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♦offiCe of THe♦ B R o n x C o u n T y disTRiCT aT ToRney annual RepoRT 2009 HosTos CommuniTy College leHman College foRdHam uniVeRsiTy C o l l e g e o f m o u n T s T. V i n C e n T Robert T. Johnson District Attorney www.bronxda.nyc.gov This page left blank on purpose district attorney 's message "Of course, public safety is our top priority, and to achieve that goal we constantly seek new tools and programs, striving to balance vigorous prosecution with innovative rehabilitative programs, participation in specialized courts, anti-crime education, Robert T. Johnson, victim services, and community outreach." Bronx County District Attorney increase from that percentage (27%) was subsequently sentenced to 47 This was a year of contrasts and in the previous year. years to life imprisonment. mixed messages. On the plus side, In 2009, we prosecuted 6,118 This year saw an increase in there were fewer Bronx homicides felony cases, about 6% more than in the use of DNA to solve a variety than in any year since 1966, and 2008. Some cases stand out. Among of crimes, from robbery to burglary violent crime in general continued to these was the tragic shooting of Sadie and assault. Illustrative was the decrease. On the other hand, arrests Mitchell, a 92-year-old who was shot prosecution of Lloyd Farquharson, rose sharply, shooting incidents rose, to death in her own home on East who, in 2006, invaded an apartment, felony prosecutions were up, and the 224 Street. The grand jury indicted demanded money from the occu- Bronx continued to suffer a crime an 18-year-old man for firing the pant, and stabbed her during the rate which is disproportionate to our fatal shot in the course of a dis- attack. In the course of the cleanup, share of the City's population. On pute in broad daylight on the street. the victim found an earring that another front, the worst effects of Although the bullet missed hitting did not belong to her. Subsequent the current economic crisis appear anyone outside, it penetrated the DNA analysis matched the earring to have not yet played out, and, as I first floor window of Ms. Mitchell's to Farquharson, who had been com- write, I anticipate the need for severe house and struck and killed her. pelled to provide a DNA sample and unprecedented budgetary mea- The alleged shooter was indicted after a previous robbery conviction. sures which will certainly impact on for murder in the second degree and On November 6, 2009, Farquharson the core functions of my office. related crimes. was convicted of burglary. He was Thankfully, however, for the Another tragedy involved sentenced to 20 years incarceration. moment violent crime complaints Sheldon Harris, who was rebuffed Moving to other crimes, 2009 continue to decrease. In 2009, index when he attempted to get back saw the prosecution of Jesus Borrero crimes decreased by some 7% from together with Colleen Brown, and Joann Encarnacion, who were 2008. Homicides fell from 132 in the mother of his child. Harris caught after a high speed chase which 2008 to 113 in 2009, and robbery, responded by shooting Ms. Brown, began when a witness saw them steal rape, and grand larceny auto com- her mother, her grandmother, and a Dodge Minivan and ended in a plaints were also down. However, the himself, in the presence of the collision which severely injured the number of shooting victims rose, and child. Colleen's mother was killed; driver of another vehicle. After their with 16.6% of the City's population, the others recovered. On June 26, apprehension, the pair admitted that Bronx shooting incidents represented 2009, a jury found Harris guilty of between January 24 and February 29% of the citywide total, a slight murder in the second degree. He 28, 2009, they had stolen some 19 Annual Report 2009 vehicles, primarily in the vicinity of April 25, 2009, we partnered with to Elder Abuse Coordinator Ellen the 45th precinct. These included the NYPD to launch a Gun Buyback Kolodney … National Highway 15 minivans, apparently the pair's Program to reduce the number of Traffic Safety Administration Award target of choice. Both pleaded guilty illegal firearms in the Bronx. Six for Public Service from the US to assault for causing injury in the houses of worship from diverse Department of Transportation to course of felony grand larceny. faiths and neighborhoods served as Bureau Chief Joe McCormack…. Borrero, the driver of the stolen host sites. This has proved to be the Certificate of Achievement Award van, was sentenced to 4½ years most successful such program in the from the 52nd Precinct Community incarceration, while Encarnacion City to date, netting nearly 1,000 Council to ADA Leah Takantzas …. received probation. guns, including 296 revolvers, 174 Plaque from DCJS "In Appreciation In the area of economic crime, semi-automatic pistols, 242 rifles, of your Work on the Development in 2009 a long-term, joint inves- and 163 shotguns. of the NYS License Plate Reader tigation with the New York City Despite the challenges faced Traffic Safety Initiative," Certificate Department of Finance culminated by this Offices in 2009, our legal of Appreciation from the Detective in the convictions of several Bronx and support staff provided exempla- Investigators Association, and restaurant owners for evading more ry service. Examples in which staff Plaque from the Northeast than five million dollars in taxes. members have been recognized for International Association of Auto So far, the pleas in these cases have excellence include: Criminal Justice Theft Investigators to Deputy recovered over 1.5 million dollars in Public Service Fellowship from Bureau Chief William Zelenka. restitution payments, with more to the New York County Lawyers' As we progress in 2010, facing come in subsequent years. Association to ADA Justin Braun…. what may prove to be an unprec- Of course, public safety is our Career achievement award from the edented budget crisis, I can only top priority, and to achieve that goal Detective Investigators Association state that we will do the very best we we constantly seek new tools and to Deputy Chief Frank Chiara… can to maintain the highest level of programs, striving to balance vig- Thomas E. Dewey medal from the public service within the means that orous prosecution with innovative New York City Bar Association we are given. rehabilitative programs, participa- to Senior Investigative ADA Jeff tion in specialized courts, anti-crime Glucksman …. The 2009 Bronx education, victim services, and com- Legends Award by Bronx Works munity outreach. For example, on and a citation from NYS Assembly Annual Report 2009 Table of Contents ♦ disTRiCT aTToRney's message 1 CRime oVeRView 4 Reduction in Crime 4 Bronx County 's Higher proportion of Violent Crime 6 pRoseCuTing CRime 7 V iolent C rime 8 D rug C rime 12 D rug t reatment a lternatiVe to P rison 12 Technology 14 financial Crime 18 CRime ViCTims assisTanCe 20 CVau s at e l l i t e o f f i C e 21 B r o n x C lo t h e s - l i n e P r o j e C t 22 paRTneRsHips and CollaBoRaTion 23 Da a n D n YPD B u Y B a C k o f n e a r l Y 1,000 g u n s 23 s PeCializeD C ourts anD P rograms 23 B r o n x m e n t a l h e a lt h C o u r t 24 B ronx C ommunitY s olutions 27 o Peration W eeD anD s eeD 27 D omestiC V iolenCe 30 gang ProseCution 31 a uto C rime i nitiatiVes 33 e lDer a Buse 36 B ronx s exual a ssault r esPonse t eam 37 m ultiDisCiPlinarY t eam on C hilD a Buse 38 joint training Program 38 nYPD n e W P o l i C e o f f i C e r t r a i n i n g 39 st. john's laW sChool CliniC 39 i n t e r n at i o n a l V i s i t o r s a n D t r a V e l e r s 39 CommuniTy ouTReaCH 41 ♦ Annual Report 2009 Crime Overview reDuCtion in Crime This year was a year of contrasts: there were fewer Bronx homicides in 2009 than in any year since 1966, but the 113 victims included an innocent 92-year-old grandmother. Crime continued to fall sharply, while arrests increased to over 100,000. Among index crimes, which decreased by 7% from 2008, robbery complaints fell by 15%, homicide by 14%, rape by 12%, and grand larceny auto by 18%. Violent crime has also decreased 74% since 1990, with declines each year from 1994 through 2009. While violent crime was decreasing, the number of shooting victims increased about 3% in 2009. Violent Crime 1990 – 2009 50,000 48,023 47,480 45,471 44,340 Violent crime has declined 41,022 74% since 1990. 40,000 34,967 28,714 30,000 25,780 23,101 20,886 20,393 20,000 16,954 15,930 15,266 14,687 13,771 13,580 13,203 12,802 12,418 10,000 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 Source: New York City Police Department Annual Report 2009 Decline In Homicides 1990 - 2009 700 653 Since 1990, Bronx homicides 600 554 547 have declined by 83%. 512 500 400 400 304 300 249 196 190 189 200 166 171 153 137 136 126 129 130 132 113 100 0 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 Source: New York City Police Department Bronx Reduction in Violent Crime v. Increase in Arrests Percentage Change from 1990 - 2009 70% 87.9% 93.1% 60% 90 50% 64.3% 87.9% 70 40% 60.5% 55.6% 51.8% 64.4% 30% 50 43.8% 41.9% 20% 36.4% 49.6% 47.0% 46.5% 30 42.1% 39.3% 10% 100% 2.1% -0.2% 10.7% -10% 0 -14.6% -20% -1.1% -10 -7.7% -5.3% -27.2% -30% -30 -40.2% -40% -46.3% -56.5% -50% -50 -64.7% -51.9% -68.2% -71.3% -72.5% -60% -74.1% -70 -57.5% -66.8% -69.4% -70% -71.7% -73.3% -90 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 S o u r c e : N e w Yo r k C i t y P o l i c e D e p a r t m e n t Since 1990 the number 653 to 113 in 2009. For each in the Bronx, a level not seen of homicides in the Bronx has of the past 13 years, there have since the 1960s. been reduced by 83%, from been fewer than 200 homicides Annual Report 2009 Bronx CountY's higher murders in the Bronx in 2009 con- York City per 100,000 residents of ProPortion of CitYWiDe stituted 24% of the citywide total. murder, rape, robbery, burglary, and Violent Crime Bronx shooting incidents represent- felonious assault. Also, last year the ed 29% of incidents citywide. More Bronx's more than 68,000 Domestic Despite remarkable strides in than one in four of the City's felony Incident Reports represented 27% recent years, the Bronx continues assaults, nearly one in four of its of the citywide total, the highest to experience a disproportionately rapes, and one of five robberies rate per 100,000 population in New high crime rate. With only 16.6% occurred in the Bronx, giving the York City. of the City's population, the 113 county the highest incidence in New Bronx Violent Crime 2009 Percentage of Citywide Violent Crime v. Population Murder P 24.0% O Shooting Incidents P 28.5% In every U Felony Assault 25.9% category, the Bronx's L share of the City's violent crime exceeds Rape A 22.6% its 16.6% share of the City's T population. Robbery I 22.2% O Burglary 18.8% N 0% 5% 10% 15% 16.6% 20% 25% 30% S o u r c e : N e w Yo r k C i t y P o l i c e D e p a r t m e n t Annual Report 2009 Prosecuting Crime While crime complaints have fallen, Bronx arrests have risen by a staggering 93% since 1990. The Bronx District Attorney's Office prosecuted 6,118 felony-level defendants in 2009, about 6% more than were prosecuted in 2008. Narcotics cases accounted for 38% of the felony prosecutions in Bronx County. Bronx District Attorney's Office Felony Prosecutions: 2009 Total Felony 7.3% Weapons Prosecutions: 6,118 9.1% Other 7.1% Assault 38.2% Narcotics 5.5% Homicide and Attempted Homicide 1.3% Sex Crimes 20.4% Robbery 5.5% Burglary 5.5% CPSP & Larceny Source: Bronx District Attorney's Office Annual Report 2009 Violent Crime Violent crime decreased again in 2009. However, statistics are little consolation to the victims of violent crime. Any violent death is a tragedy, but when an innocent bystander is killed, it is particularly tragic. The first murder case in this year's report involved the death of a 92-year-old woman killed by a bullet intended for someone else. In the other two murder cases, the victims knew their killers. When Sheldon Harris's ex-girlfriend refused to get back together with him, Harris killed her mother, tried to kill the ex-girlfriend, and shot her grandmother. The third case was particularly gruesome: the killer cut up his victim's body and distributed it around the neighborhood. This year's examples of violent crime also include two cases involving incest, one of which ended in murder. Victor Perez raped and repeatedly sexually abused his daughter, beginning when she was nine years old. Miguel Matias's daughter was pregnant with his child when Matias killed her and put her body in the boiler. At Age 92, a Charitable Life Ends in a Senseless Death Headline from The New York Times, 10/22/2009 traveled through the first floor window of On October 20, 2009, Sadie Sadie Mitchell's house, striking her, caus- Mitchell had lived in her home on East ing her death. 