Tag Archives: District Attorney

Op-ed: District Attorney Richard A. Brown delivers year-end message to the residents of Queens County


| oped@queenscourier.com


Queens District Attorney Richard A. Brown – who begins his twenty-third year as Queens County’s chief law enforcement officer in 2014 – delivered the following year-end message to the residents of Queens County in which he noted that Queens County was again among the City’s leaders in crime reduction in 2013.

District Attorney Brown said, “During the more than two decades that I have had the honor and privilege of serving as district attorney of Queens County, my office has steadfastly committed itself to ensuring a safe environment for those who live and work in Queens County. Through our law-enforcement initiatives and the utilization of an array of cutting-edge interventions and prevention programs, we have made tremendous progress in accomplishing that goal which, in turn, has contributed greatly to New York City’s historic decline in serious and violent crime. Over the last twenty years, overall crime in Queens is down by 77.7 percent, murders have fallen 78.1 percent, robberies are down 76.3 percent, burglaries are down 78.9 percent and felony assaults are down 40.9 percent.  As Mayor Bloomberg noted earlier this week during his visit to Queens, the drop in crime has made ‘Queens a safer place to live, work and visit than ever before.’”

District Attorney Brown added, “We continue to be, I believe, among the best and busiest prosecutor’s offices in the country.  Last year our office handled more than 70,000 arrest cases – cases running the gamut from quality of life offenses to serious violent felonies.  And, by any standard, we handled those cases efficiently and judiciously.  We have a presence in all of the diverse communities of our county in seeking to prevent crime and in helping to turn young lives around.  In sum, we continue to have the respect of our law enforcement colleagues and the confidence of the people of Queens County.”

District Attorney Brown continued, “In pursuing the office’s core mission to increase public safety and reduce crime in 2013, we have vigorously pursued hate crime cases against those individuals who chose their victims based on religion, sexuality, the color of their skin and other factors.  We have aggressively gone after illegal cigarette traffickers, organized trademark counterfeiting rings and legitimate businesses and franchises that annually cheat the government out of millions of dollars of much needed State and City revenue. On a local level, we have focused our attention on homeowners who impact on the quality of life of their neighbors by illegally sub-dividing their private residences into multiple dwellings that potentially can put the lives of tenants and first-responders at grave risk. We continue to do our part in protecting our younger residents by going after on-line child pornographers, as well as sex traffickers and sexual predators who attempt to meet underage children on-line for sexual relations.”

District Attorney Brown added, “The Queens County District Attorney’s Office has long been recognized as a nationwide leader in the number of court-authorized wiretaps that we handle. Our Special Prosecutions Division runs a host of crime prevention, school-based and community outreach programs and staff members attend our precinct council and community board meetings.  We have dedicated Child Advocacy and Family Justice Centers – and a Domestic Violence Bureau that maintains the highest domestic violence conviction rate and the lowest dismissal rate in the City and which takes more pre-indictment pleas than the rest of the City combined. We statistically maintain the  best arrest to arraignment time in the City and because of our assertive bail jumping program – in which defendants are indicted if they fail to appear in court for their felony cases – we have the lowest failure-to-appear in court rate  in the city.”

District Attorney Brown said that among the office’s successful prosecutions in 2013 were:

• People v. Urban Fermin and Darius Lowery.  Fermin and Lowery were convicted of the attempted murder of a police officer during a one-hour crime spree in which they shot at a marked police vehicle attempting to stop them after they stole a car, burglarized a house and robbed a woman on the street at gunpoint.  Fermin was sentenced to 30 years to life in prison and Lowery was sentenced to 30 years in prison.

• People v. Simon A. Watts.  Watts, a former Springfield Gardens public school teacher, was sentenced to 35 years in prison for sexually abusing five of his students – four females and one male who ranged between eight and ten in age. The incidents all took place at the school – many during class time.

