Category Archives: News

Union City High School teacher is charged with sexual contact with student

Gabriel Vasquez, a physical education teacher from Union City High School was charged with criminal sexual contact with a 16-year-old female student in his home.  Vasquez, 28 of North Bergen, was also charged with endangering the welfare of a child and official misconduct.  Since he was not charged with sexual assault, he is not alleged to have had sexual intercourse with the student. 

Vasquez is also an assistant football and lacrosse coach.  The victim’s mother contacted school officials after finding out about alleged crimes that occurred this month.  The school then noified the Union City police.  Oddly enough, the official misconduct charges may be the most serious charges that he faces.  My guess is that he will get a union attorney who will quickly plea him out to at the most, a 3 flat, but more likely probation with a small jail term.

Story is here.

Ocean Township is party central!

What is up with Ocean Township.  It seems like every few months, there is a news article about a huge underage drinking bust.  Either Ocean Township is the new party central or the Ocean Township police are good out finding out about these parties and busting them.

Summonses were issued to 38 adult partygoers, for violating a township ordinance that prohibits underage alcohol possession on private property.

Article is here.

Judge rules gang expert and prosecutor can testify in barbershop murder trial part two

I’ve cross examined a sitting judge before but never a prosecutor. In Ocean County, Judge Daniels has ruled that a State gang expert and the prosecutor for the first barbershop murder case can testify at the second trial.  Normally, I would love to cross examine a prosecutor but knowing this prosecutor personally, I doubt that the defense is going to trip him up at all.  All I have to say to the defense attorneys in this case is good luck.

James Russell, Jamell Scott, Lee Reeves and Trishawn Cochran, all reputed members of the Bloods street gang, will be on trial for the alleged murder of Athelma Vazquez and the attempted murders of her teenage daughter and her daughter’s boyfriend, Christian Vivar Granados.  Granados was the state’s only witness to implicate Russell, Scott and a third man, Tyleek Baker of Manchester, in the murder of Jose Francisco Olivares.

Olivares shot and killed at the Man, Woman and Child barbershop in Lakewood on Feb. 7, 2006. Russell, Scott and Baker have already been  convicted of his murder.

Story  is here.

8 arrested in massage parlor raid

This just sounds like a real BS case and I think most of these are.  On Friday, police raided Authentic Healing, a massage parlor on Route 36 in Keyport.  Money and records were seized during the raid.  Three women were arrested in the afternoon: Shakia Hawkins, 27 of Carson Avenue, Perth Amboy; Carolonia Gutierrez, 26, of 26th Street North Bergen; Patricia Desouza, 23 of Summer Village Court, Newark.

It seems like the police hung around and waited to see who showed up as five men were arrested that night:  Ronald Denig, 34, of Bordentown Avenue, South Amboy; Kurt Scaduto, 27, of Central Avenue, Brick; Martin Brown, 42, of Martinsville; Anthony Trabachino, 23, of Cliffwood Avenue, Aberdeen; and Alex Disaccia, 52, or Royal Oaks Drive, Toms River.

Everyone was charged in engaging in prostitution which I have a big problem with.  Where is the evidence to support this charge?  Hawkins was also charged with possession of marijuana and ecstasy.  The three women were associated with owner, Sandra Espinosa, 34, of Park Avenue in West New York, and Pallisades Avenue in Garfield. Charges are pending against Espinosa which could mean big trouble for her as she owns other parlors throughout the state.

Everyone associated with this case needs a good attorney today as the charges are serious but from my experience with these types of cases, a good attorney should be able to blow them out of the water pretty quickly.

Underage gambling charges in Atlantic City, New Jersey: bet on the prosecutor

As a defense attorney, I always look for a way to win for my client.  A hopeless case is rare  as there is almost always something that can be done.  When it comes to underage gambling charges in Atlantic City, that’s not really the case.  Each year, some 400 to 500 people are charged with underage gambling.  Over the last few years, the prosecutor has only lost one case.  Why? 

Because the cases are probably the easiest cases to prosecute.  The State needs to show that the defendant is under 21 which is rather easy to do for just about anyone as they generally show ID when arrested and/or admit to security that they are not 21.  Then, the State needs to show that the defendant was gambling.  Not only do you have the testimony of the security person but there is almost always a camera. Result = slam dunk case for the State.

