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Doctor's wife guilty of murder-for-hire
Criminal Law Updates | 2007/07/06 16:18

A woman accused of offering her younger lover a share of her doctor husband's multimillion-dollar estate to entice him to kill the 69-year-old was convicted Friday of murder-for-hire and other charges. Donna Moonda, 48, could now face the death penalty. The defense had argued that her 25-year-old lover, Damian Bradford, had acted alone and that Moonda had tried to revive her husband after Bradford shot him along the Ohio turnpike. Federal prosecutors argued the two were in it together and portrayed Moonda as a perpetual liar, thief and drug user.

"Two minds were set on murder," assistant U.S. attorney Linda Barr told jurors Thursday in closing arguments. "Two fingers were on the trigger of that gun on May 13, 2005, and two people must be held accountable."

Bradford has admitted shooting the doctor in the side of the head after his wife pulled over on the turnpike south of Cleveland, supposedly to let her husband take the wheel.

The federal jury also convicted Moonda of interstate stalking and two counts of using or carrying a firearm in the commission of a violent crime.

As U.S. District Judge David D. Dowd Jr. read the four guilty verdicts, Moonda went from holding back tears, to shaking her head to quietly sobbing, dabbing her eyes with a tissue.

Jurors deliberated for eight hours over two days after more than two weeks of testimony.

Moonda's defense was that Bradford, a convicted drug dealer, robbed and killed the doctor in a steroid-fueled rage. Defense attorney Roger Synenberg told jurors that if they believed Bradford, then his client came up with the worst plan to murder a husband.

Bradford testified that on the day of the shooting, he followed the couple as they left their home in Hermitage, Pa., near the Ohio state line, and pulled in behind them when Donna Moonda stopped their Jaguar along the turnpike. He said he ran to the passenger side of the car and shot the doctor.

Other key evidence cited by prosecutors were a series of phone calls and text messages between Bradford and Moonda the day of the killing, up until she and her husband left on their trip.

Prosecutors pointed to Moonda's description of the shooter being the same height as her husband, 5-foot-3, as more evidence of her deceit. But Synenberg explained that the 5-foot-10 Bradford may have appeared shorter because he was leaning down looking into the car when he shot the doctor in the temple.

Moonda's attorney said in his closing argument that the doctor still had a pulse when paramedics arrived because his wife, a nurse anesthetist, had performed CPR. Synenberg said that action was proof of her innocence.

Bradford, of Monaca, Pa., met Donna Moonda in drug rehab, according to court records. He has pleaded guilty to interstate stalking and a gun charge and is expected to receive a 17 1/2-year sentence.



Not-guilty pleas in police beating case
Criminal Law Updates | 2007/07/03 11:01
Three Chicago police officers accused of beating four businessmen in a bar pleaded not guilty. The incident was one of several videotaped confrontations that have led to criticism of the city's Police Department.

Sgt. Jeffrey Planey and Officers Paul Powers and Gregory Barnes entered their pleas during a hearing in Cook County Circuit Court, said Andy Conklin, a spokesman with the Cook County state's attorney's office.

Planey was charged with two counts of obstruction of justice, six counts of aggravated battery and five counts of official misconduct; Powers and Barnes each face two counts of aggravated battery, Conklin said.


Two plead guilty in horse doping case
Criminal Law Updates | 2007/06/28 10:24

A father and son accused of trying to fix races by injecting harness horses with substances designed to deaden pain or improve performance pleaded guilty Wednesday to felony charges. William Barrack, 68, and his son, Keith, 43, pleaded guilty to one count each of interference with a domestic animal in Saratoga County Court, district attorney James A. Murphy III said.

The men originally were indicted on two felony counts of first-degree scheming to defraud and fifth-degree conspiracy, among other misdemeanor charges. A deal was reached and the men pleaded guilty to the most serious charges for injecting Disco Force A with cobra snake venom on Oct. 26, 2006, and Epogen on Nov. 9, 2006, Murphy said. The men earned $900 on the Oct. 26 race, Murphy said.

The investigation began in September at Saratoga Gaming and Raceway following a tip from people at the track that harness horses were being injected.

The indictments also charged the Barracks with wrongly giving Patsy B Happy the anti-bleeding drug Lasix on Nov. 3, 2006. They earned $540 in that race.

The men will be sentenced Aug. 31. Murphy said it was likely the men would receive probation, but a judge will make that determination.

The Barracks' horse racing licenses are currently suspended, and a hearing will determine whether they will be permanently revoked.

Marc Mosher, 38, Robert Moscone, 60, and Carl Forrester, 31, also face charges in the case. It was unclear late Wednesday when their trials will take place. Each was charged with two counts of fifth-degree conspiracy, a misdemeanor.