• People v. Hikeem L. Green and Darcell Marshall.  Green and his girlfriend, Marshall, were sentenced to up to 12 years and up to three years in prison, respectively, following their guilty pleas to sex trafficking in connection with the prostitution of two young women – a 19-year-old upstate runaway and a 20-year-old from New York City – against their will.

• People v. Natasha Munchkin Marks.  Marks was sentenced to a term of one to three years in prison for jumping bail shortly after pleading guilty in March 2007 under New York State’s hate crime statute to stealing an 85-year-Howard Beach man’s life savings by falsely claiming to need the money to pay medical bills and to help start up a business and for investments.  The bail jumping prison sentence is to be served consecutive to the two to six years in prison she was sentenced to in absentia in May 2007 on the larceny charges.

In addition, District Attorney Brown said his Investigations Division conducted “many significant long term investigations over the past year into criminal enterprises throughout Queens County. Particularly telling is our auto theft numbers.  Since 1991, my first year as district attorney, the rate of auto thefts in Queens has plunged more than 90 percent.  This record-setting drop in crime was accomplished, in part, by focusing our attention on organized car theft rings and by curbing the illegal scrapping of stolen cars. In 2013, we continued to put pressure on the drug dealers and gangs hawking their illicit wares at the city’s housing developments and elsewhere by taking part in major anti-drug initiatives with the New York City Police Department.”

District Attorney Brown added, “New York City’s two major airports are located in Queens County and are often the first point of contact for tourists. As tourism is one of New York’s most revenue-producing industries, it is vitally important to our economic health that we provide a safe and welcoming environment at our airports. In carrying out that responsibility, we earlier in the year took down a group of contract baggage handlers who were charged with stealing thousands of dollars worth of luggage items from arriving and departing flights at John F. Kennedy Airport when they were supposed to be loading or unloading the luggage. We also continue to prosecute unregulated taxis and unscrupulous drivers at the airports who unlawfully solicit fares and charge exorbitant rates to drive passengers the shortest of distances.”

In addition to his office’s many investigations during 2013, District Attorney Brown noted that this past September his office co-hosted the New York City Abusive Head Trauma/Shaken Baby Syndrome Conference, a biennial event presented in partnership with the Office of the Chief Medical Examiner of the City of New York.  The conference was attended by more than 300 doctors, medical examiners, prosecutors, detectives, nurses and defense attorneys. Among the topics discussed at the conference were the challenges in diagnosing Shaken Baby Syndrome as opposed to accidental trauma and the inherent difficulties in investigating and prosecuting such cases.

Also in June and September, the office hosted two open public forums at the Campus Magnet High School in Cambria Height that focused on the so-called “Don’t Snitch” street code.  “The purpose of the initiative is to combat the destructive ‘Don’t Snitch’ street message that has hindered the pursuit of justice for violent crimes committed in Queens communities,” said District Attorney Brown.  “The forums provided an overview of the Don’t Snitch street code and gave residents of Queens County a platform for safe, open discussion on the topic and an opportunity to ask questions.”

District Attorney Brown noted with pride on behalf of his office Mayor Bloomberg’s comments from last summer.  “In a tenure of more than twenty years, Queens District Attorney Richard Brown has made his office, I think it’s fair to say, one of the most widely respected prosecutor’s offices in the nation.”

District Attorney Brown concluded his message by wishing all a happy and healthy New Year and by saying, “The reason why I have so much enjoyed my tenure as District Attorney over these many years, why it is that I’ve found those years to be so rewarding, and why I look forward to continuing to serve as the District Attorney of this county for many years to come, is the successes that we have enjoyed in lowering the level of violence in our County and improving the quality of life of the people of our great county and because of the dedication and professionalism of those with whom we work. I am optimistic that by continuing the very successful strategies that we have employed over the years we, together with our law enforcement colleagues, can make Queens County even safer in 2014.”

 

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Two Queens men indicted on sex trafficking charges


| ctumola@queenscourier.com


Two Queens men have been indicted in separate sex trafficking cases for allegedly forcing teen girls to work as prostitutes, District Attorney Richard Brown announced Tuesday.

