New York Criminal Defense Attorney Blog

In what appears to be a continuing effort by the U.S. Supreme Court to limit the rights of criminal defendants, the Court ruled on February 24 that the police may continue questioning of a suspect after he has invoked his Miranda rights, as long as they wait 14 days to continue their interrogation. The case, Maryland v. Shatzer, involved a Maryland man who was suspected of sexual abuse and was in prison for another crime. While Shatzer was in prison, he was questioned by a police detective and invoked his rights under Miranda v. Arizona, refusing to answer questions without an attorney present. However, two and a half years later, with Mr. Shatzer still in prison, another detective approached him and began questioning him after he had waived his Miranda rights related to the same incident involving his son.

Mr. Shatzer’s lawyers argued before the Supreme Court that any statements made by Shatzer during the second questioning should be suppressed as he had previously asked for a lawyer during the original interrogation, and that Miranda prohibited re-questioning under those circumstances without a lawyer present. In a decision written by Justice Antonin Scalia, the Court found the main issue to be whether the prohibition in further questioning after Miranda rights is “eternal.” Scalia noted that the reason repeated attempts at questioning was forbidden was to prevent “badgering” of a suspect while a crime was under investigation. However, using a completely arbitrary 14 day standard, the highest Court ruled that two weeks “provided plenty of time for the suspect to get acclimated to normal life, to consult with friends and counsel, and to shake off any residual effects of his prior custody.” Interestingly, even the most conservative member of the Court, Clarence Thomas, questioned the arbitrary 14 days rule in his concurrence. In Thomas’s view, any break in custody would be sufficient to allow questioning to continue–no surprise there.

Despite the fact that no one would wish to protect child molesters in our society, and particularly if it was proven that someone abused his own son, this decision is part of a grander scheme by the conservative members of the Court– Scalia, Alito, Thomas and Roberts, to chip away at the rights of criminal defendants long protected by such landmark decisions as Miranda, and the 1981 decision in Edwards v. Arizona, in which the Court ruled that once a suspect asks for an attorney under Miranda, the authorities may not resume questioning.

Continue reading ›

In an update to our June 20, 2009 blog entitled “Putnam County Manslaughter Charge In Brewster DWI Crash”, Conses Garcia-Zacarias, the 35 year old illegal immigrant from Guatemala who pled guilty to two counts of New York vehicular homicide in the deaths of Lori Donahue and her 8 year old daughter Kayla, was sentenced to the maximum 8 1/2 to 25 years in state prison on January 13, 2010. Mr. Garcia-Zacarias had a blood alcohol content (BAC) of almost twice the legal limit of 0.08 when he drove his pickup truck on the wrong side of Main Street in Brewster and struck the mother and daughter as they were exiting the Seven Stars School of Performing Arts on Rt. 6. Reportedly, Mr. Garcia-Zacarias told a probation officer he was so intoxicated that he did not remember anything about the crash.

Mr. Garcia-Zacarias worked on numerous horse farms in the United States and was operating a Ford pickup truck owned by Valerie Renihan, a horse trainer who has claimed that Garcia-Zacarias did not have permission to operate the vehicle and stole the keys. However, neighbors near the Tonetta Lake Road house in Southeast where Garcia-Zacarias and several other men lived claimed that they would all frequently drive the vehicle. Clearly, if the Putnam County District Attorney’s Office had solid proof against Renihan, she would have been charged in this tragic case as well.

In sentencing Mr. Garcia-Zacarias to the maximum jail time under New York’s Penal Law, Judge James Rooney of the Putnam County Court stated to the defendant: ” Do not look to me for forgiveness…God may grant you mercy, but this Court will not.” After Garcia-Zacarias serves his prison term, he faces immediate removal (deportation) to his native Guatemala.

Continue reading ›

Anthony Marshall, the 85 year old son of the late philanthropist Brooke Astor, was sentenced on December 21st to 1-3 years in jail for looting his mother’s fortune. Mr. Marshall was convicted last October of first degree grand larceny, and scheming to defraud, along with twelve other counts, based on charges that he took advantage of his mother’s mental frailty to get more than his share of her almost 200 million dollar fortune. Grand larceny in the first degree under section 155.42 of the New York Penal Law is defined as stealing the property of another which has a value in excess of one million dollars. It is a class B felony, punishable by up to 25 years in prison.

