Press Releases

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.

#

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.

#

FOR IMMEDIATE RELEASE
Monday, March 15, 2021

Brooklyn Man Sentenced to 18 Years in Prison for Rape of Three Women

Defendant Pleaded Guilty to Attacking the Victims in 2019 and 2020

Brooklyn District Attorney Eric Gonzalez today announced that a Canarsie man has been sentenced to 18 years in prison for raping three women, in separate incidents, in his car after physically assaulting them, causing two victims to lose consciousness.

District Attorney Gonzalez said, “I am committed to seeking justice for all victims of sexual violence in Brooklyn. With today’s sentencing this defendant, who repeatedly preyed on vulnerable women and continued his violent behavior even after getting arrested, has now been held accountable for his actions. Our communities are safer now that this defendant has been taken off our streets.”

The District Attorney identified the defendant as Ayindee Boyce, 25, of Canarsie, Brooklyn. He was sentenced today to 18 years in prison by Brooklyn Supreme Court Justice Dineen Riviezzo. The defendant, who pleaded guilty to three counts of first-degree rape on February 17, 2021, must register as a sex offender upon his release from prison.

The District Attorney said that, according to the evidence, on August 3, 2019, at approximately 1:30 a.m., the defendant pulled up to a 21-year-old woman in East New York and asked her if she wanted to “chill.” After the victim got into his car he drove to Canarsie, where he asked the woman to get into the backseat of his car so he could look for something. He then offered her $20 for what she believed would be a sex act, and she told him it was not enough. When she tried to get out of the car, the defendant applied pressure to her neck and raped her. When she managed to open the car door, he slammed it shut and threatened to kill her. He then drove a short distance away and let her out of the car. She immediately reported the attack to police officers she spotted on the street. She was taken to a hospital and a sexual assault evidence collection kit was performed.

Furthermore, according to the evidence, on September 15, 2019, the defendant picked up a 24-year-old woman he met once before, drove her to a driveway in Canarsie, and told her to get in the backseat. He also got in the backseat, pushed her down and applied pressure to her neck and raped her. At one point the victim managed to escape through an open car door window and ran down the street, with the defendant chasing after her. He continued to strangle her and hit her on the head. The attack was interrupted by a Good Samaritan who called 911. Police responded and the victim was taken to a hospital where a sexual assault evidence collection kit was performed. On September 24, 2019, the defendant, whose name was known to the victim, was arrested by the police. He consented to give a DNA sample, which came back as a match for the August 3, 2019 incident.

Finally, early on September 14, 2020, while out on bail that he posted in June 2020, the defendant pulled up to a 26-year-old woman in East New York and offered her $100 for sex. The woman agreed and got in the car. After driving a short distance, the defendant demanded oral sex. When the victim asked for the money first, the defendant applied pressure to her neck, causing her to lose consciousness. He then raped her and repeatedly threatened to kill her. He then forced her out of the car and kept her purse. She called 911 and was taken to a hospital where a sexual assault evidence collection kit was performed. A DNA hit subsequently linked the defendant to the incident. He was arrested again on December 2, 2020 and remanded without bail.

The case was prosecuted by Senior Assistant District Attorney Michael Zebrowski, of the District Attorney’s Special Victims Bureau, under the overall supervision of Assistant District Attorney Miss Gregory, Bureau Chief.

#

FOR IMMEDIATE RELEASE
Thursday, March 11, 2021

Brooklyn Man Arraigned on Indictment Charging Him
With Sexually Assaulting Two Female Relatives

Defendant Was Extradited from Israel After Fleeing U.S. in 2010

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn man who fled to Israel in 2010 to allegedly escape charges that he repeatedly sexually assaulted two young relatives has been returned to Brooklyn. He was arraigned today on an indictment in which he is charged with course of sexual conduct against a child, criminal sexual act and sexual abuse.

District Attorney Gonzalez said, “This defendant tried to escape justice by fleeing our jurisdiction. Today’s arraignment on these serious charges is our first step to bringing him to justice for this alleged terrible betrayal of trust. There is no place in our society for this type of predatory behavior, and I am committed to prosecuting cases such as this despite lengthy extradition proceedings.”

