18 alleged members of the Hoolie street gang are variously charged in a 63-count indictment with murder, conspiracy to commit murder and to possess weapons, attempted murder and related charges. Among the four homicides charged in the indictment is the shooting death of Davell Gardner, who was just 22 months old, during a cookout in Bedford-Stuyvesant last summer.

District Attorney Gonzalez said, “Insidious gang violence as we allege in this case has taken and traumatized far too many lives, including many innocents such as Davell Gardner – a bright and loved baby boy with his whole life ahead of him. Today’s indictment of these alleged Hoolies gang members is the second part of a larger investigation that saw 19 of their rival 900 gang members indicted in January for violent crimes, including some who were charged with multiple shootings and murder. I am committed to working with the New York City Police Department to focus on the most violent offenders who we allege drive most of the violent crime in Brooklyn to keep our communities safe and bring justice to the many victims who they have harmed.”

Commissioner Shea said, “These defendants, by their alleged actions, were willing to kill rivals or even fellow gang members and do so without regard for innocent people caught in the crossfire. In one case, the victim was a one-year-old boy, Davell Gardner. This violence has to stop and cases like these are only made more solid when NYPD detectives and Assistant District Attorneys work hand-in-glove to build them from the beginning.”

The District Attorney said that 11 of the defendants were arrested yesterday and six were already in custody on other charges. One remains at large. Seven were arraigned before Brooklyn Supreme Court Justice Danny Chun yesterday and one will be arraigned today. The rest of the defendants will be arraigned at a later date. The defendants are variously charged with second-degree murder, second-degree attempted murder, second- and fourth-degree conspiracy, first- and second-degree assault, first-degree attempted assault, first-degree reckless endangerment and second-degree criminal possession of a weapon. Ten of the defendants are charged with second- degree murder and face up to 25 years to life in prison. (See defendant addendum).

The District Attorney said that, according to the indictment, the defendants are allegedly members of a violent street gang known as Hoolies, primarily based in and around the Roosevelt Housing Development in Bedford-Stuyvesant. They are made up of members who also affiliate with several Blood, Crip and Folk gang sets, such as the MackBallers, Blood Stone Villains, Bloodhound Brims, Grape Street Crips, 823 Crips and Gangster Disciple Folk.

It is alleged that the reason for Hoolies to commit acts of violence include retaliation against rival gangs and to display the gang’s strength.

It is alleged that between May 2018 and today, the Hoolies territory included 721 Willoughby Avenue and 303 Vernon Avenue, as well as the New York City Housing Authority Roosevelt Houses development and the surrounding area from Kosciuszko Street to Pulaski Street in between Marcus Garvey Boulevard to Stuyvesant Avenue.

It is alleged that Hoolies member, during the course of the investigation, committed four murders, as well as eight non-fatal shootings involving nine victims. Of the 13 victims, seven were innocent people who were not rivals of the defendants. Among the incidents were the following:

• December 4 & 5, 2018:

Alleged Hoolie members Jahlil Grant, Akeem Artis and Oras Howard were shot at in Hoolie territory, allegedly by 900 member Jamel Gordon and another individual. Grant was killed and Artis was wounded. Howard was not struck. This allegedly set off a chain of retaliatory shootings by Hoolie members to avenge the death of Grant and shooting of Artis, including the 7:22 p.m. shooting of an innocent bystander, allegedly by Rasheen Parnell, at the intersection of Ralph Avenue and Bainbridge Street. That victim, a 23-year-old man, suffered four bullet wounds to the left torso, back of upper leg and groin and was left paralyzed.

At approximately 10:17 p.m., Tyree Walker, 35, who was not a rival, walked towards the front entrance to his home at 997 Myrtle Avenue and was shot multiple times in his torso, allegedly by Travis Scott, and died.

On December 5, 2018, at approximately 12:40 a.m., on Dean Street, near the entrance to the Kingsborough Houses, another innocent bystander, a 43-year-old man, was shot in the chest and survived. 