Prosecutors utilized testimony from high profile witnesses and friends of Ms. Astor including Barbara Walters and Henry Kissinger to establish that Marshall had manipulated his mother to change her will and had stolen priceless artwork from her walls. The defense contended that Marshall had an unrestricted complete power of attorney permitting his actions, and argued that Astor was mentally competent when she made the changes to her will. Apparently, the Manhattan jury did not accept those arguments.

Marshall got the minimum allowable sentence under sentencing guidelines. He was unsuccessful in trying to get the judge to drop the part of his conviction which required jail time, despite his lawyers’ arguments that any jail time would amount to a death sentence due to his poor health.

Continue reading ›

Jose Arroyo, a 47 year old ex-NYPD cop and ex-Marine, was convicted by a Westchester County jury of two counts of rape and one of New York felony assault on November 24th. The jury acquitted Mr. Arroyo of two counts of felony kidnapping. The facts are that on November 14, 2008, Mr. Arroyo met the 31 year old victim at Doyle’s Pub in the Bronx. The woman was visiting a friend from Texas. Mr. Arroyo apparently spiked the woman’s drink with Ambien, which the evidence showed he had a prescription for. When she passed out, Mr. Arroyo took the victim to the Alexander Motel in Greenburgh, where he sexually assaulted and raped her. He then took several nude photographs of the victim.

The defense was that the sexual relations were consensual and that Mr. Arroyo did not drug the victim. The problem with this defense was that the victim is a lesbian and testified that she never would have consented to sexual relations with any man. Further, the jury was provided a security video from Doyle’s Pub which apparently showed Mr. Arroyo moving his hand over the woman’s drink, stirring the drink, and then handing it to her. During deliberations, the jury asked to see the video several additional times; this video obviously played a large part in the conviction.

Mr. Arroyo is incarcerated in the Westchester County Jail. He is scheduled to be sentenced on January 20, 2010 and faces a maximum jail term of 25 years on the rape charges.

Continue reading ›

A Westchester County Grand Jury will be convened soon to determine whether there is enough evidence to indict former New Rochelle Police officer James Pileggi on a second degree manslaughter charge. The facts are both shocking and particularly tragic. It is alleged that on November 3rd, Officer Pileggi was demonstrating the laser function of his 9 mm Glock to a boyhood friend, Andre Everett, when the gun accidentally discharged, and Everett died later that night at Sound Shore Hospital at the age of 27.

Pileggi waived his right to a felony hearing, and his attorney has indicated that Mr. Pileggi may testify at the grand jury, which is always a risky decision, and an opportunity that many defendants forego, in the hope that the prosecution will fail to convince the grand jury to indict.

New York Second degree manslaughter is a Class C Felony under the New York State Penal Law, and carries with it a potential jail term of up to 15 years. Pileggi is free on $50,000 bail, and has resigned from his position with the Eastchester Police Department, where he was employed for 2 years.

Apparently, a New York City lawyer has filed a notice of claim against the Eastchester Police Department and Mr. Pileggi, alleging wrongful death, which is the first step in commencing a civil lawsuit.

Continue reading ›

Bernard Kerik, the former New York City Police Commissioner under Rudy Giuliani, pled guilty to eight felonies in federal court in White Plains on November 5, 2009. Kerik was facing potential jail time of 61 years for a combination of charges including tax fraud, submitting false statements on a mortgage application, and lying to White House officials in 2004 when he was under consideration for secretary of the Department of Homeland Security. Regarding the latter charge, apparently Mr. Kerik had received more than $200,000 in apartment renovations from Interstate Industrial Corp., in exchange for his assistance in trying to ease municipal regulations for the company, but he denied this when questioned by federal officials.

Under the plea deal, the 54 year old Kerik is likely to serve between 27 and 33 months in prison. He will be sentenced in U.S. District Court by Judge Steven C. Robinson on February 18, 2010.

Contact the White Plains criminal defense lawyers at the Law Office of Mark A. Siesel online or toll free at (914) 428-7386 for a free consultation if you are charged with a New York felony, misdemeanor, violation or traffic infraction.