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Sclafani, Baeza Charged With 291 Criminal Counts

ESPN.COM By Mark Johnson Associated Press ALBANY, N.Y. – Two key New York Racing Association officials were charged Wednesday 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 Wednesday. 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 1, $350,000 Cigar Mile. That cheated bettors out of accurate data to make their wagers, Spitzer said. 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. Sclafani and Baeza received gratuities from the jockeys, but they are not being charged with taking kickbacks in exchange for making the false entries. By falsifying the weights, Sclafani and Baeza helped the jockeys get their riding fees, Assistant Deputy Attorney General John Dormin said. “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.” NYRA said Wednesday Sclafani and Baeza have been fired. The two were suspended in January when the allegations first became known, NYRA said. The association has since instituted a number of reforms, including the use of digital scales at each of its three racetracks, to avoid future problems. Chief Executive Charles Hayward said NYRA initiated an investigation into the accusations two years ago and has “cooperated fully with all government and law enforcement agencies.” The jockeys do not face criminal charges, but Spitzer’s office is referring the matter to the New York State Racing and Wagering Board for a review of their licenses, Spitzer spokesman Paul Larrabee said. A message left on the number listed as Sclafani’s home telephone was not immediately returned. There was no number listed for Baeza. The indictments is the latest problem for an organization state Comptroller Alan Hevesi has called “the poster child for mismanagement and corruption.” In June, an audit by Hevesi’s office found NYRA gave a no-bid contract worth $797,913 to its ex-CEO’s daughter and son-in-law, issued another no-bid contract that paid a public relations firm $1.6 million, and “squandered” at least $400,000 a year on trophies. Some of the action happened after NYRA made a deal with the federal court to reform itself in the wake of a federal indictment alleging tax evasion and management failures. Last week, the U.S. Attorney’s Office and Hevesi’s office said NYRA had reformed itself enough to avoid a federal indictment and be in the running to retain its lucrative racing franchise. The private organization holds an exclusive franchise to run races at the state’s Aqueduct, Belmont and Saratoga thoroughbred tracks. The franchise is slated to expire in 2007. Copyright 2005 by The Associated Press

New York Law Journal

Threats To Harm U.S. Judge, Courthouse, Lead To Arrest

Authorities say 19 year old Queens Man Targeted Dearie New York Law Journal By Tom Perrotta Federal authorities yesterday arrested a man who allegedly threatened to kill an Eastern District judge and bomb the courthouse in Brooklyn. In several anonymous letters and telephone calls beginning late last month, 19 year old Wazir Khan of Queens said he would kill U.S. District Judge Raymond Dearie for putting his brother in jail, authorities alleged. The letters said Judge Dearie would be killed by the end of the month, “just like Atlanta” a reference to the recent shooting death of a state court judge by a man accused or rape. Mr. Khan was seen crying in the courtroom yesterday before he was arraigned around noon before Magistrate Judge Cheryl L. Pollak who ordered him held at the Metropolitan Detention Center in Brooklyn. There was no evidence that any of Mr. Khan’s relatives had been sentenced to prison by Judge Dearie. But Mr. Khan’s mother, Bibi Asgar, pleaded guilty to credit card fraud before Judge Dearie on Monday. She allegedly defrauded 10 or more victims out of more than $200,000 and faces between 5 and 6 years in prison. Judge Dearie recused himself from Ms. Asgar’s case yesterday. Mr. Khan’s attorney, Todd D. Greenberg of Addabbo & Greenberg, who also represents Ms. Asgar, said Mr. Khan denied the allegations and had no motive to harm the judge. Mr. Khan’s brother he said is just 2 years old. Judge Dearie had treated Ms. Asgar fairly, Mr. Greenberg said, holding her under house arrest rather than prison. Mr. Greenberg said he knew that the judge had recently received threats, but was “shocked” to learn about the allegations against Mr. Khan yesterday morning. Authorities alleged that Mr. Khan also mailed a letter that included a white powder and threatened a “massacre” against judges in the courthouse if they did not dismiss all cases “between March 30 and December 25”. Mr. Khan said he already had smuggled a gun inside the building and had placed a bomb on the sixth floor, where Judge Dearie’s courtroom is located, according to an affidavit from Elizabeth Rosato, an FBI agent investigating the case. One of the letters also was addressed to Judge “Westine”, a possible reference to Eastern District Judge Jack B. Weinstein. Threats to members of the bench will never be tolerated,” Eastern District U.S. Attorney Roslynn R. Mauskopf said in a statement. Ms. Mauskopf’s office said Mr. Khan could receive 10 years in prison and a $250,000 fine. During Mr. Khan’s arraignment, Mr. Greenberg asked for a change of venue due to the nature of the charges. We all are very award of the appearance of conflicts”, Mr. Greenberg told Magistrate judge Pollak. “There may be witnesses even in this courtroom.” Mr. Greenberg admitted that he had a conflict of his own, since he represented Mr. Khan’s mother. Magistrate Judge Pollak expressed concern about the situation but said Mr. Greenberg could represent Mr. Khan during the arraignment. She requested briefs on the application to change venue. Robert Nardoza, a spokesman for Ms. Mauskopf, said the investigation into the threats is “ongoing”. He would not comment on whether Ms. Asgar is a target. In a telephone interview yesterday evening, Mr. Greenberg said Ms. Asgar appeared before Magistrate Judge Pollak yesterday afternoon after Judge Dearie had recused himself. The government, Mr. Greenberg said motioned to have Ms. Asgar detained, though it did not mention charges against her son. He said Magistrate Judge Pollak denied the request and continued Ms. Asgar’s house arrest. The U.S. Attorney’s office could not be reached for comment on the latest developments. Judge Dearie and court personnel have received threats since March 31. A metal detector was recently placed outside his courtroom for additional protection. Following the murder of the Atlanta judge and the murder of the husband and mother of a federal judge in Chicago, security has been the subject of much concern at courthouses throughout the country. In the Eastern District, complaints have arisen over the reassignment of U.S. marshals to Manhattan for Southern District judges Michael B. Mukasey and Kevin Thomas Duffy, who have faced terrorist threats. Last month the Associated Press reported that Eastern District Chief Judge Edward R. Korman wrote to Attorney General Alberto R. Gonzales about the reassignment of deputy marshals, which the judge reportedly said had created a “dangerous and untenable” situation at the courthouse.

