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FOR IMMEDIATE RELEASE

Wednesday, April 19, 2023

Brooklyn District Attorney Eric Gonzalez to

Host Prescription Drug Take Back

Safe, Convenient Way to Dispose of Expired and Unused

Prescription Drugs Will Be Provided in 13 Brooklyn Locations

          Brooklyn District Attorney Eric Gonzalez today announced that, together with the New York City Police Department and the Drug Enforcement Administration’s New York Division, his Office will host a Prescription Drug Give Back on Friday, April 21, 2023, between 9:30 a.m. and 4 p.m. The initiative, held one day before the DEA’s National Prescription Drug Take Back Day, will provide a safe, convenient, and responsible means of disposing of prescription drugs, while educating the public about the potential for abuse of medications.

District Attorney Gonzalez said, “Unused prescription medications can fall into the hands of children or get stolen and sold to those who misuse drugs. It is essential to safely dispose of these medications as a measure to help prevent opioid addiction before it begins, which is why we have partnered for the first Rx Take Back in Brooklyn. On Friday, across 13 locations throughout the borough, residents are encouraged to turn in expired and unused prescription drugs in a way that doesn’t impact our environment and makes us all safer and healthier.”

NYPD Commissioner Keechant L. Sewell said, “Events like these are an important part of the NYPD and our law enforcement partners’ efforts to fight the nationwide overdose epidemic and save lives. We encourage everyone – across Brooklyn, and across New York City as a whole – to share the responsibility for public safety by properly disposing of unneeded prescription medications. This is how we will continue to keep all of our communities safe.”

DEA Special Agent in Charge Frank A. Tarentino III said, “For more than a decade DEA has helped Americans rid their homes of old, unwanted, or expired medications at our National Prescription Drug Take Back Day. I applaud our partners at the Brooklyn District Attorney’s Office and the New York City Police Department for their efforts to expand this program within the communities they serve. The DEA New York Division is pleased to partner with Brooklyn District Attorney’s Office and New York City Police Department in this preventative effort to safeguard homes from prescription drug misuse.”

The District Attorney said that, according to a National Survey on Drug Use and Health, more than 11.5 million people age 12 and older misuse a prescription pain reliever each year. More than 40 percent of those drugs are obtained from friends and family members – typically without their knowledge. National Prescription Drug Take Back Day is aimed at addressing this issue while providing education about the danger of misuse of prescribed medication.

On Friday, April 21, between 9:30 a.m. and 4 p.m., safe drop off sites for expired and unused medication will be available to the public throughout Brooklyn, no questions asked. The 13 locations, including the lobby of the DA’s Office, community centers, senior centers and churches, will be staffed with uniformed officers and include educational literature. The full list of locations is available in the attached flyer.

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FOR IMMEDIATE RELEASE

Monday, April 10, 2023

Queens Man Sentenced to Prison for Stealing School Bus,

Crashing into Numerous Vehicles and Causing Injuries to Other Drivers

   Defendant Ignored Police Orders to Stop, Fled with Officers Holding on to Bus

Brooklyn District Attorney Eric Gonzalez today announced that a Queens man has been sentenced to seven years in prison for stealing a school bus in East Flatbush and driving recklessly across multiple police precincts, damaging property and other vehicles, and injuring other drivers. The defendant pleaded guilty to attempted assault last month.

District Attorney Gonzalez said, “Today’s sentence holds this defendant accountable for his brazenly reckless conduct that caused mayhem across several communities and put countless lives at risk. Thankfully there were not more serious injuries to the police officers and the public.”

The District Attorney identified the defendant as Anthony Reyes, 44, of Jamaica, Queens. He was sentenced today by Brooklyn Supreme Court Justice Jane Tully to seven years in prison and five years’ post-release supervision. The defendant pleaded guilty to first-degree attempted assault on February 10, 2023.

The District Attorney said that, according to the investigation, on December 2, 2021, at approximately 1:30 p.m., the defendant stole an unoccupied school bus, with keys in the ignition and the engine running from the driveway of a house on East 51^st Street in East Flatbush in the 67^th precinct. A call was placed to 911 to report the stolen bus, along with its GPS location.

