Office of the Westchester County District Attorney Annual Report 2007

OFFICE OF THE WESTCHESTER COUNTY DISTRICT ATTORNEY ANNUAL REPORT 2007

JANET DIFIORE DISTRICT ATTORNEY

TABLE OF CONTENTS

MESSAGE FROM THE DA…………………..………………………………………….1 PROSECUTION…………………..………………………………………………………2 HOMICIDES…………………..……...…………………………………………………..3 SEX CRIMES…………………..……..………………………………………………….5 VIOLENT FELONY SCREENING PROTOCOL…………………..……..…………………6 CODIS…………………..……..……………………………………………………….7 GANG VIOLENCE/FIREARMS/NARCOTICS…………………..……..…………………..9 DOMESTIC VIOLENCE, CHILD ABUSE AND ELDER ABUSE…………………..………13 PUBLIC CORRUPTION…………………..……………………..………………………14 CONSUMER FRAUD AND PROPERTY THEFT………………….………………………15 ORGANIZED CRIME/CRIMINAL ENTERPRISE/AUTO CRIMES…………………..……..16 ENVIRONMENTAL CRIMES…………………..……..………………………………….17 PARTNERSHIP AND COLLABORATIONS…………………..……..……………………18 CRIME PREVENTION AND INITIAVES…………………...……..………………………20 DOMESTIC VIOLENCE LEGAL PARTNERS…………………….………………………22 PREVENTING GUN VIOLENCE…………………..……..………………………………22 ROAD TO RECOVERY DRUG TREATMENT……………..……..………………………23 LEGISLATIVE INITIATIVES…………………..……..………………………………...…23 WORKING WITH THE COMMUNITY…………………..……..……….…………………24 TRAINING AND EDUCATION…………………..……..……………………………...…26 FISCAL RESPONSIBILITY…………………..……..………………………………...…27

A MESSAGE FROM THE DISTRICT ATTORNEY

My first two years as Westchester County District Attorney have been challenging, enlightening and very rewarding. We continue to evolve from a traditional, reactive law enforcement agency, focusing solely on the prosecution of criminals, to a proactive, forward-thinking office addressing public safety needs by focusing on the many forces that drive crime in our communities. Criminal activity does not respect political geographical boundaries. Collaboration is a key component of successful crime fighting, and we have worked hard to forge solid strategic alliances with local, state and federal law enforcement agencies, the courts, and victim advocate and community groups. This Annual Report documents the continuing success we have achieved in fulfilling our mission of enhanced and sustained public safety in Westchester County. By the numbers, in 2007, our efforts have yielded impres- sive results: prosecutorial efforts resulted in a 97% felony conviction rate, one of the highest in the state, and our, affirmance rate on appeals was even higher - over 99%. We aggressively prosecuted violent felonies and pursued investigations targeting gangs, narcotics and firearms. At the same time, we referred to Drug Treatment Courts those individuals whose cases merited an oppor- District Attorney Janet DiFiore with reporters from tunity for treatment rather than incarceration. The Child Kids X-press Magazine after they conducted an interview. Fatality Review Team released three public reports with the goal of educating parents of young children to the dangers of co-sleeping. Seeking to enhance our ability to prosecute important cases, we successfully proposed important legislation in the areas of human trafficking and online sexual predators. Recognizing that recidivism among those released from prison poses a serious public safety issue, I agreed to chair the Westchester County Reentry Task Force, a collaboration among state, county and not-for-profit agencies that began its work in 2007. The Task Force coordinates supervision and services for reentrants and assists where gaps in services impede a successful return to the community and family. Our 2007 reentrants’ preliminary results, in terms of lower rates of rearrests and violations of parole, are encouraging. We continue to focus on the importance of new information technology, both updating the way our office conducts business and enhancing our ability to investigate increasingly sophisticated crimes. Working with local, state and federal colleagues, we put in place plans for a spring 2008 opening of the Westchester Intelligence Center. This state-of- the-art technologically advanced facility will offer local police departments the opportunity to unify their crime-fighting efforts through shared intelligence and analysis. It is the hard work and cutting edge programs behind the numbers, however, that will allow us to continue to build on those successes. I take great pride in my staff’s commitment to serving the public through these initiatives detailed in this report. We will continue to focus on driving down crime, enhancing public safety, and promoting fairness at every level of our criminal justice system, all with an eye to fiscal responsibility. Thank you for taking the time to read about the important work we are doing. We are very proud of our work, but we are even more proud to serve the people of Westchester County. For more information about our programs and services, please visit us at www.westchesterda.net.

PROSECUTION

CONVICTIONS As Chief Law Enforcement Officer of Westchester County, the District Attorney is responsible for the fair and impartial prosecution of all crimes committed Prison / Jail Time Felony Conviction in this County. A core mission of every District Attorney’s Rate for Felony Rate 2007 Office is the vigorous prosecution of serious and violent crime. Convictions In 2007, my Office pursued this mission, skillfully, ethically, and forcefully – and the results have been outstanding. Ac- cording to the statistics maintained by the NYS Division of Criminal Justice Services (DCJS), in 2007, the Westchester 97% 91% County District Attorney’s Office had a felony conviction rate WC NYS of over 97%. This number includes both guilty pleas and trial 79% 72% convictions. By way of comparison, in 2007 the statewide WC NYS conviction rate for felony offenses was 91%. The percentage of defendants convicted of felony offenses in 2007 who were sentenced to prison/jail was 79% as compared to the state rate of 72%. Prison / Jail Time Violent Felony Conviction Rate for Violent Felony Rate Our conviction rate in 2007 for violent felony offenders, individu- Convictions als charged with crimes such as murder, manslaughter, robbery, burglary, aggravated assaults, sex offenses, kidnapping, gun possession, and arson was better than 95% Statewide, the conviction rate for violent felony offenses was 89%. The per- 91% 95% 80% centage of defendants convicted of violent felony offenses in 89% WC this County in 2007 who were sentenced to prison/jail was 91% WC NYS NYS as compared to the state rate of 80%. We achieved these better than statewide felony conviction rates in a timely and expeditious manner. In 2007, statewide, prosecutors required an average of 277 days to dispose of a felony case. Our Office required only 226 days to reach disposition.

POST CONVICTIONS APPEALS This Office is equally successful in upholding the convictions it obtains. In 2007, a total of 175 felony appeals were brought to conclusion in the intermediate appellate courts. In 174 or 99.4% of those cases, the conviction remained intact. PROBATION In 2006, I returned the prosecution of probation violators to the District Attorney’s Office. Defendants who are convicted of lower grade felonies and who are not predicate felony offenders may be sentenced by the court to as much as 10 years probation as monitored by the Westchester County Department of Probation (WCDOP). When a probationer violates the conditions of probation, the WCDOP will file a violation petition and this Office will prosecute the offender, seeking incarceration where appropriate. In 2007, 264 violators were prosecuted by our Office; 181 violators were resentenced to incarceration.

STATE PRISON ON A VIOLATION OF PROBATION In 2002, defendant Richard Nadal was convicted of grand larceny in the fourth degree for stealing a car and sentenced to probation. He first violated probation in 2004 and was resentenced to continued probation. On October 4, 2006, the defendant again violated probation. In prosecuting this second violation, my Office affirmatively sought a state prison resentence as the defendant had committed new crimes while he was on probation. After a hearing at which we sustained our burden of proof, the defendant was resentenced to 1 1/3 to 4 years in state prison, the maximum sentence allowed for his original conviction.

HOMICIDES All homicide cases are vertically prosecuted by veteran trial assistants who are available 24 hours a day on a rotating sched- ule to respond to fatality scenes throughout the County and to provide legal advice to the police from the start of the investigation. The determination of the cause of death for a suspicious fatality requires a complete death scene investigation with attending forensic analysis of the evidence, an accident reconstruction for vehicular deaths, the medical examiner’s autopsy, and a thorough police investigation, including witness interviews. As the investigation proceeds, the case is regularly reviewed by the Office’s top trial lawyers. Before the matter is presented to a Grand Jury, a presentation of all the legally admis- sible evidence must first be made to the Homicide Review Committee which includes the District Attor- Homicides Reported in 2007 ney. Vehicular In 2007, homicide assistants opened 103 fatality re- Hom icide s ports and investigations were commenced to deter- 8 mine the cause of death in each case; 5 of which were “cold cases” as the deaths occurred several Hom icide s 27 years ago. There were 35 homicides; 27 (including 2 cold cases) were classified as murders or manslaugh- ters and 8 were vehicular homicides. The Office filed 25 charges in the 35 homicide cases against 30 defendants as a result of these investigations.

A snapshot of the homicides reveals that the manner of death in the 35 homicides was: 15 by gunshot; 8 by Instrumentalities of Homicides vehicles; 6 by blunt force trauma or strangulation; 5 by knife wound; and 1 unknown (torso discovered in the Long Island Sound). More than half of the assailants in 8 the 15 gunshot homicides were under the age of 21. In 6 contrast, all 8 defendants charged in the vehicular 15 1 5 homicides were over 21 years of age. The remaining fatalities upon investigation revealed the following: 21 were vehicular deaths which were determined not to be homicides; 7 were infant fatalities, 6 of Guns Vehicles Blunt Force/Strangulation Kniv es Unknown which were not homicides; 12 were ruled suicides; 6 were natural deaths; and 5 were accidental (non- vehicular) deaths. There were 18 deaths, including drug overdoses, where the circumstances of the death could not be fully determined.

Suspicious Deaths in 2007 Homicides

Vehicular Deaths Non-Homicides 21 18 27 Undetermined 12 6 8 11 Suicides

Accidental or Natural Causes

Vehicular Homicides

Infant Fatalities Non-Homicide

People v. Shamei Brown - On Halloween night in 2005, at People v. Omar Washington and Fred Richardson - On the Hartley Houses apartment complex in New Rochelle, May 22, 2006, Kevin Chambliss was standing outside his Raymond Harris and Todd Carolina were shot by Brown in apartment building on Ferris Avenue, White Plains, when a mistaken attempt at retribution for the murder earlier that he was approached by Omar Washington and Fred month of the defendant’s brother, Dasheau Brown. Ray- Richardson, who are cousins. Washington apparently mond Harris was shot to death and Todd Carolina was shot believed that the medallion worn by Mr. Chambliss was in the face and survived. the same one that had been stolen from him a few days In the earlier homicide case, Dasheau Brown, defendant’s earlier. brother, was shot and killed outside a social club in New Washington ordered Richardson to shoot the victim, who Rochelle on October 10, 2005. Rodney Alston was con- tried to escape only to be chased down by the two assail- victed after a jury trial of the murder of Dasheau Brown and ants. The men beat Mr. Chambliss and upon Washing- was sentenced to 20 years to life in state prison. The vic- ton’s order, Richardson shot Mr. Chambliss in the back, tims of Shamei Brown were not involved in the murder of killing him. his brother. White Plains police working with a homicide assistant thor- New Rochelle police and a homicide assistant investigated oughly investigated the case. both murders. Shamei Brown was convicted after a jury After separate jury trials, prosecuted by the same homi- trial and was sentenced in 2007 to 20 years to life for his cide assistant, each man was convicted of murder in the conviction of murder in the second degree and a consecu- second degree. Washington received a sentence of 25 tive sentence of 17 years in state prison for his conviction years to life and Richardson was sentenced to 20 years to for attempted murder in the second degree. life in state prison.

People v. Andre Banks - On July 3, 2005, Angel Cabrera was working as usual at the Cibao Deli on Tarrytown Road in Greenburgh. At about 10:45 p.m., Mr. Cabrera and Jose Peña were cleaning up in the back kitchen while Juan Guzman was behind the deli counter. The owner of the deli was Jose Peña’s brother, Pedro Peña, who was upstairs with their other brothers, Nelson Peña and Juan Peña, and his nephew, Cesar Peña. Into this small family deli walked Andre Banks with his hoody pulled up on his head and his loaded .38 caliber revolver in his hand. Banks walked directly to the back of the store, and without saying a word, opened fire. One bullet struck Jose Peña in the chest; another hit Angel Cabrera. Both wounded men struggled out the back door. Angel Cabrera fell dead in the yard; Jose Peña hid himself between two cars. Meanwhile, Pedro Peña and his other brothers charged downstairs. Pedro Peña was shot as he ran into the store as Banks was ransacking the cash register. The killer then ran out the front door and fired at close range at Nelson Peña. As the killer turned and ran away, he fired twice more, this time at Juan Peña and Cesar Peña, who were in the stairwell that led to the street from the upstairs apartment. All told, Andre Banks killed one man (Angel Cabrera), grievously wounded two others (Jose Peña and Pedro Peña), attempted to kill a third (Nelson Peña) and recklessly endangered the remaining two (Juan Peña and Cesar Peña). The Greenburgh Police working with a homicide assistant commenced an exhaustive investigation. In October 2006, suffi- cient evidence was developed to place this defendant in a lineup where he was positively identified by three Peña brothers and a civilian who was outside the store at the time of the crime. At trial, these witnesses again identified Andre Banks as the shooter and the jury returned guilty verdicts on all charges, the most serious being murder in the first degree. On Octo- ber 9, 2007, Andre Banks was sentenced to life without parole.