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DA Won’t Prosecute Former 102nd Pct. Community Affairs Detective Toolasprashad

Queens Ledger Detective Rudy Toolasprashad, the former Community Officer at the 102nd Precinct in Ozone Park, will not face criminal charges in connection with the yearlong NYPD Internal Affairs Division (IAD) investigation, according to his attorney Todd Greenberg. Greenberg, of the law firm Addabbo & Greenberg told Queens Ledger that Queens District Attorney’s office advised him they will not be prosecuting Toolasprashad and will be referring the matter back to IAD however the Department could still bring internal charges against Toolasprashad. The IAD investigation began in February 2004 amid allegations reported in the press that Detective Toolasprashad and other 102nd Precinct detectives took bribes from area merchants. The reports indicated Toolasprashad may have taken bribes for special parking plaques and fair permits and officers were being investigated for possibly allowing others to bypass procedures to obtain new passports after the Cultural Society’s gurdwara burned down in 2002. “We’re certainly very pleased that the criminal investigation concluded, we were confident that it would conclude because we knew that detective Rudy didn’t do anything wrong” said Greenberg. “We’re anxious now to take the next step so the police department can get him back into the community as a police officer where he is needed the most.” Greenberg said that it is Toolasprashad’s desire to go back to the 102nd Precinct community that he “loves very dearly.” His attorney said that many members of the community are delighted with the district attorney’s decision and didn’t expect anything other than this result. He added that community resident said their full support is behind Detective Rudy and they can’t wait until he gets back into the community. Toolasprashad has been working for the past year at the NYPD’s Housing Bureau in Brooklyn, where he was reassigned in February 2004 pending the outcome of this investigation. When the IAD investigation first began last year community leaders and local elected officials lined up to support Toolasprashad. Maria Thompson, president of the 102nd Precinct Community Council called him “one of our best Community Affairs officers.” “Detective Toolasprashad established an excellent reputation and is held in high regard,” praised Thomson, adding that he was a hardworking, dedicated officer of great integrity. Councilman Allan Jennings expressed his support for Toolasprashad, as did the offices of Assemblyman Brian McLaughlin and State Senator Serphin Maltese. Also supporting Detective Toolasprashad was Deputy Inspector Michael Blake. “If I did not trust Rudy, he would not have been the Community Affairs Officer,” Blake stated matter-of-factly. Latchmann Budhai, the treasurer of the community council and member of Community Board 9, said that because of Toolasprashad people have been able to learn each other’s culture. Also standing behind Toolasprashad was community resident Jagir Singh, who doesn’t quibble over his faith that the detective’s name will be cleared. “It will be proved he is innocent, without any doubt.” Detective Toolasprashad, 39 joined the police department in June of 1992. After graduating from the police academy he was assigned to the 46th precinct in the South Bronx, and subsequently he was assigned to the Deputy Commission for Community Affairs. He worked in the Youth Division. In March of 1999, Toolasprashad was assigned as a community affairs officer in the 102nd Precinct after community leaders in the largely Guyanese community requested a community affairs officer who would bridge the gap between the police and community.