• March 3, 2020:

At approximately 12:16 a.m., Dashawn Austin and Jayquan Lane entered the Kinanm Lounge on Atlantic Avenue where alleged gang rival Janile Whitted was also in attendance. It is alleged that Austin and Lane left the lounge, and shortly thereafter tracked Whitted when he left the lounge, following him to Amour Cabaret, a few blocks away on Nostrand Avenue. As Whitted socialized outside the club, at approximately 3:10 a.m., Austin allegedly walked through the crowd, and fired several shots into Whitted’s chest at close range. He was taken to Kings County Hospital where he later died.

• July 12, 2020:

At approximately 11:15 p.m. a three-car caravan (Mercedes, Audi and Volkswagen) was observed lining up in front of 365 Pulaski Street; such caravans are known as a “blocker” car, a “chase” car and a “shooter” car. Dashawn Austin was seen entering the passenger side of the Audi with Akeem Artis in the driver’s seat. The caravan was spotted by a police car, which activated its lights. The Volkswagen then sped away at a high rate of speed to draw the police away from the shooter car. The Mercedes and the Audi turned on to Madison Street, near a park where there was a cookout, then circled the block and returned moments later. The cars parked, and, it is alleged, Dashawn Austin and a second shooter, fired into a group of people attending the cookout. Four people were shot, including Davell Gardner, who later died. The other victims, all innocent bystanders, survived.

• September 1, 2020:

At approximately 10:20 p.m., Freedom Williams and Lamore Weems entered a bodega at 147 Park Avenue. Alleged 900 gang rival member Tavon Parker pulled up to the bodega shortly thereafter and entered while Williams and Weems were inside. Parker purchased a beverage then left and returned to his car. It is alleged that Williams then fired three shots into the front driver’s side window, striking Parker in the head. Parker died of his injuries on September 4, 2020.

The indictment also charges the following shooting incidents that did not result in death:

• The May 15, 2018 non-fatal shooting of an alleged 900 gang member in the courtyard of the Marcy Houses. The victim was shot multiple times at close range.

• The non-fatal shooting of an individual who was not a gang rival on March 23, 2019, in the vicinity of 65 Tompkins Avenue. The victim was shot in the arm.

• The April 4, 2020 non-fatal shooting of an individual who was shot in the back while riding a bicycle on Throop Avenue in 900 territory.

• The August 8, 2020 non-fatal shooting on Pulaski Street, in Hoolie territory, into the vehicle of an alleged 900 member.

           During the course of the conspiracy, it is alleged, incarcerated Hoolies members communicated with non-incarcerated members in jail phone calls to keep up to date on the status of members or to discuss violent acts. The defendants also allegedly used social media platforms including Facebook and Instagram to demonstrate their gang membership and to broadcast gang activity. They allegedly also posted music videos to YouTube containing song lyrics referencing the status of rivalries and referring to acts of violence committed by gang members.

            The Hoolies investigation was conducted by New York City Police Department Detective Douglas Rome and Detective Michael Algieri of the Gun Violence Suppression Division, under the supervision of Sergeant Scott McKenna and Sergeant Andrew Dunton, and the overall supervision of Inspector Jason Savino.

The case is being prosecuted by Senior Assistant District Attorneys Thomas Teplitsky, Joy Kieras and James Slattery of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorneys Leila Rosini and Jen Cilia, Deputy Bureau Chiefs, and Assistant District Attorney Alfred DeIngeniis, Bureau Chief, together with Assistant District Attorney Howard Jackson, Deputy Chief of the Homicide Bureau. 

An indictment is merely an accusation and not proof of a defendant’s guilt.