People v. Lisa Shipp - On October 12, 2006, at approximately 5:48 p.m., Legista Beckford was driving home from work in the center northbound lane of Sprain Brook Parkway when Lisa Shipp rear-ended his car. Beckford lost control of his car, struck the right curb and went careening across three lanes of traffic. Beckford then crashed through the trees on the side of the parkway, fell down a 25 foot drop and came to rest after crashing into another tree. Mr. Beckford was killed on impact. Shipp did not stop her vehicle and continued driving northbound. A Good Samaritan who witnessed the crash followed Shipp as she exited the parkway, turned around, reentered the parkway heading southbound, exited in Greenburgh and made a number of u-turns and evasive actions on local streets. The Good Samaritan called the Greenburgh police to report the un- folding events. The police stopped Shipp’s car. Shipp failed numerous field sobriety tests and an open bottle of vodka was observed inside her vehicle. Shipp’s blood alcohol level was later revealed to be .24%, three times the legal limit for operating a vehicle in NYS. Shipp was sentenced in 2007 to 3 to 9 years in state prison on her guilty plea to the entire twelve count indictment including one count of manslaughter in the second degree.

People v. Waymon Darkins - On March 19, 2005, the body of Gustavo Hincapie, a salesman for a Queens door and window company, was found wrapped in plastic and dumped behind a Mavis Tire Store on North Avenue in New Rochelle. He was shot once in the head. After a wide ranging and comprehensive investigation that stretched into Brooklyn, Queens, and as far south as Georgia, detectives from the New Rochelle Police Department found that Darkins had set up and killed Mr. Hincapie to eliminate him as a witness and to cover up an identity theft case pending in Queens County. Darkins was on parole for a 1983 conviction for manslaughter in the first degree when he murdered Mr. Hincapie. Darkins was convicted after a jury trial and was sentenced in 2007 to life in state prison without parole for his conviction of murder in the first degree.

People v. Anne Trovato - On Sunday, May 14, 2006, Mother’s Day, Village of Ossining police officers responded to a Yates People v. Ann Marie Ciarcia - On September 18, Avenue house at the request of Michael Mery. Mr. Mery was 2006, at approximately 4:55 a.m., Ann Marie Ciar- concerned because his family had not heard from his sister, cia drove her minivan northbound on the Saw Mill Patricia Mery. Upon entering the house, the police made a River Parkway. In the car were Alexa Ciarcia, her gruesome discovery – the body of Patricia Mery, lying in a pool 15-year-old daughter, and Emily Cornish, the of blood. An autopsy revealed Ms. Mery had been severely daughter’s 16-year-old friend. Ciarcia and the girls beaten and stabbed multiple times in the neck and body. had spent the night at a club in Manhattan. Ciar- An investigation by the Ossining Police and an homicide assis- cia, who was drunk, exited and then re-entered the tant led to the arrest of Anne Trovato for the murder of her parkway, driving her car the wrong way in the mother, Patricia Mery. The case was tried before a jury in Octo- southbound lanes. Within minutes, she crashed ber 2007. Evidence was presented linking the defendant to the head on into a car driven by Ed Cook, who was on crime, including her own statements to several individuals, her his way to work. elaborate cover up and false alibi, and forensic evidence that In this violent collision, Mr. Cook was seriously connected the defendant through mitochondrial DNA analysis to injured and Emily Cornish was killed. A blood test a hair found on a bloody knife recovered at the scene. As well, revealed Ciarcia’s blood alcohol content to a handwriting analysis showed a consistency between a note be .15%, almost twice the legal limit. left by the killer on Ms. Mery’s body and this defendant. The Ann Marie Ciarcia pled guilty to manslaughter in motive for this horrendous crime was an ongoing dispute over the second degree and vehicular assault in the Ms. Mery’s desire to have visitation rights with her grandchild, second degree, the top counts of the indictment, the defendant’s 3-year-old daughter. The defendant was sen- and was sentenced to 11/3 to 4 years in state tenced to 25 years to life in state prison. prison on March 30, 2007.

SEX CRIMES n 2007, the District Attorney’s Office obtained over 60 felony convictions for sex crimes, including cases involving the newly created crime of “sexually motivated felony” (Penal Law § 130.91). This new crime encompasses specified offenses, I including, but not limited to, assault, manslaughter, kidnapping, burglary and robbery, which are committed in whole or substantial part for the perpetrator’s own sexual gratification. Each of these cases is vigorously prosecuted in close collaboration with the victims, health care professionals, forensic scientists and the police, and in cases involving sexual assault of a child, Westchester’s Children’s Advocacy Center, to ensure that we maintain the highest integrity of evidence collection and carefully guide and support the victims through the criminal justice system. MEGAN’S LAW Central to the community’s protection from convicted sex offenders who are returned to live in our community is the District Attorney’s enforcement of New York’s Sex Offender Registration Act, more commonly known as “Megan’s Law”. In more than 60 cases, prosecutors aggressively argued that convicted sex offenders returning to our community should be registered and classified at the highest level possible under Megan’s Law classification system to ensure that residents have the ability to obtain comprehensive information about sex offenders living in their neighborhoods. In August 2007, Megan’s Law was amended to elevate the crime of failure to register as a sex offender or verify a home address to a felony offense, thereby paving the way for enhanced prosecution of sex offenders who fail to comply with the registration requirements.

INTERNET CRIMES AGAINST CHILDREN The Office’s High Technology Bureau regularly pursues sexual predators by investigating individuals who use the internet to lure child victims and to possess, buy, or distribute child pornography. In 2007, there was a significant change in the law relating to the dissemination of indecent materials to minors which directly impacted the Bureau’s on-line undercover operations. In 2006, an appellate court reversed the Westchester County conviction of Jeffrey Kozlow, an on-line sexual predator, holding that the crime of disseminating indecent material to minors in the first degree encompassed only sexual images and not con- versations or words alone. Kozlow had communicated by email with an undercover police officer who was posing as a 14- year-old boy. While Kozlow did not send any pornographic images to the “young boy”, he did describe various sexual acts he might have with him. The appellate court’s ruling negatively impacted this Office’s online undercover operation. However, on April 26, 2007, the Office’s Appeals Bureau succeeded in overturning that ruling and, as one of only approximately 50 criminal cases decided by the New York Court of Appeals, the State's highest court, Kozlow’s conviction was rein- stated. In a case of first impression, the Court of Appeals held that former Penal Law § 235.22 prohibiting the dissemination of indecent material to minors encompassed not only images but also words describing sex acts. In addition, as a result of the simultaneous efforts made by this Office in the legislative arena, the statute was amended, effective March 2007, to specifically include words as a method of conveying sexual conduct to a minor. Based on its success with both the legislative amendment and in the Court of Appeals, this Office resumed its active pursuit of predators who attempt to engage minors online for the purpose of sexual gratification. In addition, in 2007, the Office partnered with the NYS Internet Crimes Against Children Task Force (ICAC) and the Depart- ment of Justice’s Project Safe Childhood to arrest and prosecute defendants who buy or possess child pornography.

People v. William Davis - In the early afternoon of De- People v. Andre Pippens and Joseph Jordan - On No- cember 28, 2006, William Davis’ 12-year-old victim was vember 1, 2006, Joseph Jordan met his friend Andre Pip- walking home in Brooklyn when she lost her new cell pens in Getty Square in Yonkers. Pippens had just been phone. Telling the child he was a police officer, and driv- released from the Westchester County Jail. When Jordan ing a car with NYPD stickers, Davis, a convicted level 3 advised Pippens that his former girlfriend had begun a sex offender, was able to lure the child into his car. He relationship with a new man while Pippens was incarcer- then drove her to an Ardsley motel where he brutally ated, both men immediately went to her apartment, en- sexually assaulted her before returning her to Brooklyn. tered illegally, and assaulted her new boyfriend, forcing The District Attorney’s Child Abuse Bureau, the Ardsley him out of the apartment and trapping the woman inside. Police Department and the NYPD Brooklyn Child Abuse In the apartment, both men raped her and one of the men Squad worked together in the investigation and prosecu- wrapped a belt around her neck and pulled her around her tion of Davis. Davis was tried and convicted of kidnap- apartment. The Yonkers Police Department and the Dis- ping in the second degree, sexual abuse in the first de- trict Attorney’s Sex Crimes Bureau worked together in the gree, criminal impersonation in the first degree and other investigation and prosecution of both men. In November related crimes. Notably, Davis was the first defendant in 2007, Pippens and Jordan were tried by two juries, sitting the County to be convicted of the class A-II felonies of together. After a three week trial, each jury convicted a predatory sexual assault and predatory sexual assault defendant of numerous counts of rape in the first degree against a child, laws enacted in 2006. Because he was a and other sexual assault crimes. The defendants, reputed second child sexual assault felony offender Davis was members of the “Bloods”, received state prison sentences sentenced to 40 years to life in state prison. of 18 and 20 years, respectively.

VIOLENT FELONY SCREENING PROTOCOL n order to enhance the prosecution of violent crimes, the District Attorney established a Violent Felony Screening Protocol in 2007. Under the new protocol, the Deputy Division Chief in the Superior Court Trial Division is responsible to review all vio- I lent felony cases as soon as a defendant is charged in the local criminal court. This review by a veteran trial assistant allows for an immediate assessment of legal and factual issues warranting further action by the police or an assistant district attorney to enhance the case. Persistent felony offenders, who face life imprisonment because of three prior felony convictions, are immediately assigned to trial assistants in the Career Criminal Bureau for prosecution. Violent felony cases that require special attention, for example, the multiple jurisdiction burglaries involving multiple arresting police agencies or the robbery of an elderly victim, are assigned to trial assistants in the Major Case Bureau for vertical prosecution. Vertical prosecution, where one assistant prosecutes a case from beginning to end, ensures that the most experienced prosecutors handle the most serious cases from police arrest to final disposition. Vertical prosecution also provides victims with a continuity specifically designed to guide them through the formidable criminal justice system. 6

An example of the value of vertical prosecution is the Michael Castagnozzi case. On May 9, 2007, this defendant forcibly robbed an elderly couple in their Yonkers home. At the time, the husband was 91 years of age and the wife was 89. In the struggle with the assailant, the husband was knocked to the floor and sustained a compound fracture to his right shoulder blade. His health remained compromised for months by this injury. Excellent work by the Yonkers Police resulted in an arrest of Castagnozzi on May 10, 2007. By May 18, 2007, the case had been screened and a Trial assistant assigned to prosecute the matter vertically. To accommodate the victims, this assistant met with the victims at their home several times and was continu- ously available to answer any of their questions. The assistant presented the case to the Westchester Grand Jury, prepared the indictment, which was filed on June 19, 2007, handled all discovery issues, and on October 4, 2007, voir dired the defendant who pled guilty to the top count of robbery in the first degree. The defendant was sentenced to 10 years in state prison. Violent crime is certainly traumatic for any elderly victim, and a vertical prosecution provides specialized support and assistance at every stage of the criminal proceedings to our most vulnerable victims.

People v. Lance Stephens - On October 25, 2006, Stephens People v. Julio Velez - Velez, a persistent violent waited in the stairwell of an apartment building on North Tenth felony offender, was sentenced in 2007 to 21 Avenue in Mount Vernon as one of his victims entered her resi- years to life in state prison for his conviction of dence. As she was opening her apartment door Stephens, a vio- burglary in the second degree relating to a 2003 lent predicate felony offender, placed a knife to her throat and home invasion. demanded money. Stephens then pushed the victim into her On October 27, 2003 at approximately 9:30 a.m., apartment, grabbed her roommate and dragged them both into a the defendant, a career burglar, broke into a Cliff bedroom at knifepoint, threw them on the floor, ordered them not Avenue home in Yonkers and stole several pieces to look at him and threatened to “kill them.” Stephens then stole of jewelry. An eyewitness, who had observed several bracelets from one of the victim’s arms, stole additional Velez on the porch of the house, came forward to jewelry from a jewelry box, took a wallet and then ran out of the police when the victims returned home only to apartment. discover that they had been burglarized. Yonkers Responding to a 911 call from the victims, the Mount Vernon po- police lifted a fingerprint from the crime scene and lice arrested Stephens a few blocks away, after an extended foot ran it through SAFIS (Statewide Automated Fin- pursuit, during which two officers were injured. Police also found gerprint Identification System). It was matched to jewelry and wallet in the path of the foot pursuit. Velez when he began serving a 20 year to life sentence for recent trial conviction of another bur- Stephens pled guilty to the top count of burglary in the first degree glary of a Yonkers home. The same trial assistant and sentenced to 10 years in state prison. The case was vertically of the Career Criminal Bureau vertically handled prosecuted by the Career Criminal Bureau. both cases. CODIS he most significant advancement in law enforcement is the refinement and application of DNA analysis. DNA is one of the most powerful and reliable evidentiary resources for the just conviction of the guilty and the exoneration of the innocent. T The federal COmbined DNA Index System (CODIS), a national DNA database which maintains DNA profiles from convicted defendants, greatly enhances law enforcement’s ability to solve crimes which otherwise would have never been solved. DCJS maintains the New York DNA databank, which is comprised of data generated from DNA testing conducted pursuant to national standards by accredited state laboratories. Evidence collected from crime scenes throughout the County is brought to the Westchester County Laboratory for testing and in the event a DNA profile is developed, the Lab uploads the DNA profile to CODIS. When a match or “hit” is made, the Lab notifies the Office’s CODIS administrator, an assistant in the Trial Division. The case is then assigned to a trial assistant to coordinate for prosecution. In 2007, our Office received Laboratory notification of 46 CODIS hits, 25 attributed to burglaries committed in Westchester. One hit in 2007 was for a 1983 cold case homicide (an indictment was filed in 2008). This is more than a 100% increase over the 22 CODIS hits received in 2006. The increase in the number of CODIS hits experienced by our Office in 2007 is directly attributable to legislation which requires all defendants convicted of Penal Law felonies and certain enumerated misdemeanors to provide a DNA sample after conviction. In response to the absence of statutory guidelines for the collection of DNA samples, our Office took the initiative to develop a preemptive strategy to ensure that every defendant who is convicted of a designated crime is at some point during the prosecution of his or her case captured for collection. Working in close collaboration with the WCDOP and the County Depart- ment of Correction (WCDOC), we have designed a model plan for local collection of DNA, which includes guidelines for collection to ensure compliance with statutory mandates. The guidelines and procedures we have developed are intended to ensure that to the fullest extent possible DNA is collected from every defendant who is convicted of a statutorily designated crime, including those who because they are not sentenced to probation or incarceration may attempt to evade submission of a DNA sample. As to this latter category of defendants, the Office has met with judges and court clerks from the 42 Westchester 7

County local courts, along with representatives of all local police departments, and in collaboration with these agencies, has established a County-wide DNA local court collection system. Under this system, the local court will mandate, and the local police agency will collect, DNA samples from all designated defendants immediately after their local court sentence. Our system has been used as a model for the state. As a result of these collaborative effects, every month of 2007, the Westchester County District Attorney’s Office proudly held the distinction of having the highest and most successful DNA collection rate of all District Attorney’s Offices in the State which participate in “Operation Impact”, a DCJS sponsored multi-agency initiative to reduce violent crime. In total during 2007, DNA samples from over 2,200 defendants were successfully collected in Westchester County and added to CODIS.