queens chronicle

D.A. Files No Charges Against 102 “Detective Rudy”

Queens Chronicle By Bryan Joiner Queens District Attorney Richard Brown has decided not to file charges against “Detective Rudy” Toolasprashad, the Community Affairs officer at the 102nd Precinct who is being investigated by the NYPD’s Internal Affairs Division, Toolasprashad’s attorneys said this week. Todd Greenberg, of the law firm Addabbo & Greenberg, told the Queens Chronicle that the D.A. last week turned Toolasprashad’s case back over to the IDA without filing charges. The IAD has been investigating Toolasprashad and three other officers from the 102nd Precinct for allegedly taking bribes for parking permits along Jamaica Avenue. The officers were all reassigned in February 2004 pending the outcome of the investigation. Toolasprashad, a Guyanese immigrant, was the most visible officer arrested. He is extremely popular in the largely immigrant community of Richard hill, where the precinct is located. He was brought to the precinct in 1999 to improve relations in the multiethnic neighborhood, and so many people began attending the meetings of the 102nd Precinct Community Council that they had to move from a small venue into the spacious Moose Hall. The NYPD could still file internal charges against Toolasprashad, but the case has clearly now moved into its final stages. This is the first time there has been public news since it broke over a year ago. The IAD’s silence infuriated members of the community council, where fewer ethnic minorities have attended the meetings since shortly after the accusations were announced. Then, a standing-room-only crowd packed Moose Hall to demand answers from the IAD, which did not divulge details of the investigation. At the time, investigators from the agency walked up and down Jamaica Avenue, asking business owners whether or not the suspended officers had ever taken gifts from them. One store owner said an IAD officer asked him whether he had ever given Toolasprashad anything, including a free soda. Maria Thomson, president of the 102nd Precinct Community Council called this week’s development “great news. It’s what we knew all along. I know that he and his family will be so relieved.” Toolasprashad has worked for the last year at a desk job at the NYPD’s Housing Bureau in Brooklyn, where he was reassigned for the duration of the investigation. Greenberg said Toolasprashad “wants to go back to his community” in Richmond Hill. He added that Toolasprashad felt “some type of vindication” from the news, but was not surprised. “Through the whole thing he knew he did not do anything wrong, and he was depressed about the false allegations. But we still don’t know exactly what the allegations were,” Greenberg said. According to published reports, Toolasprashad was investigated for possibly taking bribes from store owners and for allowing Sikhs to bypass certain procedures to obtain new passports after the Sikh Cultural Society’s gurdwara burnt down in 2002. Sikh Cultural Society members have denied those allegations. Toolasprashad was known for freely giving out his cell phone number to members of the community and helping residents who called him at all hours of the night. Now he may be one step closer to returning to that role. “We want to get him back on the street where he belongs,” Greenberg said.