Peter Gerardi, 28, of Forest Hills, and Christopher Stephensbush, 20, of Richmond Hill, have both been arraigned on kidnapping, prostitution, rape, sex trafficking and other charges, according to the district attorney.

“The defendants are both accused of enslaving three young girls, raping them and forcing them to work as prostitutes. They allegedly forced the girls to turn all of their money over to them,” said Brown.

Gerardi is accused of threatening his 13-year-old victim when she wanted to stop prostituting herself for him. He also allegedly had a 16-year-old work for him as a prostitute through threats of physical violence, according to Brown. Gerardi allegedly had sex with both his victims.

Stephensbush allegedly met his 15-year-old victim while she was taking the bus to school one morning. He is accused of bringing her back to his apartment and not letting her leave until she agreed to work as a prostitute, said Brown. He allegedly raped her several times before temporarily letting her go. He then allegedly made her earn money for him again as a prostitute on multiple occasions.

If convicted, both face up to 25 years to life in prison.

 

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Former Queens teacher pleads guilty to rape of student


| mchan@queenscourier.com

Photo courtesy of the New York Daily News

A Queens middle school teacher charged with statutory rape has pleaded guilty and is expected to be sentenced to six months in jail as part of a plea deal, officials said.

Daniel Reilly, 36, admitted to having sex multiple times at his Forest Hills home with a 14-year-old girl he used to teach, said District Attorney Richard A. Brown.

“As a teacher and an adult, the defendant was in a position of power to know better,” Brown said. “Children should be able to remain children.”

Reilly, a former sixth grade English teacher at I.S. 237, pleaded guilty to second-degree rape. He was also charged in April with committing a second-degree criminal sexual act, endangering the welfare of a child and third-degree sexual abuse.

Those charges were dropped as part of a plea deal, a spokesperson for the district attorney’s office said.

The bargain was also meant to spare the victim from testifying.

Reilly, a married father, will be sentenced on July 22 to six months in jail and 10 years’ probation, according to Brown. He faced up to seven years in prison at the time of his arraignment.

He will also have to give up his teaching license, register on the state’s sex offender registry and take a sex offender reform program.

“This case should serve as a clear and unmistakable warning that law enforcement is prepared under any circumstances to apprehend and prosecute sexual predators who betray and defile youngsters,” Brown said.

The relationship between Reilly and the teen, which began last August, surfaced when her sister found sexually explicit text messages on her phone, the district attorney said.

Reilly, who made close to $62,000 a year, resigned last week from the Flushing school where he worked for six years, a Department of Education spokesperson said.

 

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Flushing father convicted in death of newborn daughter


| mchan@queenscourier.com


A Flushing man accused of shaking his baby girl to death and slamming her head on a night stand has been convicted of manslaughter, authorities said.

Hang Bin Li, 28, bumped his daughter’s head on a night stand in October 2007 and failed to call the cops until two days later, according to trial testimony. His 10-week-old daughter, Annie, was “sweating, not moving her arms or legs and making distressed gurgling sounds” when she was finally rushed to the hospital, District Attorney Richard Brown said.

She was declared brain dead and taken off life support shortly after, the DA’s office said. Medical testimony said the child suffered a massive skull fracture and broken legs.

“It is shocking to consider that a father could inflict such brutality and suffering on one as young and innocent as his daughter,” Brown said. “His horrific actions robbed her of her life and the countless potential it held.”

Li was found guilty February 1 of second-degree manslaughter and endangering the welfare of a child following a four-week jury trial. He faces up to 15 years in prison when he is sentenced March 4.

 

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NYPD, DA bust Queens gun trafficking ring


| brennison@queenscourier.com

Photo courtesy of the District Attorney's office

A three-year undercover operation into an illegal gun trafficking ring in southeast Queens netted four indictments and a fifth arrest, according to officials.

The investigation began in August 2009 after the DA’s office received a tip of the illegal operation. Over the next three years agents conducted several undercover transactions with the defendants. Twenty firearms were seized during the investigation.

