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On September 5, 2006, our client was acquitted in Nassau County District Court of all charges involving his arrest for Driving While Intoxicated. During the trial, Attorney Todd Greenberg challenged the results of the Standard Field Sobriety Test, as administered by the Nassau Police, i.e., the one leg stand test, the walk and turn test and the finger to the nose test. During cross examination, the arresting officer admitted that he administered the test improperly. It should be noted that the knowledge and information used to cross examine the police officer was obtained by Mr. Greenberg’s attendance at the Driving While Intoxicated Trial Seminar sponsored by the National Association of Criminal Defense Lawyers in Las Vegas in October of 2005. A lesson well learned by defense attorney Todd Greenberg.

Thoroughbred Times By Pete Denk A new grand jury has reaffirmed a 291 count indictment against former New York Racing Association Clerk of Scales Mario Sclafani and Assistant Clerk of Scales Braulio Baeza for allegedly falsifying records and allowing jockeys to ride overweight in 2004. Sclafani and Baeza, a former jockey and member of the Racing Hall of Fame, were indicted last September but prosecutors re-filed the indictment last month after one of the original grand jurors wrote a letter to newspapers and public officials attacking the case. “The prosecutors have the authority to supersede an original indictment if there is any question about the grand jury process,” said Paul Larabee, spokesman for New York Attorney General and Democrat gubernatorial candidate Eliot Spitzer. “A grand juror came forward after the first indictment and expressed concerns publicly, so we elected to supersede the indictment in the form of a separate and new grand jury, and it returned the same 291 count indictment against both .” According to the charges, Sclafani and Baeza allowed jockeys to ride as much as 15 pounds over their assigned weights. The jockeys were not charged. Sclafani and Baeza have pleaded not guilty to the charges. The attorneys in the case are schedule for a conference on June 29. “We stand prepared to go to trial and are ready to move forward,” Larabee said.

Breathalyzer Results Suppressed; Police Lacked Probable Cause to Stop Motorist The Defendant was arrested on April 20, 2006 at 4 a.m. and charged with Driving While Intoxicated. The arresting Police Officer stated that the Defendant’s vehicle was swerving and that the Breathalyzer Test revealed a blood alcohol content of .197%, more than twice the legal limit. At a Pre-Trial Hearing requested by Attorney Todd Greenberg, the Officer testified under cross-examination that the Defendant was “swerving within his lane”. When further cross-examined about how far the car swerved, the Police Officer did not know. The Defense argued that the Police lacked Probable Cause to stop the Defendant because if a person allegedly “swerved within” his lane, he was actually staying within the traffic lanes showing an ability to operate the vehicle. Further, there was no testimony as to how far the car allegedly “swerved”. On January 22, 2008, a Criminal Court Judge of Queens County suppressed the results of the Breathalyzer Test and ruled that the evidence of an alleged blood alcohol content of .197% was not admissible at the trial of this action based upon a stop that was not supported by Probable Cause.

Newsday The Associated Press Five men who were convicted in the harassment and brutal beating last year of a Sikh man outside a Queens catering hall were sentenced yesterday to terms raging from two years in prison to five days in jail. Trial evidence showed the men taunted Rajinder Singh Khalsa, 50, outside the Villa Russo Ristorante in Richmond Hill on July 11, 2004, calling Khalsa’s turban, which is required by his religion, a “dirty curtain” and demanding that he take it off. The men jumped Khalsa, punching his face repeatedly, breaking his nose and causing other injuries, according to trial testimony. He was treated at a nearby hospital. The defendants were Salvatore Maceli, 26; his brother Nicholas Maceli, 22 and their stepfather Victor Cosentino, 58, all of Valley Stream; Terence Lyons, 53 of Elmont and Ryan Meehan, 24 of Forest Hills. In December, after a nonjury trial in state Supreme Court in Kew Gardens, Justice Seymour Rotker found the Maceli brothers guilty of second-degree assault. Salvatore Maceli was sentenced to two years in prison and Nicholas Maceli to six months in jail. Rotker convicted Meehan and Lyons of second degree irritated harassment as a hate crime. The judge sentenced Meehan to 60 days in jail and Lyons to 20 days in jail. Rotker sentenced Cosentino, convicted of second degree assault as a hate crime. They had faced up to 15 years in prison if convicted of that charge. Victor Cosentino, Mr. Greenberg’s client, was the only Defendant acquitted of all criminal charges in this five-defendant case.