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Man to Get 10 Years in Plea

By: Herbert Lowe Staff Writer A New Jersey man pleaded guilty to manslaughter yesterday in the 1999 beating death of Manhattan community activist Armando Perez. When Mr. Perez punched me in my face, I lost it, Shaguye Colbert, 29, of Newark, told Justice Robert Hanophy in State Supreme Court in Kew Gardens. I didn’t mean to kill him, Colbert said as Perez’s widow and several of her supporters looked on. He hurt me and I intended to hurt him back. Perez, 51, was killed on April 3, 1999, in front of the Ravenswood Houses in Long Island City. A democratic district leader on the Lower East Side, Perez was visiting his wife, Marianne, when he became involved in a random dispute with Colbert, who was leaning on Perez’s car, prosecutors said. Colbert will be sentenced to 10 years in prison on June 16. Malik Hill, 26, also of Newark, pleaded guilty to manslaughter in June for helping Colbert beat Perez to death. Hill, who is awaiting sentencing, was to testify against Colbert as part of the plea deal calling for Hill to spend 8 years in prison. Police initially arrested four men in the case based on two witnesses’ accounts. Prosecutors dismissed the charges after a new witness identified Colbert, who in turn led police to Hill. I’m not letting these four boys go down for a murder they didn’t commit, Colbert’s attorney, Todd Greenberg, quoted his client as telling authorities in 2002 from the New Jersey jail where he was serving time after pleading guilty to complicity to a robbery. Perez ran with a street gang for a time before turning to community activism. In 1979, he helped convert a dilapidated school building in Manhattan into Charas/El Bohio, a center for struggling painters, dancers and actors. Marianne Perez, 47, Councilwoman Margarita Lopez (D-Manhattan) and nearly a dozen supporters said after Colbert’s plea that he showed too little remorse. He may have been sentenced to 10 years, but I hope that it’s a life sentence, Marianne Perez said, that he doesn’t ever walk out of there alive. It may sound bitter, but I’m angry. Lopez cried from her courtroom seat as Colbert spoke. It blows me away that the man doesn’t have any remorse, she said.

the new york times

2nd Attacker Pleads Guilty in Community Leader’s Death

By: Corey Kilgannon Five years after a prominent East Village community leader was beaten to death on a street in Queens, a New Jersey man pleaded guilty yesterday to manslaughter, bringing a case that had galvanized the victim’s friends and family close to a resolution. The attacker, Shaguye Colbert, 29, of Newark, entered his plea in State Supreme Court in Queens, admitting his role in the April 1999 killing of Armando Perez, 51, who had risen from an East Village street gang to be an elected Democratic district leader in the neighborhood and a longtime member of Community Board 3 there. Justice Robert J. Hanophy indicated that he would sentence Mr. Colbert on June 16 to 10 years in prison for first-degree manslaughter. The sentence did not satisfy Mr. Perez’s loved ones and friends, who had fought to bring his killers to justice. ‘He doesn’t have any remorse,’ Marianne Kunitz-Perez, 47, Mr. Perez’s widow, said of Mr. Colbert. ‘He doesn’t seem to realize the gravity of what he’s done. It’s horrible. I hope he doesn’t walk out alive.’ Mr. Colbert was one of two men to admit guilt in Mr. Perez’s killing. The other assailant, Malik Hill, 26, of Newark, pleaded guilty to the same charge in June 2003 and is being held in jail while awaiting sentencing. It could not be determined yesterday why he had not been sentenced yet. Mr. Perez, who had been separated from his wife at the time of the attack, had been visiting her in her apartment in the Ravenswood Houses in Long Island City on April 3, 1999, the night of the attack. Outside the apartment, he became involved in an altercation with Mr. Colbert and Mr. Hill, the authorities have said. He was severely beaten, suffering fractured ribs, a lacerated spleen and brain injuries, and died the next day at Elmhurst Hospital Center. Mr. Perez’s death was not initially investigated as a homicide, prompting friends and family to work feverishly to convince the authorities that he was a victim of foul play. His friends suspected homicide because, they said at the time, he had made enemies as an outspoken community advocate. Mr. Colbert, who has been in jail since January 2002, appeared in court wearing a gray sweatsuit and handcuffs. He said he chose to plead guilty to manslaughter rather than be tried for second-degree murder, for which he was indicted in 2002. ‘I just want it over with,’ he said. ‘I want to move on with my life.’ His lawyer, Todd D. Greenberg, said that Mr. Colbert fought back in self-defense after Mr. Perez started the fight. ‘He said he just lost it because the deceased tried to punch him,’ Mr. Greenberg said. But Ms. Kunitz-Perez dismissed the possibility that Mr. Perez had attacked the much younger men. Although he had a wild side as a young man, she said, Mr. Perez shunned violence as he grew into middle age and refused to be provoked. ‘The last 10 years of his life he would cross the street to avoid groups of teenagers,’ she insisted. ‘He’d say: “I’m older now. I can’t get into any fights like a young man.”‘ Ms. Kunitz-Perez said her anger over her husband’s death persuaded her to become a school safety agent at a Queens school. ‘I had a lot of anger at these thugs and wanted to learn more about the law,’ she said. After his death, Mr. Perez was mourned by several hundred people in the Lower East Side with protests, poems, a mural and a garden dedication. The young Mr. Perez joined an East Village street gang and later turned to community activism, helping in 1979 to renovate a dilapidated school building on East Ninth Street in Manhattan and create the Charas/El Bohio cultural center, with space for artists’ studios and theater groups. At the time of his death, Mr. Perez was fighting the sale of the building to a developer. The Queens district attorney, Richard A. Brown, said yesterday, ‘The crime that ended the life of an inspirational community leader who had worked tirelessly to make things better for others was the result of a sidewalk dispute that escalated into mindless violence.’ Councilwoman Margarita Lopez of the Lower East Side, a longtime friend of Mr. Perez’s, was in court yesterday for the guilty plea. She agreed with Ms. Kunitz-Perez that the 10-year sentence for Mr. Colbert was much too lenient. ‘He gets a 10-year sentence for taking the life of a human being?’ Ms. Lopez said. ‘There’s something wrong with this process.’