“We must remain vigilant in our efforts to keep illegal firearms out of the hands of criminals and off of the streets of Queens,” said District Attorney Richard Brown.

The illicit sales regularly occurred in public places during daylight hours, Brown said. Some of the defendants also face charges of selling cocaine.

“One year ago, Det. Peter Figoski was killed by a suspect who wielded an illegal firearm. It is in his legacy and on behalf of New Yorkers’ safety that NYPD investigators work tirelessly to prevent other families from suffering the same fate,” said Police Commissioner Ray Kelly.

Manuel DeJesus Caballero-Castillo, 24, Emilio Lopez, 38, Miguel Angel Tatis, 50, and Jose Toledo, 26, were indicted on charges of criminal sale of a firearm, criminal possession of a weapon, criminal sale of a controlled substance and unlawful possession of pistol ammunition. If convicted, Tatis faces up to 15 years in prison and the three-co-defendants face up to seven years behind bars. Enrique Ramos was also arrested and charged with criminal sale of a controlled substance.

The investigation was conducted by the New York City Police Department’s Queens District Attorney’s Squad.

Mother and son charged in illegal cigarette scheme


| mchan@queenscourier.com


A Flushing mother and son duo was arrested last Tuesday when their alleged cigarette smuggling scheme went up in smoke, authorities said.

Ying-Jian Lin, 48, and her son, Xiao Lin, 23, have been charged with violating various state tax laws after investigators seized 677 cartons of untaxed Asian brand cigarettes and $132,000 in cash from their possession on November 20, according to District Attorney Richard A. Brown.

“Cigarette smuggling to evade state and local taxes is a multimillion dollar industry,” Brown said. “However, it cheats taxpayers who must dip into their pockets to pay higher taxes, and it cheats the government as well by fueling an underground economy which does not pay much needed state and city taxes.”

Detectives said Xiao Lin was repeatedly spotted during a multiple-week investigation entering a 134-24 Maple Avenue garage, removing cartons of Asian brand cigarettes, and then transporting them to a small grocery store on Main Street, where his mother worked.

Ying-Jian Lin then allegedly sold the cigarettes on several occasions at the store, the district attorney said.

According to Brown, it is illegal to sell Asian brand cigarettes in the state, and even the country, because they do not carry the required surgeon general warnings.

“In today’s case, it is alleged that the defendants were seeking to shortchange New York State and New York City out of approximately $45,000 in tax revenue from [Tuesday’s] seizure alone,” Brown said.

The Lins — who live on Sanford Avenue — were arraigned in Queens Criminal Court last Tuesday and could face up to four years in prison. They are slated to return to court on January 8.

Former park administrator Estelle Cooper indicted on grand larceny


| mchan@queenscourier.com

File Photo

Former Queens Parks Commissioner Estelle Cooper has been indicted on grand larceny charges for allegedly stealing over $50,000 from a nonprofit conservancy group she helped start, according to the district attorney.

Cooper, 82, of Whitestone was arraigned on Tuesday, July 17 in Queens Supreme Court on a two-count indictment charging her with second- and third-degree grand larceny. She faces up to 15 years in prison if convicted and was released on her own recognizance, said District Attorney Richard Brown.

She is ordered to return to court on September 12.

Cooper, a former administrator of Flushing Meadows-Corona Park and assistant commissioner with the city’s Department of Parks and Recreation, spent 18 years overseeing the large park before resigning in January. She also ran Unisphere Inc., a nonprofit conservancy group she had a huge hand in establishing to fund activities at the park, before stepping down in December 2011.

The alleged fraud was initially discovered in November 2011 as a result of an internal audit conducted by Unisphere, Inc., Brown said. The group’s accountant, Phil Ragusa, said he noticed things were not lining up for 2010 after crunching Unisphere’s numbers. Requests he made to Cooper to check the books for discrepancies were denied, Ragusa said, and information was finally attained through the 501(c)(3) organization’s bank.