             DEFENDANT ADDENDUM:

1. Travis Scott, 33, of Bedford-Stuyvesant.
2. Jerome Noble, 33, of Bedford-Stuyvesant.
3. Oras Howard, 26, of Bedford-Stuyvesant.
4. Kenneth Hyatt, 29, of Brownsville.
5. Brandon Lee, 25, of Bedford-Stuyvesant.
6. Rasheen Parnell, 27, of Bushwick.
7. Jerry Washington, 21, of Bedford-Stuyvesant.
8. Jamel Bleach, 33, of Stuyvesant Heights.
9. Dashawn Austin, 25, of Canarsie.
10. Devine Moore, 25, of Sunset Park.
11. Jayquan Lane, 28, of Bedford-Stuyvesant.
12. Dominick Scott, 28, of (not available).
13. Akeem Artis, 24, of Bedford-Stuyvesant.
14. Freedom Williams, 27, of East New York.
15. Michael Parnell, 19, of Bushwick.
16. Lamore Weems, 23, of East New York.
17. Unique Newell, 21, of East New York.
18. Jonathan Arroyo, 29, of Stuyvesant Heights.

Note: Materials displayed in the press conference can be viewed here (password: Hoolies)

 

FOR IMMEDIATE RELEASE
Thursday, April 29, 2021

 

Brooklyn District Attorney’s Office Launches Art Contest
“Illustrate Against Hate” for Middle and High School Students

Accepting Original Artworks Expressing That Hate Crimes are Immoral and Intolerable;
Cash Prizes of up to $1000 for Winner of Each Grade

Brooklyn District Attorney Eric Gonzalez today announced the launch of a unique art contest, “Illustrate Against Hate,” that’s open to all New York City students from grades 7^th through 12^th. Cash prizes, partially donated by the New York City Police Foundation, are offered in the amounts of $1000 for first place, $500 for second place and $250 for third place for each grade.

District Attorney Gonzalez said, “Fighting against hate crimes includes helping educate young people about the irreparable harms they cause and must be an all-out effort that engages every aspect of our society. That’s why I am so proud to partner with the New York City Police Foundation on this exciting and engaging contest that allows our students the opportunity to express themselves through art and convey why hate crimes are abhorrent and can never be tolerated. Whether participating students have been victims of bias-motivated offenses, know friends who were, or choose to stand in solidarity with those who’ve been harmed – I hope this competition will give them a medium to educate each other and all of us on this important topic.”

Students should send photos of their original artwork in JPEG or MP4 formats to illustrateagainsthate@brooklynda.org (no scanned reproductions will be accepted). Submissions should include the student’s full name, grade, age, school and an explanation in 50 characters or less about the submission and why hate crimes are wrong. Permissible mediums include photography, watercolor, acrylic, oil, wood, clay, metal, plaster, pastel, charcoal, collage, pencil, computer graphic art and silk screen. All submissions are due by May 14, 2021.

The artwork will be judged on originality, quality, technique and theme by a panel of judges. Winners will be announced during the Brooklyn District Attorney’s Office’s Asian American Pacific Islander Heritage Month Celebration on May 20, 2021, which will be streamed on the Brooklyn DA’s office website and social media.

The District Attorney thanked the New York City Police Foundation for their generous contribution of prize money, and the New York City Department of Education for their partnership.

The contest is being coordinated by the District Attorney’s Hate Crimes Bureau, under the supervision of Assistant District Attorney Kelli Muse, Bureau Chief.

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FOR IMMEDIATE RELEASE
Tuesday, April 20, 2021

 

Brooklyn District Attorney’s Office Accepting Applications
For Four-Week Virtual High School Internship Summer Program

Internships Will Offer Insight into Criminal Justice System, Public Service and the Law

Brooklyn District Attorney Eric Gonzalez today announced the launch of the application process for high school juniors and seniors interested in participating in a four-week virtual summer internship program. The summer internship is open to students who live and/or attend high school in Brooklyn and are interested in learning about the different careers and roles of various participants within the criminal justice system. This year’s summer internship will run from July 6 to July 30, 2021.

