Blog

Todd D. Greenberg’s client files $100 million civil rights lawsuit against ex-Governor Eliot Spitzer, the New York Racing Association and prosecutors after dismissal of “Fat Jockey” case Charges Dismissed Vs. Former Nyra Clerks Two Former Scales Clerks for NYRA Are Cleared ‘Fat Jockey’ Case KO’d NY Post Reports on NYRA Trial Trial under way in jockey weight case Overweight jockeys trial begins New York Attorney General Re-Files Case Against Baeza Sclafani Sclafani, Baeza charged with 291 criminal counts NYRA Hit with False Race Charges Two New York Track Officials Charged With Falsifying Weights Over-Weight Rider’s Lawyer Denies Charges California Moves Forward With Weigh-Out Procedures

Through The Binocs By Ed Fountaine So-called “Fat Jockeys” trial, which opened Sept. 4 in Saratoga County Court, could be nearing resolution. In investigation initiated by NYRA in 2004, clerk of scales Mario Sclafani and his assistant, retired Hall of Fame jockey Braulio Baeza, were accused of allowing several top riders, including Jose Santos and Cornelio Velasquez, to ride overweight. Sclafani and Baeza were fired by NYRA and indicted by then-attorney general, now Gov. Eliot Spitzer, charged with fraud conspiracy, larceny, and tampering with sports event. But the case, which appeared flimsy to begin with, seems to be falling apart. “The way the evidence has unfolded, we feel the prosecution is in serious, serious trouble at this point,” Sclafani’s attorney, Todd Greenberg, told The Post yesterday. “The videos that were shown (by prosecution) have established everything the defense has been saying: That the methodology used (by investigators) was terribly flawed and inaccurate.”

Two defendants are accused of allowing riders to exceed assigned weights at NYRA tracks Times Union Albany, New York By Dennis Yusko, Staff writer BALLSTON SPA — Mario Sclafani and Braulio Baeza are either corrupt former New York Racing Association employees or individuals ensnared in a careless and political investigation. A Saratoga County Court jury must decide which. The trial of the two NYRA clerks of scales began Wednesday on accusations they conspired to allow five overweight jockeys to race at Saratoga Race Course and other state tracks from June to December in 2004. State Prosecutor John Prizzia said in opening statements that Sclafani, of Yorktown Heights, Westchester County, and Baeza, from Elmont in Nassau County, defrauded dozens of horse owners by permitting the jockeys to ride heavy, which means carrying more than five pounds over their assigned weight. “The rules of racing were designed to ensure the integrity of the sport,” said Prizzia, assistant deputy attorney general under Andrew Cuomo. “No one person has the right to place themselves above those rules.” But defense attorneys Paul DerOhannesian and Todd Greenberg told the 12 jurors that the case was based on a faulty investigation and a misunderstanding of the process for weighing jockeys. They said their clients had no criminal intent and that state prosecutors and investigators failed to account for some jockeys being weighed with safety vests, helmets and goggles. “There is simply no evidence of criminal intent in this case,” Greenberg said. “The evidence is not credible, accurate or believable.” The defense lawyers portrayed their clients as “scapegoats” who followed “vague” rules given to them. They said NYRA helped deliver the two clerks to investigators as part of its attempt to show lawmakers and federal investigators that it ran a clean operation. Baeza and Sclafani face a mix of felony and misdemeanor charges, including conspiracy, tampering with a sports contest, falsifying business records and scheming to defraud. They are the first of more than 20 NYRA employees indicted by former Attorney General Eliot Spitzer to take their cases to trial. In court Wednesday, Prizzia listed dozens of races in which he said State Police surveillance caught Sclafani, 50, and Baeza, a 67-year-old Hall of Fame jockey, falsifying jockeys’ weights so they could ride. “They changed the playing field,” Prizzia said. Sclafani and Baeza have been accused of allowing Jose Santos, Robby Albarado, Heberto Castillo Jr., Ariel Smith and Cornelio Velasquez to ride 7 to 15 pounds overweight. The prosecutor claimed in his opening statements that the extra weight influenced the outcome of races and was part of an ongoing scheme to defraud horse owners. But in the defense’s opening statements, DerOhannesian noted none of the jockeys was indicted. The case lacks a motive and criminal intent, DerOhannesian said. “There were hundreds of hours of wiretaps, cameras and not one word picked up of any conspiracy, any agreement, any illegality,” DerOhannesian said. “There is not one cent passed to either of these men.” Sclafani and Baeza, who were fired by NYRA after they were indicted, did the best they could with what were loose rules, he said. The defense said the prosecution did not account for the pounds of safety gear, sweat and mud when jockeys weigh in after races. Also, the defense attorneys said, NYRA scales are 50 to 60 years old and weights were never precisely calculated because the scales’ hands were constantly moving. “When you look at this case you say there’s something wrong here,” DerOhannesian said. Testimony is expected to continue this morning before County Judge Jerry Scarano.

