Recent Blog Posts

Alarming Reports of Prisoner Sexual Abuse

Michael Redenburg — Thu, 17 May 2012 19:24:00 GMT

May 17, 2012

According to a published report by the United States Department of Justice, ten percent of those incarcerated in state prisons suffer some form of sex abuse - and the numbers were even higher for inmates of two or more races and black non-Hispanics. The data which made up this report was from 518,800 parole-supervised former prisoners from 2008; and was based on the first National Former Prisoners Survey. New heightened standards to prevent the suffering experienced by prisoners outlined above include grievance reporting systems, staff training, video monitoring as well as prompt medical and psychological treatment for victims. In reference to the new standards meant to protect inmates, which has been released by the DOJ, the Justice Department said in a statement, "For too long, incidents of sexual abuse against incarcerated persons have not been taken as seriously as sexual abuse outside prison walls. In popular culture, prison rape is often the subject of jokes; in public discourse, it has been at times dismissed by some as an inevitable - or even deserved - consequence of criminality."

Operation Cold Sober - Crackdown on DWI

Michael Redenburg — Thu, 10 May 2012 20:08:00 GMT

May 10, 2012

In a stepped-up enforcement effort known as "Operation Cold Sober," the Queens Highway Patrol and Borough Task Force will be aggressively targeting late night bar and club goers who may be getting behind the wheel after a night of drinking. More NYPD officers will be patrolling in the early morning hours, and particularly near popular Queens bars and clubs to crackdown on individuals who are driving while intoxicated. According to news reports, the officers who will be assigned to this operation will have significant training in administering breathalyzer tests and observing a motorist's general demeanor after the officer engages the motorist in a conversation. Further, it is reported that police will set up checkpoints in the early morning hours to issue summonses to motorists texting or talking on their phones or handheld mobile devices while driving.

Brooklyn Man to Get New Trial

Michael Redenburg — Thu, 26 Apr 2012 14:45:00 GMT

April 26, 2012

In a decision handed down on April 24, 2012, the Appellate Division, 2nd Department, ordered that a Brooklyn rabbi who had been convicted of numerous sex crimes was entitled to a new trial, due in part, to the prosecutor's failure to produce certain documents to the defense in a timely manner.

The defendant in this matter had been charged with, among other charges, ten separate counts of criminal sexual act in the third degree. People v. Baruch Lebovits, 2012 NY App. Div. LEXIS 3206, *1. The defendant contended that the boy making the allegations of sexual abuse was doing so to extort money from him and his family. Id. at *2. Prior to trial, the defense stated that its' key witness, a rabbi, would testify that the accuser had admitted to the rabbi that he was going to try to make money by accusing the defendant of the crimes. Id. The prosecutor then spoke to the accuser (the boy) and the prosecutor claimed that the boy denied making such a statement, but instead alleged that the rabbi had reached out to the boy, offering the boy money to "drop the charges" against the defendant. Id. The boy also told the prosecutor that he had spoken to a detective about the incident.

At trial, the boy testified alleged incidents of sex abuse by the rabbi, but the topic of the rabbi and the bribery issue was not raised by the prosecutor on direct examination of the boy. On cross-examination, the defendant's criminal lawyer inquired as to the boy's drug history and the details of the alleged incidents, but did not raise the topic of bribery or extortion. Id. at *3. On redirect examination, the prosecutor elicited the boy's recently revealed claim that that the rabbi had attempted to bribe the boy in exchange for him not testifying against the defendant. Id. The boy also testified that he had informed the detective on his case of the bribery conversations, and the detective had made written notes of these conversations.

The next day, the prosecutor turned over to the defense, for the first time, the detective's handwritten notes dated January 14, 2009, documenting a conversation wherein the boy told the detective that the rabbi had attempted to bribe him. Id. The defense then moved for a mistrial, arguing that the prosecutor had failed to comply with their ongoing obligations of disclosure (by failing to provide the defense with the detectives notes), and that the defendant had been substantially prejudiced by the late disclosure. Id. The court, however, denied the mistrial motion and instead attempted to cure the prejudice suffered by the defendant by recalling the boy and permitting the defendant to cross-examine the boy with regard to the newly disclosed handwritten notes of the detective.