I have raised a number of arguments including awareness of the law itself based upon lack of signage and the failure to publish the crime in New Jersey’s criminal code a.k.a. Title 2C.  These arguments and just about every single argument any lawyer has ever made has been and will be shut down.  Why?  I’m not about to get myself in trouble but let me tell you this.  Casinos get fined a ton of money if it is found that they are permitting underage people to gamble.  So put two and two together. 

So why not plea bargain the case down?  First, why would they for such an easy case?  Second, due to a number of factors, including an issue involving a high profile case from a few years ago, there are no plea bargains where they will dismiss the charge in exchange for a non-criminal offense.

Your options?  The statute is ripe for appeal as it  has never been challenged.  However, unless you have tens of thousands of dollars to appeal the case all the way up to the Appellate Division (not to mention a few years) your only option is try to keep the penalties down to a minimum.  Those penalties include a driver’s license suspension even though underage gambling has nothing to do with driving.  Unlike suspensions for drug crimes, there is no hardship application to be made which is yet another issue ripe for appeal.

A lawyer can help get the minimums as I have done for many clients.  Even better, if you are an out of state resident, a lawyer can appear on your behalf so that you don’t have to travel all the way back to New Jersey.  Even better, since the court is efficient and I have done so many of these, it is rather easy for me to get in and out of court.  There is also no guess work as to what needs to be done.  The result is that I can keep my fee down so that it is not expensive to get a lawyer to walk you through the process and help you get the minimum penalties.

Call me today to discuss  any of this further.

Old Bridge man charged with training and selling fight birds

The state Society for the Prevention of Cruelty to Animals has charged Orphilio Chaviano of Old Bridge with 114 counts of animal cruelty for allegedly possessing, training and selling fight birds.  The NJSPCA says that they believe Chaviano was getting the birds from outside the United States and was shipping them out of the country. 

Old Bridge is a middle-class town and you don’t see this type of activity there.  These crimes typically happen in either urban areas or rural areas such as south-west NJ.

Charges upgraded to aggravated manslaughter after victim of March crash dies

These cases are tough.  Unlike other violent cases, you can’t blame the victim.  However, your own client is rarely a horrible person.  However, one stupid night can change the lives of many.  Even worse, the dividing line between aggravated manslaughter and vehicular homicide are unclear.  However, the difference in terms of sentencing is huge.

In this case, Clifford Cooley, Brandon Bullock, and David Colvin, all from Rahway were charged in connection with a March 23rd crash that injured Nicholas Phan-Tran of Edison.  Phan-Tran was in a coma since the accident and died last week. As a result, the charges were upgraded.

The story is here.

Rare human trafficking indictment may land man in prison for decades

As a defense attorney, I love a tough case but this is something else.  Allen Brown’s attorney has to size this case up sooner rather than later.  That’ll be difficult to do as I am sure the discovery is massive.   However, you need to sit down with your client and ask him to be up front with you and cut out the BS.  At least some of the other guys will flip, but since some are related, the chances of them going down swinging is high.

One bone the State could throw Allen is to go easy on the rest of his family if they plea out as well.  With so many charges, everyone has to get creative on how this deal can be sold to all parties involved.

TRENTON – Attorney General Anne Milgram announced the indictment today of an alleged pimp who is charged with running a human trafficking and prostitution ring in Jersey City in which scores of women were induced to use heroin and cocaine and were beaten if they did not turn a daily quota of tricks.

According to Division of Criminal Justice Director Deborah L. Gramiccioni, the leader of the ring, Allen Brown, a.k.a. “Prince,” 47, of Jersey City, was indicted by a state grand jury on first-degree charges of racketeering, human trafficking and money laundering, as well as numerous second- and third-degree charges, including conspiracy, promoting prostitution, criminal coercion, theft by extortion, failure to pay taxes, and drug and weapons offenses.

The first-degree human trafficking charge alone carries a sentence of 20 years to life in state prison. The charges resulted from “Operation Red Light,” an investigation by the Division of Criminal Justice Gangs & Organized Crime Bureau and the Jersey City Police Department.

