Thursday, February 21, 2013

Press Release - People v Fabian Rodriguez


FROM: HOLLEY CARNRIGHT
DATE: FEBRUARY 21, 2013
RE:  PRESS RELEASE – PEOPLE V FABIAN RODRIGUEZ

Fabian Rodriguez, age 29, of Kingston, New York, was convicted after trial in Kingston City Domestic Violence Court on Endangering the Welfare of a Child and Harassment in the second degree.  Judge Philip Kirschner presided over the trial.

The case arose when the defendant became enraged when he was interrupted from playing X Box by his 5 year old daughter.  The daughter’s mother tried to intercede and a domestic violence incident ensued during which time defendant struck the victim, broke her cell phone, and tore her shirt.

At the trial the prosecution was hampered by the lack of cooperation of the victim.  Although subpoenaed to appear, the victim did not attend the trial.  Following his conviction, additional charges have been filed against the defendant for Contempt, for violating an order of protection, and for Witness Tampering.  Rodriguez is currently on felony parole for Burglary in the second degree.  In addition to sentencing on the misdemeanor conviction he faces a potential violation of parole. 

The case was prosecuted by Assistant District Attorney Andrea Herasimtschuk.  The defendant was represented by attorney Natasha Turner.



Wednesday, February 20, 2013

DA Annual Report 2012


                              2012
 
                 ULSTER COUNTY
             DISTRICT ATTORNEY
                ANNUAL REPORT



The District Attorney is an independently elected public official.  The District Attorney has the sole responsibility for the prosecution of all crimes and offenses which occur within the geographic confines of Ulster County.

DEPARTMENT MISSION STATEMENT

The simple fact is that public safety and economic prosperity go hand in hand.  One cannot exist without the other.  For us to prosper as a community, our citizens must be safe.

BUDGET

In 2012 the Ulster County District Attorney budget was $2,437,895.00, of this total $2,032,442.00 was for personnel expenses.

COLLABORATION WITH OTHER COUNTY DEPARTMENTS OR OUTSIDE AGENCIES

The Department of Social Services: Investigation and prosecution of social services fraud, prosecution of deadbeat child support obligators.

Police agencies: We work hand in hand with all police agencies that serve the people of Ulster County in training, investigations and prosecution of all criminal behavior committed in Ulster County.

State agencies: We collaborate with NYS Department of Tax and Finance, the NYS Comptroller’s Office and the NYS Attorney General’s Office.

Federal agencies: We work with the US Attorney’s Office and all federal agencies that assist them, to wit, the US Marshalls, the FBI, Customs and Immigration, Secret Service and AUSA.

2012 IN REVIEW

In 2012 we filed 245 indictments, a 60% increase from 2011.  We conducted 25 felony jury trials, the highest number in modern times.  During the course of 2012 the Ulster County Court Standard and Goals felony trial calendar was reduced by half. Statistics, however, only begin to represent the accomplishments of this office.

In 2012 we handed up indictments in the largest undercover drug sweep in Ulster County’s history. Each indictment contained at least one Class B felony.  Of the 80 indictments, one case was reduced for the purpose of a plea and in one case there was a jury acquittal. All other 78 indictments resulted in top count convictions, with sentences that ranged up to 15 years in State Prison.

CARP (Crime Against Revenue): $758,376.00 in restitution/forfeiture was ordered to be paid to state and local governmental agencies. Of that sum $309,126.00 in restitution was collected and paid to state and local governmental agencies. In addition, $529,138.00 in savings for state and local governmental agencies due to disqualifications from future benefits was garnered.

People v Timothy Matthews. A former detective/lieutenant of the Kingston Police Department, Matthews was convicted and sentenced to 3-9 years in State Prison and ordered to pay $212,000.00 restitution.

People v Joshua Thompson. Thompson became the first Ulster County prosecution on the new Domestic Violence Strangulation Statute.  He was convicted and sentenced to 5 years in State Prison.

People v George Feist.  Feist was convicted of Rape and Criminal Sexual Acts against an infant.  He was sentenced to 25 years in State Prison.

People v Kanwarjit Singh and Surinder Kumar, welfare fraud.  Singh was sentenced to 4-12 years in State Prison and $325,000.00 from restitution and forfeiture sums was returned to Ulster County taxpayers.

People v Rondy Russ. Russ was the last co-conspirator in the conspiracy to commit murder, Sex/Money/Murder gang prosecution.  He was convicted and sentenced to 6 years in State Prison.

People v Shawn Tyler.  Tyler was convicted of Murder in the first degree for the bludgeoning death of his landlord in the Town of Hurley.  He was sentenced to 25 years to life in prison.

People v Jarrin Rankin.  Rankin had previously been convicted and sentenced on the Sex/Money/Murder/Conspiracy indictment.  In 2012 he was convicted of Criminal Possession of a Weapon and sentenced to serve an additional 15 years, consecutive to his conspiracy sentence.

People v Matthew Taggard.  Taggard, the former police chief in the Town of Ulster, was investigated, charged, and convicted of Official Misconduct involving allegations of sordid sexual activity with minor boys. He was removed from office and given a one year conditional discharge.

People v Terrance Peterson. Peterson was convicted of  Burglary and Strangulation in one of our leading domestic violence prosecutions.  He was sentenced to 15 years.

