Monthly Archives: July 2009
Operation Bloodette busts alleged drug ring run by female gang members
You don’t see this every day huh? Females being arrested for major drug crimes. This case will be very interesting for a number of different reasons.
First off, the attorneys for the adults will have to hook up with the attorneys for the juveniles. The State will try to waive the juveniles up to adult court and this will be done before the adult cases go anywhere. The attorneys are going to get a free crack at some of the detectives that testify at the waiver hearing. It will help everyone if they all work together. The best part is, assuming all juveniles can be waived, there will be 12 waiver hearings so each hearing should build on the last one. Rarely do attorneys get such an opportunity to create so much discovery so early.
Second, as an attorney for the big fish, you just have to know that some of the little fish will flip at some point, especially if they have bad attorneys. However, the charges are so serious that a few small fish testifying against your client may not be the end of the world.
Third, the discovery in this case is going to be massive. Making sure that you have everything is going to take quite a while. The more cooks in the kitchen, the messier things can get.
In other words, sounds like a fun case. Some attorneys hate a lot of work, but this is what I live for. The plea offer will probably be pretty high so why not take the next two or three years and fight the case?
For Immediate Release
Tuesday, July 28, 2009
Drug Ring Directed by Female Gang Leaders Dismantled
Essex County Prosecutor Paula Dow, New Jersey Attorney General Anne Milgram, Special Agent in Charge of the Drug Enforcement Administration/New Jersey Division Gerard McAleer, Statewide Director of Gangs, Guns and Violent Crime Control Strategies Jose Cordero, Essex County Sheriff Armando Fontoura, East Orange Police Chief Ron Borgo, and Newark Police Director Garry McCarthy today announced the arrest of 43 gang members and their associates, in connection with the dismantling of a female-led gang that was trafficking narcotics in Newark, East Orange, Orange, and Montclair.
The investigation was part of the statewide anti-gang initiative coordinated by the Attorney General’s Office in connection with the Governor’s Strategy for Safe Streets and Neighborhoods.
Initiated in January 2009, the joint investigation dubbed “Operation Bloodette” traced an elaborate PCP, cocaine, crack cocaine, and marijuana distribution ring that sold significant quantities of drugs to gang members and their associates of the 464 PIRU and Sex Money Murder sets of the Bloods. Undercover detectives from the Essex County Prosecutor’s Gang and Narcotics VIPER Unit, East Orange, Newark, Montclair and Orange police departments, along with the Essex County Sheriff’s Office and the U.S. Drug Enforcement Administration recovered narcotics including: 62 ounces of PCP, 13.3 grams of heroin (266 decks), 54 grams of cocaine, and 36 grams of marijuana, with a total estimated street value of $133,000. In addition, four fully-loaded handguns, 138 rounds of ammunition, and more than $21,000 in cash were seized. It is alleged that the operation was distributing more than $50,000 worth of narcotics per week or more than $2.6 million per year.
The alleged ring leaders, Iyesha Harrison, 25, of East Orange, and Tyesha Stephens, 30, of Newark, were orchestrating the operation primarily from two locations: the South Orange Ave. vicinity bordering East Orange and Newark, and Stephens’ apartment on Elizabeth Ave. in Newark. On July 13, defendant Harrison was arrested and charged with leader of a narcotics trafficking network (first degree), distribution of CDS (third degree), distribution of CDS within 1,000 ft of a school (third degree), conspiracy to distribute CDS (second degree), and employing a juvenile to distribute CDS (second degree). On June 15, defendant Stephens was arrested and charged with possession of CDS (third degree), possession of CDS with intent to distribute (first degree), possession of CDS with intent to distribute within 1,000 ft of a school (third degree), possession of CDS with intent to distribute within 500 ft. of public housing (second degree), and two counts of endangering the welfare of a child (second degree). Both women are being held in the Essex County Jail. Bail for both was set at $300,000.
Of the 43 defendants arrested, 12 are juveniles and 31 are alleged to be gang members and/or associates.
“With these arrests, we have dismantled a drug ring led by two female members of the Bloods that was dealing more than $50,000 a week in PCP, cocaine, crack cocaine and marijuana,” said Attorney General Anne Milgram. “While the threat posed to our communities by these criminal enterprises is the same whether they are led by men or women, it is disturbing that gangs have evolved to exert the same destructive control over the lives of young women that they have over young men, enlisting them in deadly violence.”