The District Attorney identified the defendant as Gershon Kranczer, 65, of Midwood, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Dena Douglas on an indictment in which he is charged with second-degree course of sexual conduct against a child, second-degree criminal sexual act and second-degree sexual abuse. He was ordered held without bail and to return to court on March 22, 2021.

The District Attorney said that, according to the investigation, on multiple occasions from August 1996 to February 2003, in Midwood, Brooklyn, the defendant allegedly sexually assaulted a child from the time she was six years old to 13 years old. He allegedly sexually abused a second child between March 2001 and September 2002 when she was approximately 11 years old.

The defendant fled to Israel in November 2010 to allegedly escape prosecution. He was returned to New York today by the United States Marshals Service.

The investigation was conducted by New York City Police Detective Steve Litwin, formerly assigned to the Brooklyn Special Victims Squad and currently assigned to the Cold Case Squad.

The case is being prosecuted by Senior Assistant District Attorney Connie Solimeo, of the District Attorney’s Special Victims Bureau, under the supervision of Assistant District Attorney Miss Gregory, Chief.

#

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

FOR IMMEDIATE RELEASE
Wednesday, March 10, 2021

Three Individuals Indicted for Asphyxiation Death of
Brooklyn Man in his Crown Heights Apartment

Victim Was Allegedly Killed During a Robbery by Female Acquaintance and Two Others

Brooklyn District Attorney Eric Gonzalez today announced that a woman and two men have been arraigned on an indictment in which they are charged with murder, robbery and burglary for the asphyxiation death of Malcolm Holder.

District Attorney Gonzalez said, “Malcolm Holder was killed in his own home allegedly by a woman he trusted and her accomplices. This was an incredibly callous murder of an innocent man whose family and friends are devastated by his death. We will now seek to bring these defendants to justice.”

The District Attorney identified the defendants as Amanda Sylvester, 35, Sean Idlet, 49, and Barber Byron, 61, all of Brooklyn. They were arraigned today before Brooklyn Supreme Court Justice Vincent Del Giudice on an indictment in which they are charged with second-degree murder, first-degree robbery and first- and second-degree burglary. The defendants were ordered held without bail and to return to court on June 23, 2021. They face up to 25 years to life in prison if convicted of the top count.

The District Attorney said that, according to the investigation, on January 22, 2021, at approximately 4 a.m., the defendants allegedly attacked Malcom Holder, 46, in his Crown Heights apartment during a robbery. It is alleged that Sylvester was an acquaintance of the victim and that she and her boyfriend, Idlet, and another man, Byron, went to the apartment to rob the victim. After Mr. Holder let Sylvester into the apartment, it is alleged, the other two defendants forced their way in. They allegedly stole a cash box containing an unknown amount of money, a PlayStation console, a speaker and a cell phone.

The victim was found later that morning inside of his apartment by a home health aide. His hands and legs were tied with electrical cord and he was face down on the living room floor.
The Medical Examiner determined the cause of death to be asphyxiation.

The case is being prosecuted by Senior Assistant District Attorneys Lana Schlesinger and Daphney Gachette, of the District Attorney’s Homicide Bureau, under the supervision of Assistant District Attorney Timothy Gough, Homicide Bureau Chief.

#

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

FOR IMMEDIATE RELEASE
Tuesday, March 2, 2021

Driver Who Allegedly Blew a Red Light While Speeding, Seriously Injuring a Brooklyn Woman,
Indicted for Assault and Reckless Endangerment

Drove over 70 mph in a Residential Roadway and T-Boned Livery Cab;
Posted Videos Showing Reckless Driving in the Same Vehicle

Brooklyn District Attorney Eric Gonzalez today announced that a 22-year-old man has been indicted for assault, reckless endangerment and other charges for allegedly causing a car crash that seriously injured a Brooklyn mother of six. A dashboard camera captured the driver allegedly running a red light at a Bedford-Stuyvesant intersection and colliding with a livery cab that carried the 32-year-old victim.

District Attorney Gonzalez said, “This defendant chose to drive his car in a highly dangerous and reckless manner, allegedly speeding and ignoring a traffic light, and caused a devastating crash that nearly killed a beloved mother. We believe this was not an aberration – videos he allegedly posted online show him driving the same vehicle in an extremely reckless fashion. We will not allow drivers to treat our roads like racetracks and act with complete disregard for the lives of others. Such behavior is criminal and will be prosecuted in Brooklyn.”