Within a short period of time police officers saw the bus parked in the 75^th precinct, near 138 Jackie Robinson Parkway, with the defendant in the driver’s seat. Police approached the vehicle and the defendant started to drive away, even though one officer was holding on to the vehicle. Eventually, the officer let go as the defendant fled in the bus.

Within approximately 30 minutes, in the confines of the 73^rd and 75^th precincts, the defendant rammed into the side of a building and continued driving. He then rammed into multiple vehicles, both parked and in the middle of the street stopped at a traffic light. Two of the vehicles still had individuals inside during the impact. One of the vehicles he struck was occupied by a woman, and police managed to pull her out of the vehicle before the defendant struck it a second time, dragging the vehicle down the street. Eventually, the defendant was apprehended by police in the confines of the 75^th precinct. used in the shooting was recovered from a trashcan in front of a nearby building.

As a result of the incident, multiple people suffered minor injuries.

The case was prosecuted by Senior Assistant District Attorney Aleena Peerzada and Assistant District Attorney Kaitlin Kinsella, of the District Attorney’s Blue Zone Trial Bureau, under the supervision of Assistant District Attorney Kin Ng, Bureau Chief.

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FOR IMMEDIATE RELEASE

Friday, March 31, 2023

Defendant Sentenced to 17 Years in Prison for Attempted Murder of Former Girlfriend, who was Beaten, Stabbed and Left for Dead

Defendant Located in California and was Returned to Brooklyn Five Years After Attack 

Brooklyn District Attorney Eric Gonzalez today announced that a former Brooklyn resident was sentenced to 17 years in prison for beating his former girlfriend over several hours, repeatedly stabbing her, and slashing her throat. He fled from New York following the 2016 attack, was arrested in California in 2021 and convicted at trial last month.

District Attorney Gonzalez said, “This was a life altering assault that the victim survived because of her will to live for her children.  She showed tremendous courage by coming to court and testifying against her abuser and detailing the many physical and emotional traumas she suffers to this day. I also commend our prosecutors for their commitment to bringing the defendant to justice.”

The District Attorney identified the defendant as Jun Zhang, 59, formerly of Sunset Park, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice E. Niki Warin to 17 years in prison and five years’ post-release supervision. The defendant was convicted of second-degree attempted murder, first-degree assault, and fourth-degree criminal possession of a weapon on February 1, 2023, following a jury trial. The judge also issued a 30-year full order of protection.

The District Attorney said that, according to the evidence, the victim, a 49-year-old woman, and the defendant, her ex-boyfriend, managed Relax Spa, a massage parlor located at 5911 7^th Avenue, in Sunset Park, at the time of the incident.

Furthermore, according to the evidence, on August 23, 2016, at approximately 4 a.m., inside of Relax Spa, the defendant accused the victim of cheating on him, pushed her onto a couch, pulled her hair, picked up a knife, threatened her and prevented her from leaving.

The abuse continued over several hours, according to the evidence, with the defendant eventually throwing the victim to the floor, punching her in the face, stomping on her body, stabbing her in the chest, and slicing her throat multiple times with a knife. He then dragged her into a massage room and left her on the floor. When he eventually returned, he placed his fingers under the victim’s nose, but she held her breath and pretended to be dead.

When the defendant finally left the massage parlor, according to the evidence, the victim managed to make it out on to the street, where she collapsed. Two calls were made to 911, indicating that a woman covered in blood was sitting on some stairs on a sidewalk. Emergency medical technicians responded, and she was rushed to the hospital where she was intubated and remained for a month. She was treated for brain bleeding, a liver laceration, collapsed lungs, deep lacerations to her neck and puncture wounds to her chest. A doctor testified at trial that she had lost 30 to 40 percent of her blood.

The defendant fled New York, but on May 10, 2021 he was arrested in connection with a shooting in California. That case was not prosecuted because the victim did not cooperate. His fingerprints, however, triggered the New York warrant for his arrest and he was extradited to Brooklyn to stand trial.