District Attorney Gonzalez said, “Our goal every year is to provide interns with an understanding of how the criminal justice system operates and how my office works to keep Brooklyn safe and strengthen community trust. We are proud to be able to offer an opportunity for high school students to gain invaluable experience as to how criminal cases develop, from the steps taken to investigate and build a case, to how cases are handled in court. The interns will be exposed to many different career opportunities available in the criminal justice system, as they consider their future professional goals.”

Selected students will be assigned to one of the many specialized units within the DA’s Office, while also getting an overview of the criminal justice system. They can expect to assist with research and analysis; help prosecutors to prepare for trial; work on discovery; carry out file maintenance and organization of legal documents; participate in Trial Zone workshops; and observe criminal proceedings, including trials, guilty pleas and sentencings.

During the four-week internship, participants will receive a $150 weekly stipend. Internship hours will be Monday to Thursday from 10 a.m. to 2 p.m. Interested applicants must submit their most recent school transcript, a one-page resume and a 300-word typed essay (12 pt. font and double-spaced) on why they are interested in interning with the Brooklyn District Attorney’s Office and how the internship will impact their future career goals.

To apply, please visit: http://apply.brooklynda.org beginning Tuesday, April 20, 2021, to upload transcript, essay and resume. All application materials must be received no later than Tuesday, May 25, 2021. For questions or assistance please contact (718) 250-3191 or email hsinternships@brooklynda.org.

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FOR IMMEDIATE RELEASE
Friday, April 16, 2021

 

Driver who Crashed Car on Brooklyn-Queens Expressway
While Allegedly Driving Drunk and Speeding Indicted for Manslaughter

Front Passenger Died of His Injuries, Second Passenger Injured

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn woman has been arraigned on an indictment in which she is charged with manslaughter, vehicular manslaughter, criminally negligent homicide and assault. The defendant allegedly lost control of her vehicle while speeding and under the influence of alcohol last January. Her front seat passenger died following the crash and a backseat passenger was injured.

District Attorney Gonzalez said, “This defendant made a terrible decision to allegedly get behind the wheel of a car after drinking alcohol and traveling at an incredibly high rate of speed. She showed complete disregard for the safety of her passengers and everyone using our roadways. I am committed to keeping our streets and highways safe and will now seek to hold this defendant accountable.”

The District Attorney identified the defendant as Chelsea Rety, 22, of Copiague, New York. She was arraigned today by Brooklyn Supreme Court Justice Matthew Sciarrino on an indictment in which she is charged with second-degree manslaughter, second-degree vehicular manslaughter, criminally negligent homicide and third-degree assault. She faces up to 15 years in prison if convicted of the top count. She remains out on $75,000 bail and was ordered to return to court on June 2, 2021.

The District Attorney said that, according to the investigation, on January 22, 2021 at approximately 12:30 a.m., the defendant was driving a 2016 Toyota Scion east bound on the BQE, with two friends, Saharath Yuvanavattana, 23, in the front passenger seat and a 24-year-old man in the rear passenger seat. As the vehicle approached the Flushing Avenue exit, Exit 30, the defendant allegedly lost control of the vehicle, causing the passenger side to strike a barrier.

Yuvanavattana was taken to Bellevue Hospital and died a short time later. The other passenger was treated for non-life-threatening injuries. The defendant suffered a broken arm.

It is alleged, according to the investigation, that the defendant was driving at an excessive rate of speed of approximately 102 miles per hour and had a blood alcohol level of approximately .09, which is over the legal limit of .08.

Assistant District Attorney Jennifer Nocella, Deputy Chief of the District Attorney’s Street Safety Bureau, assisted in the prosecution.

The case is being prosecuted by Assistant District Attorney Jennifer Da Rin, of the District Attorney’s Red Zone Trial Bureau, under the supervision of Assistant District Attorney Karla Watson, Bureau Chief.