The District Attorney identified the defendant as Jalen Ryan Ortiz, 22, of Middletown, New York. He was arraigned today before Brooklyn Supreme Court Justice Laura Johnson on an indictment in which he is charged with second- and third-degree assault, second-degree reckless endangerment, reckless driving, speeding and running a red light. The defendant was ordered to be on supervised release and to return to court on April 20, 2021. His driver’s license was suspended, and he faces a maximum sentence of seven years in prison if convicted of the top count with which he is charged.

The District Attorney said that, according to the investigation, on November 30, 2020, at approximately 12:24 a.m., the defendant was driving his Dodge Charger 392, which was painted with the theme of the movie “Scream” and had the license plate number SCR3AM, northbound on Bedford Avenue. Video from the car’s dashboard camera shows the defendant allegedly driving aggressively and at a high rate of speed for several blocks as he approached Dekalb Avenue in Bedford-Stuyvesant. Blackbox data indicates that he was travelling at 77 mph and the gas pedal was pressed all the way down approximately one second prior to the collision, the investigation found.

The evidence shows that at the intersection of Dekalb and Bedford Avenues, the defendant ran through a steady red light and broadsided a livery cab. A 32-year-old passenger who was seated in the back seat was ejected through a side window and suffered traumatic brain injury, a lacerated spleen, several fractures to her spine and ribs, a broken clavicle, and a subarachnoid hemorrhage. She was hospitalized for approximately two months.

After broadsiding the livery cab, the defendant then crashed into a row of cars that were parked on Bedford Avenue. The cab driver and the defendant both suffered minor injuries.

Videos that were posted on the defendant’s Instagram account show him driving the same vehicle at a fast rate of speed and performing reckless car tricks in residential streets.

Senior Assistant District Attorney Jacob Uriel of the District Attorney’s Street Safety Bureau assisted in the investigation.

The case is being prosecuted by Assistant District Attorney Robert Walsh, former Chief of the District Attorney’s Blue Zone Trial Bureau and Senior Assistant District Attorney Joseph Mancino, also of the Blue Zone.

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

#

FOR IMMEDIATE RELEASE
Tuesday, March 2, 2021

Brownsville Handyman Indicted for Killings of
Three Elderly Women Who Lived in His Building

Defendant Allegedly Did Odd Jobs for Victims,
Strangled or Stabbed Victims for Money He Claimed to Be Owed

Brooklyn District Attorney Eric Gonzalez today announced that a Brownsville man has been arraigned on an indictment in which he is charged with first- and second-degree murder for allegedly fatally stabbing or strangling three elderly women who lived in his building in the New York City Housing Authority’s Carter G. Woodson houses during separate incidents between 2015 and 2021.

District Attorney Gonzalez said, “This defendant is an alleged serial killer who murdered three of his elderly neighbors who trusted him and welcomed him into their homes only to have that trust violated in the worst way imaginable. These victims were mothers, grandmothers and beloved friends whose violent deaths have had a chilling effect inside their housing complex and on the Brownsville community. We will do everything we can to seek justice for the victims and the many family members and friends who were left without their loved ones.”

The District Attorney identified the defendant as Kevin Gavin, 66, of Brownsville, Brooklyn. The defendant was arraigned today by Brooklyn Supreme Court Justice Vincent Del Giudice on an indictment in which he is charged with one count of first-degree murder and three counts of second-degree murder. The defendant was ordered held without bail and to return to court on July 6, 2021. He faces a maximum sentence of life without the possibility of parole if convicted of the top count.

The District Attorney said that, according to the investigation, between November 8, 2015 and January 14, 2021, the defendant allegedly murdered three elderly women who lived in his building in the New York City Housing Authority’s Carter G. Woodson houses. The defendant allegedly performed odd jobs for the victims and other building tenants for money.

It is alleged that on November 8, 2015, at approximately 2 p.m., the defendant fatally stabbed Myrtle McKinney, 82, in the neck with a steak knife inside the victim’s apartment.