After trial, the defendant was convicted of eight counts of criminal sexual act in the third degree. Id. at 5. This appeal followed, and the Appellate Court agreed with the defendant that the Supreme Court had improvidently exercised its discretion in declining to grant a mistrial. Id. at 7. The Court stated that the prosecutor must turn over to the defense any prior statements by a witness which relate to the subject matter of that witness's testimony for use on cross-examination; and a new trial was ordered.

Operation Hang Up

Michael Redenburg — Tue, 24 Apr 2012 14:52:00 GMT

April 24, 2012

In round two of Operation Hang Up, New York law enforcement will be aggressively looking for motorists using handheld devices or cell phones while driving - which, following a law signed last year by Governor Andrew Cuomo, is a primary traffic offense. According to police, talking on the phone while driving or texting while driving may be just as hazardous as driving while intoxicated. Last year, police issued summonses to more than 800 drivers during the Thanksgiving holiday as part of the Operation Hang Up campaign. A ticket for operating a motor vehicle while using a handheld device can result in up to 3 points on a driver's license and may also affect insurance rates.

Man Wrongfully Convicted of Rape & Murder Starts Foundation

Michael Redenburg — Fri, 20 Apr 2012 19:38:00 GMT

April 20, 2012

A man who was wrongfully convicted for the alleged rape and murder of a classmate, but who was later released in 2006, has started a foundation to take a closer look at cases which may be wrongful convictions. The gentleman's name is Jeffrey Deskovic, and although he had maintained his innocence during trial, his own confession made to police after seven grueling hours of interrogation led to his wrongful conviction. Mr. Deskovic started the Jeffrey Deskovic Foundation for Justice with $1.5 million dollars of his own money, which came from a civil case settlement relating to his wrongful conviction. Mr. Deskovic posits that misidentification and coerced confessions are the leading causes of wrongful convictions and through his foundation, will back legislative reforms that support better identification procedures. In an interview with the New York Law Journal, Mr. Deskovic said that he also supports, "videotaping interrogations from beginning to end [to] combat wrongful convictions based on coerced, false confessions."

Mr. Deskovic's interview with Laura Haring, of the NY Law Journal, can be found here - http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202549562848&QA_Jeffrey_Deskovic

Proposed Bill Would Ban Condoms in Prosecutions

Michael Redenburg — Wed, 18 Apr 2012 16:44:00 GMT

April 18, 2012

A proposed Bill would ban condoms in prosecutions of individuals criminally charged with prostitution and is being sponsored by Brooklyn Democrat, Senator Velmanette Montgomery. In a report released yesterday titled "The Impact of Using Condoms as Evidence of Prostitution in New York City," authored by Providers and Resources Offering Services to Sex Workers, findings from two separate studies showed that because police often confiscate condoms from persons arrested and charged with prostitution, sex workers don't carry condoms out of fear that if arrested, police will confiscate the condoms to use as evidence in their criminal prosecution.

Co-Director of the Sex Workers Project at the Urban Justice Center, Sienna Baskin, spoke of one young person's experience in support of why the passage of Bill S323/A1008 is so important : "One 21-year-old transgender female in the Bronx who was interviewed in 2011 described how she was stopped by police who searched her purse and found a box of three Trojan condoms. The cops asked her what she was doing, what the condoms were for and why she had more than one. She was arrested and charged with loitering for the purposes of prostitution and disorderly conduct. She reported that she later engaged in sex work without a condom. Many more sex workers who have no other means of survival may engage in unprotected sex because they are afraid to be caught with condoms."

More information on the proposed Bill can be found here: http://open.nysenate.gov/legislation/bill/S323-2011

Accuser's Sex Abuse Allegations Were Fabricated

Michael Redenburg — Sat, 14 Apr 2012 00:53:00 GMT

April 13, 2012

A 23 year old man who accused an assistant basketball coach of sexual molestation has now admitted that his story was all lies. Zachary Tomaselli told CNN in an interview that he fabricated the sex abuse allegations as against Bernie Fine and is quoted as saying, "Basically, I'm a sociopath, I take a lot of pride in lying." Additionally, Floyd VanHooser, an incarcerated man, also admitted to completely fabricating allegations of sexual abuse charges against Bernie Fine. Fine had always adamantly denied the allegations and has been quoted as calling the allegations "patently false." Tomaselli, who will be serving three years to three years and three months in prison on charges of sexually abusing a boy in an unrelated case, had told law enforcement that he and Fine had watched porn together and that Fine had fondled him when in a hotel room, where they had met to watch a Syracuse basketball game when Tomaselli was 13 years old.