The differential was mainly through unauthorized ATM withdrawals that came close to $100,000, he said. The group’s board of directors then hired a lawyer and turned the case over to the Queens district attorney’s office in February.

A Queens County grand jury charged Cooper obtained access to Unisphere funds and then systematically stole over $50,000 between November 1, 2007 and December 31, 2011.

“It’s a sad day,” Ragusa said of the indictment.

Calls to board members were not answered at deadline, and a number for Cooper had been disconnected.

Additional reporting by Terence M. Cullen

Queens teacher charged with molesting three additional students


| brennison@queenscourier.com


Three more accusations have been levied against a former Queens teacher accused of molesting two boys earlier this year.

Wilbert Cortez, 49, was charged in February with sexually abusing two young boys on multiple occasions at P.S. 174 in Rego Park. Queens District Attorney Richard A. Brown announced yesterday that Cortez has been charged with molesting three other male students between 2007 and 2011.

“These are serious accusations in which a school teacher — who should serve as a role model to students — is instead accused of using his position to gain access to children for his own gratification,” Brown said. “Schools should be safe havens where students are protected from harm.”

Cortez was a computer teacher before being removed from the classroom.

A city investigation in 2000 found that Cortez had shown “a pattern of inappropriate conduct” at a school in Brooklyn. The report concluded that the teacher slapped two students on the buttocks on several occasion. A letter of discipline was placed in Cortez’s file — however, six months later he was transferred to P.S. 174.

Cortez was charged with two counts of first-degree sexual abuse, one count of second-degree course of sexual conduct against a child and three counts of endangering the welfare of a child, according to the district attorney’s office. He is due in court on June 11.

—Additional reporting by Steve Mosco

This Morning’s Headlines


| jlane@queenscourier.com

Graphic by Jay Lane

DA grilling two ‘hookers’ and ‘money launderer’ in case of alleged madam

Manhattan prosecutors have secretly arrested at least three key people in Anna Gristina’s alleged escort ring — her accused money launderer and two suspected high-price call girls — and are grilling them for evidence against her, The Post has learned. Read More: New York Post

Congressman Ackerman Tells Constituents He Will Not Run For Re-Election

Congressman Gary Ackerman, who has represented parts of Queens and Long Island in the House of Representatives for 15 terms, announced to a Democratic Party gathering in Hollis Hills, Queens on Thursday that he will not run for re-election. The 69-year-old congressman informed Democratic Party leaders, his family and staff earlier Thursday of his decision to not running for a 16th term of office. Read More: NY1

Woodson ready to bury Lin, ride established stars Melo & Amar’e

Jeremy Lin may be a global phenomenon, but he is no longer a Knicks phenomenon. Linsanity was the flavor of February, but he appears not to be new interim coach Mike Woodson’s favorite dish. Woodson, calling Lin “in a learning stage,’’ said yesterday he is turning the focus of his new deliberate offense to his bread and butter — Carmelo Anthony and Amar’e Stoudemire, the Knicks’ two stars who combine to make $37 million this season. Read More: New York Post

 

Cops arrest accomplice of burglar fatally shot by Queens janitor

Cops yesterday arrested the accomplice of a burglar fatally shot by a Queens supermarket janitor, authorities said. Alpha Diaby, 22, was charged with burglary for the failed heist that left Mamadou Koureichi, 27, dead. Angel Candido, 54, was taking a nap at Met Foodmarkets on Jamaica Avenue when the two mens allegedly cut a hole in the roof and dropped down. Read More: New York Post

 

DOE Removes Eight Employees For Past Inappropriate Conduct With Children

The city’s Department of Education announced Thursday eight employees are being shown the door following a review of their work history. It comes after Schools Chancellor Dennis Walcott promised to revisit records dating back to 2000 of all DOE employees who were disciplined for inappropriate conduct with students. Walcott says the eight employees were removed because they were not disciplined properly for their misconduct. Read More: NY1