It is alleged that on April 30, 2019, at approximately 11:45 p.m., the defendant strangled Jacolia James, 83, inside the victim’s apartment.

It is alleged that on January 14, 2021, at approximately 10 a.m., in the course of robbing her, the defendant strangled Juanita Caballero, 78, inside the victim’s apartment by wrapping a phone cord around her neck.

A few days after the death of Ms. Caballero, the defendant was allegedly recorded on video surveillance in several different locations using stolen debit and benefit cards that belonged to the victim.

The defendant was apprehended by investigators from the New York City Police Department’s 73rd Precinct on January 21, 2021. The defendant allegedly stated that he argued with each of the victims over money he said they owed him and that the defendant fought with each victim prior to their death.

DNA evidence recovered from the body of Ms. James was also matched to the defendant.

This case is being prosecuted by Assistant District Attorney Tim Gough, Chief of the District Attorney’s Homicide Bureau, with the assistance of Senior Assistant District Attorney Matthew Midey, also of the Homicide Bureau.

#

FOR IMMEDIATE RELEASE
Monday, March 1, 2021

Brooklyn Attorney Indicted for Allegedly Stealing Approximately $201,000 From Three Individuals in Legal Matters he Handled

Defendant Allegedly Withheld Down Payment in Real Estate Transaction,
Allegedly Kept Settlements for Two Clients in Personal Injury Cases

Brooklyn District Attorney Eric Gonzalez today announced that a Brooklyn attorney has been arraigned on an indictment in which he is charged with several counts of grand larceny for allegedly stealing approximately $201,000 in funds he received, and was not entitled to, while representing clients.

District Attorney Gonzalez said, “This defendant allegedly betrayed the trust of his clients and abused his power as an attorney, taking advantage of the escrow accounts he controlled to steal hundreds of thousands of dollars to which he was not entitled. We will now seek to hold him accountable for this serious breach.”

The District Attorney identified the defendant as Robert Santoriella, 55, of Yonkers, New York, who had an office in Brooklyn. He was arraigned today in Brooklyn Supreme Court Justice on an indictment in which he is charged with one count of second-degree grand larceny, two counts of third-degree grand larceny and one count of first-degree scheme to defraud. He was released without bail and ordered to return to court on March 17, 2021.

The District Attorney said that, according to the investigation, between December 2018 and February 2021, the defendant represented an individual in the sale of a $1,310,000 lot in Bushwick, Brooklyn. It is alleged that the defendant received a $131,000 down payment from the buyer that he was to hold in escrow until closing. However, it is alleged, that when the deal fell through the defendant failed to return the down payment to the buyer.

Furthermore, it is alleged, between July 2019 and January 2021, the defendant received a $75,000 settlement check stemming from a personal injury action in which he represented the plaintiff. The defendant was entitled to $25,000 as his fee, according to the investigation, but in fact, it is alleged, never turned over any of the proceeds to his client.

Finally, it is alleged, between August 2019 and February 2021, the defendant received a $30,000 settlement check stemming from a personal injury action in which he represented the plaintiff. The defendant was entitled to $10,000 as his fee, according to the investigation, but in fact, it is alleged, never turned over any of the proceeds to his client.

The case is being 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.

#

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

FOR IMMEDIATE RELEASE
Wednesday, February 24, 2021

Brooklyn Man Charged in 52-Count Indictment in Seven Separate Attacks on Women in East Williamsburg, Including at Morgan Avenue Subway Station

Defendant Indicted on Hate Crime Charges for Allegedly Targeting Light-Skinned Women

Brooklyn District Attorney Eric Gonzalez announced today that an East Williamsburg man has been indicted on numerous charges of assault, strangulation and burglary as hate crimes and other charges for allegedly attacking seven women in East Williamsburg, allegedly selecting his victims based on their gender and skin color.

District Attorney Gonzalez said, “This defendant’s alleged violent and unprovoked attacks endangered the women he targeted and caused widespread fear in the community. I am committed to prosecuting all hate crimes where victims, including as alleged in this case, are targeted because of their gender, skin color or race.”