The case was prosecuted by Senior Assistant District Attorney Shaun Prunotto, of the District Attorney’s Domestic Violence Bureau, and Assistant District Attorney Amanda Fisher, Deputy DV Bureau Chief, with the assistance of Assistant District Attorney Michele Guo, also of the DV Bureau, under the supervision of Assistant District Attorney Kori Medow, Bureau Chief.

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FOR IMMEDIATE RELEASE

Thursday, March 30, 2023

Staten Island Man Sentenced to Prison for LGBTQ Hate Crime

Defendant Struck Two Victims with Metal Object and Shouted Anti-Gay Slurs

Brooklyn District Attorney Eric Gonzalez today announced that a Staten Island man has been sentenced to up to four years in prison for assaulting two people outside of a deli in Flatbush, one of whom was an acquaintance.

District Attorney Gonzalez said, “Attacks victimizing the LGBTQ+ community have surged nationwide, and we have no tolerance for this abhorrent violence in Brooklyn. Today’s sentence holds the defendant accountable for this senseless and unprovoked attack and sends a strong message that those who commit hate crimes will face serious consequences.”

The District Attorney identified the defendant as Aaron Richard, 33, of Staten Island, New York. He was sentenced yesterday to two to four years in prison by Brooklyn Supreme Court Justice John Hecht. The defendant pleaded guilty to third-degree assault as a hate crime on March 15, 2023.

The District Attorney said that, on July 8, 2022, at approximately 5:45 p.m., in the vicinity of 533 Ocean Avenue in Brooklyn, the defendant approached a 22-year-old man with whom he was acquainted as he stood in front of a deli with another person and shouted: “Yo, you f—–s got to go. Let’s get these f—–s out of here. You need to move off this corner.”

The defendant then struck the man in the face with a metal object, causing a laceration. When the second person tried to intervene, that person was struck in the hand with the metal object and suffered a cut.

The defendant was located and arrested on August 30, 2022.

The case was prosecuted by Assistant District Attorney Katherine Gardzalla, of the District Attorney’s Hate Crimes Bureau, and Assistant District Attorney Kelli M. Muse, Chief of the Hate Crimes Bureau.

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FOR IMMEDIATE RELEASE

Friday, March 24, 2023

Doctor and Office Manager at Brighton Beach Medical Clinic

Indicted for $700,000 Healthcare Fraud

Defendants Allegedly Billed Medicaid for Non-Existent Services While Selling $500,000 Worth of Prescriptions for Opioids, Narcotics and Other Controlled Substances

Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Social Services Acting Commissioner Molly Wasow Park, today announced that a doctor and office manager at a Brighton Beach medical clinic have been arraigned on an indictment in which they are charged with grand larceny and healthcare fraud for allegedly defrauding Medicaid out of hundreds of thousands of dollars. In total, the defendants are alleged to have stolen more than $700,000 over a four-year period by fraudulently billing Medicaid for non-existent services and by selling prescriptions for narcotics, opioids, and other controlled substances to patients they were not treating.

District Attorney Gonzalez said, “As the opioid epidemic continues to claim the lives of thousands of New Yorkers each year, it is unconscionable that these medical professionals allegedly endangered their patients’ health, trafficked in controlled substances, and stole hundreds of thousands from Medicaid. Anyone who contributes to the growth of prescription drug abuse, imperils the health and safety of Brooklyn residents, or rips off the taxpayers will be held accountable.”

Department of Social Services Acting Commissioner Park said, “The alleged conduct of these individuals is absolutely unacceptable and a clear violation of their duties as trusted medical professionals. We thank the Brooklyn District Attorney’s Office and our own DSS Investigators for thoroughly investigating this case and demonstrating that those who exploit our vulnerable neighbors and endanger our communities will face repercussions.”

The District Attorney identified the defendants as Dr. Alexander Ivanov, 66, of Perth Amboy, New Jersey, and Svetlana Kozlovskaya, 64, of Brighton Beach, Brooklyn. They were arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which they are charged with second- and third-degree grand larceny and healthcare fraud. The defendants were released without bail and ordered to return to court on May 31, 2023.