Enhanced Sentence Following Guilty Plea - Vacated

Michael Redenburg — Thu, 12 Apr 2012 15:29:00 GMT

April 12, 2012

In a decision entered March 29, 2012, the NY Appellate Division, 3rd Dept. vacated a man's sentence after he had pled guilty to driving while intoxicated because the County Court had erred in imposing an enhanced sentence; even though the defendant had waived his right to appeal.

The defendant, who had been charged with a New York DWI , had pled guilty to driving while intoxicated, aggravated unlicensed operation of a motor vehicle in the third degree (VTL 511) and consumption of alcohol in a motor vehicle. People v. Adams, 2012 N.Y. App. Div. LEXIS 2343. As part of the plea agreement, the man waived his right to appeal and was to be sentenced to a prison term of 1 to 3 years, together with the mandatory surcharges as to the DWI conviction and a fine and surcharge as to the remaining offenses. Id. At sentencing, however, the court imposed an enhanced sentence of 1 to 4 years in prison, instead of the 1 to 3 years the man had originally been promised. Id. The Appellate Division Court decided that the man's waiver of his right to appeal did not preclude him from challenging the enhanced sentence imposed. Id. Therefore, the Appellate Division Court vacated the man's 1 to 4 year prison sentence and sent the case back to County Court to impose the agreed-upon sentence or, in the alternative, afford the man the opportunity to withdraw his plea before imposing the enhanced sentence. Id.

NYS AG: Conviction Review Board

Michael Redenburg — Thu, 12 Apr 2012 00:06:00 GMT

April 11, 2012

Following a New York Court of Appeals decision last year, which allowed a former inmate who was wrongfully convicted to seek pecuniary compensation, the New York State Attorney General has announced that it is creating a bureau to review criminal cases statewide concerning questionable convictions. The inmate who was allowed to seek compensation for his wrongful conviction was cleared after DNA evidence was produced; and his criminal lawyers argued that his confession had been manufactured after he was coerced by law enforcement. Speaking about the new Conviction Review Board, NYS AG Eric T. Schneiderman said, "There is only one person who wins when the wrong person is convicted of a crime: the real perpetrator, who remains free to commit more crimes; for victims, their families and any of us who could suffer the nightmare of being wrongfully accused, it is imperative that we do everything possible to maximize accuracy, justice and reliability in our justice system." You can read more here http://www.nytimes.com/2012/04/11/nyregion/nys-bureau-to-investigate-questionable-convictions.html?_r=1&ref=falsearrestsconvictionsandimprisonments .

Guantanamo Bay: Judge to Rule on Testimony

Michael Redenburg — Wed, 11 Apr 2012 16:22:00 GMT

April 11, 2012

Abd al-Rahin al-Nashiri, who is alleged to have been an al-Qaeda mastermind, is due to face a military tribunal in Guantanamo Bay. According to media reports in The Telegraph, the U.S. war crimes tribunal in Guantanamo is due to make a landmark ruling on whether to allow Mr. al-Nashiri to testify publicly concerning his alleged torture in CIA prisons following the September 11th attacks. Human rights and legal experts are carefully watching to see now this unfolds following the Obama administration's overhaul of the Guantanamo court system in 2009. Al-Nashiri's criminal defense attorneys are expected to argue that because the facts of al-Nashiri's alleged mistreatment are already public, that the Guantanamo court has no legal reason to keep his testimony secret. His criminal lawyers also submitted a written submission to the court that read, "A trial where the defendant cannot review the discovery that even the prosecution admits is releasable to him is a mockery of justice."

Wrongful Arrests for Marijuana Possession, Bronx: Study

Michael Redenburg — Mon, 09 Apr 2012 23:38:00 GMT

April 9, 2012

According to a recent NY Daily News article, http://articles.nydailynews.com/2012-04-03/news/31282994_1_marijuana-arrests-pot-study, New York City police officers in the Bronx arrested hundreds of young men and falsely charged them with marijuana drug possession charges during a five month period last year. An institutional legal services provider, Bronx Defenders, recently released a study indicating that of the individuals interviewed, police "manufactured" misdemeanor drug charges in connection with low-level marijuana charges in 184 instances, by instructing individuals to "show their marijuana;" thereby "displaying it in public." Most of the individuals who were victims of this injustice were Latino or African-American men. In a statement, Bronx Defenders stated that this is indicative of "a policing strategy that overwhelmingly and disproportionately targets young people of color and relies on rampant disregard for the civil rights of the people the NYPD is charged with protecting."