People v. Troy Cartwright - In 1993, Troy Cartwright People v. Curtis Palmer - On February 27, 2003, Cur- stabbed Deborah Cobb, an acquaintance, in her Warburton tis Palmer forcibly broke into an apartment in Mount Avenue, Yonkers apartment over thirty times and sliced her Vernon and stole a VCR from the home. Mount Vernon throat. Cartwright fled the state and was convicted in Vir- police officers collected samples of blood stains from a ginia shortly after the Yonkers murder on unrelated charges. window frame and from a typewriter in the bedroom. It Because of his Virginia conviction, his DNA profile was in is not unusual for burglars to cut themselves on broken CODIS through the Virginia DNA database. glass during a forcible entry. The blood samples were This fourteen-year-old homicide was solved by tenacious brought to the Lab and a DNA profile was developed police work by the Yonkers Police, including a re- and uploaded to CODIS. examination of the evidence collected at the crime scene Shortly thereafter the Lab notified our Office of a CODIS and, upon a CODIS hit, after DNA analysis by the West- hit. A court ordered buccal swab taken from the defen- chester County Forensics Lab of blood evidence found at dant’s mouth confirmed his DNA matched the evidence the scene. Our Office indicted then extradited Cartwright to at the scene. Westchester and convicted him of the murder of Ms. Cobb after a jury trial. In 2007, Cartwright was sentenced to 22 After a jury trial, Palmer was convicted of burglary in the years to life in state prison for his conviction of murder in the second degree and on November 29, 2007, was sentenced to 8 years in state prison. second degree.

THE JEFFREY DESKOVIC /STEVEN CUNNINGHAM CASES As we have learned, DNA is not only a useful tool in the successful prosecutions of criminal offenders and the punishment of the guilty, it is also an invaluable means by which to ensure no person is wrongfully convicted of a crime he or she did not commit. Our Office in collaboration with the Westchester County Laboratory proactively and affirmatively uses CODIS to submit DNA profiles in old cases where a defendant has been convicted and where unidentified DNA evidence still exists. The protocol is to submit a newly developed DNA profile to CODIS as if the case was being prosecuted today. One such cold case review led to the true identity of the murderer for a crime for which an innocent man was wrongly convicted in 1990. On a Wednesday afternoon, November 15, 1989, after attending classes at Peekskill High School, a 15-year-old female student went into a wooded area near the Hill Crest Elementary School to take nature photographs. On Friday, November 17, 1989, her body was discovered by the Peekskill Police, who searched the area after a missing person report was filed by her family. The victim had been raped and battered; she had sustained severe blunt force trauma to her head; and she had been strangled. Jeffrey Deskovic, a 16-year-old classmate of the victim’s, was tried and convicted of her murder in 1990 even though the evidence at trial was unrefuted that the DNA profile developed from the semen found on the victim’s body excluded Deskovic. Sixteen years later, in 2006, my Office requested re-examination of the DNA evidence by the Westchester County Forensic Lab under a cold case review. Fortunately, the lab had maintained the forensic evidence from the homicide. A DNA tech- nique (Short Tandem Repeat or “STR”), which was not available in 1989, was utilized to develop a new DNA profile from swabs taken from the victim’s body. The DNA profile was uploaded to CODIS and a match was made to Steven Cunningham, a man serving 20 years to life for the 1993 Peekskill murder of his girlfriend’s sister. When these CODIS results were obtained, my Office immediately moved for the release of Jeffrey Deskovic from prison. On the People’s motion, the indictment against him was dismissed. On March 14, 2007, Steven Cunningham pleaded guilty to murder in the second degree and admitted to fracturing the victim’s skull and strangling her during a rape. On May 2, 2007, Cunningham was sentenced to 20 years to life, to be served consecutively to the sentence he was already serving.

Without the CODIS database, this horrific murder would never have been solved, an innocent man would have remained incarcerated, and a killer would have escaped justice. In keeping with this administration’s commitment to the improvement of the criminal justice system, the District Attorney sought an independent review of the circumstances and events that led to the prosecution of Jeffrey Deskovic. The District Attorney convened an independent panel of experts comprised of retired Judges Leslie Crocker Snyder and Peter J. McQuillan, former Richmond County District Attorney William L. Murphy, and Richard Joselson, Supervising Attorney of the Criminal Appeals Bureau of the Legal Aid Society of New York City, to conduct the in- quiry and made available all materials and resources necessary for a complete and thorough review. The final report, which evaluated the performance of the police, prosecutors, the court and defense counsel, was made public on July 2, 2007 and is available on our Office’s website. THE SECOND LOOK PROJECT During 2007, my Office continued its work on the Second Look Project, which I commenced following the events surrounding the Deskovic case. Two trial assistants have been designated to review case files of murder convictions obtained prior to 2000, the year when STR DNA testing was the norm in forensic analysis in our cases. The purpose of the review is to determine whether the DNA technology available today may be meaningfully employed in any particular case. The task is an arduous one; however, the goal of ensuring that there is no question as to the validity of each and every conviction is paramount. GANG VIOLENCE/FIREARMS/NARCOTICS FIREARMS OFFENSES Developed in direct response to the troubling increase in gun-related crimes in Westchester County, the Office’s Gang Violence and Firearms Bureau actively coordinates investigations and the dissemination of information across jurisdictional lines relating to gun possession and gun violence. In its newly formed partnership with the Federal Bureau of Alcohol Tobacco and Firearms (BATF), the Bureau tracks the origin of illegal handguns recovered in Westchester County. In conjunction with the Westchester County Department of Public Safety’s (WCDPS) Ballistics Unit and the BATF, the Bureau also works to solve seemingly unrelated gun crimes by linking shell casings recovered at crime scenes with guns involved in other incidents throughout Westchester County. In 2007, these concerted efforts led to apprehension and prosecution of well over 200 individuals for firearms related offenses in Westchester County. Increased prosecution and law enforcement efforts, combined with the District Attorney’s intensive efforts to heighten public awareness of the increased severity associated with handgun possession outside of the home or place of business had led to a significant drop in the number of weapons recovered in Westchester County; the number of weapons recovered dropped 25% from 2006 (339) to 2007 (252). OPERATION IMPACT In July 2007, the District Attorney’s Office entered into its fourth year of participation in the “Operation IMPACT” program, a DCJS sponsored multi-agency initiative whose goal is to reduce violent crime. The success of the first two years of Operation IMPACT resulted in the expansion of the program from its original member jurisdiction of Yonkers to Mount Vernon and, by the third year, to White Plains, Greenburgh, and New Rochelle. The fourth year of the IMPACT program saw the implementation of weekly meetings of field intelligence officers held at the District Attorney’s Office. Representatives from each member agency, together with representatives from the NYS Depart- ments of Parole, WCDOP and WCDOC, the County and State Police, and federal law enforcement agencies met to review notable incident reports and share information obtained by the member agencies during the preceding week. This sharing of information has been instrumental in the identification and location of gang members and the prosecution of both violent and non-violent crime within the member jurisdictions and elsewhere.

In addition to the “Ceasefire” initiative, which is highlighted below, other collaborative efforts conducted in 2007 under the aus- pices of IMPACT 4 included coordinated warrant sweeps in Yonkers and Mount Vernon, which resulted in the arrest of 66 of the most notorious and violent felons wanted on warrants in those cities, as ranked by the respective police departments. Also in 2007, and into 2008, the member police agencies and our Office worked closely with the Department of Parole and WCDOP in monitoring the more violent felons under post-release supervision. Vigilant and proactive monitoring significantly increased the detection of violations of probation or parole committed by some of the more troublesome repeat offenders. In addition, cooperation with the federal Department of Homeland Security resulted in the identification, arrest, and deportation of 16 Yonkers gang members in 2007. Traditional undercover narcotics investigations conducted in Yonkers and Mount Vernon during IMPACT 4 led to the arrest of 44 drug dealers during the course of two drug sweeps. The Mount Vernon and NYS Police Departments have continued their partnership in Blue/Grey patrols for the purpose of expanding uniform presence in high incidence areas. Greenburgh and White Plains have adopted a similar approach to increase a uniformed presence in high crime areas near their jurisdictional borders. All arrests generated from Operation IMPACT are monitored by the District Attorney’s staff. In the advent of the establishment of the field intelligence officers network, the opening of the INTEL center (discussed below) and the increased opportunities for statistical crime analysis, the current focus of IMPACT 4, leading into IMPACT 5, is to identify the type and location of the most pressing crime problems in each jurisdiction and to tailor an effective strategy to combat that problem. For instance, based upon an analysis of current statistics involving shots fired, one Police Department has discovered a high rate of occurrence of “shots fired” in the immediate proximity of various nightclubs during hours of operation. As a result, this police department is formulating an enforcement plan, which will include participation from other city and state agencies, directed toward the nightclubs. We anticipate that similarly targeted enforcement plans will be created in other member jurisdictions. OPERATION CEASEFIRE n 2007, the District Attorney’s Office and its law enforcement partners undertook a cutting-edge initiative to address violent crime and gang activity within targeted jurisdictions. This initiative, developed by Professor David Kennedy from John Jay I College of Criminal Justice and employed successfully in cities throughout the country, including Boston and Oakland, is known as “Operation Ceasefire”. By partnering with local, state and federal law enforcement agencies, and members of community and social services, the goal of Operation Ceasefire is to utilize peer pressure and group dynamics to quell instances of violent crime. Based upon the number of reported violent crimes, Yonkers and Mount Vernon were identified as the two jurisdictions best suited for this initiative. Through extensive field work and a thorough review of past incidents of violence, individuals are identified based upon their connection to the groups committing these acts of violence. Members of these groups who are on probation or parole attend a “call-in” at which representatives from various law enforcement agencies, the community, and social service organizations let probationers and parolees know they will be held accountable for their actions. These individuals are educated regarding the impact their actions have on their community and are asked to spread the word among their associates and make it known that the violence in their neighborhoods must stop. The probationers and parolees who attend are also offered opportunities, through social service groups, to change their lives and extricate themselves from the violent criminal groups with whom they are associated. In order to get the message on the streets before the summer months when there is usually a marked increase in violent crime, “call-ins” were held during May and June of 2007. In a show of unity designed to underscore the gravity of the message being delivered, representatives from local, state and federal law enforcement agencies attended the “call-ins”, including the District Attorney’s Office, the Yonkers, Mount Vernon, Greenburgh, New Rochelle, White Plains, and Peekskill Police De- partments, WCDPS, the NYS Police, the FBI, the United States Marshall’s Service, United States Immigration and Customs Enforcement, WCDOP, WCDOC, the NYS Department of Parole, and the Society for the Prevention of Cruelty to Animals. In addition to the Yonkers “call-in”, the Yonkers Police Department and Westhab have been working with 19 of the 26 individuals who, after attending, made a potentially life-saving decision to avail themselves of the social services provided at the meeting, including career training and housing. Operation Ceasefire, in conjunction with other initiatives undertaken by our Office and its partners in law enforcement, has had an impact on the reduction of violent crime in Westchester County. Just as criminals do not recognize jurisdictional boundaries, the efforts of law enforcement cannot stop at the borders. The positive effects of collaborative initiatives such as Operation IMPACT and Ceasefire extend beyond the borders of Yonkers and Mount Vernon and benefit all residents of West- chester County.