daily news

Clear Cop in Death of Biker

By HUGH SON DAILY NEWS STAFF WRITER A veteran cop accused of killing a young Brooklyn motorcyclist while driving drunk was acquitted of all charges yesterday, a verdict that outraged the victim’s family. Off-duty Officer Victor Wilson, 43, had just left a Bay Ridge bowling alley when he crashed into Stefanos Kiladitis’ motorbike at 88th St. and Fort Hamilton Parkway on June 19, 2002. Kiladitis landed 30 feet from his Yamaha motorcycle and died of his injuries three days later. Defense lawyer Todd Greenberg said that jurors believed Wilson’s bowling buddies and an arresting officer on the scene who testified that the cop appeared sober, despite a test that found otherwise. An Intoxilyzer test administered by cops two hours after the crash found Wilson’s blood-alcohol level to be 0.11% – 0.1% above the legal limit – but the test was shown to be unreliable, Greenberg said. ‘This basically says if you’re a cop you can do something wrong and get away with it,’ said Despena Vasiadis, 25, fiancee? of Kiladitis’ brother John. Another factor in the verdict was that Kiladitis, 21, was traveling along Fort Hamilton Parkway at 55 mph above the speed limit, sources said. ‘Although we’re pleased with the verdict, Mr. Wilson wants the Kiladitis family to know that he certainly shares their sadness,’ Greenberg said. Wilson, of Tottenville, S.I. had been charged with vehicular manslaughter and criminally negligent homicide. Greenberg called for the suspended cop to be returned to active duty.

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Off-Duty Cop Acquitted in Fatal Crash