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FOR IMMEDIATE RELEASE
Friday, April 16, 2021

 

Brooklyn Man Convicted of Possessing Loaded Gun in
First Jury Trial in Brooklyn Since the Start of the COVID Pandemic

Gun Discovered in Defendant’s Underwear Following Traffic Stop

Brooklyn District Attorney Eric Gonzalez today announced that a 29-year-old Brooklyn man has been convicted of possessing an illegal gun after the first jury trial in Brooklyn since March 2020. Strict COVID protocols were observed throughout the proceedings and additional trials are expected to commence this month.

District Attorney Gonzalez said, “With this verdict, the defendant has been held accountable for possessing a loaded illegal gun on our streets. My dedicated prosecutors are ready to continue conducting trials, especially of cases involving gun-related and violent offenses, as we focus on keeping Brooklyn safe and reducing gun violence.”

The District Attorney identified the defendant as Marc Ferdinand, 29, of Canarsie, Brooklyn. He was convicted yesterday of second-degree criminal possession of a weapon and third-degree aggravated unlicensed operation following a jury trial before Brooklyn Supreme Court Justice Heidi Cesare. The defendant is facing a maximum sentence of 15 years in prison when he’s sentenced on May 28, 2021.

The District Attorney said that, according to trial testimony, on January 23, 2020, at 11:45 a.m., a 2016 Mercedes Benz the defendant was driving was stopped by police near the intersection of Avenue L and East 98th Street in Canarsie for excessively tinted windows. Officers discovered that he was driving with a suspended license and he was subsequently placed under arrest. When he was searched in the 69th Precinct stationhouse, a loaded .380 caliber pistol was found in his underwear. Swabs taken from the gun later matched the defendant’s DNA.

The eight-day trial was the first criminal or civil trial to be held with a jury in Brooklyn in over a year. COVID-19 protocols were in place, with all witnesses wearing transparent face masks, jurors spread throughout the courtroom and the proceedings being broadcast on closed circuit television to an overflow courtroom on a different floor.

The case was prosecuted by Assistant District Attorney Jennifer Da Rin, of the District Attorney’s Red Zone Trial Bureau, under the supervision of Assistant District Attorney Patrick L. O’Connor, Chief of the District Attorney’s Gun Violence Suppression Bureau, and Assistant District Attorney Karla Watson, Chief of the Red Zone Trial Bureau.

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FOR IMMEDIATE RELEASE
Thursday, April 8, 2021

 

Former Brooklyn Lawyer Indicted for Allegedly Stealing $85,000
From Client Who He Represented in Real Estate Deal

The Defendant Allegedly Deposited Down Payment for Property into His Escrow Account,
And Kept It; Stopped Returning Client’s Calls

Brooklyn District Attorney Eric Gonzalez today announced that an East Flatbush man has been indicted on a grand larceny charge for allegedly stealing the down payment toward the purchase of a Brownsville home whose seller he represented. The defendant also allegedly separately borrowed $14,000 from the client and never paid it back.

District Attorney Gonzalez said “The victim in this case was allegedly defrauded of a large sum of money by her own attorney, who had a legal duty to protect her interests. I would like to thank my Public Integrity Bureau for its hard work in seeking to hold the defendant accountable for his alleged criminal act and betrayal of trust.”

The District Attorney identified the defendant as Gerald Douglas, 52, of East Flatbush, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Sharen Hudson on an indictment in which he is charged with second-degree grand larceny. He was released without bail and ordered to return to court on May 12, 2021.

The District Attorney said that, according to the investigation, the defendant represented a 76-year-old woman in the sale of her Brownsville house, negotiating the contract for her in September 2018. A down payment of $71,700 was allegedly deposited into the defendant’s escrow account. The closing occurred in August 2019, by which time the defendant had allegedly stopped returning his client’s phone calls and she was forced to retain new counsel to close the transaction. The client received the sale proceeds at the closing, but not the down payment despite repeated requests to the defendant.

It is further alleged that in June and July 2018, the defendant asked the same client if she would loan him money, first $6,000 and then $8,000. He allegedly told her he was expecting a rental payment for a property he owned in Flatbush, Brooklyn, though in fact the property had gone into foreclosure five years earlier and he was no longer the owner.