224th Street for over 50 years. At the age The grand jury indicted Blair on of 92, Ms. Mitchell was in good health one count of murder in the second and an active member of her community. degree, one count of manslaughter in But on this fateful October day, Sadie the second degree, and two counts of Mitchell's life was tragically ended when criminal possession of a weapon in she was struck by gunfire as she stood in the second degree. The charges in this her living room. indictment are merely accusations, and Eighteen-year-old Jamal Blair and the defendant is presumed innocent a number of other youths were alleg- unless and until proven guilty. The edly engaged in a dispute. Blair allegedly grand jury charged that Blair acted "in retrieved a firearm that he had stashed in a manner evincing a depraved indiffer- the back yard of one of the private hous- ence to human life." He faces a maxi- es, pointed the firearm toward a crowd mum sentence of up to 25-years-to-life of people on the street and fired one imprisonment if convicted of the most shot. Although the bullet missed hitting serious offense, murder in the second numerous individuals who were outside degree. Blair is being held without bail at the time, it was a fatal shot. This bullet and his case is pending. BEAU GOES BERSERK IN BRONX, SHOOTS GAL PAL AND HER GRANDMA, KILLS HER MOM, WOUNDS SELF: COPS Headline from New York Daily News, 9/5/2006 tims were 24, 52, and 76 years old. Sheldon Harris shot three generations Twenty-three-year old Harris and of women from the same family. The vic- 24-year-old Colleen Brown were in a rela- Annual Report 2009 BEAU GOES BERSERK IN BRONX, SHOOTS GAL PAL AND HER GRANDMA, KILLS HER MOM, WOUNDS SELF: COPS Headline from New York Daily News, 9/5/2006 Continued tionship that lasted several years. They had Brown then apparently turned the a daughter together who was almost two gun on himself. He was shot three times. years old. The relationship turned sour, Colleen's injuries were life-threatening but on September 4, 2006, Harris went to and kept her hospitalized for several weeks. see Colleen, played with their child, and Clarissa's femur was shattered and a metal attempted to get back together. rod had to be installed. She spent several Colleen refused to get back together weeks in a rehabilitation center. with Harris. In response, Harris pulled out On June 26, 2009, a jury found a .40-caliber semiautomatic Ruger pistol Harris guilty of murder in the second and shot Colleen three or four times in the degree and attempted murder in the sec- back and arm, causing extensive injuries. ond degree. He was sentenced on August He then fired a single shot at Colleen's 28, 2009, to 47-years-to-life imprisonment. mother, Joan Brown, striking her in the He must spend at least 25 years in prison chest. This shot proved to be fatal. Harris for the murder of Joan Brown and a con- fired another shot at Colleen's grandmoth- secutive term of at least 22 years for the er, Clarissa Bryan, who sustained serious attempted murder of Colleen. The jury injuries to her leg as a result. This violent acquitted Harris of the charge of attempt- crime occurred in the presence of Colleen ing to murder Clarissa. and Harris' daughter. Ex-Butcher Cut Up Man in Murder, Jury Finds Headline from The New York Times, 4/9/2009 the fight. Unfortunately, the dispute flared Forty-four-year-old Victor Gonzalez up again later. Gonzalez provided a state- rented space in his ex-girlfriend's apart- ment to police saying Pinto threatened to ment. Gonzalez's ex-girlfriend was kill him. Gonzalez ran into his bedroom, Wilfredo Pinto, Jr.'s current girlfriend. The obtained a hammer, chased Pinto and hit two men had worked together as roofers him on the side of his head with the ham- at two different companies and there was mer several times. Gonzalez continued to a history of "bad blood" between them. hit Pinto with the hammer as he fell onto Pinto had been Gonzalez's foreman on the bed. one job. After Pinto stopped moving, Late on May 10, 2006, Gonzalez Gonzalez cut up the body before remov- came home and exchanged words with ing him from the apartment. (Prior to 36-year-old Pinto. They got into an moving to New York, Gonzalez worked argument, and words and punches were as a butcher in Puerto Rico.) Gonzalez thrown. Gonzalez received a bruise on his placed Pinto's body parts in garbage bags face. A neighbor came over to break up and took the bags from the apartment to Annual Report 2009 Ex-Butcher Cut Up Man in Murder, Jury Finds Headline from The New York Times, 4/9/2009 Continued several areas in the neighborhood. der in the second degree in the death Pinto was also stabbed several times and dismemberment of Pinto. The jury in the chest. The medical examiner deter- deliberated for about five hours before mined the cause of death to be both ham- returning the guilty verdict. The jury mer blows and stab wounds. rejected the defense's claim of self- Pinto's girlfriend had a neighbor call defense and found that the brutal mur- her brother, and when they found body der was intentional. parts they called police. The sentence is still pending. On April 7, 2009, a jury found Gonzalez faces a maximum sentence of Gonzalez guilty of one count of mur- up to 25-years-to-life imprisonment. Brave girl, 12, tells judge: Never let my father out! Headline from New York Daily News, 5/12/2009 timony from the victim about the sexual Beginning on Christmas of 2005, abuse. They heard that Perez had shown thirty-nine year old Victor Perez raped her videos that he said were of other and repeatedly sexually abused his biologi- fathers having sexual relations with their cal daughter who was then a nine year daughters. Other evidence in the case old. The abuse continued every other included testimony from a doctor, DNA, weekend during court ordered visitation and videos and photographs of the rapes until October 7, 2007. During the visits and the child dressed in lingerie and high with his daughter, Perez engaged in sexual heels. One photo had her wearing nothing acts, including vaginal intercourse and but an American flag. oral sexual conduct. Perez videotaped the On April 23, 2009, Perez was found rapes and sexual abuse of his daughter guilty of eight counts of predatory sexual and even took photos of her in lingerie assault against a child, five counts of and high heeled shoes that he forced her rape in the first degree, three counts of to wear. criminal sexual act in the first degree, five The crimes came to light on October counts of incest in the first degree, three 7, 2007. This was the last visitation date counts of use of a child in a sexual per- between father and daughter. The girl's formance, one count of course of sexual mother noticed a rash in the child's genital conduct against a child in the first degree, area. The child disclosed the sexual abuse, and endangering the welfare of a child. and her mother called 911 and the child At sentencening on May 11, 2009, the was taken to the hospital. daughter told the judge, "I want to ask Investigators retrieved 41 separate you to send my father far away and never movie files from Perez's home, and 40 let him out." Perez was sentenced to 95- photographs depicting the victim in sexu- years-to-life in state prison. ally provocative poses. The jury heard tes- 0 Annual Report 2009 Bronx superintendent put daughter in boiler, killed teen for using computer Headline from NY Daily News, 2/17/2008 police to find her. Thirty-five year old Miguel Matias The police, finding it suspect that was employed as a building superinten- Matias would admit to killing his daugh- dent in the building where he lived in ter but not tell the police where her body the Bronx. His 14-year-old daughter Ana was, began to scour the building in the lived in Pennsylvania with her mother. hopes of finding Ana. It was then that However, she and two other siblings often they came to the gruesome discovery of visited Matias on weekends. the burning remains of what appeared to On February 16, 2008, Matias be the body of a young girl locked inside strangled his daughter, removed her the boiler of the building. DNA testing clothing, and burned her body by placing confirmed that the remains were that her in the boiler of the building where he of Ana Matias. During the autopsy the lived and worked. medical examiner discovered that Ana Matias first admitted to killing his was approximately 12 weeks pregnant at daughter during a telephone call to his the time of her death. Further DNA test- uncle and sister. He then made a second ing revealed that Matias was the biologi- admission in a call to a 911 operator. cal father of the unborn child. When police arrived at the scene, Matias On October 9, 2009, Matias pleaded stated that he had dumped his daugh- guilty to murder in the second eegree. On ter's body and refused to tell the police November 4, 2009, he was sentenced to where, stating that it was the job of the 25-years-to-life imprisonment. Annual Report 2009 Drug Crime Drug arrests have decreased in recent years, resulting in a reduction in both the number of felony drug pros- ecutions and the percentage of the caseload that these cases comprise. In 1996 drug cases accounted for more than 65% of the Office's felony-level defendants. In 2009, just 38% of Bronx felony defendants were prosecuted on drug charges. Nevertheless, drug crime is still a very serious problem in the Bronx. State Prison Sentences Percentage of Narcotics Convictions 2009 Bronx 58.7% Rest of the City 53.7% State 52.4% 40% 45% 50% 55% 60% Source: NYS Department of Criminal Justice Services In addition to being tough on to incarceration. While the Office's drug-involved offenders; (2) assessment initial experiment with ATI drug treat- for-profit sellers, the Office offers many of the offender's drug and alcohol Bronx defendants drug treatment as ment focused on first-time offend- treatment needs; (3) referral to appro- an alternative to incarceration. ers, treatment is also appropriate for priate treatment; and (4) continuous some second felony offenders. In late case management. Drug treatment alternatiVe to 1995 through the TASC program, this Bronx participants in the DTAP Prison (DtaP) Office began placing offenders with program are required to plead guilty prior non-violent felony convictions in to a class B felony. If they complete the Bronx prosecutors have had sub- alternative-to-incarceration programs program, their felony plea is set aside, stantial success in placing drug offend- and first received DTAP funding in and they are permitted to plead guilty ers in treatment programs. Between 1998. From 1998 through 2009, the to a misdemeanor. However, those who 1993 and 2009, approximately 13,775 Office placed 3,304 defendants in drug withdraw or fail to complete the pro- Bronx defendants were placed in drug treatment through DTAP. The DTAP gram satisfactorily receive a sentence treatment programs as an alternative model involves: (1) identification of of three and one-half years in prison. Annual Report 2009 Drug Treatment Enrollment* 1993 – 2009 PROGRAM 1993 - 2006 2007 2008 2009 TOTAL DTAP 2,518 281 247 258 3,304 BX Treatment Court 1,423 86 79 118 1,706 Extended Willard 259 14 8 0 281 Mental Health Court 653 105 89 139 986 BX Treatment Misd. Court 450 247 158 224 1,079 Other Residential 3,785 157 137 153 4,232 Other 1,717 145 138 187 2,187 TOTAL 10,805 1,035 856 1,079 13,775 S o u r c e : O ff i c e o f B r o n x D i s t r i c t A t t o r n e y *Note: Drug Treatment Alternatives to Prison (DTAP) is for predicate felony (second and later) offenders. Extended Willard Drug Treatment is also for predicate felony offenders and is operated by the New York State Department of Correctional Services in conjunction with the Division of Parole. "Other Residential" includes first-time offenders placed in residential programs. "Other" includes residential and outpatient programs for first-time and predicate defendants. Annual Report 2009 teChnologY Technological advances give law enforcement new tools to investigate and prosecute crime. However, tech- nology has also spawned new crimes that did not exist before the "computer age," such as internet crimes against children. DNA technology, which represents one of the most important advances, is producing valuable forensic evidence that is useful in an increasing number of property and violent crime cases. Dna sion in January 2006. In April 2007, robbery suspects were indicted the Office of the Chief Medical by the grand jury. The use of DNA in prosecuting Examiner, Department of Forensic In addition to those suspects Bronx cases originated in two sepa- Biology began accepting and test- who have been identified through rate tracks: sex crimes and property ing evidence on property crimes DNA testing, we have approxi- crimes. Between 2003 and 2006, committed within the City of New mately 36 case-to-case matches the Mayor's John Doe Indictment York. This significant expansion in which DNA profiles recovered Project enabled this Office to indict coincided with the opening of a from separate crime scenes have individuals fitting the DNA profile new $290 million state-of-the-art been matched to each other, but recovered in sex crimes where the DNA laboratory, the largest public have yet to be matched to an offender was neither apprehended forensic laboratory in the nation. offender profile in the DNA data- nor even initially identified. Filing bank. These cases remain open "John Doe" indictments before the "John Doe" investigations. expiration of the ten-year statute of In 2006 New York State passed limitations enabled prosecutors to "In 2006 New York legislation which greatly expanded