Staten Island Advance By REGINALD PATRICK A Livingston police officer, charged with driving drunk while off-duty and fatally injuring a motorcyclist in Brooklyn, walked out of a Brooklyn courtroom a free man yesterday. Victor Wilson of Davis Court, a 12-year NYPD veteran assigned to the North Shore-s 120th Precinct, was acquitted of vehicular manslaughter and criminally negligent homicide charges in the death of Stefanos Kiladitis, 21 of Bay Ridge. Wilson faced up to seven years behind bars if convicted. A Brooklyn Supreme Court jury deliberated a day and a half before returning the verdict. As the jury foreman, a stocky, gray-haired man, relied -not guilty- to each charge, shouts of relief rose from the half-dozen Wilson supporters in the courtroom. On the other side of the room, several members of the Kiladitis family broke into tears. The parents of Stefanos Kiladitis called the verdict a painful miscarriage of justice. -A police officer did this thing,- said Eletherios Kiladitis, the victim-s father. -He knows the law and he knows he-s guilty.- Fighting back tears, the young man-s mother, Kalliopi Kiladitis, said, -My son died three days after his 21st birthday and we have to bear this pain forever.- Both parents recalled their son, who had been working as a mechanic, as an affable outgoing young man with many friends and a great future. -He was wonderful,- said Kiladitis. -He was always making people laugh, helping people out. He had friends of all nationalities. He was a great kid.- Wilson declined comment as he left the courtroom with his family and friends. Defense attorney Todd Greenberg, while clearly pleased by the verdict, said -there will be no celebration- of the decision, out of respect to the Kiladitis family. -Victor was relieved and we were both crying at the verdict,- Greenberg said, adding that Wilson felt sadness and sympathy for the Kiladitis family-s loss. Several of Wilson-s female family members hugged and kissed the defense attorney as he came out of the courtroom. Greenberg said Wilson is anxious to put the case behind him, return to full active duty on the police force and move on with his life. Wilson remains on administrative duty. The Police Department will review the case and see if a departmental trial is warranted, according to Detective Kevin Czartoryski, a police spokesman. Wilson was accused of driving drunk and running a red light at the intersection of Fort Hamilton Parkway and 88th Street in Bay Ridge, striking Kiladitis- motorcycle. The incident occurred on the night of June 19, 2002. Kiladitis suffered severe head injuries and died three days later. Wilson was arrested after a Breathalyzer test taken two hours after the crash showed a blood alcohol level of .116, according to police. The legal limit was .10 at the time. Greenberg mounted a three-pronged defense. He sought to convince jurors his client had not run a red light and that, in fact, the light had been changing when his client entered the intersection – which was hotly denied by the prosecution. The defense attorney also hammered away at the idea that Kiladitis, by speeding on Fort Hamilton Parkway, had triggered the crash. But central to Greenberg-s case – since Wilson was accused of being impaired while operating his car – was refuting the charge that Wilson was drunk on the night of the crash. The defense attorney suggested the Breathalyzer reading was inaccurate because the device had not been properly maintained and operated by the NYPD. He noted that the manufacturer of the device suggested monthly testing, which had not been done. Greenberg also pointed to a number of witnesses at the bowling alley where Wilson had bowled before the accident and at the accident scene – including police officers – who reported that his client had not appeared to be intoxicated. And he blasted the prosecution, in holding up the blood tests, as pushing -bad science- to convict his client. A key prosecution witness – one of two other motorcyclists who had been riding along with Kiladitis on the night of the accident – testified the light on Fort Hamilton Parkway was solidly green when Kiladitis entered the intersection at 88th Street, meaning Wilson-s light had been red. But the jury apparently discounted that testimony. Ironically, this prosecution witness, while testifying that Wilson had run a red light, said the veteran cop had not appeared drunk when he confronted him. The witness, Thomas Blachette, 22, of Bay Ridge, said Wilson appeared to be a daze. Assistant District Attorney Maureen McCormick, her face flushed, seemed shocked by the not-guilty verdict. But she declined to second-guess the jury. -The jury carefully weighed the evidence and rendered its decision,- she said. -We have to respect that.- TAG – Advance news reporter Sam Dolnick contributed to this report. Reginald Patrick is a news reporter for the Advance. He may be reached at Patrick@siadvance.com

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Jurors Review Testimony Of Key Witness In Cop Trial

Staten Island Advance Panel gets read-back of statement by motorcyclist who accompanied victim allegedly hit by officer By Reginald Patrick Advance Staff Writer In its first full day of deliberations yesterday, the jury in the trial of an off-duty Staten Island cop charged with fatally injuring a Brooklyn motorcyclist while driving drunk reviewed the testimony of a key eyewitness to the fatal crash. The panel requested a read-back of the testimony of Thomas Blanchette, 22, of Bay Ridge, one of two other motorcyclists accompanying the victim, Stefanos Kiladitis, 21, also of Bay Ridge, when Kiladitis was struck at the intersection of 88th Street and Fort Hamilton Parkway on the night of June 19, 2002. Blanchette, the first witness called to the stand, said Kiladitis, who was headed up the parkway, had a green light and was set to motor through the intersection when the car driven by Victor Wilson of Livingston, a 12 year NYPD veteran assigned to the 120th Precinct, shot in front of the motorcyclist. “He just came right in front of Steve,” Blanchette testified, “He was there in a split second.” The collision sent Kiladitis flying through the air, landing about 30 feet from his Yamaha motorcycle, the witness said. “I ran to Mr. Wilson’s car and I was screaming, “You ran a red light, what’s wrong with you?” Blanchette said. He said Wilson didn’t appear to be drunk, but did seem dazed and uncommunicative. Kiladitis lay in the street, gasping for air and bleeding from the nose and ears, Blanchette said. He died three days later. Wilson faces up to seven years behind bars on charges of criminally negligent homicide and vehicular manslaughter. Drunken driving charges have also been leveled against him. He was arrested after a Breathalyzer test taken about two hours after the accident showed a blood alcohol level of .116, according to police. The legal limit was .10 at the time. Jurors yesterday also asked to see a prosecution videotape showing the timing of the traffic lights along the section of Fort Hamilton Parkway where the crash occurred and reviewed the testimony of a city Department of Transportation official with the signal division, outlining how the lights in the area are timed. Todd Greenberg, Wilson’s lawyer, maintains the traffic light on 88th Street was not red when his client entered the intersection at Fort Hamilton Parkway. He has also stressed that witnesses at the accident scene and at the Bay Ridge bowling alley where Wilson had been earlier in the evening said the off-duty cop didn’t appear to be intoxicated, though he conceded his client had consumed some beer that night. Greenberg said Kiladitis triggered the accident by driving recklessly and speeding on the parkway. Neither the defense nor the prosecution was willing yesterday to speculate on which way the jury was leaning, based on the read-backs requested. “It’s hard to predict what it all means,” Greenberg said. “But it does show this jury is attentive to the issues.” Deliberations continue today. Reginald Patrick is a news reporter for the Advance. He may be reached at.