Statistics generated by DCJS indicate that the total Violent Crime Reduction number of violent crimes committed with a firearm in Violent Crime Reduction Westchester Impact the Westchester County “IMPACT” jurisdictions Westchester Impact Police Police Agencies - dropped 24% from 2006 to 2007. Again, this marked Agencies 2007 Robberies 2007 drop in violent crime can be attributed to increased prosecution and law enforcement initiatives, as well increased public awareness regarding the severity of penalties associated with illegal handgun possession. GANG RELATED OFFENSES -12% -26% WC In 2007, the Office prosecuted approximately 150 WC individuals for gang related offenses. Notable among -10% -5% these cases are: NYS NYS

People v. Rodney Postell - Rodney Postell, a gang member of the Manhattan Avenue Bloods in Greenburgh, was prosecuted and convicted in the shooting of Quentin Pollard. Postell brazenly and wildly fired his gun on a residential street in the early evening hours, striking his intended target, Pollard, and nearly striking at least one of eight family members inside a nearby house. One of Postell’s bullets struck Pollard in the leg, causing him to collapse on the sidewalk; another bullet shattered the window of a house behind the victim, traveled through the living room past two children and their grand- mother, and lodged itself in the kitchen wall, nearly striking the children’s mother and great-uncle, who were in the kitchen at the time. Postell was convicted, after trial, of assault in the first degree and reckless endangerment in the first degree, and was sentenced to serve consecutive terms of imprisonment of 25 years and 3 ½ to 7 years, respectively.

People v. Maurice Frazier - Frazier was also a People v. Jarrod Zanfordino - In February 2006, Zanfordino, member of the Manhattan Avenue Bloods in a member of the Mount Vernon Bloods, was arrested after he Greenburgh. In November of 2006, Frazier led was found in possession of a loaded Beretta handgun stolen police officers from four northern Westchester out of Virginia. As the result of a collaborative investigation jurisdictions, including Briarcliff Manor, Ossining conducted by the District Attorney’s Office, the Mount Vernon Village, Ossining Town and New Castle, on a high Police and the WCDPS Ballistics Unit, it was determined that speed car chase up Route 9 in New Castle. Fail- the gun recovered from Zanfordino had been used in 11 ing to negotiate a turn, Frazier crashed his car and shootings and/or “shots fired” incidents in Mount Vernon. In fled into the woods off of Stormytown Road. Dur- May 2006, Zanfordino was indicted on three of the eleven ing the ensuing foot chase, a police officer from incidents. In January 2007, following completion of pre-trial Ossining Village was physically injured, having hearings, Zanfordino pled guilty to the top count of attempted broken his ankle in several locations. In Novem- murder in the second degree, as well as assault in the first ber 2007, Frazier was convicted upon his plea of degree and criminal possession of a weapon in the second guilty of assault in the second degree and sen- degree, and was sentenced to 15 years in state prison. tenced to 3 ½ in years in state prison.

People v. Jerren Moody - In January 2007, Mount Vernon Police officers responded to the Calabash Bar, where they found ballistic evidence of a shootout involving the use of a shotgun and handgun. However, no witnesses were discovered and no arrests were made. The following month, Mount Vernon field intelligence officers learned that Jerren Moody, a leader of the Heights Crew, a “Bloods” street gang set, with a long criminal history, had been involved in the Calabash shootout. Search warrants were obtained and Moody was arrested. A cooperating witness, who at first withdrew his cooperation but was later convinced to go forward, identified Moody as having fired a shotgun at him. In December 2007, Moody pled guilty to reckless endangerment in the second degree and was turned over to the U.S. Immigration and Cus- toms Enforcement branch of the Department of Homeland Security (ICE) for deportation proceedings. In addition to being a model of cooperative law enforcement between local, state and federal authorities, this case delivered a blow to the “stop snitching” code on the streets of Westchester County when the witness eventually cooperated with the prosecution.

People v. Jose Rodriguez - In July 2005, a collaborative investigation was launched by the District Attorney’s Office, the Mount Vernon Police, NYS Police with the assistance of the BATF, into the narcotics and gun trafficking activities of Jose Rodriquez, a Latin King gang associate, in Mount Vernon. The investigation uncovered not only that Rodriguez was trans- porting guns into Westchester County from Virginia, but during the investigation, Rodriguez sold cocaine to an undercover officer from NYS Police. In April 2006, Rodriguez was arrested after he returned to NYS from Virginia with a defaced 9 mm. handgun, two magazines for a MAC 11 semi-auto pistol, two boxes of .45 caliber cartridges and one box of .357 caliber cartridges. Search warrants were executed for Rodriguez’ residence and vehicles, which led to the recovery of a sawed-off shotgun, a .40 caliber handgun, a bullet proof vest, and “Dremel” tool (used for grinding off serial numbers). Rodriguez was convicted, upon his plea of guilty, of criminal possession of a controlled substance in the third degree and criminal possession of a weapon in the third degree. On February 2, 2007, he was sentenced to 8 ½ years in state prison.

NARCOTICS ENFORCEMENT In 2007, the Office’s Narcotics Bureau continued its focus on investigating and prosecuting drug dealers who possess firearms, as well as a significant number of gang related drug cases, both of which exemplify the violent nature of the drug business. Noteworthy among the Bureau’s initiatives in 2007 was its central role in an extensive undercover operation in Yonkers which resulted in the apprehension of 40 drug dealers. In addition, the Office, working in close collaboration with the federal Drug Enforcement Administration and the NYS Police, was successful in dismantling a major crystal meth manufac- turing lab operating in Northern Westchester. As a result of the Office’s concerted effort to foster inter-agency cooperation and minimize duplicative investigative efforts by the federal, state and local agencies, we were able to secure the convictions of over 400 individuals on drug related felonies. In addition, through the Bureau’s Asset Forfeiture Unit, more than one-half million dollars in drug money was forfeited to the government to be used to further future investigative efforts to reduce crime. In keeping with the District Attorney’s commitment to reduce crime through prevention and outreach efforts, our Office sup- ports alternatives to incarceration for those non-violent drug addicted offenders who are in need of treatment in order to break the cycle of incarceration due to addiction. Accordingly, in 2007, the Office continued its active participation, support and commitment to the Road to Recovery/Interim Probation Programs and Drug Treatment Court. In 2007, over 50 defendants participated in these treatment programs at the superior court level.

People v. Jesus Gonzalez - Gonzalez was a drug dealer who operated out of his home in Port Chester. Investiga- tors from our Office, the Port Chester and Greenburgh Police Departments, and NYS Police executed a search warrant on the Gonzalez’ home and recovered an Uzi, a .25 caliber gun, $24,000 in cash, and drug records detailing an extensive narcotics business based in Southern Westchester. On May 8, 2007, Gonzalez pled guilty to the top count of criminal sale of a controlled substance in the third degree and was sentenced to 4 years in state prison.

Drug Treatment Courts: Local Court In 2007, local drug treatment courts were operating in the City Courts of Yonkers, New Rochelle, Mt. Vernon, White Plains and Peekskill, and the Town Court of Greenburgh. These courts provide an alternative to incarceration for defendants convicted of drug or drug related misdemeanor charges by offering participants counseling, education and treatment. Throughout the six local drug courts, assistant district attorneys serve as an important member of the “drug court team” which monitors the progress of defendants through the rehabilitation process. Upon successful completion of the program, provided the initial charge was a misdemeanor, our Office will move for the court to dis- miss the charges. Where the initial charge was a felony, the defendant, upon successful completion of the drug court program, may obtain a reduced misdemeanor plea offer with a sentence of a conditional discharge or a term of probation. The defendant and his attorney are advised by the court of the proposed disposition of his or her case prior to entering the program. From January 1 – December 31, 2007, 236 new applicants were screened for participation in the drug court programs, of which 106 were accepted. In total, during 2007, more than 250 defendants participated in local drug treatment court programs, and 91 defendants successfully graduated.

DOMESTIC VIOLENCE, CHILD ABUSE AND ELDER ABUSE When violence hits families, the District Attorney’s Office, working in collaboration with local law enforcement and Child Protec- tive Services (CPS), responds immediately with a team of specialized prosecutors and trained aides. Crimes against spouses and other intimate partners, children and the elderly continue to be reported at high numbers throughout the County. In 2007, the District Attorney’s Office reviewed over 8,000 such reports, thousands of which were eventually prosecuted by this Office. These cases, which involve the most vulnerable of victims, are vertically prosecuted by assistant district attorneys who special- ize in domestic violence and abuse. Because the vast majority of the more than 2600 domestic violence 2007 Domestic Violence Arrests cases filed in 2007 in Westchester County courts occurred in Yonkers and Mount Vernon, the Office has reorganized its staff and assigned 1546 specialized prosecutors and aides to work directly in these communities. 547 551 In 2007, our Mount Vernon branch, like the Yonkers branch before it, established a specialized domestic violence team, whereby victims benefit from on-site interviews and referrals to services within their own communities. During 2007, 994 domestic violence cases were heard in Felony Charges Misdemeanors Violations Yonkers City Court and 374 in the City of Mount Vernon Court . The assignment of specialized domestic violence prosecutors to these Courts has improved our ability to effectively advocate for appropriate case dispositions and ensure that serious felonies receive prompt case assessment. In 2007, a total of 535 child abuse cases, ranging from misdemeanors to felony physical and sexual assaults of children, were filed in the criminal courts. In addition, seven suspicious deaths of children were investigated in 2007. One involved the brutal beating death of a one-year-old that led to the filing of an indictment against the child’s father. Two other deaths investigated proved to have resulted from natural causes. In cases of elder abuse, funding provided by the Violence Against Women Act supported a dedicated elder abuse team of a prosecutor and criminal investigator. The team meets with victims in their homes and thereby limit the stress and inconvenience to sometimes fragile and often homebound victims. In 2007, 141 elder abuse cases were handled by our Office as compared to 93 in 2006. People v. Robert Heller – Robert Heller and his wife were on their People v. Yolanda Blackwell - On October 12, 2006, way home from New York City when they took a wrong turn and Yolanda Blackwell, a pregnant mother of two, sub- ended up on the Tappan Zee Bridge. As they drove over the bridge merged her 23-month-old son 9 to 10 times in scald- Heller’s wife disclosed that she was planning to end their ing bath water because she was angry at the baby’s “tumultuous marriage.” Heller grabbed her by the neck and mouth, father. Yonkers police and Empress Ambulance re- cutting off her ability to breathe or speak, and said “you are not sponded to the 911 call and found the infant covered going to leave. Your daughter she is not going to see you again....” with third degree burns to his legs, feet, buttocks and The car crashed into the overpass in Tarrytown and, as his wife groin area. The child was transported to Jacobi Medi- attempted to run away, Heller caught her, threw her to the ground, cal Center in the Bronx where he spent approximately punched her in the face and slammed her head repeatedly into the five weeks in the intensive care unit and endured nu- pavement. With the attack still in progress, NYS Troopers, re- merous surgeries and skin grafts. Blackwell pled sponding to 911 calls from other motorists, arrived on the scene. guilty to the top count of assault in the first degree. The victim suffered severe head trauma and underwent weeks of On October 2, 2007, she received a sentence of 15 medical treatment and rehabilitation. On November 16, 2007, years in state prison. The court barred her from any Heller pled guilty to attempted murder in the second degree and contact with the child victim for 28 years. was sentenced to 8 years in state prison.

Bias Crime: People v. Alexander Mitchell, David Bendazu, Joel Lopez, Rodolfo Ponciano and Abraham Ghaly - In 2007, the Bias Unit of the Trial Division investigated 28 complaints of bias crimes. The most notable case was the prosecution of five defendants for the June 15, 2006 bias attack on 32-year-old Miguel Vega. Mr. Vega was set upon by this group of young men, a short distance from the victim’s Yonkers home. The assailants repeatedly stomped, kicked and punched Mr. Vega, causing severe head trauma that resulted in his death at Jacobi Medical Center on the next day. During the crime, Mr. Vega’s wallet and soda bottle were taken. The reason for this brutal attack -- according to defendant Mitchell’s own words, they wanted to “rob Mexicans.” In May 2007, the major actors, Mitchell and Bendazu both pled guilty to murder in the second degree and robbery in the first degree as a hate crime and were sentenced to 15 years to life in state prison. The remaining three defendants pled guilty to robbery in the first degree and were sentenced to state prison; Lopez to 5 years; Ponciano to 12 years; and Ghaly to 7 years. 13

PUBLIC CORRUPTION he Public Integrity Bureau was established with a mandate to conduct investigations of public corruption and corruption within the criminal justice system of Westchester County, including allegations of criminal behavior by public servants in T the performance of their official duties and by persons intimately involved in the working of the criminal justice system, including police officers, correction officers, special agents, court officers and clerks, prosecutors, attorneys, jurors and judges. The continued presence of the Bureau has evoked an air of trust and confidence among the public and an associated willingness to report all types of corruption in the public arena. Notably, we have also experienced an increased willingness on the part of police and other governmental agencies to approach the District Attorney's Office for assistance and cooperation in the area of public corruption and misconduct. These conditions have enabled the Office to embark upon serious, long-term investigations into public corruption, both independently and in conjunction with other agencies. The Bureau also investigates all shootings by police officers that occur in the County. When there is a fatal shooting, the Bu- reau will conduct an investigation in conjunction with the Office’s Homicide Bureau. These investigations are extremely complex and sensitive, and require the expenditure of considerable time and resources. In 2007, the Bureau opened 60 new investigations and continued ongoing investigations from earlier years. In 2007, these investigations resulted in the arrest and prosecution of 40 public officials and/or individuals involved in corruption within the court system.

People v. Shelly Rivera - Shelly Rivera, an attorney admitted to practice law in the State of New York, stole $550,000 in client funds from her aunt. Rivera traveled to Las Vegas and gambled away most of the stolen funds. On May 30, 2007, Rivera pled guilty to the sole count of grand larceny in the second degree. On July 11, 2007 she was sentenced to serve 1 to 3 years in state prison. A judgment and order of restitution in the amount of $550,000 was entered for the victim.