The District Attorney said that, according to the investigation, from approximately 2017 to 2020, the defendants ran a psychiatry practice and pain management clinic at 115 Brightwater Court in Brighton Beach where they allegedly billed Medicaid and other healthcare administrators for more than $200,000 worth of psychotherapy sessions that were never administered. Additionally, it is alleged that Dr. Ivanov wrote over $500,000 worth of prescriptions for controlled substances to patients in exchange for cash. The controlled substances included suboxone, alprazolam, amphetamine, clonazepam, diazepam, methadone, morphine, oxycodone, and tramadol. According to the investigation, many of the doctor’s patients were, in fact, substance abusers who were not receiving any kind of treatment or examination at the clinic. Furthermore, it is alleged there was no bloodwork or urinalysis performed to monitor the patients’ drug intake levels. The prescriptions were subsequently filled and paid for by Medicaid and other healthcare administrators.

The case was investigated by Detective Investigators from the District Attorney’s office, the New York City Department of Social Services, and United States Department of Health and Human Services.

The case is being prosecuted by Senior Assistant District Attorney Pamela J. Murray, of the District Attorney’s Frauds Bureau, under the supervision of Assistant District Attorney Patricia McNeill, Chief of the District Attorney’s Investigations Division.

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

 

FOR IMMEDIATE RELEASE

Thursday, March 16, 2023

Brooklyn District Attorney Moves to Vacate Wrongful Conviction of

Man Who Pleaded Guilty to Manslaughter After Real Killer Confessed

Was Initially Convicted of 1990 Murder but Agreed to Plead Guilty to Get Out of Prison

After Serving 19 Years; Consistently Maintained his Friend was the Gunman

Brooklyn District Attorney Eric Gonzalez today announced that following a thorough investigation by his Conviction Review Unit (CRU), he will move to vacate the conviction of Emel McDowell, 50, who was convicted of a 1990 murder in Bedford-Stuyvesant. After maintaining his innocence while serving 19 years for murder, the defendant pleaded guilty to manslaughter in 2009 under an agreement that allowed him to be released from prison. He has consistently claimed that his friend was the killer, and he wasn’t involved, which the CRU confirmed when that individual confessed, explaining that he acted in self-defense. The full CRU report is available here.

District Attorney Gonzalez said, “Our legal system failed Emel McDowell when he was wrongfully convicted of murder in 1990 and his release years later was conditioned on an admission to a crime he did not commit. A full reinvestigation by our Conviction Review Unit confirmed that another individual fatally shot the victim, as Mr. McDowell has consistently maintained, and today we will ask to give him his good name back. As prosecutors, it is our obligation to do justice in every case, and I am committed to continuing this important work to enhance fairness and community trust.”

Mr. McDowell will appear in court today at 11 a.m. before Brooklyn Supreme Court Justice Matthew D’Emic at 320 Jay Street, 15^th Floor.

The District Attorney said that based on the testimony of two witnesses, McDowell, who was 17 at the time of the murder, was convicted of killing 19-year-old Jonathan Powell following a fight inside a party in the early hours of October 27, 1990. The police investigation lasted less than 24 hours despite conflicting accounts from several witnesses. In his statement to investigating officers, McDowell claimed that it was his friend who shot and killed the victim.

Despite indications from other witnesses that the friend may have been culpable, only McDowell stood trial. A jury convicted him of murder and weapons possession, and he was sentenced to 22 years to life in prison. McDowell subsequently drafted and filed numerous motions proclaiming his innocence and asking that his conviction be thrown out or that his sentence be reduced. In a 2007 motion to set aside the verdict, the defendant submitted a letter, sent to him from his former friend in 1991, in which the former friend alluded to the fact that he was responsible, writing in part: “I don’t think I deserve to walk the face of the earth because one of my friends is locked up, for something that he didn’t do.”

The 2007 motion also included affidavits from six witnesses, all of whom said McDowell was not the shooter, and three of whom indicated that it was the friend who shot the victim. A judge ordered a hearing and, before it commenced, prosecutors offered the defendant a plea to manslaughter and a sentence of six to 18 years, which effectively meant that he could be released from prison. When accepting the plea, after lengthy consideration, the defendant admitted in court that he possessed a handgun and was acting in concert with his friend when the friend fatally shot the victim.