People v Novick and Streb. The bank robbers in the Sawyer Savings Bank robbery were convicted and sentenced to the maximum state prison sentence allowed.

People v Gary Watkins, a/k/a “B War”, the “Kingpin” of the 80 indictment drug investigation known as Operation Clean Sweep was convicted and sentenced to 15 years in State Prison.

People v Brian Densmore. Densmore was convicted and sentenced to 17 years in State Prison for the rape of four Kingston middle school children.


CONCLUSION

2012 continued an unfortunate trend of increased felony jury trials.  Although the office boasts an extraordinary conviction success rate the sheer volume of felony prosecutions and, in particular, felony trials, places a strain on the men and women who work here. 

Looking ahead. The violent crime in Kingston decreased in 2012 by 24.7%. Notably, robberies in Kingston decreased by 41.2%.  Overall, violent crime in Ulster County decreased by over 21%. For the first time since I have been the District Attorney, I believe we have stemmed the scourge of gang violence that had been migrating into our county from New York City. We are trained and focused to continue that battle.  Our work against domestic violence will remain a primary focus going forward into 2013.














                   


Tuesday, February 19, 2013

Press Release - Top Scams of 2012


FROM: HOLLEY CARNRIGHT
DATE: FEBRUARY 19, 2013
RE: PRESS RELEASE – TOP SCAMS OF 2012



The consumer advocacy website, ConsumerAffairs.com, has released its annual list of schemes designed to part consumers from their money, according to the Ulster County District Attorney’s Division of Consumer Affairs. The Top 5 Scams (nationally) of 2012 are:
  • 1. Mortgage/foreclosure rescue scams
  • 2. Credit repair scams
  • 3. Cellphone cramming
  • 4. Government agency impersonation
  • 5. Fake charity solicitations

The Top 5 local complaints, filed by Ulster County residents, are:

  • 1. Professional services including billing, contracts
  • 2. Home improvement/construction
  • 3. Telemarketing (legitimate or otherwise)
  • 4. Mail fraud including sweepstakes, lotteries and fake check scams
  • 5. Debt collection and other finance-related

Consumer Affairs advises consumers to be vigilant by not making hasty decisions in the marketplace. Remember, if it sounds too good to be true, it probably is. For further information or to file a complaint, contact the Ulster County District Attorney’s Division of Consumer Affairs at 340-3260.




                                                                

Friday, February 15, 2013

Press Release - Khari Coley



FROM: HOLLEY CARNRIGHT
DATE: FEBRUARY 15, 2013
RE:  PRESS RELEASE – KHARI COLEY

On December 7, 2012 a jury of seven men and five women convicted Khari Coley of three counts of Robbery in the Second Degree.  The jury deliberated for approximately two hours before returning their verdict.  The defendant was found guilty of robbing a Chinese food delivery man of money while acting in concert with another and while displaying what appeared to be a handgun.  The victim was injured in the course of the robbery.  

Koley has a prior felony conviction for Criminal Possession of a Forged Instrument for which he served one to three years in State Prison, and he has two other misdemeanor convictions. He is 25 years old. On February 15, 2013 the defendant was sentenced by the Honorable Donald Williams to 15 years state prison plus 5 years post release supervision, the maximum sentence allowable by law.

The defendant was represented by Kingston Attorney Jerry Carey. The People were represented by Assistant District Attorney Shawn Weed.

Tuesday, February 5, 2013

Press Release - Leslie Wilenken


From:  Holley Carnright
Date:  February 4, 2013
Re:    Press Release on People v. Leslie Wilenken


Leslie Wilenken, 58, of Ellenville, was sentenced last week in Ulster County Court after having pled guilty to felony Grand Larceny in the Third Degree for fraudulently collecting unemployment benefits.  For the next 4 months, Wilenken will spend his weekends in the Ulster County Jail.  He will remain on probation for the next 5 years and is ordered to work and pay restitution to New York State for the $15,392 in benefits that he stole. The case is illustrative of our continuing focus on fraud against government services.


In 2010 and 2011, Wilenken collected unemployment while failing to disclose that he was working as a seasonal laborer at the Town of Fallsburg’s Lochmoor golf course.  During the 2011 golf season, Wilenken actually collected unemployment, which was being charged against the Town of Fallsburg, while simultaneously collecting a paycheck as a town employee.  In early 2012, Wilenken again filed a new application for unemployment benefits.  The Department of Labor discovered the fraud.

District Attorney Holley Carnright stated: “Perhaps Mr. Wilenken thought that he would just continue to get away with this fraud because he had been successful for so long, but the Department of Labor’s investigative staff caught up with him.  Seasonal labor is an area ripe for unemployment fraud.  However, people should recognize that there is a new atmosphere of accountability for those committing fraud upon our government.  When these frauds are discovered they will be prosecuted.  These crimes are crimes against all of us.  I encourage all of our citizens to report any fraudulent activity of which they are aware. Get involved.  You can contact my office directly or you can provide, anonymously, information to law enforcement by going to sheriff@co.ulster.ny.us or by using http://www.tipsoft.com/.  The case was prosecuted by Ulster County Assistant District Attorney Crimes against Revenues Prosecutor, Joshua Povill.