These criminal charges are mere accusations. Defendants are presumed to be innocent unless and until proven guilty in a court of law.
As predicted, charges upgraded in American Idol case
As I predicted a few hours ago, Daniel Bark is now facing some additional charges aggravated manslaughter, death by auto and eluding police, all related to the death of American Idol contestant Alexis Cohen. His bail is now set at $150,000.
I think the Agg Man charges are going to be tough for the State to prove here because Bark was not arrested until the next day. Thus, it will be tough for the State to prove that he was highly intoxicated which is usually required for an Agg Man charges in this context. Thus, my guess is a plea is eventually worked out for about 10 years.
Story is here.
Charges could be upgraded in case involving death of former American Idol contestant Alexis Cohen
Former American Idol contestant Alexis Cohen struck by a car as she was killed on Saturday while walking near the intersection of Bay Boulevard and Dupont Avenue in the beach town of Seaside Heights. Police allege that 23 year old Daniel Bark struck her with his car causing fatal head, chest and abdomen injuries.
Bark fled the scene and was arrested at 6 p.m. on Sunday in Atlantic Highlands which is about an hour or so north of Seaside Heights. He is in jail on $35,000 bail.
Right now he is only charged with reckless driving and leaving the scene of an accident. My guess is that Bark was at intoxicated to some extent so I expect that homicide charges will be filed shortly. As a result, his bail will be much higher.
This is going to be a high profile case and everyone will be watching what happens due to the American Idol connection. As a result, Bark needs an attorney that will hit the ground running and start preparing for trial today! That is his best hope to avoid a lengthy prison sentence.
Story is here.
Princeton High School coach indicted for sexual assault
James Kearney Jr., aPrinceton High School girls’ basketball coach has indicted on two counts of sexual assault for an alleged affair he had with a 17 year old student. Not really sure why they went with the indictment as they could have worked this out beforehand.
My guess is that he will plea out to a 4th degree and get probation. He will do this through a union attorney and it will be all done in a few months. That’s how many of these cases are handled which is why I see a lot of attorneys come in my office but so many of them opt for the free representation. I’d like to see one of these cases go to trial as it would be a great jury nullification defense. While you can’t exactly argue that explicitly, that’s really what this is and everyone knows it.
Story is here.
Two great trial victories for our firm this month
At my firm, we are trial lawyers. Its a lot of fun but it is also very stressful because we actually care about our clients (unlike some attorneys I know). Thus, if I were to lose a trial, I would be very upset. This month featured two trials for our firm and we got great results for both of them.
The first was my case. My client was charged with possession of a handgun without a permit, possession of hollow nose bullets and resisting arrest. It was a tough case as the resisting arrest charge made it look like he was guilty of the handgun charge. However, I was able to show that the police did literally no investigation. A rookie cop saw a black man with a gun and decided that it was case closed.
I first picked a great jury that was eager to hear the “other side of the story” and I worked that into the theme of my case. My client was well prepped for trial and he did a great job even though he has some learning and memory issues. I was able to break things down for him so he could understand, process and remember key points.
The tough part of the case came from the jury instructions. The way NJ is set up, possession of a handgun is almost a strict liability crime. If you pick up a gun for any reason, even to prevent injury to someone else, you can be found guilty of a crime that will land you in prison for five years regardless of who you are.
In the end, the jury got confused on this issue. My client was acquitted on the bullets and resisting charge and the jury hung on the handgun charge. Now the State’s case got incredibly weaker, I am hopeful that we can work this out and keep a great guy out of prison.
The other case was even tougher. The client was facing major cocaine distribution charges in addition to minor marijuana charges. The marijuana charge wasn’t really at issue as the coke charge was the main focus since that charge would have landed him in prison for decades.
The police allege that our client ditched the coke in the police car after he was arrested. The arresting officer alleges that he checked the car regularly even though there was no policy that directed him to do so. However, a mere three days after this case, such a policy was instituted. Hmm, wonder why that was? Thus, the trial turned on whether or not the jury bought the cop’s story.