McDowell’s lawyer asked CRU to reinvestigate the case, claiming that his client was pressured to plead guilty because he didn’t want to spend one more day in prison for a crime he didn’t commit. The Unit reinterviewed many of the witnesses as well as others involved in the prosecution and became all but convinced of the veracity of the former friend’s 1991 letter. CRU also confirmed that the letter was given to the defense attorney before trial, but he did not investigate it and did not alert the prosecution to its existence.

The CRU interviewed the former friend in the presence of his attorney. He said that there was an altercation inside the party between McDowell’s and his group of friends, and another group of young men, including the deceased. He went on to say that, as the group exited the location, the deceased (who earlier threatened to kill the friend and members of his group) ran at them and he then shot him in self-defense. He added that the McDowell was not armed. The friend also confirmed that he was never contacted by McDowell’s defense lawyer. The CRU found that his “demeanor and emotional state throughout the interview demonstrated that he was overwhelmed with guilt and relieved to confess.”

The CRU further found that the short police investigation was inadequate as it did not explore the distinct possibility, advanced by some of the witnesses, that the friend was the shooter. That was likely due to tunnel vision and confirmation bias that led “the police to focus on one suspect and discount evidence to the contrary,” according to the report. It also found that the defense counsel failed to follow up on evidence implicating the friend, which CRU reviewed and found persuasive.

In light of these findings, the CRU concluded that the plea agreement to manslaughter – offered by prosecutors in good faith and accepted by the defendant reluctantly – was not warranted. Accordingly, it recommended that the conviction be vacated, and the underlying indictment dismissed.

The CRU referred the case to the Homicide Bureau to determine the viability of any additional prosecution.

To date, the work of the Conviction Review Unit has resulted in the vacatur of 35 convictions since 2014. Currently, CRU has approximately 50 open investigations.

This case was investigated by Assistant District Attorney Rachel Kalman of the District Attorney’s Conviction Review Unit, with assistance from Assistant District Attorney Lori Glachman, under the supervision of Charles Linehan, Unit Chief.

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FOR IMMEDIATE RELEASE

Thursday, March 9, 2023

Driver Charged in Deadly Williamsburg Hit and Run

Allegedly Left Scene After Striking and Injuring Pedestrian

In Crosswalk Near the Brooklyn Navy Yard

Brooklyn District Attorney Eric Gonzalez today announced that a Queens man has been indicted for second-degree manslaughter, second-degree reckless endangerment, and other related charges in connection with a fatal hit and run in Williamsburg in which he allegedly struck a 59-year-old pedestrian in the crosswalk. The victim, a grandmother, suffered severe head injuries and later died.

District Attorney Gonzalez said, “Instead of stopping to call an ambulance or offer aid, this defendant heartlessly left the scene after he allegedly struck and fatally injured a beloved grandmother and cherished member of the community. After a thorough investigation, we will now seek to hold the defendant accountable for his dangerous and criminal conduct. I am committed to keeping Brooklyn’s streets safe for all people.”

The District Attorney identified the defendant as Daniel K. Buckley, 67, of Queens. He was arraigned today before Brooklyn Supreme Court Justice Matthew Sciarrino on an indictment in which he is charged with second-degree manslaughter, criminally negligent homicide, three counts of leaving the scene of an incident without reporting, second-degree reckless endangerment, reckless driving, two counts of failure to yield, improper driving on roadways laned for traffic, violating a pedestrian’s right of way in a crosswalk, and making an illegal left turn. The judge ordered the defendant to be released without bail and to return to court on May 19, 2023. He faces up to five to 15 years in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on November 28, 2022, at about 5:45 p.m., the defendant was driving his 2005 GMC Envoy out of the Brooklyn Navy Yard where he was employed as a swing truck operator for the television series “The Blacklist.” Based on video surveillance obtained during the investigation, the defendant took the exit onto Kent Avenue, driving across the two-way street and into oncoming traffic. In order to avoid colliding with two vehicles travelling on Kent Avenue, the defendant allegedly made an illegal turn onto Taylor Street where he struck a pedestrian, Leah Kohn, 59, in the crosswalk.