The defendant was disbarred by the Appellate Division Second Department in 2019.

The case is being prosecuted by Senior Assistant District Attorney Adam Libove of the District Attorney’s Public Integrity Bureau, under the supervision of Assistant District Attorney Laura Neubauer, Bureau Chief, and Assistant District Attorney Michel Spanakos, Deputy Chief of the District Attorney’s Investigations Division, and the overall supervision of Assistant District Attorney Patricia McNeill, Chief of the Investigations Division.

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An indictment is an accusatory instrument and not proof of a defendant’s guilt

 

FOR IMMEDIATE RELEASE
Wednesday, April 7, 2021

 

Brooklyn DA Eric Gonzalez to Dismiss 90 Convictions That Relied on
Former Narcotics Detective Later Charged with Multiple Perjuries

Former Det. Joseph Franco is Awaiting Trial in Manhattan; No Misconduct Was Found in Brooklyn, But DA’s Office Has Lost Confidence in Cases Where He Was Essential Witness

Brooklyn District Attorney Eric Gonzalez today announced that his Conviction Review Unit will be asking the Court to vacate and dismiss 27 felony convictions and 63 misdemeanor convictions that were directly based on the work of former undercover New York City Police Department Detective Joseph Franco. The former detective has been indicted in Manhattan for perjury, official misconduct and other charges in connection with four incidents whereby he allegedly framed numerous individuals for making narcotics transactions. A review by Brooklyn’s CRU did not uncover misconduct, but the District Attorney has lost confidence in cases where the detective was an essential witness, i.e., cases that could not have been prosecuted without him, and is requesting that those convictions be dismissed.

District Attorney Gonzalez said, “Knowingly and repeatedly framing innocent people obliterates the credibility of any police officer and proving perjury in such circumstances is rare. After a grand jury reviewed the evidence and indicted former Detective Franco, I have lost confidence in his work. His cases in Brooklyn are over a decade old, which limited our ability to reinvestigate them, but I cannot in good faith stand by convictions that principally relied on his testimony. Integrity and credibility are at the heart of the justice system and prerequisites for community trust.”

The District Attorney’s Office today is asking Brooklyn Supreme Court Justice Matthew D’Emic to vacate 27 felony convictions (plus 13 misdemeanor convictions that were taken in Supreme Court), mostly for criminal sale of a controlled substance in the third or fifth degree, and to dismiss the underlying indictments. It is also asking Criminal Court Judge Keshia Espinal to vacate 50 misdemeanor convictions, mostly for criminal possession of a controlled substance in the seventh degree, and to dismiss the underlying complaints. The dismissals are pursuant to a writ of error coram nobis and the court proceedings are expected to continue over the next few days. In all, 27 felony convictions and 63 misdemeanor convictions will be vacated.

Those cases stemmed from arrests that happened when Det. Franco was assigned to Brooklyn commands, between 2004 and 2011. All but one of the 90 convictions were obtained by way of a guilty plea. Most of those convicted for a felony were sentenced to between six months and a year in jail, with the longest sentence being three years in prison. Most of those convicted for a misdemeanor were sentenced to terms ranging from time served to 90 days in jail.

The Conviction Review Unit reviewed all convictions where Det. Franco was involved. Cases where he was the primary undercover and his testimony was necessary for a potential hearing or trial were flagged for dismissal. Defense lawyers and the Court have been notified of the new allegations and the dismissals.

In April 2019, a New York County grand jury indicted Det. Franco on 16 counts of first-degree perjury and related charges. In July 2019, a grand jury indicted him on 10 additional counts of first-degree perjury and related charges. He is awaiting trial on both indictments and was fired from the NYPD in May 2020.

The case review was conducted by Assistant District Attorney Eric Sonnenschein, Deputy Chief of the District Attorney’s Post-Conviction Justice Bureau, and Assistant District Attorney Rachel Nash, Deputy Chief of the District Attorney’s Conviction Review Unit, under the supervision of Assistant District Attorney Mark Hale, Chief of the Post-Conviction Justice Bureau.