proceed with cases whenever offend- the pool of offenders required to ers were identified, regardless of provide DNA samples. Anyone con- how much time passed. The statute State passed victed of a felony (or of an attempt of limitations on the most serious to commit a felony, if the attempt is sex crimes was eliminated in 2006, legislation which also a felony) or of specified misde- making it unnecessary to indict the meanors, must provide a DNA sam- DNA profile as a "John Doe." ple for the State DNA Databank. greatly expanded Beginning in Queens in 2005, This greatly improves the chances with a grant from the National of obtaining a "hit" – linking DNA Institute of Justice, the NYPD col- the pool of offenders evidence from a crime scene with lected possible biological evidence DNA from a convicted offender. left behind at the scenes of commer- required to provide In 2009 Bronx DNA hits cial and residential burglaries and included 126 sexual assaults, 34 robberies. The New York City Police homicides, and 28 assaults, As DNA samples." Department's Evidence Collection the cases presented below illus- Teams were trained to recognize trate, DNA has become a valuable and collect possible biological evi- resource for prosecutors both in dence left on items, such as clothing, cases involving violent crimes (e.g., soda bottles, and cigarette butts. In 2009, there were 86 bur- rape, assault, murder) and those The success of the NYPD pilot gulary indictments that resulted involving property crimes (e.g., bur- program led to its citywide expan- from DNA "hits." Twenty-two glary, larceny). Annual Report 2009 dna matches solve property Crimes DNA is increasingly used to solve both property and violent crimes. The cases below are examples of crimes in 2009 that may not have been solved were it not for alleged DNA matches: A robber followed a 70-year-old man into the elevator of his residential building. He followed the victim out of the elevator when it reached his floor and pushed him into the stairwell. He beat the victim unconscious and stole his wallet containing cash and credit cards. The victim suffered multiple injuries including a broken back. Surveillance video showed the suspect entering the building behind the victim with a t-shirt on his shoulders. The surveillance foot- age showed the suspect leaving the building without the t-shirt. A t-shirt was recovered from the stairwell where the victim was found. It was submitted for DNA analysis and the DNA profile developed matched the suspect's profile in the New York State Convicted Offender DNA database. The case is pending. On July 26, 2009, a store's front glass door was shattered, and cigarettes and cigars were stolen. DNA was recovered from blood on the broken front door lock. On September 7, 2009, the front gate lock and window were broken on another store. A laundry bag was left outside the store containing a wrench and cigarette packages with blood on them. On October 14, 2009, a grocery store had its front glass door shattered, and numerous items were missing, including metrocards and cigars, although no DNA evidence was recovered. On October 20, 2009, another grocery store had its front gate broken off and a door's glass shattered. Numerous household goods, such as detergent and beer, were miss- ing from the store, but no DNA evidence was recovered. On October 21, 2009, video surveillance showed three males enter a market and steal several boxes of cigars, cigarettes, cash, and other items. The front gate lock was broken and a flashlight with DNA was left behind. On October 21, 2009, police responded to suspicious activity at a hotel. Two men were in a room. DNA from three of the five burglaries listed above matched one of the suspects. Items found inside the room were positively identified as items taken from the burglaries. The case is pending. Annual Report 2009 DNA Match Identifies Home Invasion Suspect in tissue paper and gave it to a detective On October 19, 2006, twenty-nine- for DNA analysis. A DNA profile was year-old Lloyd Farquharson entered a developed from a swab of the earring and street-level apartment. He demanded uploaded to CODIS (the Combined DNA money from Lynn (pseudonym), who was Index System which links local, state and in the apartment folding laundry. A strug- national DNA databases). gle ensued. Farquharson produced a knife The DNA profile from the crime and stabbed the complainant on her head, scene matched a profile on file with New right forearm, and left shoulder. Lynn York State. The profile was that of Lloyd escaped and ran to an upstairs neighbor's Farquharson. He had been compelled to apartment. The neighbor called 911 and give a DNA sample for inclusion in the Lynn was treated at a nearby Bronx hospi- New York State DNA Databank after tal for her injuries. being convicted on March 17, 1998, of After returning home, Lynn began attempted robbery in the second degree. to clean up the blood in her apartment. On November 6, 2009, a jury While they were removing sheets from the found Farquharson guilty of burglary bed where the stabbing occurred, her son in the first degree. He was sentenced noticed that an earring fell to the floor. on November 24, 2009, to 20 years The earring did not belong to either Lynn incarceration with five years post-release or her son. They wrapped the earring supervision. internet Crimes against tiative. Through this program, The explosive growth of the ChilDren detectives and assistant district internet over the last decade has attorneys have developed excel- been accompanied by an increase Ever-increasing access to lent contacts in the law enforce- in associated crimes, including computers and the internet opens ment community with whom crimes committed against children. doors for both children and adults they share ideas and expertise. The majority of the crimes against to acquire a wealth of information The agencies include New York children involve dissemination without ever having to leave their State's ICAC Task Force and of pornographic images. These homes. Unfortunately, however, the Attorney General, numerous crimes are committed by people availability of this technology may District Attorneys' Offices, the from all walks of life, including also give sexual predators access New York State District Attorneys doctors, lawyers, clergy, teachers to our children. According to the Association, U.S. Customs, the and even law enforcement pro- U.S. Census 2000, there are close Federal Bureau of Investigation fessionals. The perpetrators often to 400,000 Bronx residents who are and the U.S. Secret Service. seem to believe that they are insu- under the age of 18. Many of them In addition, members of the lated from prosecution due to the use computers daily. Satellite Task Force are members relative anonymity of the internet. In 2001 this Office received of numerous other task forces The harmful effects on children a federal grant to establish an and committees dedicated to the can be enormous and enduring. In Internet Crimes Against Children investigation and prosecution of recognition of this problem, the (ICAC) Investigative Satellite ini- internet crimes against children. Office of the Mayor's Criminal Annual Report 2009 Justice Coordinator formed a someone the predator believes to addition, the perpetrator must be Sexual Predator and Electronic be a minor. This is often a time- identified through an ISP address Crimes Task Force to coordinate consuming process because the because the perpetrator rarely law enforcement efforts. predator's trust must be gained. provides a true name or address. Perpetrators of these crimes An undercover officer can typically Although these investigations are are identified through the use of only "chat" with one predator at labor intensive, the payoff is enor- undercover officers who enter a time. It frequently takes many mous when a potential child abuser cyber "chat rooms" and engage hours "chatting" before discus- is arrested and punished. in explicit sexual chats, posing as sions of meetings take place. In Annual Report 2009 finanCial Crime Newspapers report almost daily on financial crimes fueled by technology, such as internet scams that promise millions of dollars in exchange for personal information and identity thefts that allow predators to sell victims' homes without their knowledge. However, some thieves steal the old fashioned way, without assistance from computers or other sophisticated technology. Some of these crimes deprive victims, both individuals and businesses, of hundreds of thousands of dollars. Sometimes the "victim" of support prosecutors, detective inves- hundreds of thousands or even mil- financial crime is a government, tigators and forensic accountants to lions of dollars. The sentences for such as New York City or State. investigate and prosecute individuals convictions of such crimes include Since 2005 this Office has received and corporations that steal from NY restitution to the state and/or city grants from NY State under the State and/or NY City by failing to of the taxes owed. Crimes Against Revenue Program pay sales or income taxes. In some (CARP). Funds from CARP grants cases, the amounts owed may reach Tax Evasion sent admissions of more than $5,125,000 Failure to pay taxes owed to the in taxes, fines, and penalties owed. These State and City are not victimless crimes. restaurants are: New York residents pay for these crimes, particularly during times of fiscal crises, in • Jakes' Restaurant, owned by Margaret the form of reduced services and increased Ryan, $525,000 paid in restitution; taxes and fees to make up for the shortfall. A number of long-term investiga- • Fratelli's Restaurant, owned by Ed and tions resulted in convictions in 2009 of Luigi Bastone, $600,016 paid in restitution; restaurant owners for evading taxes. The charges in these cases were the result of • Yankee Tavern, President and CEO audits by the New York City Department Joseph Bastone, $750,000 owed in restitu- of Finance. Auditors reviewed business tion ($408,250 paid at time of plea); the records, receipts and financial ledgers remaining balance is due by July 15, 2011. and discovered discrepancies between the gross sales reported in those records and the sales and profit figures reported on • Pine Tavern. The case against Pine corporate tax returns. Defendants receive Tavern, with $3.25 million in restitution to sentences of conditional discharge under be paid, is described briefly below. the condition that restitution payments be made. The pleas in three of these cas- Pine Tavern es resulted in over $1.5 million in restitu- tion payments paid in 2009. Additional On December 23, 2009, forty-year- amounts are due in subsequent years. old Anthony Bastone, owner of the Pine Four restaurant cases prosecuted in Tavern Restaurant, and its corporate entity, 2009 resulted in guilty pleas and repre- Pine Tavern Parking Corporation, pleaded Annual Report 2009 Tax Evasion Continued guilty to evading taxes and insurance pre- million represents money owed in the miums owed to New York State and New form of New York State and New York York City. These guilty pleas were the result City sales taxes, New York City General of a three-year investigation that was initi- Corporation Tax, New York City and ated following an audit by the New York New York State personal income taxes, City Department of Finance. and premiums to the New York State Under the terms of the plea agree- Insurance Fund. ment, Bastone turned over a check for District Attorney Johnson said at the $499,135 and forfeited $820,865 in cash time of the plea, "At a time when the state found in the basement and seized during and city are struggling to balance budgets the execution of search warrants on May it is imperative that everyone pays his or 1, 2007. Bastone and the Corporation her fair share of taxes owed. This convic- will also pay an additional $1,930,000 tion should put wrongdoers on notice that by March 23, 2010. A total of $3.25 cheating on taxes has consequences." Annual Report 2009 Crime Victims Assistance The District Attorney's Crime Victims Assistance Unit (CVAU) saw a total of 2,500 new clients in 2009, an increase of 9.5% over 2007. CVAU staff made more than 16,000 service contacts with victims and witnesses during 2009. These services were provided from both the main office on 161st Street and the CVAU satellite office in the northeast Bronx. Crime Victims Assistance Unit Total 2009 Service Contacts By Type of Service Provided Contacts: 16,390 Relocation Emergency Crime Victims Assistance Assistance Board Applications Therapy 2.0% 5.2% & Affidavits 10.5% 21.2% Info & Referrals 20.2% 24.9% 1.3% Counseling Transportation 11.0% Personal 3.3% Criminal Advocacy 0.5% Court Justice Advocacy Accompaniment S o u r c e : O ff i c e o f B r o n x D i s t r i c t A t t o r n e y Crime Victims Assistance Unit Total 2009 New Client Contacts By Type of Crime Contacts: 2,500 Child & Elder Homicides Abuse 5.7% Robbery/Assault 3.6% Other 31.3% Crimes 9.3% Domestic Violence 9.0% 36.2% Sex Crimes Children 5.0% Sex Crimes Adults S o u r c e : O ff i c e o f B r o n x D i s t r i c t A t t o r n e y 0 Annual Report 2009 Victim to Parole Board: "...my sentence will never, never end." to do so, but could not afford the trip. The Kim (pseudonym) was raped and advocate did some research and found the sexually abused by her biological father It Happened to Alexa Foundation. This beginning at age 12 and continuing until organization helps rape survivors and their she disclosed the abuse at age 13 in 1997. families with travel expenses during the The abuse was "almost daily" at times. litigation process. The advocate contacted She had to testify at two trials because the Foundation and asked if they would the first trial ended with a hung jury. The expand their definition of the litigation second trial resulted in a conviction in process to include victim impact statements April 1999; he was found guilty of rape to the parole board as part of that pro- in the first degree. In October 1999 he cess. The Foundation agreed to approve was sentenced to 12½-25 years incarcera- Kim's application to receive round-trip tion. CVAU's involvement in this case air fare, ground transportation, and dates back to 1997 when Kim's abuser one day of lost wages so that she could was arrested. Advocates helped the young travel to the Bronx. woman navigate the criminal justice sys- The advocate accompanied Kim to tem and were present during testimony at the parole board to make her statement on both trials. July 31, 2009. In her statement, Kim noted The convicted rapist became eligible that "as the years have passed the memories for early release in December 2009. The never do. . . My virginity was stolen from parole hearing was scheduled for August (sic) a man who has the title of my father. . . 