Furthermore, according to the investigation, video surveillance shows the defendant driving off without stopping as the victim, who had the right of way, lay bleeding on the pavement.

The victim was taken to Bellevue Hospital Center where she died on December 17, 2022, due to complications from blunt force trauma to the head.

This case was investigated by New York City Police Department Detective Curt Cunningham, of the Collision Investigation Squad and Detective Investigators for the District Attorney’s office.

This case is being prosecuted by Senior Assistant District Attorney Joseph T. Tillman, and Assistant District Attorney Molly Sheehan, both of the Grey Zone Trial Bureau, under the supervision of Courtney Hogg, Deputy Bureau Chief, Grey Zone, Robert Walsh, Bureau Chief Grey Zone, and Jennifer Nocella, Deputy Bureau Chief, Street Safety Bureau.

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

 

FOR IMMEDIATE RELEASE

Thursday, March 9, 2023

Brooklyn District Attorney Moves to Vacate Wrongful Conviction of

Man Who Spent Over 18 Years in Prison Despite Botched Identification

Detectives Used Photo Array ID of Different Person as Probable Cause to Make Arrest, Later Misled Court About That; Prosecutorial and Judicial Errors Compounded Police Misconduct

Brooklyn District Attorney Eric Gonzalez today announced that following a thorough investigation by his Conviction Review Unit (CRU), he will move to vacate the conviction of Sheldon Thomas, 35, who was convicted of a 2004 murder in East Flatbush. The DA will also ask to dismiss the indictment and free Mr. Thomas, who’s been incarcerated for over 18 years. The defendant was arrested based on a witness identification of a different person with the same name – a mistake that was first concealed and then explained away during the proceedings. In fact, the reinvestigation concluded that detectives were intent on arresting the defendant and used the faulty identification procedure as pretext. The complete CRU report on the case is available here.

District Attorney Gonzalez said, “We must strive to ensure fairness and integrity in every case and have the courage to correct mistakes of the past. That is what we are doing in this case, where an extensive reinvestigation by my Conviction Review Unit revealed that it was compromised from the very start by grave errors and lack of probable cause to arrest Mr. Thomas. He was further deprived of his due process rights when the prosecution proceeded even after the erroneous identification came to light, making his conviction fundamentally unfair. I am determined to continue doing this critical work whenever we discover a questionable conviction in Brooklyn.”

The defendant will appear in court today at 2:15 p.m. before Brooklyn Supreme Court Justice Matthew D’Emic in 320 Jay Street, 15^th Floor.

The District Attorney said that three alleged gang members, including Thomas, were charged with killing 14-year-old Anderson Bercy and wounding another individual on December 24, 2004, in East Flatbush, Brooklyn. The evidence indicated that two guns were used and that the shooters were inside a white car. A witness initially identified two men she knew, who did not include defendant Thomas, as being in the car.

The case detective then asked to unseal the defendant’s prior arrest so he could use his picture in a photo array (that prior case involved the defendant pointing an inoperable gun at officers and resisting arrest). Before that request was completed, detectives obtained a photo of another Sheldon Thomas from a police database. They showed an array with that photo to the witness, who identified the wrong Thomas as being in the car with 90 percent certainty. Based on her identification, the detectives went to the defendant’s address – not to the address of the Sheldon Thomas whose photo the witness had identified – and arrested him. The defendant denied any involvement in the homicide, but the same witness who identified the other Thomas in the array also identified defendant Thomas in a lineup – effectively identifying two different people as the perpetrator. Thomas was then indicted along with the two others.