People v. Chase Caro - Chase Caro, an attorney admitted People v. Michael Gray and Timothy Connolly - This to practice law in the State of New York, stole $300,000 from case involved the investigation, arrest and conviction of two clients and an additional $480,000 from a third client. two Westchester County Correction Officers for their Caro was convicted, upon his pleas of guilty, of two separate roles in a narcotics distribution ring that operated in the counts of grand larceny in the second degree. Caro re- metropolitan area, primarily in Westchester and the ceived concurrent sentences of 3-9 years in state prison. Bronx. In June 2006, Connolly pled guilty to hindering Judgments and orders of restitution totaling $780,000 were prosecution in the second degree and criminal posses- entered for his victims. The District Attorney’s Office close sion of a controlled substance, and was sentenced to 5 working relationship with the Lawyer’s Fund for Client Pro- years probation. In March 2007, Gray pled guilty to tection facilitated payment by the Fund to these three victims attempted sale of a controlled substance in the third totaling $600,000 in 2007, with an additional $300,000 ex- degree and promoting prison contraband and was sen- pected to be paid in 2008. tenced to a year in jail. Both officers were fired from employment with the County.

People v. Kansas Gilleo – A full investigation conducted in 2007 led to the arrest and prosecution of Kansas Gilleo,

a former clerk in the City of Peekskill, for the theft of more than $10,000 in municipal receipts, including cash payments by city residents for water bills. In January 2008, Gilleo pled guilty to grand larceny in the third degree. She was sentenced to 5 years probation and has resigned her position with Peekskill.

People v. Ernest Anderton, Anthony Manzo and Denise Dunham - Three employees of the Yonkers Department of Public Works engaged in a criminal scheme to steal more than $20,000 in fraudulently claimed overtime pay. Following a full investigation in 2007, Anderton and Manzo pled guilty in January 2008 to official misconduct and were ordered to pay restitution totaling more than $40,000. Dunham was convicted following a jury trial of two counts of grand larceny in the third degree and seven counts of falsifying a business record, all felony offenses. All three defendants have since either resigned their positions or been fired.

CONSUMER FRAUD AND PROPERTY THEFT IDENTITY THEFT In 2007, the Office committed its High Technology Crimes Bureau and a squad of designated investigators to aggressively pursue and curb the rising tide of identity theft in Westchester County. Through its sophisticated analyses of computers, tele- communication systems, and dogged police work, the Office was able to charge dozens of identity thieves in 2007. Some highlights of the Office’s work include:

People v. Andre Hines, Jerry Diamond, Brandon Brown, Pierre Rene, Tyrone Lee, Carmen Vaz, Debra Fleary, Alicia Berry and Tara McQueen - In February 2007, the Office, working in collaboration with Mount Vernon, Greenburgh, Yonkers and NYC police departments, conducted an investigation into an identity theft ring working out of an apartment in Mount Vernon. Through various leads and surveillance work, investigators quickly learned that the apartment was the hub of an identity theft ring that targeted dozens of individuals and banking institutions from Westchester County to Long Island. The investigation culminated in a 45 count indictment against nine individuals, including four men - Hines, Diamond, Brown, and Rene - who operated the ring out of the Mount Vernon apartment and “recruited” five others to work for them. Two of these five, Tyrone Lee and Tara McQueen, were bank tellers who used customer information records to identify individuals with large bank accounts who might not suspect that their personal identification information had been compromised. Armed with this information, Hines used one of the victims’ identities to obtain credit for the purchase of a Porsche Cayenne. Two other defendants, Carmen Vaz, and Debra Fleary, who acted as “runners’, were given counterfeit credentials enabling them to as- sume the identity of female victims and withdraw cash from various accounts in banks located throughout southern West- chester and the New York City area. Fleary and her cousin, Berry, also used the counterfeit identifications to attempt to obtain consumer credit at a Sears department store. Multiple search warrants were executed in Mount Vernon and New York City, resulting in the seizure of tens of thousands of dollars worth of electronics equipment and other merchandise that were purchased using credit cards and cash obtained through use of the victims’ stolen identity. In September 2007, Vaz pled guilty to grand larceny in the third degree and was sentenced to 1-3 years in state prison. Fleary and Berry pled guilty to grand larceny in the fourth degree and were sentenced to 5 years probation. In October 2007, Hines, Diamond, Rene and Lee pled guilty to identity theft in the first degree and conspiracy in the fourth degree. Hines received a prison sentence of 2-6 years. Diamond received a prison sentence of 3-6 years. Rene and Lee were sentenced to 5 years probation. Brown pled guilty to criminal possession of stolen property in the fourth degree and was sentenced to 5 years probation. Additionally, several of the defendants have been prosecuted by the federal government and other District Attorney’s Offices.

CRIMES AGAINST REVENUE PROSECUTION UNIT - CARP While the vast majority of taxpayers voluntarily and honestly meet their tax obligations, those who do not and those who abuse and defraud the system deprive all residents of a fair tax system. The District Attorney’s CARP unit works proactively and in conjunction with the NYS Department of Taxation and Finance to investigate and prosecute those who violate tax laws, and to reclaim the lost revenue from those in noncompliance. CARP investigations focus on individuals, as well as entities, who fail to report income earned, under report income received, and evade payment of taxes collected on behalf of the State. In 2007, fourteen new tax investigations were opened. Tax cases prosecuted by the Office during 2007 include: an attorney who repeatedly failed to file personal tax returns; a former medical group employee who was responsible for collecting insurance co-payments and delivering the monies to the bank, but instead stole approximately $250,000 of the copayments and never reported this income on personal tax returns; and an electronics retail business corporation which was convicted of grand larceny in the third degree for failing to forward the appropriate amount of sales tax to the State. The Office’s CARP Unit was successful in reclaiming approximately $430,000 in lost tax revenue for the State both in actual cash and restitution judgment orders. BAIL JUMPING When a defendant, who has been released on bail or on his or her own recognizance, fails to appear in court as directed a bail jumping charge that can carry up to seven years in prison can and will be filed. The harsh reality of bailing jumping is that the longer a defendant remains a fugitive, the more difficult it becomes to prove the underlying criminal charges in the event he or she is ever apprehended. Witnesses may disappear or become uncooperative, or may be unavailable for a myriad of reasons, or their memories may simply fade. The District Attorney has continued her vigilance in filing bail jumping charges and seeking the forfeiture of the bail monies in those cases. In 2007, the District Attorney’s Office filed over 500 bail jumping charges, sending an uncompromising message to defendants who abscond from court proceedings that their disregard of the judicial process will not be tolerated. 15

WHITE COLLAR CRIME Cases involving complex economic activity, such as consumer fraud, corporate embezzlement, real estate scams, home repair fraud, economic crimes against the elderly, unemployment insurance fraud and tax crimes, necessarily require a certain amount of expertise, particularly in the area of analyzing complex business records. Accordingly, the Office maintains an Economic Crimes Bureau to investigate and prosecute these cases. In 2007, the Bureau prosecuted approximately 30 “white collar” defendants and recouped millions of dollars for the victims. People v. Rose and Mark Watt - Over a 3 1/2 year period, People v. Neil Norwood - For approximately 4 ½ years, Rose and Mark Watt, a mother and son, stole approximately Norwood, a local pharmacist in Tarrytown, filed numer- $387,000 from their mentally ill cousin after his mother died. ous fraudulent insurance claims with a number of pro- Rose Watt, who had a power of attorney and was the executrix viders including Medicaid, EPIC, CIGNA and Oxford of her aunt’s estate, stole cash that was left in a bank account Health Care. In response to a civilian complaint, this for the benefit of her cousin. In addition, she used money from Office and the NYS Attorney General’s Medicaid Fraud the account to pay personal expenses for herself and other Unit began an investigation, which uncovered fraudulent family members, including the purchase of two mobile trailers, transactions at two pharmacies, one in Tarrytown and a pizzeria business, as well as food, housing and daycare ex- another in Sleepy Hollow, both owned by Norwood. penses. Rose and Mark Watt together then proceeded to steal Norwood employed several tactics to perpetrate the the equity of their aunt’s house, which was mortgage free at fraud including the shorting of customer prescriptions, the time of her death. Rose Watt allowed the home to be sold engaging in phantom billing and improperly substituting to and mortgaged by Mark Watt, after which she, Mark Watt generic medications. His fraudulent transactions totaled and others shared in the mortgage proceeds. On November over 3 million dollars and put the pharmacies’ customers 21, 2007, both Rose and Mark Watt pled guilty to grand lar- at medical risk by providing them with less medication ceny in the second degree. They were subsequently sen- than prescribed by their physician. Norwood pled guilty tenced to 1-3 years in state prison and ordered to pay restitu- to the top counts of grand larceny in the first degree. tion to the victim. To date, the defendants have paid the victim On April 24, 2007, he was sentenced to 2-6 years in back $50,000 of the monies they stole and the court has or- state prison and ordered to pay $3,000,000 in restitu- dered them to surrender $20,000 in bail monies to be used as tion. additional restitution to the victim.

ORGANIZED CRIME/CRIMINAL ENTERPRISE/AUTO CRIMES The Organized Crime and Criminal Enterprise Bureau is comprised of two units: the Organized Crime and Criminal Enterprise Unit and the Auto Crimes Unit. While the primary focus of the Organized Crime and Criminal Enterprise Bureau are proactive criminal investigations, the Bureau also assists police agencies throughout Westchester County in investigating and solving crimes where there is a pattern of criminal activity evidencing a possible criminal enterprise directing the activity. In 2007, the Organized Crime Bureau filed charges against 235 defendants (204 of which were auto crime defendants), filed 12 indictments, obtained 50 felony convictions, and executed 60 search warrants. One of the most notable cases in 2007 was a year long joint investigation into a highly sophisticated $ 2,000,000 a week internet gambling ring. The Harrison Police Department, the DEA, and our Organized Crime Bureau worked together, employing every investigative tool available, including the use of over 20 wiretaps (including 3 electronic bugs implanted in vehicles), resulting in 21 individuals being arrested for their participation at every level of a sports bookmaking operation. Sixteen of these individuals have been charged with the felony of enterprise corruption and 14 have been convicted of felonies. Numerous search warrants were executed in connection with the takedown in New York, New Jersey, and Connecticut resulting in the seizure of nearly a million dollars and multiple handguns. AUTO THEFT In 2007, the Office’s “Auto Crime Unit”, which works in collaboration with WCDPS, was responsible for the prosecution of over 200 car thieves. The Unit employs a variety of innovative crime fighting initiatives and techniques to combat auto theft and has achieved a significant reduction in the number of auto thefts occurring in Westchester County. Some of the Unit’s programs include: Operation Cyclops and VIN-Etching.

• Operation Cyclops - Under the “Cyclops” initiative, members of the Auto Crimes Unit joined with state and local police agencies, including the NYS Police, the Yonkers and Mount Vernon Police Departments, to perform road patrols and static surveillance throughout the County in an effort to recover stolen vehicles. Using a “mobile license plate reader”, the police are able to instantly capture the image of a license plate and determine whether the plate belongs to a previously reported stolen vehicle. Using this technology, police are also able to ascertain whether a motor vehicle has a suspended registration, whether it is uninsured, and whether it is suspected of having been involved in a crime. In the first seven months of 2007, the Auto Crimes Unit conducted four "Cyclops operations", three in the southern part of the County and one in the northern part of the County. In total, over 20,000 license plates were scanned, 3 motor vehicles were identified as stolen and recovered, and 18 individuals were arrested. • VIN-Etching - The Auto Crime Unit also conducts free vehicle identification number (“VIN”) etching for the residents of Westchester County, in which the VIN is etched onto the vehicle’s window, making that vehicle far less attractive as a target to car thieves. Last year, the Office held three such events and assisted approximately 100 car owners. ENVIRONMENTAL CRIMES In 2007, the Office’s Environmental Crimes Bureau responded to a variety of emergencies that posed a public safety danger to the community, such as abandoned chemical sites, significant chemical spills, and abandoned drums suspected to con- tain hazardous materials. Throughout the year, assistants and our Offices’ investigators participated in and conducted specialized trainings designed to raise environmental awareness, assist the police in understanding the complexities of environmental investigations, and facilitate communications and interaction with other agencies involved in environmental protection. This Office also established the Environmental Crime Tips Hotline 866-667-6588 to allow residents to contact our Of- fice with information regarding any activity affecting the environment that may be illegal. Callers can choose to remain anonymous and all information offered remains confidential. NLICENSED PESTICIDE APPLICATORS/HOME IMPROVEMENT FRAUD STING - Working in conjunction with the County Consumer Protection Department, the WCDPS and the NYS Department of Environmental Conservation U (DEC), our Office organized an undercover sting operation in 2007 to pursue unlicensed home improvement contractors operating in Westchester County. The sting operation also targeted individuals who engage in pesticide application who are not licensed by Westchester County or the DEC, and thereby pose a threat to public and environmental safety by avoiding the strict application and notice requirements imposed by state and county guidelines. Operating from a house in Yorktown, a WCDPS detective, posing as a home owner, made several calls to contractors and landscapers who advertised in the Pennysaver and elsewhere, but who were not located in the County database of licensed contractors and pesticide applicators. A total of 18 individuals were arrested and prosecuted as a result of this sting, including 15 unlicensed home improvement contractors and 3 unlicensed pesticide applicators. ATER TASK FORCE INITIATIVE - The Environmental Crimes Bureau continues to work in collaboration with the Westchester County Department of Health (WCDOH) to test, monitor and survey waterways throughout the W County for any sources of pollution. Using portable testing devices, WCDOH provides the Office with invaluable background and baseline information regarding these bodies of water.