2009. At the time of the conviction, the I never want his sentence to end . . . I know advocate registered Kim to be notified my sentence will never, never end." when he became eligible for parole. In July In the statement, Kim talked about 2009, Kim was notified by the New York how she lived between her father's place State Division of Parole and asked if she in New York and her mother's place in would like to meet with the parole board Chicago; how she turned to "bad behav- to make a victim statement. Because Kim ior" such as drinking and smoking mari- now lives in Chicago, the initial plan was juana after being raped; and how disclos- for her to make a statement via phone ing her rape led to foster care. By being conference from her home. able to present the statement in person, Kim again contacted the Crime Kim felt empowered because she had tak- Victims Assistance Unit for assistance en back control of her life. Kim noted, "I reviewing her prepared statement. The am proud of myself for having the cour- CVAU advocate asked Kim if she would age to speak out and do the right thing." prefer to make the statement in person. She In November 2009 Kim was informed replied through tears that she would like that the parole board denied early release. Crime ViCtims assistanCe unit (CVAU) provides comprehensive Attorney's Office on 161st Street satellite offiCe services to crime victims, ranging in the South Bronx, is generally from information and referrals to convenient because of its proximity The Bronx District Attorney's individual and group therapy. The to the court. But for some crime Crime Victims Assistance Unit location of the unit, in the District victims who reside in the northern Annual Report 2009 25 end of the county, transportation is 2 0 0 9 N AT I O N A L C R I M E V I C T I M S ' R I G H T S W E E K a problem. The 2009 Annual Display In September 2002, we 25 of the received a one-year planning grant Bronx Clothesline Project from the federal government for Tuesday, April 28, 2009 9:00am - 7:00pm an innovative project to bring ser- At vices closer to crime victims in Eugenio Maria de Hostos Community College of the City University of New York the Northeast Bronx. We received Bridgeway and Atrium 475 Grand Concourse three additional grants in 2003, Bronx, NY 10451 2004 and 2005 which supported the program's implementation. Sponsored by: years of The Bronx Committee for A need for additional space National Crime Victims' Rights Week Rebuilding resulted from the program's expan- Wheelchair accessible Lives sion. Consequently, in 2005 renova- For information call: The Bronx District Attorney's Office tion began on unoccupied third floor Crime Victims Assistance Unit (718) 590-2115, (718) 798-5892 space donated by the City, rent- free, in the building which houses Community Board 12. These reno- vations are complete and the entire third floor is furnished and occupied by the Satellite Office. Bronx Clothes-line ProjeCt to break the silence surrounding vic- Although federal funding timization and to make their voices ended in late 2006, this Office In April 2009, the Bronx heard by others who support them continues to work with an Advisory District Attorney's Crime Victims in their struggles to heal. Each shirt Committee composed of repre- Assistance Unit collaborated with symbolizes pain, survival, healing sentatives from law enforcement, the Bronx Committee for National and empowerment, and provides a schools, hospitals, faith-based Crime Victims' Rights Week to host window into the life of a victim who organizations, local media, local the annual display of the Bronx survived violence. The messages on government, youth services, child Clothes-Line Project. The national the shirts are individualized – some welfare and community-based theme for 2009 — "25 Years of poetic, some plaintive – allowing the organizations to tailor the type of Rebuilding Lives: Celebrating the artists to express their feelings in services and their delivery to the Victims of Crime Act" — recog- their own way. This visual presen- needs of the community. From this nized the profound impact of the tation tells the stories of hundreds satellite office CVAU staff provide Victims of Crime Act on victims of survivors of abuse, violence and services similar to those offered at rights and resources. As it has each neglect. The dramatic illustration the District Attorney's main office. year since 1996, the Crime Victims of t-shirts hanging side-by-side pro- During 2009 staff provided 1,325 Assistance Unit worked with a part- vided viewers with a glimpse of services to clients at the satellite nership of allied professionals and the devastating effects of crime on office, and 140 new crime victims community volunteers to create and victims. Survivors of domestic vio- received services at the Satellite organize the Bronx Clothes-Line lence, rape, child abuse, elder abuse, Office. These clients were victims Project. The Clothes-Line Project assault and other crimes of violence of crimes such as domestic vio- is a striking visual presentation of t- decorated the t-shirts with messages, lence, assault, and elder abuse. shirts designed by survivors of crime poems, photographs and drawings. Annual Report 2009 Partnerships and Collaboration ChurChes join Bronx Da anD such as the Gun Buyback also has a Aside from one participant nYPD BuYBaCk of nearlY role to play. Guns are instruments of bringing into one of the sites a live 1,000 guns death that are responsible for much grenade, which was handled swiftly pain and suffering, and whatever we and carefully by the NYPD, the On April 25, 2009, the Bronx can do remove them from circula- event proved to be a great success. District Attorney's Office collabo- tion should be encouraged." Nearly 1,000 guns were recovered rated with the NYPD to launch a with a total payout of $179,196. Gun Buyback Program to reduce These included 296 revolvers, 242 the number of illegal firearms in the "Nearly 1,000 guns rifles, 174 semi-automatic pistols, borough. Although the Bronx was and 163 shotguns. In hopes of mak- the last borough to host an event were recovered ing the Bronx a safer place for all of like this, it was the most successful with a total payout its residents, the gun buyback will program to date, netting close to of $179,196. These certainly be the first of many more 1,000 guns. Six houses of worship included 296 to come. from diverse faiths and neighbor- hoods served as host sites for the revolvers, 242 rifles, sPeCializeD Courts anD event. Participants received a $200 174 semi-automatic Programs pre-paid bank card for each oper- pistols, and 163 able weapon turned in, and $20 for This Office plays a key role in BB guns and air pistols. All hand- shotguns. In hopes of Bronx County's specialized courts guns, rifles, and shot guns, except making the Bronx a and programs. There are currently for those owned by law enforcement safer place for all of a number of such specialized courts officials, were eligible for exchange. within the county, including the its residents, the gun Participants were able to turn in Bronx Treatment Court and the up to three guns per visit at any of buyback will certainly Bronx Mental Health Court. The the six locations, and all transac- be the first of many Bronx District Attorney's Office has tions were completely anonymous more to come." diverted defendants to drug treat- and conducted on a "no questions ment for many years and devel- asked" basis. oped formal partnerships to do so District Attorney Johnson said, Police Commissioner Kelly in October 1992. As can be seen "Ending the proliferation of guns on said, "This is good news, life-sav- from the table on page 13, in 2009 our streets has been a priority since ing news for the Bronx. District the Bronx District Attorney's Office I became District Attorney 20 years Attorney Johnson's support means diverted 1,079 defendants to treat- ago. Vigorous enforcement efforts a doubling of the usual reward and ment through the Drug Treatment and tougher sentences for the illegal a strong partnership with the Bronx Alternative to Prison (DTAP) pro- possession of guns have been help- clergy - two essential ingredients in gram, the Bronx Mental Health ful, however an amnesty program getting guns off the street." Court, and other programs. Annual Report 2009 Bronx mental health Court Triangle Institute to create the 2004, the court's capacity was Bronx Mental Health Court. As further expanded to provide ser- Over time it became clear the grantee, this Office adminis- vices for mentally ill defendants that some candidates for diver- ters grants and sub-grants, moni- with HIV/AIDS. Using federal sion suffered from both drug tors compliance with the terms funds to provide mental health dependency and mental illness. of grants and with sub-grantees' and drug dependence screening While staff always tried to place letters of agreement, has fiscal and assessment, placement and such non-violent defendants in responsibility, and provides staff program evaluation, we recom- treatment programs that were to work in the court part. mended 139 defendants for place- appropriate for persons with dual In 2003, eligibility for diver- ment in 2009. These defendants diagnoses, in 2002 we entered sion to the Bronx Mental Health are subject to the same level into a formal partnership with Court was extended to defendants of supervision and sanctions for Treatment Alternatives for Safer with serious mental illness (with failure to complete treatment as Communities (TASC) and Research or without drug dependency). In other diverted defendants. The long road to recovery attendance became "sporadic." At 16, F On August 2, 2007, fifty-one-year-old left school, obtained a GED, and received Mr. F was arrested for selling narcotics. a scholarship to Williams College. F's On October 29, 2007, F was referred to girlfriend became pregnant; F withdrew the Bronx Mental Health Court Program. from college after one year and obtained After completing an assessment and evalu- a full-time job. They married following ation, F pleaded guilty to criminal sale of the birth of their child and he enrolled a controlled substance. The Mental Health at John Jay College. At 19 or 20 years of Court Program diagnosed him with bipolar age F became overwhelmed by working, disorder and substance abuse. attending school full-time, and parenting. F was born in New York City. He He spent approximately six months in a and his siblings were raised by his mother, psychiatric institution and was diagnosed stepfather and extended family members. with major depression. F's mother had "fits" and threw him out Following his release from the hos- of a window when he was seven years old. pital, F joined the Army. He believed he She took medication for depression. F's would die during his tour of duty because stepfather was a "gambler" who accepted he chose to "jump out of planes." F "odd jobs" to earn money. F recalled an received an "other than honorable dis- incident when he was holding his mother's charge" after three years of service. After hand and his stepdad shot her in the face. his return from the Army, he found himself F was then taken from his mother for two "in and out" of depression and mania. He weeks to keep him from telling what hap- was hospitalized approximately five to six pened to his mother. During this time, he times due to depression, suicide attempts, was repeatedly beaten and raped by his and flashbacks. He recalled one attempt uncle. F believed that the gunshot killed his where he was drinking on the roof of a mother, until two weeks later when he was six-story building and decided to jump off. returned to