It wasn’t until a pretrial hearing in June 2006 that the array identification of the wrong Thomas came to light. After initially identifying the defendant as the Thomas in the photo array and testifying that he had never seen him before the arrest, Detective Robert Reedy, on cross examination, admitted that he falsely testified, and the defendant was actually not in the array. Another detective testified for the first time that the defendant got on their radar based on an anonymous tip and also conceded that, when questioned a few days after the murder, the defendant had told them that it wasn’t him in the photo array. (There is no indication the detectives memorialized this information and the partner’s claim that he had reported the array error to a prosecutor before the grand jury presentation was refuted in affirmations from prosecutors.)

Despite these revelations, the judge found that there was probable cause to arrest Thomas based on “verified information from unknown callers” and the fact that he resembled the other Thomas from the photo array. (Then-retired Det. Reedy was later disciplined following an investigation by the Internal Affairs Bureau.)

Before the trial started, the DA’s Office dismissed the charges against one of the three suspects, who the same witness failed to identify in a double-blind lineup and because prosecutors thought he had a credible alibi. Thomas stood trial with a codefendant, who allegedly threatened the victims two days before the shooting. The jury acquitted that codefendant. Thomas was convicted of second-degree murder, attempted murder and related counts, and was sentenced to 25 years to life in prison.

The CRU conducted a full reinvestigation and reinterviewed many of the witnesses involved in the case. It concluded that the defendant was denied due process at every stage, making his conviction fundamentally unfair. The reinvestigation found that detectives, particularly Reedy, repeatedly harassed the defendant after his gun arrest. That substantiated conduct contradicts the detective’s testimony that he had never seen the defendant before and can explain why he arrested him for the murder despite the lack of evidence.

The CRU concluded that the witness’ identifications of Thomas were prompted by the detectives. It also concluded that – despite assertions by police, prosecutors, the trial judge and an appellate panel – the Thomas in the photo array and the defendant do not look alike. Notably, in a study commissioned by the defense, 32 law students of color were shown a photo of the defendant (who is black) and then the photo array. Of them, 27 concluded the defendant was not in the photo array. Of the other five, only one thought the Thomas in the array was the defendant.

The CRU found no evidence that anonymous tips played a part in the police’s interest in the defendant as a suspect and concluded that, under the circumstance involving the erroneous photo array, there was no probable cause to make the arrest. It found the prosecutor’s tactic after the mistaken identification came to light – which was to discount the array because the witness wasn’t 100 percent sure – to be improper, since prosecutors had previously notified the defense that defendant had been identified in a photo array. The prosecutor also improperly elicited testimony that the witness saw the suspect whose case was later dismissed shooting from the car – without the jury knowing that the driver’s case was dismissed. Finally, the CRU identified serious errors by the defense counsel that were detrimental to his client and determined that judicial decisions were based on misrepresentations.

For all these reasons and others, the CRU recommended to vacate the conviction as “the errors undermined the integrity of the entire judicial process and defendant’s resulting conviction.” Because the evidence was and is defective, the case cannot be retried, and the CRU recommended to dismiss the underlying indictment.

To date, the work of the Conviction Review Unit has resulted in 34 convictions being vacated since 2014. Currently, CRU has approximately 50 open investigations.

This case was investigated by Assistant District Attorney John Sharples of the District Attorney’s Conviction Review Unit, under the supervision of Charles Linehan, Unit Chief.

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FOR IMMEDIATE RELEASE

Monday, February 27, 2023

 

Veteran Court Employee Indicted for Stealing over $69,000 

 Defendant Worked as Supervising Cashier in the Kings County Clerk’s Office

Brooklyn District Attorney Eric Gonzalez, together with New York State Unified Court System Inspector General Sherrill Spatz, today announced that a Staten Island woman has been arraigned on an indictment in which she is charged with grand larceny, tampering with public records, falsifying business records, offering a false instrument for filing, and official misconduct for allegedly stealing more than $69,000 by voiding cash transactions involving court filings and pocketing the money.

District Attorney Gonzalez said, “This defendant’s alleged theft is a betrayal of the trust of her employer and the public. We will now seek to recover the funds allegedly stolen from the court and hold this defendant accountable.”

Inspector General Spatz said, “We appreciate the hard work of the Office of Court Administration auditors and the support and efforts of the Brooklyn District Attorney’s Office to further investigate and prosecute this case.”