People v. James Dimopoulos and Bedford’s Best Inc. - The Bedford Diner, owned and operated by James Di- mopoulos and his company, diverted its septage to a storm drain that ran directly to wetlands adjacent to the Saw Mill River in violation of the Environmental Conservation Law. In addition, Dimopoulos offered a $1000 bribe to the NYC Department of Environmental Protection (NYCDEP) inspector who was investigating the septic discharge. The inspector refused the bribe and alerted the NYCDEP Department of Investigation. Believing that investigators were the inspector’s bosses, Dimopoulus offered them a bribe as well. This case was prosecuted by our Office in collaboration with the NYCDEP. On June 14, 2007, following a plea of guilty, Dimopoulos was convicted of giving unlawful gratuities, and his company, Bedford’s Best Inc., was convicted of introducing hazardous substances into the sewer system, a felony. Dimopoulos was sentenced to 3 years probation and his company was fined $7,500. In addition, the entire septic system has been renovated at the defendants’ expense.

PARTNERSHIPS AND COLLABORATIONS COUNTYSTAT, FIELD INTELLIGENCE OFFICERS, AND THE WESTCHESTER INTELLIGENCE CENTER During 2007, the District Attorney’s Office, together with other local law enforcement agencies, continued to build an infrastruc- ture – both human and technological – that this County has not seen before. As part of the Countystat Initiative, the District Attorney meets on a regular monthly basis with the chief police executives of the six police departments who patrol the jurisdictions responsible for 80% of Westchester’s crime (Yonkers, Mount Vernon, Greenburgh, White Plains, New Rochelle and WCDPS) to discuss current trends in criminal activity, analyze recent crime statistics, and develop new strategies for combating crime as a collaborative effort. The Office also meets weekly with field intelligence officers from the “Countystat” jurisdictions, the Westchester County Jail, WCDOP, the NYS Department of Parole and federal law enforcement to review all violent and gang related crimes. Informa- tion developed at these meetings underscores common problems that are driving countywide crime and allows for the development of joint strategies to challenge emerging crime trends head-on. Building on the Countystat Initiative, the District Attorney determined that a central clearinghouse was needed to enhance law enforcement efforts in Westchester County. Called the Westchester Intelligence Center, its principal mission will be to provide strategic solutions to prevent and solve crimes through the collection, analysis, and dissemination of intelligence from local, state and federal law enforcement agencies, including the federally funded HIDTA - High Intensity Drug Trafficking Area – program. While each of the County’s 43 police departments brings individual strengths to the communities they serve, criminal activity extends beyond individual localities and political boundaries, impacting neighboring communities. The Center will electronically connect the District Attorney’s Office with local, state and federal agencies, allowing the departments to share their critical information. By analyzing data received, the Intelligence Center will develop in-depth crime analyses, providing the District Attorney and senior police officials with information to understand Westchester’s crime trends and develop strategies to combat them. When fully operational the Intelligence Center will have access to millions of records that will be within reach of investigators within minutes, instead of days or weeks. During 2007, the District Attorney procured space for the Center in a County building in downtown White Plains, began construction and ordered the required computer hardware and software. WESTCHESTER COUNTY REENTRY TASK FORCE The successful reentry into society of formerly incarcerated individuals is a critical component of our efforts to prevent crime by lowering recidivism. In 2007, with the District Attorney as chair, the newly formed Westchester County Reentry Task Force began its work. The Task Force, a collaboration of state and local agencies, and the not-for-profit and faith-based communities, is committed to improving the reentry of released offenders into their communities. The goal of the Task Force, which conducts bi-monthly meetings, is to assist men and women who have recently been released from prison and are returning to live in Westchester County, by coordinating the delivery of appropriate supervision and services by different agencies in a way that overcomes gaps in services that may create barriers to successful reentry into the community. The preliminary results of the Task Force’s 2007 start-up year are promising. Of the 85 reentrants accepted into the program, nearly all were connected to substance abuse or mental health services by the Task Force. Overall, reentrants had lower rates of re-arrest and parole violation in 2007 than did other Westchester County parolees. MULTIDISCIPLINARY TEAM TO INVESTIGATE CHILD ABUSE AND THE CHILDREN’S ADVOCACY CENTER The District Attorney is committed to working as a team with the Department of Social Services (DSS), local police and the Westchester Children’s Advocacy Center (CAC) to investigate child abuse cases. During 2007, CPS services received approximately 6,000 reports of abuse and neglect. Each of these reports was reviewed by the Office to determine if any involved crimes against children and whether further police investigation was warranted. To enhance our multi-disciplinary investigation of these cases, the District Attorney and the County Executive led an effort by DSS, the CAC, the Chiefs and Commissioners of Westchester’s local police departments, mental health groups and victim advocacy organizations to create the necessary pro- tocols. In 2007, in recognition of Westchester’s development of best practices towards the growth of a Multidisciplinary Team, the Of- fice of Children and Family Services (OCFS) awarded a grant to our Office for a new child abuse position. This grant allowed our Office to hire an Investigations Information Coordinator who facilitates the sharing of information among law enforcement, DSS and the CAC. From September through December 2007, the Investigations Information Coordinator also facilitated 97 single multiagency interviews of child victims consistent with a multidisciplinary approach.

In 2007, we also began the process of obtaining national accreditation of the CAC. The Center functions as the hub of child abuse investigations. Members of the multi-disciplinary team conduct interviews in a safe, child-friendly environment and, when necessary, a forensic pediatrician physically examines the child. The CAC has the distinction of being recognized as one of eight New York Centers of Excellence by the Child Abuse Medical Providers Program. JOINT ENFORCEMENT TEAM - JET In November of 2001, the NYS Office of Temporary and Disability Assistance provided funding to Westchester County to establish a JET for the apprehension and prosecution of individuals guilty of the crime of non-support of a child. A District Attorney investigator and prosecutor work in tandem with the Office of Child Support Enforcement to identify persons who willfully fail to make child support payments. Since the program’s inception, 133 defendants have been prosecuted and $397,025 has been collected from delinquent parents. During 2007, 14 cases were prosecuted under this program and a total of $25,477 in arrears was collected. PROBLEM SOLVING COURTS AND SENTENCING ALTERNATIVES Crime is often driven by a myriad of social problems ranging from alcohol abuse to mental illness. Rather than adopt a one size fits all approach, the District Attorney works closely with the NYS Office of Court Administration, WCDOP, and other key community stakeholders in developing specialized courts and sentencing alternatives targeted at the root causes of criminal activity. These uniquely tailored approaches incorporate our crime prevention goals into our traditional prosecutorial role. INTEGRATED DOMESTIC VIOLENCE COURTS In Westchester, all felony cases involving domestic violence are prosecuted in the Integrated Domestic Violence Court, which also handles misdemeanors from New Rochelle and White Plains as well as other cities that have overlapping family court jurisdiction or pending matrimonial cases. In Yonkers, an additional Integrated Domestic Violence Court handles cases that involve both criminal misdemeanors and family offenses from that city. In both of these specialized courts one judge presides over all aspects of the family’s case, from custody and child support to criminal assaults. Prosecutors rely upon sentencing alternatives designed for the dynamics of domestic violence cases, such as batterer intervention programs. In 2007, the Integrated Domestic Violence Court in White Plains handled 334 cases. SEX OFFENSE COURT Launched in 2006, this court promotes best practices in the resolution of sex offenses by dedicating a team comprised of key stakeholders who have the knowledge and expertise required for prosecuting and managing convicted felony sex offenders who are returned to live in the community. Through this court, victims of sex offenses receive a wide array of services from organizations such as Victim Assistance Services, the Victim’s Justice Center of the District Attorney’s Office and the Mental Health Association. MENTAL HEALTH COURT The District Attorney has continued her commitment to the Westchester Mental Health Court, which now serves as a model for several other counties interested in duplicating the success had here in Westchester County. In this court, our Office works closely with WCDOP, DSS and the County Department of Mental Health (WCDOMH) to identify appropriate candi- dates for the court, facilitate the creation and implementation of individualized treatment plans for each defendant, and monitor compliance with the offender’s treatment. The court seeks to implement a meaningful response to the specific problems posed by defendants with mental illness in the criminal justice system. Only defendants accused of non-violent felonies are referred to the court. As a long-term goal, the partners in this court seek to meet both treatment needs and reduce recidivism by offenders with mental illness. In 2007, there was a 56% increase in cases referred to the court from 2006. MADD VICTIM IMPACT PROGRAM The District Attorney’s Office works closely with Mothers Against Drunk Driving, WCDOP and the WCDOMH to educate and illustrate the dangers of drunk driving to those who have been charged with driving while intoxicated in the Westchester County local courts. The MADD Victim Impact Program combines lectures, video presentations, and personal testimony to increase awareness of the potential consequences of drunk driving. During 2007, our Office mandated the participation of 2,567 defendants charged with driving while intoxicated, and related offenses, in this program.

TEST TO ELIMINATE SEXUAL TRANSMISSION - TEST PROGRAM High risk sexual behavior poses dangers to the community at large. Recognizing that individuals who engage in high risk sexual activity may become involved in the criminal justice system, the Office works with the Court and WCDOH to effectuate the TEST Program. In violation/misdemeanor cases in which defendants have been charged based on their involvement in certain high risk consensual sexual behavior, the Court, with our Offices’ consent, offers those defendants, through their defense counsel, the opportunity to benefit from a reduced court sentence in exchange for obtaining a voluntary, confidential rapid HIV test at a DOH Clinic. This rapid HIV testing method allows results and appropriate counseling to be given within minutes after the testing procedure. In 2007, over 75 individuals were referred by the Westchester County local courts for HIV testing pursuant to this program. CRIME PREVENTION AND INITIATIVES KEEPING CHILDREN SAFE Foremost among the District Attorney’s crime prevention measures remain her initiatives aimed at keeping children safe. From our ground-breaking work on the Child Fatality Review Team to our dozens of workshops and community forums aimed at curbing teen drinking and internet safety, the District Attorney is committed to keeping our most vulnerable residents protected. CHILD FATALITY REVIEW TEAM - CFRT In 2006, Westchester County became the fourth county in NYS to establish a state approved CFRT. The District Attorney’s Office is an integral member of this multidisciplinary effort that endeavors through the study of circumstances surrounding a child’s death to identify risks to the health and safety of children and prevent future child injuries and fatalities. Since its formation, the Team has examined all unexplained, unexpected or suspicious child deaths occurring within West- chester County. Pursuant to the Social Services Law, the Team has focused on child deaths reported to the NYS Central Reg- ister of Child Abuse and Maltreatment or which occurred while a child or their family was under DSS’ care and supervision. In 2007, an assistant district attorney and a deputy county attorney assumed the roles of co-coordinators for the Team and, in that capacity, have led collaborative reviews of nine child deaths. Some of the circumstances the Team reviewed included accidental deaths due to unsafe sleeping arrangements involving multiple persons in a bed or the presence of pillows such as semi-circular breast feeding pillows commonly referred to as a Boppy™, accidental choking on food, drowning in a bathtub, and a suffocation which occurred while a child was apparently playing in a twin-sized mat- tress cover. The Team also reviewed the homicide of a one-year-old infant who was brutally beaten by her father. For each fatality it reviewed, the Team prepared a detailed written report addressing the cause and circumstances of the child’s death and the services, if any, provided to the family by DSS. Since its inception, the Team has written 11 child fatality reports, each of which received State approval. As of 2007, Westchester County was the only CFRT in NYS writing its own reports rather than relying upon the State to perform this important function. OCFS has recognized Westchester County’s CFRT for writing outstanding reports and has used our Team’s reports as a model for child fatality teams in others counties. Going beyond the statutory mandate of writing child fatality reports for the State, the Team writes additional reports aimed at educating the public. In 2007, in conjunction with the District Attorney and the County Executive, the Team launched a widespread multi-media campaign to warn parents and caregivers about the risk of using mobile baby walkers. For years, pediatricians and child safety experts have been warn- ing parents not to use them, and yet they remain popular. An informative brochure and flyer, which can be downloaded from our website, outlines the hazards of walkers and offers some alternatives. This outreach campaign also educated the public about the problems involved when calling 911 from a cellular phone, including the fact that police might not be able to identify the location of the caller. The campaign encouraged calling 911 from land- lines and explained alternate methods of properly reporting emergencies when using cellular phones. Finally, the Team also released three independent reports for public consumption, highlighting the risk of suffocation to infants when sleeping in the same bed with multiple persons.