her. He did so, but landed on the roof of a F's early school experience was neighboring four-story building. After he positive and he was a "gifted kid." His realized his attempt had been unsuccessful, Annual Report 2009 The long road to recovery Continued F stated, "I was upset; everything that I did Program. He expressed a desire to "get was a failure." He ingested pills in a second back on track" and work his way back to a suicide attempt. similar position. F's first substance use occurred at the In December 2007, F began attend- age of 14, when he tried to "be like the big ing The Bridge, an outpatient treatment boys" by drinking alcohol. By the time he program for individuals who are mentally entered high school, he was drinking two ill, chronic abusers. His experience with to three times per week. He also tried mes- the Bronx Mental Health Court Program caline, acid, and cocaine for the first time was a series of successes. Once engaged at 14. Following his return from the Army, with his treatment program, F began work- he began using cocaine on weekends. In his ing again with the Howie the Harp Peer late 20s, F tried heroin. He took an imme- Training Program and in March 2008 diate liking to the substance and began was accepted into The Resource Center's injecting it multiple times daily. He esti- Credentialed Alcohol and Substance mated he often spent $100/day on heroin. Abuse Counselor (CASAC) training pro- In his 30s, F tried crack/cocaine. He mixed gram. In May 2008, F moved into The it with alcohol "to smooth it out." F stated Bridge's Supportive Housing program. In he would ingest whatever substance is avail- June 2008, after completing the Howie able to "take me outside of myself." F has the Harp Peer Intern training program, F an arrest history that dates back to 1983. began interning at H.E.L.P. PSI as a peer He has been arrested numerous times on counselor. He also began volunteering at narcotics charges, and twice served time in the NY Harm Reduction Center and the state prison for drug offenses. Manhattan Psychiatric Center. On May During his evaluation, F expressed 14, 2009, F successfully completed his a desire to abstain completely from illegal time with the Bronx Mental Health Court substances. He had reconnected with a Program and his case was dismissed. He former Narcotics Anonymous sponsor and continues to attend the Bridge's outpatient was attending NA meetings every night. mental health counseling program and live Prior to his 2007 aresst, he was working in their supportive housing. as at the Howie the Harp Peer Training In 2006 the US Department cessful and sustained operation dants who have tested positive of Justice designated the Bronx of the court. In 2009, groups for HIV/AIDS or are at risk Mental Health Court a national came from as far away as Guam of contracting HIV (but do model for treatment alternatives and from jurisdictions across not necessarily have a mental to incarceration for defendants the United States, including illness). To raise awareness of with serious mental illness. As Kalamazoo, MI; Montgomery, the risks of HIV, on December one of just five national "learn- PA; Houston, TX, and the 1, 2009, World AIDS Day, this ing sites" the Bronx Mental District of Columbia to visit Of fice and our g rant partner s Health Court provides other the court. sponsored a display of sec - jurisdictions with an opportu- In 2007 federal funds tions of the AIDS Memorial nity to observe and study all enabled us to further expand Q u i l t i n t h e B ro n x C o u n t y aspects involved in the suc- treatment capacity to defen- Hall of Justice. Annual Report 2009 Display of AIDS Memorial Quilt sections Display of AIDS Memorial Quilt sections Annual Report 2009 Bronx CommunitY solutions offers other sentencing options, including treatment readiness pro- In 2004 we worked with the grams, inpatient and outpatient "An integral Center for Court Innovation to estab- drug treatment, social service and lish a Community Court, known as educational assessments and cus- "Bronx Community Solutions," to tomized group classes. Examples component of any enhance community service sentences of social service group classes that and provide services to defendants. are available include health educa- The goal of the project is to provide tion, job readiness, decision making, Weed and Seed site judges with more sentencing options anger management, drug treatment, for the many defendants convicted and youth life skills. Each class is is its 'Safe Haven,' of non-violent, misdemeanor offenses designed for particular needs of the such as marijuana possession, pros- offender population and meets up to titution and shoplifting. By combin- three days, Monday through Friday, where programs for ing punishment with services, Bronx during business hours. Community Solutions (BCS) aims to hold offenders accountable while oPeration WeeD & seeD children and adults offering them the assistance they need to avoid further criminal conduct. The federally funded Weed In 2009, Bronx Community and Seed program focuses federal, are offered." Solutions handled about 12,000 state and local resources on spe- misdemeanor cases. Of those, cific communities to "weed out" approximately 6,740 received com- drug trafficking, violent gangs, working relationships with the munity service sentences, and some and robbery perpetrators, while Bronx Borough President's Office, 4,500 completed at least one day of "seeding" the community with the Bronx YMCA, Kips Bay Boys service. Community service crews resources to improve the quality of and Girls Club, the Bronx Lions performed numerous restitution life. Since the late 1990s, Bronx Club, Parkchester Kiwanis Club, projects, including graffiti removal, County has been home to two clergy, elected officials, school- sorting donated food for a faith- Weed and Seed sites, one located based parent organizations, other based charity, street sweeping and in the Soundview/Bruckner neigh- community-based organizations maintaining local parks. In addi- borhood and the other in Mott and community residents. tion, Bronx Community Solutions Haven (which reached maximum An integral component of provided services such as job train- funding and closed in 2006). any Weed and Seed site is its "Safe ing and drug treatment. Based on The Soundview/Bruckner Haven," where programs for chil- an average of 3.1 days of service Weed & Seed involves collabora- dren and adults are offered. In the per participant, BCS estimates that tion among the District Attorney's Bronx these include recreational more than 99,000 hours of com- Office, the U.S. Attorney for the programs such as Junior Knicks bas- munity service were completed in Southern District of New York, the ketball, mentoring programs and 2009. Community service is some- NYPD, other local, state and fed- crime prevention through the arts. times performed in partnership with eral law enforcement agencies and Many of the individual programs community-based organizations. the New York City Department of rely on linkages with other orga- In addition to community ser- Education. Operation Weed and nizations, including the Police vice, Bronx Community Solutions Seed/ Bruckner also relies on close Athletic League, South Bronx Annual Report 2009 Overall Development Corporation, preparation services for commu- they generated $165,845 in refunds and Phipps. nity members. In 2009 VITA vol- for the community. Each year since 2007, Weed unteers at the Bronx River Houses Operation Weed and Seed/ and Seed has operated a Volunteer Community Center prepared and Bruckner has been a principal part- Income Tax Assistance (VITA) filed (electronically) 209 returns for ner in National Night Out in the program that provides free tax community residents. As a result, 43rd Precinct for several years. In 2009 the event was chronicled in INsites, Weed and Seed's national e-magazine: The Bronx River Weed and Seed's National Night Out in New York, hosted by the New York Police Department's 43rd Precinct and local Weed and Seed part- ners, was a huge success. Dozens of community and faith-based organizations as well as local businesses and New York City government agencies worked tirelessly to ensure that this year's event was even bigger and better than last year's 25th Anniversary observance. Their planning and dedication paid off. Attendance this year was well over 2,500 people, surpassing last year's large turnout. Residents received brochures and give-away items at information booths. The site increased community awareness of the agencies and services that are available, including crime prevention workshops and services offered by the Bronx District Attorney's Office. Local merchants also had the opportunity to promote their busi- nesses. Residents also stopped by the spa for some welcome pampering or the cooling station to take refuge from the heat. Young people and teens burned excess energy on a rock climbing wall, demon- strated their skills on a variety of carnival games, and soaked eager volunteers perched on a dunk-tank hot seat. Children had their choice of face painting, engag- ing in creative play at a crafts table, and bouncing to their hearts' content on an amusement ride. The entertainment continued non-stop during the seven-hour event as a senior citizens dance troupe, gospel singers, youth dancers, a comedian, and a magician each took their turn on stage to the delight and applause of a large crowd of onlook- ers. The entertainment culminated with a two-hour jazz concert from 8:00 p.m. to 10:00 p.m. Residents also took their chances in rounds of raffle and won tickets to a New York Yankees baseball game, toys for children, and tickets to a show at Harlem's famed Apollo Theater. As a result of all the festivities, the residents worked up big appetites. Police offi- cers from the 43rd Precinct were happy to ease their hunger. Working the barbeque grills, the officers served up more than 3,000 hot dogs and 2,000 hamburgers, as well as many other snacks and cool beverages. Annual Report 2009 GREAT 13-week curriculum during this tive investigator, supplemented time. The GREAT curriculum by a retired NYPD officer, taught The Gang Resistance was taught by certified GREAT the classes. In 2009, GREAT Education and Training Officers who have attended spe- staff members also provided (GREAT) Prog ram is a school- cial training. In the Bronx, a a summer program for middle based classroom cur riculum. Bronx District Attorney's detec- school students. GREAT is a prevention pro- g ram, designed to "immunize" participants against delinquen- cy, youth violence, and gang member ship. GREAT lessons focus on providing life skills to students to help them avoid delinquent behavior and vio- lence to solve problems. T he B ronx Distr ict Attorney's Office operated a GREAT program within the 43rd Precinct between June 2008 and November 2009. More than GREAT Summer program 1,000 students completed the GREAT Cake for end of summer program celebration Annual Report 2009 DomestiC ViolenCe other City agencies and non- year g rant award. Resources profit victim services providers,from this award have enabled In 2009 the Bronx contin- received a series of domestic t h e N YC D e p a r t m e n t o f ued to suffer the highest rate of violence grants from the Office Probation to expand to misde- domestic violence reports per on Violence Against Women of meanor offenders a program of 100,000 population among the the U.S. Department of Justice. intensive supervision originally five boroughs. The Bronx's more With resources from these grants,designed for felony domestic than 68,000 Domestic Incident the Bronx Borough President's violence offenders. These funds Reports represented 27% of the Office for med an advisory com- also enabled us to place Safe City's total. The Office has pur- mittee that initiates domestic Horizon's crime victims advo- sued many strategies to address violence awareness projects. cates in Bronx police precincts the domestic violence problem. Grant funds have also been with high rates of domestic vio- These include its work with crim- used for some of the District lence. Through such collabora- inal justice agencies and non- Attorney's staff in the Domestic tions we hope to increase victim profit organizations in Bronx Violence Court Parts, and to safety, improve prosecution and County's Domestic Violence enable the non-profit partners hold batterers accountable. court parts, and its collabora- to provide services to domestic In 2009 the Mayor's Office to tion with local agencies, most violence victims. Combat Domestic Violence Fatality prominently the Bronx Borough Review Committee, of which this President's Office. Office's Domestic Violence Bureau Most recently, this Office "In 2009 the Bronx Chief is a member, identified has worked with the Mayor's continued to Community Districts in the Bronx Office on a new Bronx County which had the highest number of suffer the highest rate Family Justice Center, which domestic violence fatalities in New will open in A pril 2010 and will of domestic violence York City. In an effort to under- be located in our main build- stand and remediate this problem, reports per 100,000 ing at 198 East 161st Street. the Committee has undertaken a Although