Thoroughbred Times Under a committee recommendation, weigh-out procedures will be conducted in full public view at California racetracks as the California Horse Racing Board on Thursday moved forward with plans to revise procedures on the weighing of jockeys for races. The board hopes to ensure that horses carry their assigned weights and the public is accurately informed of those weights. “We need to ensure the integrity of our procedures and provide transparency to the whole process,” said the board’s chairman, john Harris. In September, a 116 page indictment against former New York Racing Association Clerk of Scales Mario Sclafani and assistant Braulio Baeza alleged that they allowed jockeys at NYRA’s three racetracks to ride overweight without informing the public and subsequently falsified records. With that scandal in New York, Harris last month created a committee headed by Richard Shapiro to review the issue in California. In his report released to the board on Thursday, Shapiro said the committee would recommend that when jockeys weight out before a race, that procedure will be conducted in full public view with a steward or designee present. Video cameras also will be installed to record the process. Shapiro said all jockeys at California tracks would be provide with CHRB rules regarding the attendance, behavior and responsibilities pertaining to weight in. The committee included jockeys, owners, and trainers, racing association members and racing officials.

By Herbert Lowe Staff Writer To Victor Cosentino’s attorney, “words alone are not an assault,” and certainly not a hate crime — even if his client threatened murder, as a prosecution witness testified against him Wednesday in Queens. Cosentino, 60, of Valley Stream, also contends that the charges alleging that he helped assault a Sikh leader after an argument over turbans are borne out of racial prejudice against him. Responding to a civil lawsuit filed by Rajinder Singh Bammi, 55, of South Ozone Park, against him and four other defendants, Cosentino has filed his own suit against Bammi. “He feels he was falsely arrested on false charges and this has destroyed his life,” said Todd Greenberg, attorney for Cosentino, a territory manager for an office-supply company. Prosecutors contend in State Supreme Court in Kew Gardens that the defendants harassed Bammi and his cousin, Gurcharan Singh, 51, then beat Bammi into unconsciousness outside the Villa Russo catering hall in Richmond Hill on July 11, 2004. But Greenberg says while his client did speak harshly to Singh, Cosentino did not punch or kick Bammi. Instead, Cosentino tried to squash the incident, Greenberg said. “The charges against Mr. Cosentino were motivated solely by Mr. Bammi’s prejudice against Italians … was nothing more than pointing out every single Italian male person that was present,” Greenberg said. Bammi is expected to testify against Cosentino; his stepsons, Salvatore Maceli, 27, and Nicholas Maceli, 23, also of Valley Stream; Terence Lyons, 54, of Elmont, and Ryan Meehan, 25, of Woodhaven, in a non-jury trial before Justice Seymour Rotker. They are charged with second-degree assault as a hate crime, second-degree assault and second-degree harassment. If convicted, each faces up to 15 years in prison. During the trial, Greenberg contended that Cosentino was about to leave a christening party when he noticed Singh writing down his license plate number. When Cosentino asked why, Singh said no one was to leave until the police arrived. “If the cops come to my house, I’ll come back and kill you,” Singh repeatedly quoted Cosentino as saying during his testimony. During his cross-examination, however, Greenberg gave Singh a transcript of his testimony to a grand a month after the incident. Then, according to the transcript, Singh said Cosentino only threatened to come back and kick him in the rear end. “Do you know what the word ’embellishment’ means?” Greenberg asked derisively. Singh insisted he was not doing so. Copyright © 2005, Newsday, Inc.

By Herbert Lowe Staff Writer A Sikh man testifying in a hate-crime trial in Queens Tuesday identified the men who are charged with harassing him and another Sikh before assaulting them after an argument over their turbans. Gurcharan Singh testified that, on July 11, 2004, he, his cousin Rajinder Singh Bammi, a friend of Bammi’s and the friend’s son were exiting a car when one of the defendants, Ryan Meehan, yelled, “Give me my curtain,” outside the Villa Russo catering hall in Richmond Hill. “I asked him, “What do you mean give me my curtain?” Singh told Justice Seymour Rotker, who is presiding over a non-jury trial involving five defendants in State Supreme Court in Kew Gardens. Singh, 51, testified that moments later, another defendant, Terence Lyons, insulted his heritage. “You still here?” Singh quoted Lyons as saying. “Go to your home. Go to your country.” I said, “Hey … this is my country. This is my home, too.” The defendants began punching Singh before turning their attention to Bammi, 55, who was beaten into unconsciousness, Singh testified. The defendants are Lyons, 54, of Elmont; Meehan, 25, of Woodhaven; and Salvatore Maceli, 27, his brother, Nicholas Maceli, 23, and their stepfather, Victor Consentino, 60, all of Valley Stream. They are charged with second-degree assault as a hate crime, second-degree assault and second-degree harassment. If convicted, each faces up to 15 years in prison. Defense attorneys conceded that the incident ensued from an inappropriate remark. But they contend the Sikh men were responsible for escalating the situation into a fight. The attorneys said, for example, that even before the first punch was thrown, Singh refused to allow Consentino and Lyons to leave the area because he had called 911. The attorneys also contend that their clients had no hateful intent during the incident.