District Attorney says Queens teacher had sex with student, 13


| jlane@queenscourier.com

Graphic by Jay Lane

District Attorney says Queens teacher had sex with student, 13

Prosecutors say a New York City public school teacher is being charged with rape for a sexual relationship with a student that began when she was just 13. Queens District Attorney Richard Brown says 44-year-old Charles Oross engaged in a sexual relationship with the teen from January 2009 to April 2010. The district attorney said the encounters happened at the school, Intermediate School 238 in Queens, and in Oross’ car. Oross, of East Islip, N.Y., was awaiting arraignment Thursday. No information about an attorney was immediately available. Read More: Wall Street Journal

 

Tea Party big Mark Meckler pinched for gun possession at LaGuardia Airport Thursday 

A co-founder of an influential Tea Party group was arrested at LaGuardia Airport Thursday for illegally trying to bring a pistol and ammunition aboard a plane, authorities said. Mark Meckler of the Tea Party Patriots had a Glock 27 pistol and 19 bullets in a locked gun box — but he didn’t have a New York State permit for the firepower, which he told authorities he needs because he gets threats. Meckler, 49, handed the gun box to a Delta Airlines ticket agent around 5 a.m. Thursday, Queens prosecutors said. It was discovered during a pre-flight check. Read More: Daily News

 

NYPD cadet arrested for allegedly stealing this mother’s credit card in a $13 million ID theft ring in Queens 

An NYPD cadet was arrested Wednesday for stealing his mother’s credit card as part of a $13 million identity theft ring, authorities said. Raymond Gumti, 23, is accused of taking his mom’s TD Bank card and PIN numbers and using them to create a counterfeit credit card. He put the phony card in the name of another defendant who was indicted as a shopper in the scheme and racked up nearly $13,000 in unauthorized charges at stores like Apple, Louis Vuitton and Bloomingdales, a spokesman for the Queen’s District Attorney’s Office said. Read More: Daily News

 

Santa was really a Rotarian

Santa Claus rang his sleigh bells loudly as he combed the halls of the Queens Centers for Progress (QCP) Children’s Center. Followed closely by Frosty the Snowman, the pair peeked inside various rooms, searching for children. Toys in hand, they entered one at the end of the hallway — to an eruption of delighted squeals. Read More: Queens Courier

 

More Liu Donors Said to Be Examined in Fund-Raising Inquiry

The federal inquiry into the campaign finances of New York City’s comptroller, John C. Liu, a possible mayoral candidate in 2013, appears to be widening, with people knowledgeable about the matter saying Thursday that there has been an increased focus on seeking information from his supporters in the Chinese-American business community. In recent weeks, agents with the Federal Bureau of Investigation have delivered subpoenas seeking a broad range of records and other information to a growing circle of Mr. Liu’s more generous donors, said the people knowledgeable about the matter, who spoke only on the condition of anonymity. Read More: New York Times

 

Councilman Van Bramer Volunteers At LIC Food Pantry

Councilmember Jimmy Van Bramer and his constituents reached out to help the St. Raphael’s Parish food pantry Thursday. Read More: NY1

 

Cop-slay judge bails

The Brooklyn judge who unleashed a violent ex-con weeks before he allegedly killed a cop was a no-show at work yesterday — the day after Mayor Bloomberg ripped into her for a bail bungle. Judge Evelyn Laporte was nowhere to be seen in Brooklyn Criminal Court as several City Council members denounced her ill-fated decision to spring Lamont Pride without bail after his arrest last month on drug charges. There was a warrant for his arrest in North Carolina for an August shooting when he was busted on Nov.3 in New York for crack and pot possession — but Laporte ignored prosecutors’ pleas for $2,500 bail. Pride, 27, is accused of gunning down Officer Peter Figoski during a Brooklyn home invasion on Monday. Read More: New York Post

 

Kid shoots off finger

The 11-year-old son of a Staten Island school teacher shot off a portion of his finger yesterday while playing with his father’s illegal gun, police said. The West Brighton youth was home alone with his 8-year-old brother in the basement of their single- family home when the gun went off at 2:40 p.m., according to law-enforcement sources. Michael Bilotto, a Department of Environmental Protection construction worker, was taken into custody for possession of an unlicensed handgun, police said. Read More: New York Post