many of these initia- population among the survey to determine gaps in services tives have been supported by five boroughs." in those communities. The results some level of g rant funding, will inform the Committee's recom- those funds have waned. mendations for increasing services in Beginning in 2002 this In 2007 we and our part- those areas. Of fice, in partner ship with ners received an additional two- Cops: Boyfriend confesses to young mom's murder Headline from Boston Herald, 4/15/2008 ing to New York with their son the night Thirty-six-year-old Carlos Cruz of April 13, 2008. Cruz had family in the and 18-year-old Chelsea Frazier lived in Bronx. Massachusetts. Cruz persuaded Chelsea In a carefully planned crime, Cruz to go on a "shopping trip" for baby cloth- allegedly contracted with his 25-year-old 0 Annual Report 2009 Cops: Boyfriend confesses to young mom's murder Headline from Boston Herald, 4/15/2008 cousin to execute Chelsea and to inflict a Chelsea, firing a 9 mm handgun eight flesh wound on Cruz to make the crime times as she sat behind the steering wheel look like a robbery/car jacking gone of her car. The toddler was physically bad. After the murder, Cruz's cousin unharmed in the backseat. Cruz's cousin visited him in the hospital and detectives allegedly shot Cruz in the thigh before became suspicious. Cruz confessed his fleeing in a green SUV in a scheme to involvement in the crime to detectives. avoid prosecution by making the "hit" Cruz admitted he paid his cousin $700 to look like a robbery. Three witnesses saw kill Chelsea because she no longer want- the crime unfold. Cruz's cousin lived less ed to be in an intimate relationship with than one mile from the crime scene. him. Cruz also worried about having to On June 11, 2009, after his trial pay child support. Cruz drove Chelsea began, Cruz pleaded guilty to murder and their one-year-old son to the Bronx, in the first degree. Cruz's cousin's case where his cousin allegedly executed is pending. DomEsTic ViolEncE advocacy and referrals. These EmpowERmEnT (DoVE) "The DoVE project staff members also provide edu- links the cational seminars to the Bronx The New York City Council education and community and work closely created the DoVE Initiative to outreach work of with the Community Affairs support organizations in their Community Affairs Unit at the District Attorney's efforts to provide domestic with the direct Office. The DoVE project links violence services in neighbor- services provided the education and outreach hoods throughout the city. The by CVAU through work of Community Affairs with DoVE initiative places priority expert bilingual the direct services provided by on communities with high rates domestic violence CVAU through expert bilingual of domestic violence or whose counseling." domestic violence counseling. members are more vulnerable DoVE grants since 2006. The due to factors such as poverty, Office uses the funding for a bilin- gang PProseCution immigration status, or limited gual therapist to provide both English proficiency. As part of a individual and group therapy The NYPD reports that in broader DoVE network, funded for domestic violence survivors. 2009 there were 1,291 gang- organizations have the opportu- We also hired a bilingual advo- related or gang-motivated crime nity to connect and collaborate cate who works evening hours incidents in the Bronx. These with each other through forums in the Bronx District Attorney's ranged from homicides and such as advocacy groups, train- Complaint Room, providing cri- other violent crimes, to weap- ing programs and conferences. sis intervention, explanation of ons and drug possession, and T he Bronx Distr ict court process and procedures, various property crimes. This Attorney's Office has received infor mation, accompaniment, gang activity contributes to the Annual Report 2009 Bronx's disproportionate share Case Bureau assigns experienced activity in the Bronx. The two of violent crime. The Bronx prosecutors to investigate grow- cases highlighted below illustrate District Attorney's Gang/Major ing and increasingly violent gang the brutality of these gangs. Two Gang Homicides Less Than One Month Apart wearing sweatshirts designed as memori- The street gang GMC (or "Get als. The shirts displayed a photographic Money Click") was a drug selling crew image of Arauz and contained the text located at Melrose Houses, a hous- "RIP Ckali GMC." ing development in the Bronx. BGS (or On January 17, 2006, Arthur "Bronx Gunslingers") was a rival group was wearing one of the sweatshirts. that robbed drug dealers. GMC and BGS Roman and an accomplice, 21-year-old became enmeshed in a gang war. Christopher Bright, followed Arthur into Twenty-two-year-old Dexter Roman a bodega on Courtlandt Avenue and had ties to BGS. Eighteen-year-old Carlos exchanged words with him. Bright pulled Arauz was a member of GMC. Roman out a .22 caliber revolver and attempted and Arauz became involved in a personal to fire it at Arthur but it jammed. Bright dispute. Arauz believed that this dispute cleared the jam outside while Roman had been resolved. Witnesses later testified kept Arthur inside the bodega. Once that a truce had been brokered to encour- the gun was working again, Bright shot age Arauz to lower his guard so Roman Arthur once or twice. Roman then took could get close enough to execute Arauz the gun from Bright and shot Arthur in an ambush killing. three or four times in the face with the On December 29, 2005, Roman same handgun. Arthur was pronounced shot and killed Arauz on a public walkway dead at Lincoln Hospital several hours at the Melrose Houses. Roman walked later. Minutes after the homicide, Bright up to Arauz, greeted him, and shot him and Roman went to Lora's apartment, at least five times with a 9 mm handgun. within Melrose Houses, and secreted the Arauz was taken to Lincoln Hospital and murder weapon. pronounced dead less than an hour later. In response to gang-related violence, He was shot in the right thigh, left upper detectives at the 40th Precinct Squad back, and right forearm, but it was a bul- formed the Courtlandt Avenue Task let that severed major blood vessels and Force. The work of the Task Force result- arteries in the neck that killed him. That ed in arrests for these murders. lethal bullet also pierced his right lung On October 7, 2008, Christopher before exiting his body through his right Bright pleaded guilty to one count of upper back. A few days after the homi- manslaughter and was sentenced on cide, Roman gave the murder weapon November 24, 2008, to 24 years impris- to his friend, Carlos Lora, to hide inside onment. Another defendant, 22-year-old his apartment which is located within the Carlos Lora, pleaded guilty on August 9, Melrose Houses. 2007, to two counts of hindering the pros- After Arauz's death, Arauz's close ecution and one count for each murder friend, 19-year-old Laurice Arthur, began weapon he hid in his house for "safekeep- Annual Report 2009 Two Gang Homicides Less Than One Month Apart Continued ing." He was sentenced on September 6, the murders of Arauz and Arthur. He was 2007, to a prison term of two-to-six years. sentenced on January 5, 2009, to two con- Lora testified against Roman at trial. secutive terms of 25-years-to-life impris- Roman was found guilty by a jury onment. He must serve at least 50 years in of his peers on December 5, 2008, of two prison before becoming eligible for parole. counts of murder in the second degree for BFA Gang Activity Leads to Shootings, Murder, and Arrests tigation, varying quantities of narcotics In the summer of 2008, members were recovered from sales to undercover of a gang that called itself BFA ("Brothers detectives. Detectives also confiscated a From Another") were selling drugs and Luger 9MM semi-automatic handgun, targeting rival gangs in and around the one .45 caliber revolver, one .25 caliber Edenwald Houses. The gang was respon- semi-automatic handgun and one .357 sible for a number of shootings that Magnum Revolver. caused serious injuries to eight people and The seventy-eight count indictment a death. On December 15, 2008, Aaron includes charges of gun possession, the dis- Wescott was gunned down in a public area tribution and sale of narcotics, murder (of known as the "horseshoe" where alleged Aaron Wescott) and conspiracy to commit gang members frequented and sold nar- murder. It is alleged that gang members cotics. Of the nine individuals who were recruited children as young as 13 to sell shot, three were innocent bystanders. The drugs, stash firearms and carry out shoot- rest were members of rival gangs. ings and other violent crimes. Additionally, An eight-month long joint investi- four of the defendants are charged with gation by the Bronx District Attorney's rape in the first degree for attacking a rival Office and the NYPD led to the arrest of female gang member. The alleged mem- 21 alleged members of the Bloods-associ- bers of BFA charged in the top counts of ated BFA gang in April 2009. On multiple the indictment face prison sentences of 25 occasions during the course of the inves- years to life. The cases are pending. auto Crime initiatiVes ers). These cars were valued at possession of stolen property, illegal $4,997,025. The Anti-Auto Theft possession of a vehicle identifica- The Office of the Bronx program, which has been supported tion number, auto stripping and/or District Attorney has operated the with resources provided by state unauthorized use of a vehicle. It Bronx Anti Auto Theft Program grants, was designed to increase the was also expected to result in an since 1995. In 2009 alone this number of successful prosecutions increased number of stolen cars Office recovered 428 stolen vehicles of defendants charged with grand recovered pursuant to arrests made (for return to their rightful own- larceny of a motor vehicle, criminal and/or search warrants executed. Annual Report 2009 A Pattern of Stealing Cars of his guilty plea, if he successfully completed Seventeen-year-old Laquan Hanley treatment, Hanley would receive Youthful stole a 2009 Mitsubishi Galant in Nassau Offender status on both cases and receive County on Long Island. He was arrested for probation or a conditional discharge. If he posession of the stolen vehicle on July 22, failed to complete treatment, Hanley would 2009, in the Bronx. Hanley was arraigned receive a jail alternative of 21/3–7 years in and released on his own recognizance. The prison with no Youthful Offender status. court issued a bench warrant on August On December 8, 2009, Hanley was 13, 2009, when he failed to return to court. admitted to the treatment program. The Instead, he stole a 2007 Toyota Camry, again next evening, on December 9, Hanley in Nassau County. On September 20, 2009, walked off the program's property. He did he was arrested in the Bronx for possession not say why he was leaving and refused to of that stolen vehicle, and he was arraigned come back as he walked down the road. and remanded on his open warrant. Bail was Later that month, on December ultimately set at $10,000 on each indictment 29, 2009, Hanley was arrested in Nassau (cash only). County for allegedly operating a stolen On November 24, 2009, Hanley plead- 2006 Chrysler Pacifica. This Nassau ed guilty to two counts of criminal possession County case is pending. Hanley is sched- of stolen property in the third degree. He uled to be sentenced to 21/3–7 years was placed in Phoenix House, a residential imprisonment on each Bronx indictment drug treatment program with the Phoenix to run concurrently. He will not receive Academy, for 18-24 months. Under the terms Youthful Offender status. 15 Missing Minivans a high-speed pursuit of the stolen minivan On February 28, 2009, thirty-one- on Bruckner Boulevard heading south. year-old Jesus Borrero and 25-year-old Police terminated the pursuit in the Hunts Joann Encarnacion drove a minivan into Point section of the Bronx. Nevertheless, the residential neighborhood of Pelham Borrero ran several red lights and collided Bay Park. An eyewitness saw Borrero with a 1996 Nissan. The driver of the get out of the minivan and approach Nissan was severely injured. Encarnacion, a neighbor's 2002 Dodge Caravan. He who had abandoned the first minivan and then inserted an object into the door lock, joined Borrero in the stolen Caravan, was entered the Caravan and drove away. apprehended at the scene of the accident. Encarnacion followed in the other mini- Borrero was apprehended after a foot chase van. The eyewitness called 9-1-1. about two blocks from the accident scene. The police had been investigating a Borrero and Encarnacion were pattern of stolen Dodge minivans in the interviewed by police. Borrero admitted 45th Precinct and surrounding precincts. that between January 24 and February 28, They responded to the call and were led on 2009, they stole 19 vehicles (including 15 Annual Report 2009 15 Missing Minivans Continued minivans) primarily in the vicinity of the pleaded guilty to assault in the second 45th Precinct. Both have substantial crimi- degree for causing injury in the course of nal records, Borrero for charges including the commission of felony grand larceny. attempted grand larceny and auto strip- Borrero was sentenced to 4½ years incar- ping and Encarnacion primarily for crimi- ceration on July 17, 2009. Encarnacion nal possession of a controlled substance. was sentenced to five years probation on Borrero and Encarnacion both September 10, 2009. Although, as is evident from most recent statistics available) auto 100,000 registered vehicles and the graph below, this program has theft in Bronx County remained fourth highest rate per 100,000 pop- been very successful, in 2006 (the at the highest rate in the state per ulation (highest in New York City). Decline In Grand Larceny Auto 1990 - 2009 22,946 22,000 20,567 Auto Theft in the Bronx has 17,711 been reduced by 89% since 1990, 18,000 15,643 from 22,946 to 2,411. 