By ALEX GINSBERG An off-handed crack by a drunken partygoer comparing a Sikh’s sacred turban to bed linen touched off a bloody melee on a Queens street two summers ago that put the immigrant in the hospital, eyewitnesses testified yesterday. “Why did you steal the sheets from my house?” quipped Ryan Meehan, one of five men accused in the attack, to a passing group of turban-clad Sikhs, party guest Alison Pfluger told the judge. The testimony capped the first day of trial for the men – Meehan, 25, Salvatore Maceli, 27, Nicholas Maceli, 23, Victor Cosentino, 60, and Terence Lyons, 54 – each of whom faces up to 15 years in prison on charges of second-degree assault as a hate crime. The Macelis live in Valley Stream, L.I., with Cosentino, their stepfather. Lyons, a resident of Elmont, L.I., is Salvatore Maceli’s uncle and Meehan, of Woodhaven, Queens, is a family friend. Prosecutors say the five beat and kicked Rajinder Singh Khalsa July 11, 2004, in front of the Villa Russo catering hall in Howard Beach, where they were attending a christening for Salvatore Maceli’s daughter. Pfluger testified that she had stepped outside the party onto the sidewalk on Lefferts Boulevard for a cigarette with Meehan, Nicholas Maceli and another guest when altercation started. In separate testimony, the other guest, Jennifer Murray, recalled the incident slightly differently, telling Supreme Court Justice Seymour Rotker that one of the two men said, “Look, somebody stole my curtains.” A third witness, Villa Russo maitre d’ Kim Delucia, 28, said she was collecting the final payment for the party from Salvatore Maceli when the young father got word his friends were involved in a fight. She followed him out to the street where she said she saw five men beating a Sikh man, who was collapsed on the ground. “He was bleeding,” Delucia said. “His eye looked a little messed up. He looked out of it.” But the only one of the five defendants she identified was Salvatore Maceli, who she said continued kicking the victim even as she and her boss yanked him away. Maceli’s lawyer declined to respond to the testimony directly, but in cross-examination, pointed out that Delucia has reason to pin the blame on her guests because her boss, George Russo, is facing a lawsuit.

By Herbert Lowe Staff Writer, Newsday Five men went on trial Monday in Queens, accused of a bias attack on a Sikh spiritual leader after an argument over the alleged victim’s turban. Describing “an unprovoked attack that was based on pure hate,” prosecutors said the defendants were guilty of a “despicable display of human behavior” against the victim “because he was different.” Rajinder Singh Bammi, 55, was subjected to religious slurs and profanity before he was beaten unconscious outside the Villa Russo catering hall in Richmond Hill on July 11, 2004, prosecutors said. “It was a truly vicious, despicable act of hate,” Assistant District Attorney Elizabeth Parke said in her opening statement to Justice Seymour Rotker, who is presiding over a non-jury trial in State Supreme Court in Kew Gardens. The defendants are Salvatore Maceli, 27, his brother, Nicholas Maceli, 23, and their stepfather, Victor Consentino, 60, all of Valley Stream; Terence Lyons, 54, of Elmont; and Ryan Meehan, 25, of Woodhaven. They are all charged with second-degree assault as a hate crime, second-degree assault and second-degree harassment. If convicted, each faces up to 15 years in prison. Bammi is also known by the last name Khalsa, a Sikh honorific reflective of his spiritual leadership. That afternoon, Bammi and his cousin, Gurcharan Singh, were walking to a nearby restaurant on Lefferts Boulevard when someone within a group of four young people standing near Villa Russo insulted the men. The group, which included Nicholas Maceli and Meehan, was among the nearly 200 people attending a christening affair for Salvatore Maceli’s daughter at the catering hall. “Look, somebody stole my curtains,” yelled out one of the defendants, referring to the head dress of two Sikh men, testified Jennifer Murray, one of the other two in the group. Murray said she didn’t know who made the remark. But the fourth group member, Alison Pfluger, testified that it was Meehan who yelled out, “Why did you steal my sheets from my house?” Bammi and Gurcharan Singh challenged the group and urged it to respect their turbans as being part of their religious practice. Parke said Salvatore Maceli helped escalate the incident into a full-blown fight when he knocked Bammi down with a single punch. The defendants then punched and kicked Bammi enough that he suffered severe nasal and eye injuries, Parke said. Defense attorneys concede that the incident ensued from an inappropriate remark. But they contend the Sikh men were solely responsible for escalating the situation into a near melee. The attorneys said, for example, that even before the first punch was thrown, Gurcharan Singh refused to allow Consentino and Lyons to leave, insisting that the area was a “crime scene” because Singh had called 911. Echoing the other attorneys, Joseph Corozzo said his client, Salvatore Maceli, had no hateful intent when he ran outside to protect his stepfather. “He was summoned and he was told there was a fight,” Corozzo said.