TRUANCY REDUCTION STRATEGY GROUP Understanding that a reduction in truancy corresponds to a reduction in juvenile delinquency and/or foster care placement, representatives from the District Attorney’s Office, Yonkers Police Department, DSS, WCDOP, Family Court and other community agencies met as a collaborative group at the Yonkers Board of Education. Together, these partners developed a truancy reduction strategy targeted at the youngest children attending Yonkers public schools. The new policy fostered early identification of absenteeism and aggressive reporting to social services. During the 2007-2008 academic year the program took flight and there has already been an almost 90% increase in reports of educational neglect in Yonkers. Identifying these at-risk children through this active cooperative effort has made it possible to offer the families of these children resources necessary to keep their children in school and on track with their education. MANDATED REPORTERS Involvement of CPS can be one of the most effective ways of preventing crimes against children. Therefore, our Office continued to work closely with our community partners on training for mandated reporters on how to detect and respond to child abuse and neglect. Our Office’s 2006/2007 prosecution of a mandated reporter for failing to report a case of suspected child abuse sent a resounding message to mandated reporters throughout the County regarding the critical importance of their role in protecting children. In 2005, before this prosecution, reports to CPS totaled 5,080 in Westchester. Following this prosecution, reports reached record numbers, totaling 5,939 in 2006, and 6,128 in 2007, a 21% increase since 2005. TEEN DATING VIOLENCE A study by the Journal of American Medicine found that as many as 20% of high school teens have been physically or sexually abused by someone they have dated1. To break the cycle of violence and keep our teens out of abusive relationships, our Of- fice, in conjunction with the NYS Office of Court Administration, commenced the planning of a youthful offender domestic violence court. Targeting teens who commit misdemeanor domestic violence crimes, the court will be located in the Yonkers City Court. Adolescent victims will receive immediate referrals and assistance from the District Attorney’s Office with special con- cern for their age and lack of life experience. TEEN DRINKING AND DRUG ABUSE The District Attorney’s Office takes the issue of teen drinking very seriously. Combating it, however, is more than just a law enforcement issue. As co-chair of the Westchester Coalition for Drug and Alcohol Free Youth, and a member of 16 local community coalitions, the District Attorney works with parents, students and school officials to better meet the challenge of preventing underage drinking and substance abuse among young people. In partnership with Student Assistance Services, the Office participates in “Teens, Drugs and the Law,” a series of parent workshops at which the District Attorney or an assistant district attorney, a student assistance services representative, a doctor, and a police officer discuss the social, medical and legal consequences of alcohol and drug use. Recognizing that one of the growing sources of drug abuse by children and teens is the family medicine cabinet, the Office presented “Parents: Today’s Unsuspecting Drug Dealers,” a workshop for parents of middle and high school students, in an effort to raise awareness of this danger. In 2007, the Office presented 23 such workshops, and the District Attorney participated in 8 public forums on teen drinking and drug abuse. These presentations reached approximately 1,500 parents and community members. Other tools have been enlisted to prevent underage alcohol use. In 2007, 2,500 age calculator placards, along with a device that detects driver license forgeries, were sent by our Office to all licensed stores that sell alcohol products in Westchester County to assist these establishments in insuring that only individuals 21 years old and over purchase alcohol. The placards also plainly let customers know that the law will be strictly enforced at this establishment. INTERNET SAFETY In an ongoing effort to protect children from becoming victims of internet predators, our Office has conducted internet safety workshops for parents and middle and high school students. Besides emphasizing the risks associated in posting personal information or images on social websites, our assistant district attorneys draw upon actual cases prosecuted by this Office to illustrate the dangers of online predators. Parents are educated about the sophistication and tactics of online predators in their efforts to contact children and young teens and urged to monitor their children’s online activity. In 2007, the District Attorney and assistant district attorneys made presentations to approximately 40 groups, reaching over 1400 children and parents on this important topic.

1Jay G. Silverman, “Dating Violence Against Adolescence Girls and Associated Substance Abuse, Unhealthy Weight Control, Sexual Risk Behavior, Pregnancy and Suicide,” Journal of the American Medical Association, August 2001. 21

PROSECUTORS IN WESTCHESTER SCHOOLS Our Office maintains an active presence in our community’s schools, with workshops and class discussions for elementary, middle and high school students. Besides addressing the typical physical, verbal and non-verbal behavior that constitutes bullying, our “Bullying Prevention” workshops for middle school students now focus on the latest permutation of this age-old problem, that of cyber-bullying. The sometimes violent real-life repercussions of on-line intimidation and harassment underscore the importance of this Office’s proactive efforts in this area. It is well recognized that cruelty to animals is a behavioral indicator of future violence. In a well-received pilot program initi- ated by the Office, four fifth grade classes, comprised of over 80 students, at Trinity Elementary School in New Rochelle were taught about animal cruelty. The anti-animal cruelty program was presented in four separate sessions by a multidisciplinary team consisting of an assistant district attorney, the Society for the Prevention of Cruelty to Animals, and a veterinar- ian. The District Attorney intends to expand this program to additional schools throughout the County. Assistant district attorneys take our PRO-LAW curriculum into high school classrooms, presenting scenarios involving date rape, internet crime, narcotics, and police searches, and engaging students in discussions of legal issues. Other assistants serve as mentors, training high school students for the City of Yonkers “Mock Trial Competition” and the Yorktown “Youth Court.” In 2007, our Office conducted 426 workshops, reaching approximately 8,800 children and teenagers on these important issues. DOMESTIC VIOLENCE LEGAL PARTNERS Established as a collaborative effort between the District Attorney’s Office and domestic violence agencies, this partnership continued to focus on integrating civil and criminal legal issues that impact domestic violence victims by conducting continuing legal education programs. Issues covered included fair housing and ethical dilemmas in the prosecution of a domestic violence case. In 2007, an important initiative that assists undocumented domestic violence victims involved the implementation of new U- Visa regulations. U-Visas allow victims of certain crimes including, rape, kidnapping and assault to receive authorization to work and live in the United States when they possess relevant information regarding these crimes and cooperate with the investigation or prosecution. With our partners at My Sister’s Place, Northern Westchester Shelter, the Empire Justice Cen- ter, and the Pace Women’s Justice Center, over 60 domestic violence victims received legal assistance in obtaining U-Visa certifications in 2007. These certifications allow domestic violence victims and their children the freedom to pursue legal immigration status in the United States separate and apart from their batterers. On another front, the District Attorney, Westchester County’s Office of Women, Manhattanville College and the Westchester County Chiefs of Police Association conducted training for the members of local police departments and other county and state law enforcement agencies on the recently enacted human trafficking law. This year’s annual conference, entitled “Police Response to Violence Against Women and Children,” focused on human trafficking and included a lecture by the Dis- trict Attorney’s Sex Crimes Bureau Chief on the role of police in sex offender management and Megan’s Law. Our partners continue to build inter-agency relationships to assist victims of human trafficking by providing services to victims that will support them through the process of a criminal prosecution. On a day-to-day level, the District Attorney’s domestic violence legal partners ensure that every domestic violence victim receives access to critical services. Over 2,600 domestic violence cases were handled by the Office in 2007, and in every case the Office reached out as quickly as possible to each victim to assess the case and conduct safety planning. Each victim receives information with links to our partners who provide legal services, counseling, housing and advocacy. PREVENTING GUN VIOLENCE As of November 1, 2006, anyone who illegally possesses a loaded handgun outside of his or her home or place of business faces a minimum of 3 ½ years in state prison. The District Attorney’s support of these tougher penalties is well known. As she has stated, “Illegal handguns are a catalyst for violence and death. The lives of far too many people for far too long have been damaged by gun violence. In elevating the penalty for carrying an illegal loaded handgun to a minimum of three and a half years, the message couldn’t be plainer: this behavior will not be tolerated and if you chose to disregard the law, you will be held strictly accountable.” In order to promote public awareness of the increased penalties, our Office engaged in an outreach campaign in 2007, focusing on at risk groups and communities to alert them to the new law and its penalties. Called “Easy Choice or Hard Time”, we distributed 10,000 posters and palm cards throughout Westchester County, assisted by police departments, youth bureaus, schools, community centers, churches and movie theatres. Additionally, inmates released from the Westchester County

Jail, and defendants placed on probation or parole, were alerted to the new law. To maximize exposure, posters were placed on over 300 Westchester BEE-LINE Buses and at select Metro-North Railroad train platforms (see cover photograph). Using the slogan, “Team up Against Violence,” a basketball tournament was organized as a vehicle for engaging young people in meaningful dialogue about gun violence. Starting with six local games, and culminating in a championship in May at the County Center, players were recruited from Ossining, Peekskill, White Plains, New Rochelle, Yonkers and Mount Vernon. With great pride and admiration for all participants, I attended the championship tournament when trophies were presented to the winning team of young players. ROAD TO RECOVERY DRUG TREATMENT PROGRAM The Road to Recovery (RtR) program provides long-term drug treatment to a defendant charged with a felony crime that is largely driven by his or her addiction. A participant pleads guilty to a felony, enters in-patient drug treatment for at least nine months, lives in a halfway house for at least three months and then has supervised living for at least three months. Upon successful completion, the defendant is permitted to withdraw his or her guilty plea to a felony, replace it with a guilty plea to a misdemeanor, and is sentenced to three years probation. A RtR consortium, consisting of individuals from the District Attorney’s Office, the Legal Aid Society, defense attorneys, Treat- ment Alternatives to Street Crime (TASC), other treatment providers, WCDOP, DSS, Supervising Judge of the Criminal Courts, Vocational and Educational Services for Individuals with Disabilities (VESID) and the Department of Parole, meets quarterly to discuss ways and means to improve the program. Consortium meetings were held on March 6, June 4, September 17, and December 10, 2007. Topics discussed included problems participants encountered at the treatment centers, with violations of their RtR contracts, and VESID (job training) enrollment, as well as provider problems with the application process for DSS funding. In response, the RtR consortium streamlined the application processes by establishing a direct liaison between the treatment providers and DSS or VESID. As a result of these inter-agency efforts, recidivism by drug defendants has decreased and participants have become produc- tive citizens through treatment without incarceration. LEGISLATIVE INITIATIVES In addition to submitting our own legislative initiatives to the NYS Legislature, our Office maintained an active voice in the Dis- trict Attorneys Association of the State of New York (DAASNY). The District Attorney designated several members of the Of- fice to serve as her representatives and actively participate on various prime and subcommittees of the DAASNY, including the influential Legislative Committee, which works to express the collective views of the membership on matters of policy and legislation to advance the interest of prosecution in NYS. • HUMAN TRAFFICKING In 2007, the District Attorney, as a member of the Legislative Committee of the DAASNY, was instrumental in fashioning what would become the State’s first human trafficking and labor exploitation law. Compelled by studies showing that over 2,500 children in NYS are exploited each year for purposes of commercial sexual activity, NYS, for the first time, enacted legislation, modeled after its federal counterpart, specifically penalizing sex trafficking and labor trafficking. In addition to punishing those who would intentionally advance or profit from prostitution by compelling or inducing their victims into prostitution, this legislation, effective as of November 1, 2007, provides a mechanism by which victims of human trafficking may receive assistance and services, and creates a task force to coordinate implementation of the new laws. In October 2007, in anticipation of the implementation of this statute, the District Attorney co-sponsored a County-wide law enforcement training program on human trafficking. • DISSEMINATION OF INDECENT MATERIAL TO MINORS Also in 2007, the Office played an integral role in the passage of legislation concerning sexual predators on the internet and a perceived gap in the law. In amending § 235.22 [1] of the Penal Law (“Disseminating indecent material to minors in the first degree”), the NYS Legislature codified legal arguments made by this Office to the Court of Appeals in People v. Jeffrey Kozlow, a 2006 case arising out of a sting operation conducted by this Office and involving the defendant’s on-line sexual entreaties to an investigator posing as a “14-year-old boy”. The new section, which went into effect on March 9, 2007, serves to finally clarify that the offense of disseminating indecent material to minors in the first degree includes not only the dissemination of offensive images, but any manner of depicting harmful accounts of nudity, sexual conduct or sadomasochistic abuse, including the use of words and other forms of written communication.

• CYNTHIA’S LAW In 2006, as part of an integrated response to what is known as “shaken baby syndrome”, which kills or seriously harms some 1,400 children a year, our Office was instrumental in the drafting and passage of “Cynthia’s Law”, which makes it a felony offense, entitled reckless assault of a child in the fourth degree, to cause injury – regardless of intent – by “shaking, slamming or throwing” a child under the age of 5. The District Attorney wishes to acknowledge that the adoption of this legislation was a direct result of the tireless efforts of Darryl Gibbs, who currently serves as a victim’s advocate with the District Attorney’s Office. Tragically, in 2000, Mr. Gibb’s 8-month-old daughter was killed by a licensed childcare provider who shook the infant so hard that she sustained massive brain damage. Mr. Gibbs, who is a retired corrections officer, chan- neled his grief into an impassioned campaign for the adoption of “Cynthia’s Law” and is currently pushing for corresponding federal legislation.

People v. William Capone - On March 17, 2007, William People v. Michel Enriquez - In the morning of De- Capone brought his two-month-old daughter to the pediatri- cember 26, 2006, the Harrison Police Department cian, complaining that she cries when she is placed on her responded to a call of an infant not breathing. The back. After observing bruises to the infant’s back, the doctor emergency first responders transported the 5-month- instructed Capone to bring the child to Maria Farieri Chil- old infant to the hospital, where medical experts, with dren’s Hospital, where medicals experts, in collaboration the assistance of the forensic pediatrician from the with the forensic pediatrician from the Children’s Advocacy Children’s Advocacy Center, determined that the in- Center, discovered multiple rib and skull fractures. The infant had sustained brain injuries consistent with fant’s twin brother was also examined by the forensic pedia- “shaken baby syndrome”. The police investigation trician from the Children’s Advocacy Center and found to determined that the infant was in the care of his 23- have multiple rib and skull fractures. The Eastchester Police year-old father, Michael Enriquez, who admitted to the and our Office’s Child Abuse Bureau began an investigation Harrison police detectives that he was tired from and charged the father with the assaults of both of his chil- working and became upset when his son would not dren. Capone was prosecuted under the newly enacted stop crying. Enriquez repeatedly shook his infant son “Cynthia’s Law” and, on December 12, 2007, pled guilty to and as a result the baby began to have difficulty the top count of the reckless assault of a child and the at- breathing. Enriquez was prosecuted under the newly tempted assault in the second degree and assault in the enacted “Cynthia’s Law.” On June 27, 2007, Enriquez third degree with respect to the female twin. The father is in pled guilty to reckless assault of a child (the top count a court ordered presentence treatment program. in the indictment) and is in a court ordered presentence treatment program.