“This is a shocking case of human trafficking,” said Attorney General Milgram. “We charge that Allen Brown enslaved vulnerable young women in a living hell of addiction and prostitution, controlling them with narcotics, threats and beatings. We will prosecute him to the full extent of the law.”

For nearly two decades, Brown allegedly ran prostitution rings in Jersey City, coercing scores of women to prostitute for him. Through the years, Brown allegedly had residences that served as “stables” in a number of locations in Jersey City, bringing women to the stables from other cities. He brought women from cities including Camden, Atlantic City, Elizabeth, Newark and Philadelphia. His last stable was 18 Lyon Court in Jersey City, an upscale condo development on Newark Bay in the Society Hill section of the city.

Once the women went with Brown, he allegedly would take away their cell phones and any form of identification they possessed. A number of the locations where they were housed allegedly had reverse locks on them that could not be unlocked from the inside without a key. Only a select few had a key. The others would be locked in until it was time to work again. None of the women were allowed to go anywhere alone or without permission.

It is alleged that the women forced to prostitute for Brown were given heroin and cocaine so Brown could control them and exploit their addiction. They were driven to “tracks” – motels or streets in Jersey City and sometimes locations in other cities – where they were expected to make a certain amount of money each night turning tricks to cover their daily drug debt and provide a profit for Brown. If they did not make the daily quota, ranging from $500-$1,000, they were allegedly refused drugs, beaten or denied entry into the house until the money was made.

“Human trafficking takes a devastating toll on its victims,” said Director Gramiccioni. “We urge anyone with information about suspected human trafficking to call our hotline at 1-877-986-7534. We will continue to make investigating and prosecuting these crimes a priority.”

“The arrest and subsequent indictment of Allen Brown is another example of the positive results achieved when law enforcement agencies join forces,” said Jersey City Police Chief Thomas Comey. “This collaborative effort resulted in the rescue of vulnerable individuals from what basically is a life of involuntary servitude. This case shows that prostitution is not a victimless crime. I am pleased the Division of Criminal Justice chose to work with the Jersey City Police Department and look forward to a successful prosecution.”

Brown allegedly collected all money and ordered subordinates to secure and control the women. On July 28, the woman who acted as boss or “bottom” over the women for Brown pleaded guilty to first-degree racketeering. Annie Cooper, a.k.a. “China,” 40, of Jersey City, pleaded guilty before Superior Court Judge Kevin G. Callahan in Hudson County. Under the plea agreement, the state will recommend that she be sentenced to five to 10 years in state prison.

Cooper was tasked with enforcing the house rules Brown established and disciplining the women for breaking the rules. If Cooper refused to enforce the rules, she allegedly would face physical violence at the hands of Brown. Cooper would discipline the women for not bringing home the daily quota of money they were required to make, sometimes kicking them and beating them with her fists and household objects. Cooper handed out heroin and cocaine to the women or withheld drugs if they did not meet demands.

The enterprise also consisted of subordinates who were responsible for transporting the women to work as prostitutes, obtaining narcotics for the women, maintaining the household and vehicles, and securing the women. These individuals allegedly included, among others, three men who were indicted today: Anthony Evans, 51, of Jersey City; Brown’s nephew, Arthur Brown, 37, of Jersey City; and Jerome Robinson, 30, of Newark.

Over the years, Allen Brown allegedly made hundreds of thousands of dollars, which he used to furnish his home, purchase jewelry, buy vehicles, and purchase drugs. The ring also included individuals who allegedly laundered the proceeds of the criminal activities through various financial transactions. Frequently Allen Brown used family members and friends to act as the legitimate holder of vehicle titles, real property leases, cash and other property that he paid for with criminal proceeds. Those people included Prince’s mother, Tecora P. Brown, 72, of Bayonne; his niece, Tecora L. Brown, 35, of Jersey City; and Marlo Taylor, 39, of Newark. They are also named in the indictment. Robinson also is charged with money laundering.

It is charged that Allen Brown specifically used his mother’s bank account to launder almost $500,000 he extorted from one his victims. This victim received an inheritance from her family estate and turned it over to Brown after he allegedly made threats against her and her family.