The District Attorney identified the defendant as Lori Argiro-DiPietro, 55, of Staten Island, New York. She was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 47-count indictment in which she is charged with second-degree grand larceny, first-degree tampering with public records, first-degree falsifying business records, first-degree offering a false instrument for filing, and official misconduct. She was released without bail and ordered to return to court on April 26, 2023.

It is alleged that between January 1, 2020 and August 9, 2022, the defendant allegedly voided at least 436 cash transactions totaling $69,515.50 according to the investigation.

It is further alleged that the defendant stole the $69,515.50 by voiding cash transactions involving persons who paid to file or obtain documents from the Court, such as divorce or business certificate filings. Although the defendant filed the documents or provided copies to the persons seeking them, she allegedly voided the transactions in the records of the New York State Unified Court System and kept the funds.

Argiro-DiPietro worked for the Unified Court System for 37 years before she was terminated on August 10, 2022. The investigation began following a routine audit by the NYS Unified Court System’s Internal Audit Services office of the financial records and internal controls of the Kings County Clerk’s Office, specifically relating to cash receipts and disbursements of KCCO’s Cashier’s Office.

The case was referred to the District Attorney’s office by the Unified Court System’s Inspector General’s Office.

The case is being prosecuted by Senior Assistant District Attorney Tammy Chung of the District Attorney’s Public Integrity Bureau, under the supervision of Assistant District Attorney Adam Libove, Deputy Bureau Chief, and Assistant District Attorney Laura Neubauer, Bureau Chief, and the overall supervision of Assistant District Attorney Michel Spanakos, Deputy Chief of the District Attorney’s Investigations Division and 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, February 22, 2023

 

Coney Island Teenagers Indicted for Beating and Stabbing Death of

17-Year-Old Boy in After School Gang Assault

 Thirteen-Year-Old Charged with Murder for Allegedly Stabbing Victim to Death; Co-Defendants Charged with Manslaughter for Allegedly Kicking and Punching Victim

            Brooklyn District Attorney Eric Gonzalez today announced that three teenagers have been arraigned on an indictment in which they are variously charged with murder, manslaughter and gang assault for allegedly fatally attacking a 17-year-old boy in Coney Island in an after-school assault stemming from a dispute over a girl.

            District Attorney Gonzalez said, “Nyheem Wright had his whole life ahead of him when he was brutally and senselessly murdered, and my heart goes out to his family, friends and all those impacted by this horrific crime. That this terrible attack was allegedly committed by young teenagers is shocking and heartbreaking, but we will not tolerate this kind of violence in Brooklyn, and my office will vigorously seek justice on Nyheem’s behalf.”

            The District Attorney said the defendants are 13- ,14- and 16-year-old boys, all of Coney Island, Brooklyn. They were arraigned today before Brooklyn Supreme Court Justice Craig Walker on an indictment in which they are variously charged with second-degree murder, first-degree manslaughter and first- and second-degree gang assault. The 13- year-old defendant is being held without bail, the 14-year-old’s bail is set at $50,000 cash or $75,000 bond and the 16-year-old’s bail is set at $75,000 cash or $100,000 bond. The defendants were ordered to return to court on April 12, 2023. The 13-year-old faces a maximum sentence of nine years to life in prison if convicted of the top count with which he is charged. The two other defendants face up to 10 years in prison if convicted of the top count with which they are charged.

            The District Attorney said that, according to the investigation, on January 20, 2023, at approximately 3:15 p.m., the victim, Nyheem Wright, 17, was in front of a strip mall located at 3001 Mermaid Avenue with his twin brother when he was allegedly surrounded by the defendants and a fight ensued. The two older defendants allegedly kicked and punched Nyheem about the head and body and the youngest defendant then allegedly charged at the victim and stabbed him in the torso.

            The defendants fled the scene and turned themselves into police two days later.

            Nyheem Wright died of a stab wound to the torso, according to the Office of the New York City Chief Medical Examiner.

            The case is being prosecuted by Senior Assistant District Attorney Jhounelle Cunningham, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Leila Rosini, Homicide Bureau Chief.

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