Westchester County District Attorney

March 18, 2020 – White Plains: “Like all of you, I am concerned with the health and safety of our staff as well as the people of Westchester who we serve every day. With that in mind, we have instituted staffing plans which will allow us to continue to serve the public and the criminal justice system, following guidelines from both the state and federal governments on numbers of people in the workplace and allowance for social distancing.

All staff are being placed on rotation with partial staff working from home and the remainder working in our offices. NYS Courts functions have been curtailed but our staff will continue to be available for new cases, arraignments and investigations. Our in-office team is staffing two active consolidated court parts in the Westchester County Courthouse. All eight branch offices throughout the county, serving 41 local police jurisdictions, remain open with a reduced in-office staff.

Medically high-risk staff or those living with high-risk individuals will not rotate into our offices or appear in court.

Please know, even in this unprecedented health crisis, the District Attorney’s Office continues to serve all of our residents in our commitment to keep Westchester safe.”

In compliance with the Rules of Professional Conduct, Rule 3.6, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.

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Media contact:
media@westchesterda.net
(914) 995-3586

At Temple Israel Center in White Plains, nearly 800 attendees came out for “Anti-Semitism: What We Face and How We Fight It,” a discussion about the rise of anti-Semitism in the United States and abroad, and Westchester’s efforts to combat hatred. The Jan.10 event was presented by UJA-Federation of New York in Westchester in collaboration with Westchester Jewish Council.

Westchester County District Attorney, Anthony A. Scarpino, Jr. opened the program and shared insights into the work the District Attorney’s Office does to create a safer and more secure community.

He told the audience he is “still reeling from the vicious attack in a rabbi’s home where congregants were celebrating Hanukkah in Rockland County. It should have been a joyful celebration. Instead, it ended in tragedy. As the news broke of the attack on the Monsey congregation, I reached out to this group to remind you my office is here to support you and help protect you. That was before we knew whether the violence was an isolated incident or something more complex. But even now, we are mindful it was part of a pattern of anti-Semitic violence in our region.”

DA Scarpino explained how the Westchester Intelligence Center (WIC), a unit of the DA’s office, staffed with analysts and criminal investigators, was immediately in contact with NYS Police and went on alert. Our Chief Criminal Investigator Chris McNerney and the Acting Director of the WIC Andrew Ludlum lead our work during this time of heightened concern and our on-going commitment to protecting the community.

The WIC engages year-round in hate crime/hate speech intelligence-gathering through partnerships with the US Justice Department, FBI, Homeland Security, the NYS Police, NYPD and others. The WIC has a continuing partnership with the Westchester Jewish Council Security Committee, along with a trusted partnership with the Anti-Defamation League and maintain membership in its regional law enforcement advisory council.

DA Scarpino also explained how the DA’s Office Hate Crimes Unit works with local police to charge and prosecute hate crimes, and, under the leadership of Assistant District Attorney Susan Brownbill-Vega, educates schools and community groups to help prevent bias incidents in the County. The Office is a co-sponsor with the Westchester-based Holocaust and Human Rights Education Center (HHREC) conference for educators to give them the tools they need to teach about race and racism and its consequences.
DA Scarpino was followed by Mark Weitzman, Director of Government Affairs for the Simon Wiesenthal Center, who provided historical context about anti-Semitism, reminding the audience that anti-Semitism is not new–simply the growth of what has always been present.

Hindy Poupko, Deputy Chief Planning Officer at UJA-Federation of New York, concluded the formal remarks with an overview of initiatives the UJA-Federation is undertaking to combat anti-Semitism including making a major investment in new security experts and staffing as part of the organization and is strengthening community relations efforts with non-Jewish groups.

If organizations are interested in a presentation on NYS hate crimes law and tolerance in society, they may contact the District Attorney’s Community Outreach office at (914) 995-3317.

Pictured above from left to right: Mark Weitzman (Simon Wiesenthal Center), Audrey Stein, (UJA-Federation), Hindy Poupko (UJA-Federation), Elliot Forchheimer (Westchester Jewish Council), DA Anthony A. Scarpino, Jr.

Photos by Michael Priest Photography.

Dora, age 75, has reported her son’s repeated physical abuse to the police. This is the third time the District Attorney has charged him with a crime but Dora feels extremely conflicted about testifying against him. The last two charges were dropped after Dora’s son convinced her to let him move back in with her, promising things would be better. How will this time be different?

Eric, 83, never married or had children and lives alone in the beautiful family home he inherited. As he grows increasingly confused, he becomes dependent on his plumber, who has become his health care proxy and has power of attorney. His longtime bank notices suspicious activity on his account and reports its concerns to the District Attorney. How will Eric stay safe during the investigation and prosecution?