Times Union Albany, New York By Dennis Yusko, Staff writer BALLSTON SPA — The trial of two New York Racing Association officials accused of conspiring to allow overweight jockeys at Saratoga Race Course and other state tracks began today in Saratoga County Court. NYRA clerks of scales Mario Sclafani of Yorktown Heights , Westchester County, and Braulio Baeza of Elmont, Nassau County, were accused of defrauding horse owners and bettors by Prosecutor John Prizzia in his opening statements today. Sclafani and Baeza have been accused of permitting five jockeys to carry more weight than allowed during 2004 races at Aqueduct, Saratoga and Belmont tracks. They are the first of more than 20 NYRA employees indicted by former Attorney General Eliot Spitzer to take their cases to trial. Defense attorneys Todd Greenberg and Paul DerOhannesian in their opening statements told the 12 jurors that Spitzer’s case was based on a faulty investigation and a misunderstanding of the weighing process. But Prizzia listed dozens of races in which he said State Police used surveillance to gather evidence showing Sclafani, 50, and Baeza, a 67-year-old Hall of Fame jockey, falsifying weights of jockeys. The police alleged weights were changed so the jockeys could ride despite being more than 5 pounds overweight. Sclafani and Baeza face charges of conspiracy, tampering with a sports contest, falsifying business records and scheme to defraud. “They changed the playing field,” Prizzia said. Greenberg and DerOhannesian argued investigators failed to take into account that some jockeys were weighed with safety vests, helmets, goggles and more before or after races. “There is simply no evidence of criminal intent in this case,” Greenberg said. “The evidence is not credible, accurate or believable.” Dennis Yusko can be reached at 581-8438 or by e-mail at dyusko@timesunion.com.

On June 22, 2007 a Queens jury acquitted our client, a 19-year old college student charged with driving while intoxicated and resisting arrest, which allegedly occurred on April 27, 2006. Out client was a passenger in a SUV when the driver was pulled over and arrested for DWI. According to the Defendant’s testimony at trial, he was asked to step out of the car and while the diver of the vehicle was being arrested, this Defendant was speaking to a Police Officer. Ultimately, after the arrest, that Police Officer gave the Defendant the keys to the driver’s vehicle and told him to move the car. The Defendant proceeded to drive the SUV approximately half a block and was then pulled over by another Police Officer who arrested him for driving while intoxicated and resisting arrest. The Police Officer’s charge of DWI was based upon a strong order of alcohol on the Defendant’s breath and blood-shot, watery eyes. The Police Officer also charged the Defendant with attempting to flee the scene. The Defendant refused to take the Breathalyzer Test and testified that he did not take the test for two reasons: First, after the earlier scenario, he did not trust the Police, which defense attorney Todd Greenberg argued to the jury was quite understandable under the circumstances. Second, the Intoxicated Driver Testing Unit was so filthy that the Defendant would not put his mouth on any instrument. Additionally, the Police did not conduct any Physical Coordination Tests at the IDTU Unit because of a “back log”. During the People’s case, two Police Officers testified that they received 6 hours and 15 hours respectively of overtime based on the arrest of the original driver and this Defendant. Attorney Greenberg argued in his summation to the jury that, if the Police Officers earned 6 and 15 hours of overtime, there should have been enough time to conduct a simple Physical Coordination Test, which testimony revealed takes approximately 20 minutes. Mr. Greenberg argued that the jury was deprived of critical evidence, a videotape of the physical Coordination Test and, after speaking to the Jury after the verdict, the jury confirmed that the Police should have at least taken the 20 minutes to give the Physical Coordination Test.

On March 7, 2007, a judge of the criminal court, Queens County, in a non-jury trial, acquitted a New York attorney of all criminal charges relating to his arrest for driving while intoxicated. The Prosecution presented two Police Officers who testified that at approximately 11:30 a.m. on Woodhaven Boulevard, they approached a scene of an accident. A Porsche creased into two parked cards and found the Defendant, outside the vehicle. The Officers stated that they smelled alcohol on the Defendant’s breath and that he had blood-shot eyes and was unsteady on his feet. The Defendant stated at the scene that he was hit by another vehicle. During cross-examination, Defense Attorney Todd Greenberg established that the Defendant was unsteady on his feet due to the fact that he hit his head on an air-bag that deployed during the accident. Further, pictures and hospital records were introduced which established that the Defendant was taken to the hospital prior to central booking due to a severe eye injury which accounted for his red and blood-shot eyes. Further, during cross examination of the Police Officers, the accident was reconstructed, which was inconsistent with the People’s theory that the Defendant was drunk and merely hit tow parked cards and was consistent with the fact that there was another vehicle involved which would eliminate that issue of erratic driving. The Defendant did not testify. He was convicted of driving while impaired, a violation, not a crime.