In the end, skillful cross examination convinced the jury that the police were full of it when they returned a not-guilty verdict on the cocaine charges after just a few short hours of deliberations.
In the past five years, our firm has tried many cases with almost all of them ending in either a total acquittal, hung jury or an otherwise great verdict. This has added to the firm’s impressive success rate that has been built up over 30 years.
Lobster thief gets four years in prison
This is a wierd case for many reasons. Anthony Jones has previously admitted he took frozen lobsters from Bally’s Atlantic City and tried to sneak them out in his jacket and backpack. He was stopped by casino security and later arrested. A few months ago, he pleaded guilty to burglary. Today, he was sentenced to four years in prison. The lobsters were worth $1,275.
I can only assume that he had a prior record since four years is pretty crazy for this type of offense. In addition, I assume that he didn’t hire an attorney as this should have never even been indicted. You get it busted down to Atlantic City municipal court, pay the casino for the lobsters, pay a fine and move on with your life. Just don’t see four years for this at all.
Story is here.
Howell man charged with sexually assaulting 13 year old girl
Viktor Zhadanov, 26, of Howell was charged with sexually assaulting a 13-year-old Morris County girl he met in an online kids’ chat room, after police found him alone with her in his SUV at 1 a.m.
The girl allegedly reported that she had previously met Zhadanov on another occasion when she performed a sex act on him. They allegedly met in a kids’ online chat room where he used the name Slave and claimed to be 15 years old and from Newark.
Zhadanov gave a statement and told police that he drove from his home in Howell to meet the girl on a few occasions but he denied knowing her age or that he engaged in any sexual activity with her. However, there is no indication as to how he claims met her.
This case will likely turn on whether or not the State can prove the computer evidence. If they can’t, the entire case will turn on the girl’s credibility. You kind of have to wonder about a 13 year old girl that is allowed to go out at 1am and what type of family she comes from. Thus, he may have a decent shot here.
Story is here.
Crisis counselor charged with sexual assault of 4 children
Jerry Jones, a crisis intervention counselor who works for the Union County Division of Youth Services was arrested on charges of sexual assault involving four children. The children range in age from 6 to 14 years old. He is charged with three counts of first-degree aggravated sexual assault, one count of second-degree sexual assault and one count of second-degree endangering the welfare of a minor.
The investigation began after a boy told his parents that Jones had assaulted him and a further investigation revealed additional victims. This sounds like a real tough case as it is really four cases. Thus, to win, a defense attorney would have to win all four cases. The State has to just win one in order to put him away for a long time.
His best bet is to work out a deal and to work it out sooner rather than later. With his older age, you want to stay away from anything that could be a de facto life sentence.
Story is here.
Man charged with sexually assaulting 10 year old in New Brunswick
Jeffrey Hagood, of Commercial Avenue in New Brunswick has been charged with aggravated sexual assault, sexual assault, and endangering the welfare of a child in connection with his alleged assault off a 10 year old girl. There is no indication as to how he knew this girl, but my guess is that she was the daughter of a girlfriend or other friend that was staying with him.
The case started with an anonymous tip to DYFS and he was eventually arrested. Again, my guess is that he made a statement where he admitted to the assault. Otherwise, these cases are tough to prosecute without a statement.
Story is here.
670 pot plants seized from alleged pot farm
Eric Defelice was arrested and charged with first-degree maintaining and operating a controlled dangerous production facility. The farm allegedly used hydroponics techniques and was located inside a single-family dwelling at 110 N. 10th St.
Police allege that he operation seems to have been running fora few years because of the equipment that was found at the home. That consisted of hydroponics equipment, transformers, high-voltage lights, a self-contained exhaust ventilation system and an air purification unit and fan.
This is a tough case as it would be tough to take this case to trial. It is hard to argue that you didn’t notice 670 marijuana plants in your house and that someone else must have put them there. You also can’t say that these are for your own use. I’m sure the police had a search warrant and those are rarely easy to attack.
I would want to know more about his life and whether he was a big pot guy or whether he was living an expensive lifestyle. I’ve had cases like this before and have had great success at focusing more on the character of the client than the facts of the case.
Story is here.
Tonacchio Law LC 