EDNY Speaks to Bail Pending Appeal

Michael Redenburg — Mon, 09 Apr 2012 14:52:00 GMT

April 9, 2012

In an opinion and memorandum filed on April 3, 2012, one issue considered by the court was, "Can bail pending decision on appeal be granted by a trial court, even though the statute seems to grant this power only to an appellate court, if Second Circuit case law allows release by the trial judge, and justice and sensible administration of the criminal law encourage granting bail by the trial court?" USA v Frank DiMattina, 2012 U.S. Dist. LEXIS 47827. The court answered the question in the affirmative.

The court went on to state that, the court must make three findings in order to release a defendant pending appeal: 1) that the defendant is unlikely to flee or pose a danger to the community, 18 U.S.C. 3143(b)(1)(A); 2) that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in reversal, an order for a new trial, a sentence that does not include a term of imprisonment, or a reduced sentence to less than the time already served, 18 U.S.C. 3143(b)(1)(B); 3) that there are exceptional reasons why the defendants' detention are not appropriate, 18 U.S.C. 3145(c). Id. at 41. The court in this matter found that all three requirements were met and granted the defendant bail pending appeal.

More Support for Alice's Law

Michael Redenburg — Sat, 07 Apr 2012 17:45:00 GMT

April 7, 2012

New York State Assemblyman David Weprin lent continued support for the passage of Alice's Law by taking to the steps of City Hall last weekend. The proposed law is in memory of a 71 year old woman who died nearly a decade ago after being struck by a car; and the car that hit her was allegedly being used in a staged car accident as part of a no-fault insurance scam. Assemblyman Weprin said, "Criminals in our state are intentionally causing accidents and targeting innocent New Yorkers to make money, and we must do something to protect citizens against it. These crimes are endangering the lives of New Yorkers and driving up the auto insurance rates of New Yorkers already struggling with skyrocketing gas prices." Under the law, which was reintroduced before the state assembly last year, an individual alleged to have staged an auto accident to collect insurance proceeds under NY's no-fault provision could be charged with a Class D felony; and face up to 7 years in prison if convicted.

NY Attorney General & Operation Game Over

Michael Redenburg — Fri, 06 Apr 2012 17:06:00 GMT

April 6, 2012

New York Attorney General Eric Schneiderman announced yesterday the start of "Operation Game Over," which, with the cooperation of major gaming companies, will disallow registered sex offenders from participating in online video gaming. NY Attorney General Schneiderman said, "We must insure online video game systems do not become a digital playground for dangerous predators. That means doing everything possible to block sex offenders from using gaming networks as a vehicle to prey on underage victims." Executive Director of Parents for Megan's Law, Laura Ahearn told ABC News, "What better place could there be to find unsuspecting children and teens at their most vulnerable than when they're playing games in their own homes. Even the most vigilant parent may never know their child could be gaming and chatting with a registered sex offender."

Although many supported the new initiative, NYCLU Executive Director Donna Lieberman asked, "How is this remotely related to community safety or to rehabilitation?" She went on to call the initiative political pandering; and she said in a statement, "Schemes like this make people feel good while there's very little being done to actually keep people safe."

Over 3,100 Arrests Announced

Michael Redenburg — Tue, 03 Apr 2012 22:35:00 GMT

April 3, 2012

In what has been named "Operation Cross Check," United States Immigration and Customs Enforcement a/k/a "ICE," announced yesterday that they had arrested and detained over 3,100 individuals who they allege are undocumented immigrants. Federal, state and local authorities worked with over 1,900 ICE agents and the arrests included over one hundred individuals in Brooklyn, Queens and Long Island, New York. Christopher Shanahan from the NY field office of ICE was quoted as saying, "We arrested individuals with criminal convictions that ranged from attempted burglary all the way to attempted murder, manslaughter and sex predators."