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Note: the court proceedings are expected to begin today at 9:30 a.m. in Criminal Court and can be viewed here (password: 9000). The Supreme Court hearing is scheduled for 1 p.m. and can be viewed here (password: 1234).

 

FOR IMMEDIATE RELEASE
Wednesday, March 24, 2021

 

Brooklyn District Attorney Eric Gonzalez Dismisses
All Outstanding Prostitution-Related Warrants Dating Back to 1970s

Asks Court to Vacate 857 Warrants for Prostitution and Loitering, and to
Dismiss Underlying Cases; 262 Warrants Already Vacated in January

Brooklyn District Attorney Eric Gonzalez today announced that he asked the Court to vacate 857 open bench warrants related to prostitution and loitering for the purposes of prostitution – charges his Office no longer prosecutes. The 857 warrants that were dismissed today were issued between 1970 and 2011. On January 29, 2021, the District Attorney vacated 262 warrants from 2012 to the present and moved to dismiss the underlying cases. In all, 1,119 cases have now been dismissed, representing the entire outstanding inventory in Brooklyn. The District Attorney also called on legislators to expunge old prostitution-related convictions.

District Attorney Gonzalez said, “With today’s action, we have cleared all open prostitution and loitering for the purposes of prostitution cases in Brooklyn. My Office no longer prosecutes these offenses because we believe that that those who engage in these activities should be offered assistance, not criminally prosecuted. Open warrants have powerful negative consequences for the individual, and they undermine public safety. Someone with an open warrant is subject to arrest at any time, making them more likely to be driven underground and less likely to report abuse or other crimes, which makes both them and others less safe.

“In addition, an outstanding warrant could show up years after it was issued in a background check for an apartment rental or a job application, hamstringing someone’s ability to move on from their past to a more stable way of life. I thank the Legislature for repealing the vaguely written and unevenly enforced statute of loitering for the purposes of prostitution and renew my call on lawmakers to expunge past prostitution-related convictions so they will not hold people back from opportunities for a better future.”

Today, DA Gonzalez appeared before Brooklyn Criminal Court Supervising Judge Keisha Espinal and requested that the 857 outstanding warrants be vacated, and their underlying cases dismissed. 296 of those warrants pertained to cases with a top count of prostitution (PL 230.00) and 561 were for a top count of loitering for the purposes of prostitution (PL 240.37). In January, 183 were for prostitution and 79 for loitering for the purposes of prostitution.

Following the January dismissals in Brooklyn, the New York State Legislature repealed the loitering for purposes of prostitution law and two other counties, the Bronx and Queens, dismissed outstanding warrants pertaining to that statute.

The District Attorney said that the Brooklyn DA’s Office does not prosecute those arrested for engaging in prostitution, but rather refers them to services and dismisses their cases. Starting in 2020, when the law mandated that those arrested receive Desk Appearance Tickets with a future court appearance, the Office has endeavored to connect them with service providers and dismiss the charges before they even have to appear in court.

Common services involve therapeutic counseling, medical assistance and checkups, educational services, housing assistance, mental health or substance abuse screening and therapy, and legal assistance with immigration, children’s services or family court issues. Cases get dismissed whether individuals avail themselves of services or not. The Office processed fewer than 30 prostitution cases last year.

There are 25,575 convictions in Brooklyn for the two aforementioned offenses, dating back to 1975. Expunging them en masse is a legislative prerogative and the District Attorney called on legislators to pass a bill that would do just that.

The District Attorney thanked the Office of Court Administration, especially Justin Barry, Chief Clerk of New York City Criminal Court, Charles Blaha, Acting Borough Chief Clerk of Brooklyn Criminal Court, and Keshia Espinal, Supervising Judge of Brooklyn Criminal Court, for facilitating the dismissals.

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