daily news

Crash Cop Trial Goes to Jury

Officer could get 7 years. in fatal DWI By Nancie K. Katz Ð Daily News Staff Writer A jury began deliberating yesterday on vehicular manslaughter charges against an off-duty cop accused of driving drunk when he collided with a motorcyclist. Officer Victor Wilson, 43, of Tottenville, S.I., could face up to seven years in prison if convicted of vehicular manslaughter and criminally negligent homicide. Wilson’s vehicle struck Stefanos Kiladitis’ motorcycle on June 19, 2002, at 88th St. and Fort Hamilton Parkway, according to testimony. The 21-year-old motorcyclist died from his injuries three days later. During a three-week trial in Brooklyn Supreme Court, Wilson contended he was not drunk when he was driving home after bowling with friends. His attorney called the collision a “terrible accident” and accused Kiladitis and his friends of using Fort Hamilton Parkway as a private racetrack, speeding at least 25 mph above the 30 mph limit. He said Wilson did not show any signs of intoxication. Kiladitis’ family has accused the NYPD of protecting its own in the collision. Prosecutors charge the Staten Island cop ran a red light after drinking at a bowling alley while off-duty. Two hours after the accident, Wilson’s blood-alcohol level was measured at 0.11 – .01 above the legal limit. A police officer who arrested Wilson said he did not detect any alcohol when he arrived at the scene, but he testified that a state highway officer suspected Wilson was intoxicated. Even though he knew Wilson had failed his sobriety test at the scene, Sgt. Bruno Bolusi told jurors that he considered him fit for duty based on his observations. During the trial, prosecution and defense attorneys presented witnesses who gave differing views of the cop’s sobriety when the accident occurred. Following the tragic deaths in August 2001 of a pregnant Sunset Park woman her son and her sister, who were mowed down by drunken off-duty cop Joseph Gray, the NYPD has vowed to crack down on officers who drive while intoxicated. Gray was sentenced to five to 15 years in prison. Wilson has been suspended from the force.

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Jury To Get Case Of Cop Accused In Motorcyclist’s Death