The District Attorney identified the defendant as Khari Covington, 29, who resides in an East Williamsburg transitional housing center. The defendant was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 52-count indictment in which he is charged with second-degree burglary as a hate crime, second-degree strangulation as a hate crime, third-degree assault as a hate crime, third-degree menacing as a hate crime and other related charges. His bail was continued at $150,000. The defendant, who’s considered a mandatory violent persistent felony offender, faces up to 25 years to life in prison if convicted. He was ordered to return to court on April 13, 2021.

The District Attorney said that, according to the investigation, between August 5, 2020 and January 4, 2021, the defendant allegedly assaulted seven women, whom he targeted because they were women and light-skinned, according to his statements to investigators.

The incidents charged in the indictment include the following:

• An assault on August 5, 2020 at approximately 9:45 a.m., inside 20 Morgan Avenue.
• An assault on November 17, 2020, at approximately 8 p.m., inside the Morgan Avenue train station.
• An assault on December 11, 2020 at approximately 9:15 p.m. at the Morgan Avenue train station.
• An assault on December 28, 2020, at approximately 5 p.m., inside the Morgan Avenue train station.
• An assault on January 1, 2021, at approximately 8:35 p.m., inside the Morgan Avenue train station.
• An assault on January 2, 2021, at approximately 9:50 p.m., inside the Morgan Avenue train station.
• An assault on January 4, 2021, at approximately 5:10 p.m., inside a smoke shop located at 12 Wilson Avenue.

Paralegal Michael Chung of the District Attorney’s Hate Crimes Bureau assisted in the case.

The case is being prosecuted by Senior Assistant District Attorney Adriana Rodriguez and Assistant District Attorney Sharmalee Brooks-Gordon, of the District Attorney’s Hate Crimes Bureau, under the supervision of Assistant District Attorney Kelli Muse, Chief of the Hate Crimes Bureau.

#

FOR IMMEDIATE RELEASE
Friday, January 29, 2021

Brooklyn District Attorney Eric Gonzalez Dismisses
All Outstanding Prostitution-Related Warrants

262 Warrants Connected to Offenses That are No Longer Prosecuted Dismissed in First Phase;
DA Calls on Legislature to Repeal Loitering Law and Expunge Prostitution Convictions

Brooklyn District Attorney Eric Gonzalez today announced that he is moving to vacate open bench warrants related to prostitution and loitering for the purposes of prostitution – charges his Office no longer prosecutes. The first batch of 262 warrants dating back to 2012 were vacated this week and their underlying cases were dismissed, with older ones planned for dismissal at a future date. The District Attorney also called on legislators to repeal the loitering for the purposes of prostitution law and to expunge old prostitution-related convictions.

District Attorney Gonzalez said, “I decided to take this action for several reasons: first and most obviously, it doesn’t make sense for someone to have an outstanding warrant for something we no longer prosecute. But beyond that, these warrants have powerful negative consequences for the individual, and they undermine public safety. Because someone with an open warrant is subject to arrest at any time, those engaged in the selling of sex are more likely to be driven underground and be less likely to report abuse or other crimes, which makes both them and others less safe. 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 and less dangerous way of life.

“Vacating these warrants and dismissing these cases is consistent with my view that those who engage in these activities need to be offered assistance, not criminally prosecuted. I am also calling on Albany to repeal the law that prohibits what is known as loitering for purposes of prostitution, because of the vagueness of the law, the stark racial inequalities in its enforcement, and the disproportionate harm that enforcement of the law has caused to vulnerable trans women in our community. Additionally, I am asking the legislature to expunge past prostitution convictions so they will not hold people back from opportunities for a better future.”

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.

Of the 262 warrants vacated this week, 183 pertain to cases with a top count of prostitution (PL 230.00) and 79 with loitering for the purposes of prostitution (PL 240.37). Individuals subject to these warrants failed to appear in court during the pendency of their cases, making them subject to a mandatory arrest if they come into contact with law enforcement. There are about 850 additional warrants dating back from 2011 to the 1970s that are archived and cannot be currently accessed because of the COVID-19 pandemic. They will be dismissed at the earliest possible time and any arrests made on those warrants will not be prosecuted.

In addition, there are 25,575 convictions in Brooklyn for the two offenses mentioned above, 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 that. A bill to repeal the loitering for purposes of prostitution law is currently pending in the Legislature and the District Attorney renewed his support for the repeal.

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

#