Lawyer for Queens man accused of attacking cop says he believed he was fending off thugs. By: Matthew Nestel The Queens man charged with attempted murder for trying to stab a rookie police officer with a steak knife was in the midst of a “psychotic incident” and believe he was fending off attackers, his lawyer said yesterday. Joseph Leonardi, 50, remained under psychiatric observation in Queens Hospital Center in Jamaica, where he was taken after the violent incident Thursday outside St. Helen Roman Catholic Church in Howard Beach, attorney Todd Greenberg said. He said Leonard is “absolutely appalled that he may have hurt someone” and the Howard Beach man is “very, very relieved” that Officer Stuart Ingram, 22, was not hurt. Leonardi told his lawyer that he never spotted a police officer at the scene. “He believes he was under attack by three thugs,” Greenberg sand. “And then he was acting out in self-defense.” Leonardi went to church around 5 p.m. Thursday, hoping to meet with the priest who presided over his mother’s funeral, Greenberg said. Josephine Mary Leonardi, 78, who lived with her husband, Anthony, just two doors down from their son on 90th Street, died on Christmas Day. The Rev. Richard E. Marchese, pastor of St. Helen’s could not be reached for comment yesterday. Police said Leonardi first tied to remove a wooden name placard posted in front of the church. When neighbors yelled at him to stop, he got into his 1995 Buick and drove it onto the sidewalk, barely missing a nun standing outside the church. Leonardi got out of his car and ran off, pursued by one man. When responding officers from the 106th Precinct arrived, he lunged at Ingram with the knife, but the blade struck the officer’s badge and broke into several pieces. Leonardi, who also is charged with reckless endangerment, was taken to the 106th Precinct and later to the hospital for observation. Greenberg said he met with his client for two hours at the hospital yesterday. If Leonardi remains there beyond tomorrow, an arraignment in the hospital would be arranged, he said. The lawyer said he plans to raise the issue of Lenoradi’s mental capacity. “I can only say at this point I’m affirming my belief, knowing his background, he was experiencing a break with reality – a psychotic incident, Greenberg said.

BY MATTHEW NESTEL Special to Newsday The Queens man charged with attempted murder for trying to stab a rookie police officer with a steak knife was in the midst of a “psychotic incident” and believed he was fending off attackers, his lawyer said Saturday. Joseph Leonardi, 50, remained under psychiatric observation in Queens Hospital Center in Jamaica, where he was taken after the violent incident Thursday outside St. Helen Roman Catholic Church in Howard Beach, attorney Todd Greenberg said. He said Leonardi is “absolutely appalled that he may have hurt someone” and the Howard Beach man is “very, very relieved” that Officer Stuart Ingram, 22, was not hurt. Leonardi told his lawyer that he never spotted a police officer at the scene. “He believes he was under attack by three thugs,” Greenberg said. “And then he was acting out in self-defense.” Leonardi went to the church around 5 p.m. Thursday, hoping to meet with the priest who presided over his mother’s funeral, Greenberg said. Josephine Mary Leonardi, 78, who lived with her husband, Anthony, just two doors down from their son on 90th Street, died on Christmas Day. The Rev. Richard E. Marchese, pastor of St. Helen’s, could not be reached for comment Saturday. Police said Leonardi first tried to remove a wooden name placard posted in front of the church. When neighbors yelled at him to stop, he got into his 1995 Buick and drove it onto the sidewalk, barely missing a nun standing outside the church. Leonardi got out of his car and ran off, pursued by one man. When responding officers from the 106th Precinct arrived, he lunged at Ingram with the knife, but the blade struck the officer’s badge and broke into several pieces. Leonardi, who also is charged with reckless endangerment, was taken to the 106th Precinct and later to the hospital for observation. Greenberg said he met with his client for two hours at the hospital Saturday. If Leonardi remains there beyond Sunday, an arraignment in the hospital would be arranged, he said. The lawyer said he plans to raise the issue of Leonardi’s mental capacity. “I can only say at this point I’m affirming my belief, knowing his background, he was experiencing a break with reality — a psychotic incident,” Greenberg said. Copyright 2007 Newsday Inc.