 

Cop slay getaway driver’s lame defense: I drove thugs in exchange for gas money

The getaway driver charged with four others in the slaying of NYPD Officer Peter Figoski admits he knew the accused triggerman was carrying a gun before the botched robbery that led to the Brooklyn cop’s murder. In an exclusive jailhouse interview with the Daily News, Michael Velez, 21, said he looked over to Lamont Pride, who was sitting in the passenger seat and saw the weapon. Velez said he was stunned — and even more so when Pride, 27, put his finger on the trigger of 9-mm. Ruger. Read More: Daily News

 

Hiram Monserrate’s 2009 assault conviction upheld on appeal 

A state appeals court on Thursday upheld disgraced lawmaker Hiram Monserrate’s 2009 assault conviction for roughing up his girlfriend in the lobby of his Queens apartment building three years ago. The four-judge panel dismissed the former Queens pol’s claim that prosecutors failed to prove a key element of the assault charge — that girlfriend Karla Giraldo endured “substantial pain” from a physical attack. Read More: Daily News

Barbara Sheehan lawyers plan appeal


| mpantelidis@queenscourier.com

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The chapter of the Barbara Sheehan murder trial is complete, but the story’s conclusion has yet to be written.

Although the 50-year-old mother of two was acquitted of second degree murder, a jury of nine women and three men chose to convict her of criminal possession of a weapon in the second degree for the shooting death of her husband, retired NYPD sergeant Raymond Sheehan, on the morning of February 18, 2008 in their Howard Beach home.

“It’s sad what happened, but I had no choice,” said Barbara, who claims she was trying to escape from her house when her husband confronted her. “He aimed a gun at me. He tried to kill me, and I had to defend myself. I tried to get away, but he wouldn’t allow me to. At the time I thought that if I had a gun maybe he wouldn’t come at me, but that didn’t work.”

Barbara, who faced 25 years to life in prison before being found not guilty of murder, could serve between two and a quarter to 15 years behind bars depending on sentencing. The Howard Beach resident was very disappointed with the jury’s verdict, and her lawyers believe the decision to be inherently contradictory.

“Our opinion is that the jury’s verdict is inconsistent as a matter of law,” said Niall MacGiollabhui, one of Barbara’s attorneys. “If you act in self defense, then that is not unlawful. It is lawful to act in self defense, and it is lawful to use a weapon in self defense even if it is not licensed to you because your intention is not to use it unlawfully, but in self defense.”

Barbara was scheduled to appear in court on Wednesday, October 12 to surrender. MacGiollabhui says an appeal of the conviction is imminent, and he also intends to submit an application to the appellate division to allow Barbara to remain on bail pending her sentencing and the results of the appeal.

As of press time, it remained uncertain whether Barbara would be allowed to remain out on bail.

According to MacGiollabhui, the District Attorney’s office has a record of text messages retrieved from the cell phones of Barbara and her children and sent by Raymond on the days leading up to his death. MacGiollabhui says that the messages confirm that Raymond was threatening both Barbara and their children, and that they could prove to be vital evidence during the appeal.

Although the DA’s office advised the defense to contact Verizon regarding the records, MacGiollabhui says the telephone company is unable to locate them. The attorney also says the defense is constitutionally entitled to the records, and he will make a formal request to the judge that the evidence be shared if the DA’s office proves uncooperative.

“The DA put on a case that Barbara and her children fabricated the domestic violence,” said MacGiollabhui. “If they put on that kind of a case, while they had evidence in their possession proving that Barbara’s husband made threats to her, to me that’s utterly dishonest.”

MacGiollabhui says the appeal may last at least another year, meaning Barbara’s fight to preserve her life is far from over.

“It’s been very difficult,” Barbara said – moments after her trial went to jury. “It continues to be very difficult until it is over.”