14,249 14,000 10,875 10,000 9,607 8,151 7,170 6,968 6,671 6,000 5,528 5,207 4,725 4,377 4,016 3,386 2,995 2,936 2,411 2,000 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 Source: New York City Police Department The Bronx District Attorney's in to make an arrest. Break-ins in continues to deploy them around Office owns two bait cars. Working a given area are often committed the county in an ongoing effort to jointly with precincts that experience by relatively few people. Removing reduce break-ins. an increase in auto-related crime, these offenders from the streets can Over the years we have added the bait cars are positioned in high greatly reduce a neighborhood's components to the Anti-Auto Theft crime areas, with plainclothes police auto damage and petit larceny inci- Program. In 1999, we added night- officers stationed nearby. After a dents. There have been numerous time surveillance and investigations suspect breaks into the car and arrests in the last year based on the of auto-related crimes. In the last removes property, the police move use of the bait cars, and this Office eight years, we expanded the pro- Annual Report 2009 gram to include document fraud puters to capture large numbers Although anyone can be a victim of and insurance fraud. This expan- of license plates quickly, convert crime, age may render victims phys- sion was made possible through them to text and compare them ically weak, physically or emotion- grants from the New York State quickly to a large list of plates of ally isolated, or mentally disabled. Motor Vehicle Theft and Insurance interest. LPR systems can, within These conditions increase the trau- Fraud Prevention (MVTIFP) Board, seconds of contact, identify a plate ma of victimization and make the which provides funds for equipment as either stolen or wanted, allowing criminal justice system more diffi- which enables detectives to conduct law enforcement to target vehicles cult to negotiate. The Bronx District surveillance operations at night (or that might otherwise be overlooked. Attorney's Office hired an Elder in other low-light conditions). In January 2008, using MVTIFP Abuse Coordinator in 2000 to serve Since September 2006, Bronx grant funds, the Office purchased as a liaison among the bureaus and District Attorney's Office Detective an additional LPR. units of the office, obtain services Investigators have worked with from outside agencies and serve as a NYPD precincts three-to-four days elDer aBuse resource for educating the commu- and three-to-four nights per week nity. The Coordinator handled 184 using a License Plate Reader (LPR) "Elder abuse" can take many calls in 2009 regarding suspected provided by the National Insurance forms, including neglect or abuse elder abuse and neglect and is often Crime Bureau. LPR technology of a physical, financial, psycho- the first point of contact for elder uses specialized cameras and com- logical, emotional or sexual nature. abuse inquiries. Elder Abuse live for the rest of his life. Without a law- Sixty-five-year-old Mr. O is mentally yer, Mr. O signed over his home to Mrs. disabled, but he was able to hold down, D for $10 (who had legal representation). and retire from, a menial job with a util- Shortly thereafter, Mrs. D began to harass ity company. During his whole life Mr. O Mr. O to leave his home. lived in a private home with his mother Mr. C, an active community and aunt, the co-owners. His mother died resident, took over responsibility for Mr. several years ago. When his aunt died O's well-being. He was in the process in 2006, he was alone in the home. Well of formally applying for an Article 81 known to the community, Mr. O gener- Guardianship in February 2009 when he ally brought out the best in his neighbors. brought this case to the attention of the While most took on a protective and car- Bronx District Attorney's Office. Mr. C ing watch over him, his neighbor's daugh- had a comprehensive cognitive/psycho- ter, Mrs. D, saw an opportunity to exploit logical assessment completed of Mr. O his vulnerability and trusting nature. that documented that, due to his dimin- Mrs. D promised to take care of Mr. ished cognitive and intellectual function- O and relieve him of the responsibilities ing, Mr. O could not have understood the and expenses of homeownership. She real estate transaction, the financial impli- promised to make improvements in the cations, or the value of money. home and to provide a place for him to A senior investigative assistant dis- Annual Report 2009 Elder Abuse Continued trict attorney from the Bronx District fear of further exploitation. Attorney's Office interviewed the attor- This case is an example of a multi- ney who represented Mrs. D for the real disciplinary effort involving a caring com- estate transaction and the attorney who munity, the civil court system, the medical represented Mr. O. As a result, in lieu of profession and the District Attorney's prosecution, Mrs. D agreed to return the Office to undo an unethical and potential- homestead and to forfeit any money she ly criminal act. A wrong was made right, may have spent on improvements to the and by May 2009 a senior citizen was house. Mr. O is now free to live his life in made whole again with improved supports his own home, free of intimidation and and caring oversight. In 1998, the Bronx District District Attorney's Office partici- ters, tenants' associations, social Attorney formed an elder abuse pated in the second annual senior service providers, etc. This program committee to develop strategies information fair at Capital One is currently implemented without to enhance prosecution in elder Bank (formerly NorthFork Bank). funding, staffed by volunteers from abuse cases and to increase the The Elder Abuse coordinator also the Office. coordination of services to elderly conducted in-service training ses- victims. As an outgrowth of the sions for professionals, including Bronx sexual assault Office's committee, an Elder Abuse doctors, nurses, social workers, and resPonse team Multidisciplinary Task Force was law enforcement. created in 2001. The complexities The Bronx District Attorney's In 2002 the Bronx Adolescent of elder mistreatment and neglect Office was selected in early 2006 and Adult Sexual Assault Task necessitate a comprehensive, mul- to become a CASE ("Communities Force began meeting at the District tidisciplinary approach. The Task Against Senior Exploitation") Attorney's Office. The goal of the Force is co-chaired by the Elder Model Site. The CASE partnership Task Force is to identify and respond Abuse Coordinator at the Bronx is an elder fraud prevention and to system challenges and develop District Attorney's Office, and the intervention program. The Bronx solutions to improve services for Bronx Borough Director of Adult District Attorney's Office is one of victims of sexual assault. The Task Protective Services. This bimonth- approximately 50 sites across the Force is composed of representatives ly gathering of law enforcement, country that work with faith-based from hospitals and the medical com- social service, healthcare, financial, communities and senior centers to munity, the New York City Mayor's business, governmental and private combat elder fraud and exploita- Criminal Justice Coordinator's agencies enables the sharing of tion. As part of this program, staff Office, the New York City Alliance expertise and facilitates the coordi- from the District Attorney's Office Against Sexual Assault, nonprofit nation of efforts to prevent, inves- conduct training in the community crime victim service providers, the tigate and remedy the abuse of our using CASE resource materials. New York City Police Department, most vulnerable seniors. During 2009, the program made and the Bronx District Attorney's During National Crime 31 CASE presentations to commu- Office. The members identified Victims' Rights Week, the Bronx nity groups, churches, senior cen- a need and with the aid of the Annual Report 2009 Mayor's Office obtained funding for (SAFEs) who are coordinated by system-induced trauma to the vic- a Bronx Sexual Assault Response a project director who works from tim. The Multidisciplinary Team Team (SART). North Central Bronx Hospital. The assists hospital personnel in identi- The Bronx SART began deliv- examiners conduct a physical exam- fying and treating victims of child ering advanced forensic and coun- ination, collect potential DNA evi- abuse, and acts as a network for seling services in April 2004 to every dence, and document both internal further referrals. sexual assault victim seeking treat- and external injuries. In 2009 Bronx This team approach affords a ment at any of the three municipal SART hospitals covered 248 of number of benefits. First, it enhanc- hospitals in the Bronx. The Bronx these cases. In 97% of those cases, es the quality of evidence avail- SART is on-call around-the-clock, a SART examiner responded to the able to all participants by affording every day of the year to respond hospital within one hour of admis- them the opportunity to be pres- within one hour. The responders sion of the sexual assault victim to ent to ask questions at the victim's include a specially-trained forensic the Emergency Room. Eighty-six first interview. Second, it minimizes examiner and a rape crisis advo- percent of the victims admitted to the additional trauma to the vic- cate. Compassionate and competent the Emergency Room consented to tim who, if subjected to repeated care delivered promptly helps sexual a forensic exam. In 37% of the interviews, must revisit incidents assault victims overcome the trauma cases, the physical examination of that may have been emotionally from the attacks. The rapid response the victim revealed findings of geni- devastating. Third, it avoids prob- is also meant to ensure that criti- tal trauma. In 50% of the cases, the lems associated with having victims cal evidence is properly collected physical examination revealed find- repeat their stories, such as details as soon as possible after an attack, ings of non-genital injury. forgotten or inadvertently omitted, which assists in the investigation and and having victims become tired prosecution of these violent crimes. multiDisCiPlinarY team on and uncooperative. In 2009, the In 2008, Bronx SART par- ChilD PhYsiCal anD sexual District Attorney's Office responded ticipated in the establishment of a aBuse to 264 joint interviews with mem- city-wide protocol which mandates bers of the Multidisciplinary Team. that any city ambulance transport- The Multidisciplinary Team Through its participation in the ing a sexual assault victim bring on Child Physical and Sexual Multidisciplinary Team, the Office the victim to a SART-based hos- Abuse is a coalition of representa- has significantly improved its ability pital. In the Bronx, that includes tives from the Office of the Bronx to prosecute child abusers effectively North Central Bronx, Jacobi and District Attorney, Bronx hospitals, while addressing the needs of child Lincoln Hospitals. Also in 2008, mental health service providers, abuse victims. Bronx SART was a major impetus school districts, the Administration in the development of a "Suspect for Children's Services, the New joint training Program With Evidence Collection Kit" which is York City Corporation Counsel, the nYPD now being used to collect important the NYPD and the Juvenile Rights forensic evidence in appropriate Division of the Legal Aid Society. In January 2002 we launched cases from the person of an alleged Its purpose is to improve communi- the BXDA/NYPD Joint Training perpetrator of a sexual assault. cation among participating agencies Program. This program is con- The Bronx SART is supported and coordinate their involvement ducted regularly in the Litigation by federal and state grants and in child abuse cases. The primary Training Unit of the Office of the consists of a group of 12 - 14 benefit of this multidisciplinary Bronx District Attorney. The fac- Sexual Assault Forensic Examiners approach is the minimization of ulty is comprised of a group of Annual Report 2009 experienced attorneys and NYPD ing is provided to officers after they st. john's laW sChool CliniC supervisors designated to teach spe- have had four-to-six months of street cific topics. During each session uni- experience and covers basic legal Since 1999, staff from the formed members of the New York issues (e.g., citizen/police encoun- Bronx District Attorney's Office have City Police Department are trained ters and laws governing identifica- participated in