The Office of the Bronx County District Attorney Annual Report 2009

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The Office of the Bronx County District Attorney Annual Report 2009 Powered By Docstoc
					            ♦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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