Shelton pleads guilty to attempted murder of teen
Criminal Law Updates | 2007/06/18 11:22

A former Metro East teacher pleaded guilty to attempted murder today and was sentenced to 20 years in prison for an attack that left a teenager clinging to life in a Belleville park. Samson Shelton entered his plea in St. Clair County. During his court appearance today, he answered the judge's questions but declined to address the court before his sentencing and didn't offer an apology to his victim.

Authorities say Samson snapped Ashley Reeves' neck in April of last year and left the teen in the park, where she was found 30 hours later.

Reeves was in court today and says she didn't expect an apology. She says she's glad to have the case over with and wants to go on with her life.

The 18-year-old says she's continuing her rehabilitation and plans to go to college.



Three MS-13 Leaders Charged with Racketeering
Criminal Law Updates | 2007/06/06 17:06

A federal grand jury in Greenbelt, Md., has charged leaders of the violent street gang known as MS-13 with federal racketeering crimes, including two men who allegedly ordered murders inside the United States from their prison cells in El Salvador, Attorney General Alberto R. Gonzales announced today.

The 30-count superseding indictment returned June 4, 2007, alleges that the three defendants—Dany Fredy Ramos Mejia, aka “Sisco,” Saul Antonios Turcio Angel, aka “Trece,” and Rigoberto Del Transito Mejia Regaldo, aka “Ski”—conspired to participate in a racketeering enterprise in the United States and El Salvador that involved murder, robbery, obstruction of justice, and witness tampering through their participation in La Mara Salvatrucha, or MS-13. Two of the defendants allegedly communicated with MS-13 gang members from prison in El Salvador to commit a variety of crimes, including one instance which resulted in the murders of two persons in the United States.

Specifically, the indictment alleges that the three defendants and at least 13 others in the United States conspired from at least 2001 to March 2007 to operate an MS-13 enterprise in the United States and El Salvador through a pattern of racketeering activity, including: eight murders in Maryland and one in Virginia; the use of deadly weapons including firearms, baseball bats, machetes, bottles or knives in the commission of murders, attempted murders, and assaults on juvenile females, rival gang members, and an MS-13 gang member from El Salvador; kidnapping; robbery; obstruction of justice; and witness tampering.

“Today's announcement results, in part, from a series of comprehensive anti-gang initiatives undertaken by the Department to target and pursue America's most violent and dangerous gangs,” said Attorney General Gonzales.  "I also want to acknowledge the cooperation provided by officials in the government of El Salvador who have strongly demonstrated their commitment to combating MS-13 and other violent gangs that operate in El Salvador, and elsewhere in Central America, Mexico and the United States.”

Among other things, the indictment alleges that in or about September or October 2004, Mejia and Angel produced a videotape of themselves and fellow MS-13 gang members in El Salvador, in which they communicated to MS-13 gang members in Maryland regarding the activities of MS-13 in El Salvador. The indictment also alleges that on or about Oct. 9, 2005, Angel communicated with members of the Teclas Locos Salvatruchos clique in Maryland via cell phone from inside prison in El Salvador regarding acts of violence, including murder, against rival gang members, and that later that same day, other gang members in Maryland killed two people and wounded a juvenile.

The indictment also alleges that on or about Aug. 21, 2005, Regaldo participated in the premeditated murder of Anber Juarez Sanchez in Howard County, Md. The indictment further alleges that on or about May 27, 2006, Regaldo and others participated in the armed robbery of a grocery story in Reisterstown, Md.

All three defendants are currently incarcerated in El Salvador on charges for crimes allegedly committed in that country. If convicted, each defendant faces a maximum sentence in the United States of life in prison for conspiracy to participate in a racketeering enterprise. All defendants are presumed innocent under the law until and unless convicted.

“This indictment is an example of the strategic approach that the Department of Justice has taken to combating the international and multi-jurisdictional problem of violent gangs,” said Assistant Attorney General Alice S. Fisher of the Criminal Division.  “We have marshaled our resources to ultimately target the leadership of these gangs, whether on the streets of our neighborhoods or in cities abroad.”

“Federal, state and local law enforcement authorities are united with our international partners in pursuing gang leaders who direct criminal activity as well as members who carry it out,” said U.S. Attorney Rod J. Rosenstein of the District of Maryland. “If you join a gang that commits crimes, you can be held accountable for all criminal activity committed by other gang members.”

“MS-13 is a criminal organization that has terrorized our nation’s neighborhoods and jeopardized community safety for far too long,” said Acting Director Michael J. Sullivan, Bureau of Alcohol, Tobacco, Firearms, and Explosives. “This indictment sends a strong signal that anyone who joins the gang and participates in violent acts on its behalf will continue to be brought to justice, no matter where they may hide.”