Staten Island Advance By REGINALD PATRICK ADVANCE STAFF WRITER The case of Victor Wilson, the Livingston cop accused of driving drunk while off-duty and fatally injuring a motorcyclist in Brooklyn, was scheduled to go to the jury today. The prosecution and defense presented their closing arguments yesterday in Brooklyn Supreme Court. Wilson, who is assigned to the North Shores 120th Precinct, faces up to seven years behind bars if convicted of negligent homicide and vehicular manslaughter in the death of Stefanos Kiladitis, 21, of Bay Ridge. Wilson stands accused of running a red light at a Bay Ridge intersection on the night of June 19, 2002, while impaired by alcohol. He was arrested after a Breathalyzer test taken two hours after the crash showed a blood alcohol level of .116, according to the police. The legal limit was .10 at the time. Defense attorney Todd Greenberg delivered a two-and-a-half-hour summation, raising questions about everything from the reliability of the police blood test to the accuracy of the charge that Wilson had sped through a red light. Greenberg called the deadly crash a tragic accident that didn’t warrant a criminal trial. This is a matter for the Civil Court, not a criminal court, Greenberg insisted. He repeated a charge leveled during the trial that Kiladitis’ recklessness and speeding may have caused the crash. Greenberg noted that one eyewitness, a male model living in Bay Ridge, testified that the Brooklyn motorcycle rider did a “wheelie” and was looking back at his friends and not straight ahead as he sped into the intersection. Stefanos Kiladitis is a victim here and the members of his family are victims, Greenberg said. And that’s sad. But he’s an accident victim, and not a victim of a crime. The evidence doesn’t show that. It would be equally tragic to convict somebody on these charges. Assistant District Attorney Maureen McCormick, in a one-hour summation, countered that the deadly crash was not an unavoidable event. She said Wilson, a 12-year veteran of the NYPD, made a “choice” to get behind the wheel while impaired and then tried to run a red light at the intersection of Fort Hamilton Parkway and 88th Street. This wasn’t an accident in the normal sense of that word, she said. There was a choice to go through with it. Being under the influence of alcohol and passing a red light was a criminally negligent act. A series of choices made the death of Stefanos Kiladitis an inevitability. Jurors were shown a videotape clip of the accident scene. The force of the impact threw Kiladitis almost 100 feet through the air. When he landed he suffered broken ribs, a collapsed lung and a fractured skull. He died several days later. Throughout the three-week-plus trial, the prosecution largely pegged its case against Wilson on test results and a blood sample analysis, as well as the testimony of toxicologists concerning the probably amount of alcohol Wilson drank that night. One expert told jurors that Wilson, who had been bowling at a Bay Ridge alley before the crash, could have drunk as many as nine beers that night. Despite what he described as questionable readings from the Breathalyzer used at the accident scene, Greenberg, in his summation, told jurors that no one at the bowling alley earlier that evening or at the accident scene, including police officers, described Wilson as appearing drunk. The prosecution is relying on the science of these intoxication tests, Greenberg said. But on the other hand, we have the testimony of people who use their senses to look for signs of intoxication. People who bowled with Victor Wilson. People who came to the accident scene. Police who are trained to determine whether someone has been driving while drunk. As the summations were delivered, Wilson, wearing a tan suit and black shirt, sat impassively at the defense table, occasionally sipping from a bottle of water. Kiladitis family and friends filled a row of the courtroom. Reginald Patrick is a news reporter for the Advance. He may be reached at.

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Defense Team Tries to Discredit Toxologist’s Testimony on Defendant’s Alcohol Intake

State Island Advance Livingston cop is on trial for drunken driving and fatally injuring a motorcyclist Saturday, March 20, 2004 By: SAM DOLNICK ADVANCE STAFF WRITER The defense lawyer for a Livingston police officer, on trial for drunken driving and fatally injuring a motorcyclist, tried yesterday to discredit a toxicologist who testified for the prosecution regarding the defendant’s alcohol intake. Dr. Jesse Bidanset, a forensic toxicologist with more than 30 years of experience, testified Wednesday that Police Officer Victor Wilson of Davis Court, who was off-duty at the time, must have drunk eight to 10 beers on the night of June 19, 2002, judging from a breathalyzer test taken six and a half hours after the crash. Wilson, who had been assigned to the North Shore’s 120th Precinct, is accused of driving drunk and fatally injuring Stefanos Kiladitis, 21, of Brooklyn, nearly two years ago. If he is convicted of vehicular manslaughter, Wilson, a 12-year NYPD veteran, could be sentenced to seven years in prison. Defense lawyer Todd Greenberg yesterday called Dr. Bedanset”s methodology flawed, the computer program he used suspect, and his calculations misleading. The witness defended his testimony and said his conclusions were ‘precise and accurate.’ Yesterday’s cross-examination centered on technical details such as absorption rates, specific toxicological tests, and a calculation called ‘retrograde extrapolation.’ It’s unclear whether the jury fully understood the terms of art, but if it’s any indication, two jurors slept through most of the day’s proceedings. Wilson registered a .116 percent blood alcohol level in a Breathalyzer test nearly two hours after the accident. The legal limit at the time was .10 percent, but it has since been lowered to .08 percent. According to Dr. Bidanset, a blood sample from Wilson taken at 5:12 a.m. the morning after the accident registered a .019 and a .020 percent blood alcohol level. Sam Dolnick is a news reporter for the Advance. He may be reached at

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