WORKING WITH THE COMMUNITY LOCAL CRIMINAL COURTS In 1969, then District Attorney Carl A. Vergari set into motion a plan to bring the District Attorney’s Office out of White Plains and into the city, town and village courts of the County, by having assistant district attorneys prosecute local criminal court matters in those courts. Previously, private attorneys were contracted to prosecute in the local criminal courts. Mr. Vergari’s vision was to establish satellite branch offices around the geographical regions of Westchester so that the District Attorney’s Office could have a presence in the local communities throughout the County. By decentralizing the District Attorney’s Office, prosecutors assigned to the branch offices could provide on location training for local police departments, become familiar with trouble areas in each locality, and be readily available for consultation with community residents. Over a seven-year period (beginning with the opening of the Yonkers office in January 1971, and culminating with the opening of the Northern Westchester Mount Kisco office in November 1978), eight satellite offices were created to prosecute all criminal matters in the 42 local courts of Westchester County. The eight branch offices were located in Greenburgh, Mount Kisco, Mount Vernon, New Rochelle, Peekskill, Rye Brook, White Plains and Yonkers. In 2007, the Peekskill office was closed and a new branch office was opened in Yorktown. Thus, starting with the forward vision of one man, former District Attorney Carl Vergari, almost 40 years ago, the Local Criminal Court Division of the District Attorney’s Office has grown from 1 branch office in Yonkers, staffed by 3 assistant district attorneys, into a network of 8 branch offices, now staffed by 29 assistant district attorneys.

Almost all criminal cases prosecuted by our Office are initially handled by prosecutors in one of the eight branch offices. In 2007, 38,673 cases were prosecuted in the local city, town and village courts. Of this number, The City of Peekskill informed the District Attorney in 2006 that the of- 31,713 were misdemeanors and violations and fice space occupied in Peekskill would no longer be available in light of 5,554 were felonies. a request to the City of Peekskill by the NYS Office of Court Administra- tion for additional room to accom- Community service is at the heart of the profes- modate Peekskill City Court’s ex- sional work undertaken by the assistant district at- pansion plans. In 2007, the Peeks- torneys in the branch offices. In addition to the kill Branch Office relocated to York- work done by each assistant in the courtroom, they town Heights. The jurisdictions teach at local police training programs; provide le- covered by the new Yorktown gal advice to local police departments; assist in Branch Office did not change, con- programs for alcoholics, drug users and the men- tinuing to include Peekskill, the tally ill; and assist citizens in resolving complaints Towns of Cortlandt and Yorktown before any criminal charges are filed in court. As- and the Villages of Buchanan and sistants from our branch offices also routinely ad- Croton-on-Hudson. The branch handles over 3,000 cases each year dress community groups regarding violent crime, and currently staffs three Assistant District Attorneys and support staff. drug offenses, youth gangs, vandalism and other local crime issues. COMMUNITY OUTREACH Recognizing the evolving role of a prosecutor, the District Attorney’s Office is committed to reaching out to the Westchester County community to enhance our crime prevention and prosecution efforts. This Office seeks to work collaboratively, building partnerships with government agencies, police, not-for-profit agencies and the citizens of Westchester. In addition to the presentations discussed above, in 2007, the Office participated in the countywide National Night Out at Playland, offering a DWI simulator, the Operation Safe Child identification program, and crime prevention materials to over 250 people; addressed a wide range of audiences, including parent, business, neighborhood, senior citizen, religious, and veterans groups, on District Attorney Janet DiFiore, along with topics such as fraud prevention, bias crime, internet safety, and senior citizen WCDPS Commissioner Thomas Belfiore safety at 110 events in 39 communities; attended 17 fairs and festivals around the at Rye Playland as they observed the 24th County to distribute crime prevention materials and respond to any questions or annual "National Night Out" against crime. requests for assistance from the over 3,000 members of the public who attended these events. THE VICTIMS’ JUSTICE CENTER UNIT rime affects victims on many levels-physical, emotional, psychological and financial. The Victims’ Justice Center Unit seeks to help victims cope C with the effects of the crime perpetrated against them and navigate through the often confusing criminal justice system. The unit is a multilingual center that helps victims and their families cope with the emotional, physical and financial impact of crime. The unit provides a wide range of victim services, including: information and guidance regarding their rights and safety; assistance in obtaining reimbursement for lost income, funeral expenses, medical and psychological expenses and loss of essential personal property; court accompaniment; placement in shelters; advocacy and referrals to other agencies; multi-lingual interpreters; free counseling and therapy; crisis intervention; and assistance with Gisela Marin, mother of Jessica Santos, victim impact statements. The unit also informs victims of NYS’s VINE Program along with District Attorney Janet DiFiore (Victim Information and Notification Everyday) whereby victims can ascertain reacts to the conviction of Anthony Bur- prisoner status and release dates of convicted felony offenders in the custody of ton for manslaughter in the drive-by kill- the NYS prison system. During 2007, the staff of the Victims’ Justice Center Unit assisted approximately 5,680 residents who, through no fault of their own, were ing of her daughter in Yonkers. forced into the criminal justice system.

TRAINING AND EDUCATION LAW SCHOOL EXTERN PROGRAM Recognizing the importance of training and mentoring law students pursuing careers in the criminal justice field, on Febru- ary 27, 2007, the District Attorney’s Office obtained a practice order from the Appellate Division, Second Department, allowing law students, under the supervision of an assistant district attorney, to participate in court calendar parts, pretrial hearings and misdemeanor trials. Before participating in any court proceeding, all participants undergo an intensive training program at their law school and then shadow and observe the work of assistant district attorneys for several weeks. Last year, 18 honors externs participated in this program: 17 from Pace Law School and 1 from Brooklyn Law School. STUDENT INTERNS Having learned firsthand the importance and value of a robust internship program, the District Attorney’s Office continued to devote considerable time, energy and resources to the enhancement of the education of high school, undergraduate and law students. Through our internship programs, the Office opened the door to the field of criminal justice to 108 students, representing 18 law schools, 25 undergraduate colleges and universities, and 9 high schools from the Westchester area and around the world, who in turn provided the Office with approximately 21,120 hours of volunteer work. In Spring 2007, 7 law students, 8 undergraduates and 2 high school students participated in our internship program. Each law student and undergraduate worked at least 10 hours a week for the academic semester and each high school student worked a minimum of 50 hours. In Summer 2007, we had 34 law students, who worked full time for 8 weeks, 25 undergraduates, who worked part-time for 8 weeks, and 8 high school students, who worked a minimum of 50 hours. In Fall 2007, we had 21 law students and 3 undergraduates, each working at least 10 hours a week for the academic semester. ATTORNEY TRAINING All attorneys admitted to the NYS bar and practicing within the State of New York are required to continue their legal education by attending or teaching classes. An accredited provider of continuing legal education classes since March 29, 2002, this Office provided 26 quality programs in 2007. Lecturers included a Westchester County Court Judge, the Chief Counsel of the NYS Department of Motor Vehicles, and notable law professors and defense attorneys. The classes, organized primarily for the benefit of the members of the District Attorney’s Office, were made available by the District Attorney to attorneys from the County Attorney’s Office, the Legal Aid Society and the private bar as well. To address the special needs of our newly admitted attorneys, the District Attorney’s Office conducted trial advocacy programs involving a series of mock trials in which local police departments provided officers as witnesses so that the assistants and the police could both practice their trial skills. TRAINING OTHER AGENCIES The District Attorney knows that a well informed community and police force are the primary tools for preventing and successfully prosecuting crimes. In recognition of this fact, the District Attorney assigned several assistant district attorneys to meet with and train residents and police officers about important issues relevant to their concerns. ANIMAL CRUELTY/ANIMAL FIGHTING SEMINARS On May 15, 2007 and December 4, 2007, the District Attorney’s Office trained police at the Westchester County Police Academy on how to identify, investigate, and collect evidence in animal cruelty and animal fighting cases. An assistant district attorney and expert on animal fighting from The Humane Society lectured at these events. Aimed at recent police academy graduates, the seminars were attended by representatives from 43 police departments. METHAMPHETAMINE AND CLANDESTINE DRUG LABORATORY AWARENESS SEMINAR On April 10, 2007, at the Westchester County Center in White Plains, the District Attorney’s Office conducted a free training seminar that was attended by over 120 area law enforcement and emergency services personnel. Lecturers included Spe- cial Agents from the Federal Drug Enforcement Administration Clandestine Laboratory Enforcement Team and the chief of this Office’s Narcotics Bureau. Topics discussed included methamphetamine recognition, abuse, effects and trends; clandestine drug lab recognition, dangers, production methods and “first responder” procedures; investigation and prosecution of clan lab cases; an overview of recently-enacted state and federal laws; methods for dealing with endangered children found at clan lab sites; clan lab site contamination and remediation issues; and who to contact for clan lab entry, assessment and processing.

GANG VIOLENCE TRAINING There are approximately 2,200 known gang members identified in Westchester County, and this Office has been able to help reduce violence among the gangs by providing better intelligence to both local communities and local law enforcement regarding the operation of gangs and the recognition of gang members by clothing, colors, hand signs, gang terminology, and graffiti. Through this grass roots approach to education, fewer gang members have been found on the streets openly wearing gang colors. In 2007, the District Attorney’s Office presented numerous youth violence trainings as part of this Office’s aggressive initiative of combating youth violence by joining local, state, and federal law enforcement with schools, community outreach groups and religious institutions. District Attorney Criminal Investigator Andrew Grascia, a nationally recognized expert in youth violence, lectured to members of law enforcement and civilians both in Westchester County and across the nation on a wide range of issues relating to youth violence and gangs, including topics such as “Females and Gangs”, “East Coast Gang Trends”, “Outlaw Bikers”, and “Prevention and Intervention Strategies and General Gang Identifiers.” This Office will continue its bifurcated approach to combating gang violence by aggressively pursuing gang-affiliated offenders and gathering gang intelligence as well as continuing to educate law enforcement and civilians countywide. UNDERAGE DRINKING PREVENTION PROGRAM The Office organized two training events designed to reduce the incidence of underage drinking in the County. Both sessions were held at the Westchester County Center and each was attended by over 80 members of the local and county police agencies. At the first session, held on March 6, 2007, police were instructed how to conduct sting operations using underage undercover operatives, who would attempt to buy alcohol from vendors, including bars, local stores and delicates- sens. At the second session, held on June 12, 2007, police were instructed on how to recognize false driver’s licenses used to purchase alcohol. and how to look for and approach house parties where underage drinking may be taking place. COMMUNITY PARTNERSHIPS SERVING THE ELDERLY Older individuals represent one of the fastest growing populations in the country. Westchester County continues to be ahead of the curve in proactively addressing the emerging issues in this area. In order to assist seniors who may become prey to financial scams, neglect or physical abuse, an assistant district attorney serves on the County’s Elder Abuse Coali- tion. By partnering with outside agencies, this Office is better positioned to reach out to and educate seniors on ways they can protect themselves from becoming the victims of crime. In 2007, the Office participated in Senior Law Day and other forums by training senior citizens on the appropriate uses and the perils of powers of attorney, the risks of identity theft through the mail and internet, the red flags and signs of physical abuse and neglect, and other predatory financial schemes. Additionally, we worked closely with Adult Protective Services, the Weinberg Center for Elder Abuse Prevention at the He- brew Home at Riverdale, New York, and other service providers to assist at risk seniors in finding temporary emergency shelter and other interventions. The District Attorney also published an article for practicing attorneys entitled “Prosecuting and Preventing Elder Abuse” for the Elder Law Attorney of the NYS Bar Association (Spring 2007, Vol. 17, No. 2). FISCAL RESPONSIBILITY The District Attorney’s Office is funded by the County of Westchester. It is the responsibility of the District Attorney to present a budget request that is both fiscally responsible as well as practical in terms of allowing this Office to carry out its legal mandates. Many of the initiatives and programs outlined in this report have been established and/or continued without a request for increased funding by utilizing existing staff, federal and state grant funding, and by maximizing existing resources, as well as by utilizing monies seized from drug dealers and other criminals as part of their criminal enterprises. Although significant in its own right in terms of actual dollars, the District Attorney’s budget comprises only a comparatively small (under 2%) component of the overall county budget. The District Attorney continues to work closely with the County Executive, the County Board of Legislators, and the Budget Department in order to maintain a budget that is both prudent and responsible. In 2007, as in 2006, the District Attorney’s Office again completed the year under budget and as such was able to return back to the County general fund significant budget savings totaling over a half million dollars.

Westchester County District Attorney Janet DiFiore with representatives of insurance companies as they received $2,206,416.46 in restitution checks. They had been victimized by Elm Street Medical, a medical mill fraud enterprise, which operated over a period of approximately five years.

Janet DiFiore District Attorney Westchester County District Attorney's Office Richard J. Daronco Courthouse 111 Dr. Martin Luther King Jr. Blvd. White Plains, New York 10601 Telephone (914) 995-3414 http://westchesterda.net