a clinical program for together with assistant district attor- tion and statements), proper proce- law students at St. John's University neys. Since 2002 approximately 500 dures when responding to domestic School of Law in which several law assistant district attorneys and more violence incidents, Complaint Room students are designated as student than 1,200 police officers received policies and procedures (including assistant district attorneys. Each year this training. Of these, 69 assistant how to complete supporting deposi- the students prosecute cases under a district attorneys and 113 police tions), and what to do when lodging special designation to practice order officers participated in six trainings a prisoner at Central Booking. issued by the Appellate Division, in 2009. The training is provided by the First Department. The students The experience levels of the Chief of Vehicular Crimes, the Chief handle misdemeanor cases and are police and attorneys vary. There of Arraignments and Complaint permitted to argue their cases in are usually two patrol officers per Room, and NYPD Supervisors from Court. The students are supervised precinct. The attorneys are from Bronx Central Booking. The Office by Bronx District Attorney's Office various prosecution bureaus. receives cooperation and support staff. In addition to the clinical The purpose of the program from the NYPD Patrol Borough component, a member of the Bronx is to educate and promote an open Bronx Commanding Officer and the District Attorney's Office staff, discussion on criminal law and Borough Training Officer, who pro- Assistant District Attorney Joseph procedural issues and to keep com- vides coordination and assigns officers McCormack, Chief of Vehicular munication open between the two to attend the training. Depending on Crime Prosecutions, teaches law enforcement agencies. This the size of the Police Academy grad- coursework related to this program will help both agencies to better uating class, there are three to four at St. John's University. In 2006, serve the public and the criminal training sessions per year. In 2009 2007 and 2008 he was named justice system. there were two sessions, each with 25 Clinical Professor of the Year at St. The basic core of program officers per class. John's University. topics includes (1) New York Law, These training sessions have including search and seizure, iden- resulted in marked improvement international Visitors anD tification evidence and statement in new officers' paperwork, par- traVelers evidence, (2) Complaint Room ticularly in completing supporting Procedures, (3) Domestic Violence depositions and in articulation of Over the past several years Issues and (4) Case Preparation the facts of the case to establish representatives of governments and Presentation. probable cause to justify the arrest. around the world have visited the In addition, the training sessions Bronx District Attorney's Office. nYPD neW PoliCe offiCer continue to open communication Some of these have been part of training within law enforcement. The offi- the International Visitor Leadership cers rate the training very highly Program of the US Department In 2005 the Bronx District and have requested that "refresher" of State. Others have come inde- Attorney's Office began a training courses be offered every six months pendently. In return members of program for newly appointed police and that their supervisors also attend our staff have been invited to make officers in Bronx County. The train- the training. international visits. Annual Report 2009 In September 2009, as Assistant District Attorney discussed was Assistant District Attorney Amy part of the International Visitor how we prosecute intellectual prop- Litwin from this office. Through the Leadership Program, the editor of erty crime in Bronx County. exchange the participants learned a daily newspaper in Thailand vis- In honor of the 400th anni- how much the Dutch legal system ited the Office to learn how jour- versary of Henry Hudson's trip differs from the American. For exam- nalists in the United States cover to Manhattan, 12 Dutch workers ple, the Dutch have no juries; rather, terrorism, international crime and were paired with New Yorkers for a judge or panel of judges decide human trafficking. a two-week job swap and cultural defendants' fates. Additionally, trials In December 2009 two indi- exchange in September. One of the are very brief and have no live testi- viduals from Estonia, the Executive Americans who visited Amsterdam mony; there is no plea bargaining. Director of the Estonian Business Software Association and an attor- ney who specializes in Intellectual Property Rights, visited. According to the US Department of State, the purpose of their visit was to gain insight into how the federal, state and local authorities in the United States combat intellectual property rights infringement, to examine best practices regarding intellectual property protection, and to under- stand the laws and legislative process with regard to intellectual property. ADA Amy Litwin and her Dutch counterpart Alexandra Oswald This Office's Senior Investigative 0 Annual Report 2009 Community Outreach Community residents and busi- vention programs, participates in offered by the Office. Some of the ness people often serve as the "glue" interagency committees, and inter- other programs, such as the Elder that holds together collaborative acts regularly with community resi- Abuse Initiative and Operation efforts among public and private dents, neighborhood leaders and Weed & Seed, are discussed else- sector agencies and thereby enhance others. The unit also keeps residents where in this report. Still other each group's efficacy in preventing informed of the status of cases as programs have been in existence for crime and improving quality of life. they progress through the criminal a number of years and are described The Bronx District Attorney and his justice system. on the Office's web site: www.bronx- staff actively participate in a variety The Office's programs are da.nyc.gov. of programs and community activi- coordinated by the unit, but vol- ties to better serve the residents of unteers from both legal and sup- AsK THE BRonX D.A. the county. port staff throughout the Office are In these collaborations the needed to implement them. These Ask the Bronx D.A., winner Community Affairs Unit is often individuals use their own time, often of a 2004 "Telly" award, is a 12- the connection between the District during evenings and weekends, to part series co-hosted by the District Attorney and the residents of Bronx work with the Bronx community Attorney and Bronxnet's Melanie County. Staff from the unit attend around issues of crime prevention Torres that serves to educate Bronx community meetings, and the unit and intervention. residents about the criminal justice provides speakers and tours of the The programs highlighted system. The show was created as courts, offers education and pre- below are just a sample of those part of an outreach effort to edu- National Night Out Annual Report 2009 ToURs AnD spEAKERs The Community Affairs Unit coordinates requests for tours and speakers. Assistant district attorneys and support staff address communi- ty, religious, civic and student groups regarding various topics within the criminal justice system. Speakers discuss a variety of issues of specific interest to the community. In addi- tion, staff members are available to conduct tours of the courthouses National Night Out and explain how a case proceeds through the criminal justice system. cate the public on matters of con- Theodore Roosevelt High School cern ranging from street-level drug are matched with volunteers from sTUDEnTs ToGETHER sales to elder abuse. Each show the Bronx District Attorney's Office AVoiDinG RisK (s.T.A.R.) lasts one half-hour and deals with on a one-to-one basis. Mentors a particular topic. People from the provide much-needed support and The S.T.A.R. program uses a community are invited to ask the inspiration to students making their multi-faceted approach to battling District Attorney and his staff vari- way through school. Traveling to narcotics and violence. Trained staff ous questions related to that topic. the Bronx District Attorney's Office at the District Attorney's Office par- Topics of discussion have includ- to meet with their mentors allows ticipate in a three-part community ed: Economic Crime, Quality of students to experience the mentors' outreach program for 5th and 6th Life, Domestic Violence, Narcotics, work environment and learn about grade children and their parents. Community Outreach, Elder Abuse, the functioning of the criminal jus- This program provides age-appro- Homicide Survivors, the Abandoned tice system. Eighteen mentor/men- priate information on the nega- Infant Protection Act and the Bronx tee pairs were matched in 2009. tive effects of gangs, gun violence Multidisciplinary Team on Child and drugs. The program also pro- Abuse, Project Safe Neighborhoods, READ-To-mE pRoGRAm vides information on the people and Safeguarding Your Child on the operations of the District Attorney's Internet, Bias Crime, and the Bronx In partnership with two local Office and the criminal justice sys- District Attorney's Crime Victim day care centers, staff from the tem. Close to 300 students par- Assistance Unit Satellite Office. This Bronx District Attorney's Office ticipated in the S.T.A.R. program series airs on Bronxnet, Channel 67 hold monthly reading sessions. in 2009. in various time slots each week. Support staff and assistant district attorneys volunteer their time once YoUTH TRiAl ADVocAcY pRoJEcT JUmp a month to read stories to chil- pRoGRAm dren between the ages of two and Sophomores, juniors and five at the Marshall England Early The Bronx District Attorney's seniors from the Law, Justice Childhood Learning Center and at Office Youth Trial Advocacy and Public Service Academy at the Paradise Learning Center. Program (Y.T.A.P.) provides moti- Annual Report 2009 vated students with an opportunity to explore a career in law. Students meet with assistant district attor- neys to discuss legal careers and the criminal justice system. Students are then divided into teams, each with up to four assistant district attorneys serving as coaches or mentors. Each team learns how to develop advocacy skills and debat- ing techniques. Students then test their newly acquired skills in a moot court competition. At the end of the program, every student Weed and Seed Training is awarded a certificate marking successful participation in the pro- violating school rules are brought lAw, GoVERnmEnT AnD gram, and the top two participants before the mock court and the chil- JUsTicE mEnToRinG are awarded Summer Internships dren act as defense counsel, pros- pRoGRAm within this Office. ecutor, jury and court officers. With the aid of assistant district attor- The Law, Government and pEoplE's coURT pRoGRAm neys, the students learn how trials Justice Mentoring Program was (p.s. 385) are prepared and conducted. The designed in collaboration with the program also assists the students by School for Law, Government and Elementary school students helping them to develop effective Justice to introduce seventh grade from P.S. 385 travel to the Bronx communication skills while learning students to volunteer professionals District Attorney's Office to par- more about the complexities of the from the criminal justice field. The ticipate in mock trials. Incidents judicial system. mentors provide insight into their professions, while providing guid- ance, adult friendship and positive reinforcement to mentees. There were 12 pairs in the 2009-2010 school year. THE ADUlT woRKsHop sERiEs The Adult Workshop Series provides the District Attorney's Office with an avenue to edu- cate Bronx residents about vari- ous issues related to the criminal NYPD Community Affairs Officers Breakfast justice system. Workshops such Annual Report 2009 as "After the Arrest," "You Be the our schools and neighborhoods. is kept informed about issues of sig- Judge," "Safeguarding Your Child Workshops are presented monthly nificance to the community. on the Internet," "Perspectives on a rotating basis. on Protecting Your Identity," spEciAl pRoJEcTs "Gang Awareness," "Domestic pREcincT coUncil Violence," "Sexual Assault," and REpREsEnTATiVEs The Community Affairs Unit "The Fundamentals of Court also implements several special events Monitoring for Community-Based There are 12 precinct commu- and programs throughout the year Groups" have been developed to nity councils and two Police Service to address various community needs. inform citizens about issues such Areas (PSAs) in the Bronx that meet Special programs are developed with as identity theft, criminal court monthly. Fourteen assistant district community organizations to afford var- arraignment, trial procedures, attorneys have volunteered to attend ious segments of the Bronx commu- dangers lurking on the Internet these meetings. These representa- nity an opportunity to interact with the and the presence of gangs in tives assure that the District Attorney Bronx District Attorney and his staff. Annual Report 2009
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