A $3 million settlement was reached prior to trial in February 2007 for a person killed in a construction accident. The worker was the victim of a fatal construction accident. He was an undocumented alien working in the country for two months prior to his construction accident death caused by a defective scaffold. His family received the $3 million settlement. The family of the construction worker from New York was awarded $3 million as a result of the case presented by New York Personal Injury lawyer Todd D. Greenberg. Mr. Greenberg’s client was killed while working on the construction of a Gramercy Park building. Bricks from the building landed on the defective scaffold that collapsed. Discovery revealed that the scaffold was erected without a permit and was never inspected by the City of New York or had an engineer’s approval. The subcontractor who erected the scaffolding, the principal of Tri State Scaffold and Equipment Supplies, Inc., pled guilty to manslaughter charges and was subsequently sentenced in Supreme Court, New York County for a minimum of 3 ½ to a maximum of 10 years. The principal admitted he erected a scaffold that could not support the weight put on it and conceded he did not have a licensed engineer inspect the scaffold as law requires. The deceased, Manuel Atanacio Balarezo Sumba, arrived in the US three months prior to his death as an undocumented alien from Ecuador. His wife and three children remained in Ecuador. The deceased was sent to the job site by an agency and worked as a laborer on the defective scaffold. In preparation for the damage aspect of the case, the autopsy report and all copies of photographs taken at the New York City morgue were obtained. Expert services of a pathologist, a forensic psychiatrist and an economist were obtained. The damage aspect of the case concentrated on the seconds it took for the deceased to fall from the 11th floor of the defective scaffolding to the ground and the pre-impact terror the construction accident victim suffered. The forensic psychiatrist said that in the seconds it took for the deceased to fall, he experienced conscious terror and suffering, that he knew he was falling to his death and tried to save himself. Autopsy photos showed scrapes to the decedent’s fingers as he tried to grasp the defective scaffold and save himself from wrongful death. The expert economist said the economic loss to the construction accident victim’s family was $894,189. Plaintiff’s settlement was helped by the Court of Appeals Decision in BalBuena v. Ideal Realty LLC., 6 NY 3rd 338(2006) which held that unauthorized aliens who do not present false work papers may recover lost earnings. Plaintiff’s attorney Personal Injury lawyer Todd D. Greenberg was successful in getting the family of the construction accident victim a $3 million settlement for the victim’s pain and suffering.

On January 22, 2007 a Criminal Court Judge granted the Trial Motion of Todd D. Greenberg to dismiss Drunk Driving charges against the Defendant granting a Trial Order of Dismissal. Mr. Greenberg argued that under the New York State Vehicle and Traffic Law a person must be “actually impaired” to the extent that his “physical and mental ability” which such person is expected to possess in order to operate a vehicle, were impaired. The trial testimony was that the Police Officer pulled the Defendant over for a defective light, having nothing to do with the ability to drive. Further, although the Police Officer testified that the Defendant had an alcohol smell on his breath and blood-shot and watery eyes, the testimony elicited during Court Examination was that the defendant’s speech was clear and his balance was stable. The Judge granted the Defense Motion to Dismiss the case after the People presented their evidence based on the lack of evidence that the Defendant was “actually impaired”.

On October 18, 2006, the Defendant, our client, was acquitted by a Queens Jury of Driving while Intoxicated. The Defendant refused the Breathalyzer Test and the Police Officer said he observed the Defendant swerving over a yellow divider and, when stopped, smelled alcohol on his breath and had blood-shot eyes. The evidence revealed that the Defendant’s balance, speech and appearance, along with his attitude were normal. The Defense was able to argue that the mere smell of alcohol does not mean a person is driving while intoxicated to the extent necessary to make a person guilty of that crime. Additionally, with regard to the blood-shot and watery eyes, the Defendant was exhibited to the Jury during the trial to show that his eyes were blood-shot all the time. In a discussion of the case with Jurors after the not-guilty verdict, the Jurors said the District Attorney did not present enough evidence of Defendant’s guilt to establish guilt beyond a reasonable doubt – exactly the argument made by Attorney Todd Greenberg.

By Ikimulisa Livingston The man accused of going on a deadly shooting spree in Queens this summer taunted cops from his hospital bed shortly after his arrest, saying, “What’s that, a Smith & Wesson? That’s nothing. Those are toys. I have something better.” Matthew Colletta, 34, made several wild statements after the Aug. 25 shooting rampage, which killed 51-year-old Todd Upton and injured numerous others. During his arraignment in Queens Supreme Court yesterday, the unemployed Woodhaven man stood silently. But he was nothing if not chatty with cops at his bedside in Bellevue Hospital last August, said prosecutor Charissa Ilardi. “Listen, bro. How much time am I looking at?” he asked one cop. “Can you help me out?” Colletta, who claimed after the violence that “they were coming after me in red cars,” was suffering from a “psychotic episode,” his lawyer, Todd Greenberg, told reporters yesterday.