Brown, Cooper and Evans were arrested on Sept. 12, 2008, when detectives from the Division of Criminal Justice and Jersey City Police executed a search warrant at 18 Lyon Court. Arthur Brown was also charged that day. Allen Brown, Evans and Cooper are being held in the Hudson County Jail with bail for each set at $325,000. Arthur Brown is in state prison on other charges. The remaining defendants will be ordered to appear in court at a later date to answer the charges.

Deputy Attorney General Annmarie Taggart and Supervising Deputy Attorney General Lauren Scarpa Yfantis presented the case to the state grand jury.

The investigation was conducted and coordinated for the Division of Criminal Justice by Detective Noelle Holl, Taggart, Yfantis and the Gangs & Organized Crime Bureau North Squad. They worked cooperatively with the Jersey City Police Department. The investigation was conducted for the Jersey City Police Department by Capt. Gary Lallo and the Special Investigation Unit. Attorney General Milgram also thanked Detective Mike Kurinzi of the Elizabeth Police Department for his valuable assistance.

The indictment was handed up to Superior Court Judge Linda R. Feinberg in Mercer County, who assigned the case to Hudson County.

First-degree crimes carry a maximum sentence of 20 years in prison and a $200,000 fine, while second-degree crimes carry a maximum sentence of 10 years in prison and a $150,000 fine. Third-degree crimes carry a maximum sentence of five years in prison and a $15,000 fine. The first-degree money laundering charge carries an enhanced penalty of $500,000.

The indictment is merely an accusation and the defendants are presumed innocent until proven guilty. A copy of the indictment is linked to this release at http://www.njpublicsafety.com.

The State has seized the following vehicles that allegedly were purchased with criminal proceeds:

• 1999 Dae Woo, registered to Tecora P. Brown;
• 1994 Cadillac DeVille, registered to Marlo Taylor;
• 2004 Hummer, H2, registered to Tecora P. Brown; and
• 1981 Rolls Royce, registered to Marlo Taylor.

The defendants were charged in the indictment as follows:

Allen Brown a.k.a. Prince
• Racketeering. First Degree.
• Conspiracy to Commit Human Trafficking and Promote Prostitution. Second Degree.
• Human Trafficking. First Degree.
• Promoting Prostitution. Third Degree.
• Criminal Coercion. Third Degree.
• Conspiracy to commit money laundering, promote prostitution and theft by extortion. First Degree.
• Money Laundering, First Degree.
• Theft by Extortion, Second Degree.
• Conspiracy to commit money laundering and promote prostitution. Third Degree.
• Money Laundering. Third Degree.
• Possession of a Weapon and Controlled Dangerous Substances, Second Degree.
• Possession of a Weapon for an Unlawful Purpose. Third Degree.
• Possession of CDS with the Intent to Distribute. Third Degree.
• Possession of CDS. Third Degree.
• Failure to file State Taxes. Third Degree
• Failure to Pay Gross Income Tax. Third Degree.

Arthur Brown
• Racketeering. First Degree
• Conspiracy to Commit Human Trafficking and Promote Prostitution. Second Degree.
• Promoting Prostitution. Third Degree.

Tecora Brown
• Racketeering, First Degree
• Promoting Prostitution. Third Degree.
• Conspiracy to commit money laundering, promote prostitution and theft by extortion. First Degree.
• Money Laundering. First Degree.
• Theft by Extortion. Second Degree.
• Failure to file State Taxes. Third Degree
• Failure to Pay Gross Income Tax. Third Degree.

Marlo Taylor
• Racketeering. First Degree
• Promoting Prostitution. Third Degree.
• Conspiracy to commit money laundering and promote prostitution. Third Degree.
• Money Laundering, Third Degree.

Tecora L. Brown
• Racketeering, First Degree
• Promoting Prostitution. Third Degree.
• Conspiracy to commit money laundering and promote prostitution. Third Degree.
• Money Laundering. Third Degree.

Jerome Robinson
• Racketeering. First Degree
• Promoting Prostitution. Third Degree.
• Conspiracy to commit money laundering and promote prostitution. Third Degree.
• Money Laundering. Third Degree.

Anthony Evans
• Racketeering. First Degree.
• Conspiracy to commit Human Trafficking and Promote Prostitution. Second Degree.
• Promoting Prostitution. Third Degree.

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.