New York Post By Ed Fountaine The day after former New York Racing Association clerk of scales Mario Sciafani and his assistant retired Hall-of-Fame jockey Braulio Baeza, were indicted by N.Y. State attorney general Eliot Spitzer for allegedly allowing jockeys to ride at weights above the legal limit, Sciafani’s attorney, Todd Greenberg of Forest Hills, said his client “absolutely denies the charges”, which Greenberg called politically motivated. “Its no coincidence this indictment against Mr. Sciafani comes on the heels of the dismissal of the federal indictment against NYRA which occurred last week,” Greenberg said. “Its obvious Mr. Sciafani is being handed up as a sacrificial lamb by NYRA so NYRA can keep its lucrative contract (to run Belmont, Aqueduct and Saratoga racetracks) which is up for renewal. “All charges in the indictment require criminal intent,” Greenberg added. “Mr. Sciafani had no criminal intent whatsoever.” Nothing that some jockeys’ equipment, such as their helmets and safety vests are not included in the rider’s weight assignment, Greenberg said “The public is not getting the true weight to begin with. I believe the customs and practices at the racetracks (including many riders’ battle to make weight) are going to be an issue in this case.” Sciafani and Baeza, suspended last January after the investigation became public, were fired Wednesday after the indictments were announced. But the five riders named as unindicted co-conspirators – Robby Albarado, Herbie Castillo, Jr., Ariel Smith, Jose Santos and Cornelio Velasques – could continue to ride at NYRA tracks for the time being, NYRA president Charles Hayward said yesterday. “For whatever reason, the attorney general chose not to prosecute the jocks and turned it over to the State Racing and Wagering Board,” Hayward said. “We had a call with (the SRWB) this morning. They’re going to convene an investigation and try and get whatever information the attorney general has so we can make a ruling on whether these guys can continue to ride. Of the five, Santos and Velasquez are the only ones currently riding in New York; neither wished to comment on the allegations. But their agents, Mike Sellitto and Richard DePass, respectively, both denied their riders did anything wrong. Sellitto, however, pointed out that before Santos rode Lion Tamer to win the $350,000 Cigar Mile last Nov. 27 at Aqueduct at listed weight of 115 pounds – one of three races in which he is alleged to have been at least seven pounds overweight – he also rode at 115 pounds two races earlier, but is not charged with being overweight in that contest.

Philadelphia Inquirer Two key New York Racing Association officials were charged yesterday with falsely reporting the weight of several prominent jockeys at the association’s three thoroughbred tracks and defrauding the betting public and the horses’ trainers and owners, state Attorney General Eliot Spitzer said. An indictment unsealed in Saratoga County Court charges NYRA clerk of the scales Mario Sclafani and assistant clerk of the scales Braulio Baeza with 291 criminal counts. Page C12, Philadelphia Inquirer, The (PA)

Washington Post Two key New York Racing Association officials were charged yesterday with falsely reporting the weight of several prominent jockeys at NYRA’s three thoroughbred tracks and defrauding the betting public and the horses’ trainers and owners, state Attorney General Eliot Spitzer said. An indictment unsealed in Saratoga County Court charges NYRA clerk of the scales Mario Sclafani and assistant clerk of the scales Braulio Baeza with 291 criminal counts, including scheme to defraud, conspiracy, falsifying business records, tampering with a sports contest and grand larceny. Sclafani, 48, pleaded not guilty at his arraignment yesterday. The 65-year-old Baeza, a Hall of Fame jockey who won the 1963 Kentucky Derby, is scheduled to be arraigned Oct. 6. The two are accused of allowing jockeys Jose Santos , who rode Funny Cide to victory in the 2003 Kentucky Derby and Preakness, Robby Albarado , Herbert Castillo Jr. , Ariel Smith and Cornelio Velasquez to ride 67 times at Belmont, Saratoga and Aqueduct from June 23, 2004, to Dec. 15, 2004, even though they were seven to 15 pounds over their announced weight. The races included 10 stakes contests, including the Grade I, $350,000 Cigar Mile. New York racing rules state that even a one-pound difference between the published weight and the actual weight must be announced to the public prior to the race and horse owners may replace a jockey if he is more than two pounds over the designated weight for a horse. “These two officials basically had one job to do and that was to ensure that the weight of the jockeys was recorded accurately and then disclosed to bettors,” Spitzer said. “Instead, they misled the public and compromised the integrity of races run by NYRA.”