“This indictment should send a message to MS-13 and other gangs that their violence will not be tolerated in our streets and our neighborhoods, and we will not permit gang leaders to seek refuge outside of our borders to commit crimes within the United States,” said Assistant Director Kenneth W. Kaiser, FBI Criminal Investigative Division. “The FBI’s MS-13 National Gang Task Force, in partnership with local, state, federal and international law enforcement, is working diligently to dismantle MS-13 and eradicate the threat it poses around the world.”

Attorney General Gonzales announced in San Salvador on Feb. 5, 2007, a far-reaching set of anti-gang initiatives in cooperation with El Salvador, Mexico, and neighboring countries. The February announcement included the establishment of a new Transnational Anti-Gang Center (TAG), including up to a dozen investigators from the Civilian National Police (PNC) in El Salvador, embedded prosecutors from the El Salvador Attorney General’s office, special FBI teams assigned to El Salvador, and State Department support. The effort to stand up the TAG center is underway, and PNC investigators who are part of the new center assisted in the investigation in this case.

In matters related to this case to date, 42 MS-13 gang members have been charged with various federal offenses, with 30 defendants charged in this RICO conspiracy case. Jose Hipolito Cruz Diaz, a/k/a “Pirana,” Omar Vasquez, a/k/a “Duke,” and Henry Zelaya, a/k/a “Homeboy,” were convicted at trial by a federal jury on April 27, 2007, of the racketeering conspiracy and face a maximum sentence of life in prison. Edgar Alberto Ayala, a/k/a “Pony,” and Oscar Ramos Velasquez, a/k/a “Casper,” were convicted at trial by a federal jury in November 2006 of racketeering conspiracies. Ayala was sentenced on June 1, 2007, to 35 years in prison, and Velasquez faces a maximum sentence of life at his sentencing scheduled for July 23, 2007. Nine defendants, all of Maryland, have pleaded guilty, including: Walter Barahona, who was sentenced on April 16, 2007, to 14 years in prison; Franklin Mejia Molina, who was sentenced on Dec. 4, 2006, to more than nine years in prison; and Juan Lopez, who was sentenced on Oct. 16, 2006, to 87 months in prison. Jose Pena Aguilar was sentenced to 10 years in prison on Nov. 6, 2006, for using a firearm in furtherance of a racketeering conspiracy, to be served consecutive to a 20-year sentence received in the Circuit Court of Prince George’s County for attempted murder.

The charges span three states, three federal districts, and two countries. In addition to the murders in Maryland and Virginia, and the conduct in El Salvador, the indictment also alleges a relationship to alleged MS-13 gang members and activity charged recently by a federal grand jury in Nashville. That indictment charges 14 defendants with RICO and gun charges and is being prosecuted by the Criminal Division’s Gang Squad and the U.S. Attorney’s Office for the Middle District of Tennessee.

The charges stem from a long-term investigation initiated by the U.S. Attorney’s Office for the District of Maryland, conducted jointly with the Gang Squad of the Criminal Division at the U.S. Department of Justice and a task force headed by the ATF. The Regional Area Gang Enforcement (RAGE) Task Force is comprised of agents and officers from the ATF; the Federal Bureau of Investigation; the Bureau of Immigration and Customs Enforcement (ICE) at the Department of Homeland Security; the Maryland National Capital Park Police; the Prince George’s County, Howard County and Montgomery County Police Departments; as well as the Maryland State Police. Both the FBI’s MS-13 National Gang Task Force and the PNC in El Salvador assisted the Task Force with investigating the international defendants in El Salvador.

Assistant U.S. Attorneys James Trusty and Chan Park from the District of Maryland and Trial Attorney David Jaffe from the Justice Department’s Gang Squad are prosecuting this case.



Homeless man pleads guilty in manhole slayings
Criminal Law Updates | 2007/05/31 08:54

A homeless man accused of killing four other homeless men and placing their bodies in manholes in a dispute over scrap metal pleaded guilty Wednesday to four counts of murder.
 
Daniel J. Sharp entered the plea as part of an agreement with prosecutors that will have him serve his sentences concurrently instead of consecutively.
Sharp, 55, faces 45 to 65 years when he is sentenced Sept. 4 by St. Joseph Superior Court Judge Jane Woodward Miller.

Sharp pleaded guilty to killing Michael S. Nolen Jr., Michael W. Lawson, Brian Talboom and Jason Coates between Dec. 18 and 21 and dumping their bodies in manholes 75 yards apart just south of downtown South Bend.

Autopsies showed the four men died of blunt force trauma to the head. Sharp said he hit two of the men with "blunt objects" and helped another man kill the two others.

Randy Lee Reeder, 51, South Bend, also is charged with four counts of murder. According to the plea agreement, Sharp has agreed to testify against Reeder. Reeder's trial is scheduled for July 12.



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