These are just two of the many potential scenarios that describe the difficult issues involved in elder abuse cases. Elder abuse is a complex and prevalent phenomenon, with one in 10 people over 60 years old experiencing some form of abuse. Elder abuse can be a crime and the needs of people who experience elder abuse are intensive and multifaceted. Perpetrators of abuse can take advantage of a victim’s physical and cognitive vulnerabilities, often causing further decline. People who experience abuse are often isolated from family, friends and social service agencies, causing critical needs of all sorts to go unmet. Most elder abuse includes some form of financial exploitation, plunging many victims into economic crisis. Further complicating the abuse are the feelings of love and trust, as well as hurt and betrayal, which people who experience abuse have toward those who have harmed them. The perpetrators are often their family, caretakers or trusted friends. Fear of making a complaint, feelings of embarrassment, and fear for one’s safety are always overriding concerns in cases involving older victims.

To holistically and effectively address the needs of older victims, the Westchester County District Attorney’s Office partnered with Westchester County Department of Social Services/Adult Protective Services, Westchester County Senior Programs and Services, the Harry and Jeanette Weinberg Center for Elder Justice at the Hebrew Home at Riverdale, the Pace Women’s Justice Center and the New York State Office of the Attorney General to found the Westchester County Elder Abuse Multidisciplinary Team (MDT). The Westchester County Department of Social Services provides some funding for the MDT. The team has since expanded to include Hudson Valley Legal Services, Westchester County Department of Community Mental Health and Family Services of Westchester’s Elder Abuse Prevention program.

An MDT generally consists of a group of professionals representing different agencies. These team members have different backgrounds and areas of expertise who work together to address elder abuse within the same geographic area. The team meets regularly to discuss emergent complex cases of elder abuse, gather relevant information, and then strategically craft a multi-agency action plan for each client. Since its first meeting in January 2012, the team has worked on over a 120 complex elder abuse cases.

Fredric Green, Second Deputy District Attorney and Chief of the Special Prosecutions Division,
adds, “even when we cannot prosecute a case, the agencies represented at the MDT make sure that resources for older victims, related to their housing, banking, health and other daily needs are always being addressed.”

In 2018, Governor Cuomo included $8.4 million in his budget to fund MDTs in every county in New York State. “Our office is pleased to see this effective and efficient technique gain statewide traction,” says Green. “For us, it’s about justice for victims. To achieve that, we all need to work together.”

John Befus, First Deputy Commissioner of the Department of Social Services that oversees the Adult Protective staff who are key members on the MDT, praises the team’s professionalism and commitment stating, “the MDT participants are a dedicated group of professionals who come together from many different disciplines, to genuinely make a difference in the lives of abused and exploited older adults.”

For more information on the county’s MDT, or to refer a case to the team, email Malya Levin, Senior Staff Attorney at the Harry and Jeanette Weinberg Center for Elder Justice at the Hebrew Home at Riverdale and Westchester County MDT Coordinator.

The DA’s Office Elder Abuse Unit can be reached at (914) 995-3000 or after hours on their Elder abuse help line at (914) 995-1940
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The authors are Malya Levin, Westchester County Elder Abuse Multi-Disciplinary Team Coordinator and Senior Staff Attorney at the Harry and Jeanette Weinberg Center for Elder Justice at the Hebrew Home in Riverdale, N.Y. and Fredric I. Green, Second Deputy District Attorney and Chief of the Special Prosecutions Division at the Westchester County District Attorney’s Office.

 The red flag law went into effect in August, 2019, and is an important tool to keep Westchester safe. Now, we are helping Westchester residents who believe an Extreme Risk Protection Order (ERPO) should be served on an individual bent on potentially using weapons to commit a violent act.

There are a number of legal steps for an individual to obtain this kind of civil protection order. The petitioner can contact their local police department or can call the District Attorney’s ERPO response unit to help them file for an ERPO against a resident of Westchester County. ADA Michael D’Addario is the first point of contact in the DA’s Office (914-995-3339).

What the Court Does
Here are the steps it takes for the courts to temporarily remove the rights of a person to access firearms:
The petition must be a sworn statement and should set forth the facts and circumstances to support the issuance of an ERPO. The petition must state that the applicant knows or has reason to believe the individual against whom the order is sought, owns, possesses or has access to a firearm, rifle or shotgun, and must provide the location or locations with specificity. The petition must be filed in the county in which the person of concern (the respondent) resides. The petition must explain the basis to support a finding by the Supreme Court that there is “probable cause to believe that the respondent is likely to engage in conduct that would result in serious harm to himself, herself or others.”

If the Court finds probable cause, a temporary ERPO will be issued. The factors considered by the Court are enumerated in the Statute. The temporary order can be made ex parte (meaning without a lawyer), and no notice to the respondent is required. The temporary order must be in writing and shall direct the respondent to surrender any and all weapons to law enforcement.

The Court will provide a copy of the order with supporting documents and arrange for prompt service. The Court will designate the law enforcement agency responsible for service of the order and retrieval of the guns. The Court will also notify NY State Police, Division of Criminal Justice Services and any licensing officials of the temporary order.

A hearing must be held in not less than three and no more than six business days from the date of issuance.

At the conclusion of the hearing, the Court will make a determination on a final order. The petitioner shall have to prove by “clear and convincing evidence” the respondent is likely to engage in conduct that would result in serious harm to himself, herself or others.

More information on filing an ERPO in New York State