- By Eric Sanders
- In Abuse of State Power, Blog, Civil Rights Law, Civil Service Law, News, Press Release, Race Discrimination
For Immediate Release
Bronx DA Dismissal of Criminal Charges Against Pedro Hernandez
New York, NY, September 6, 2017 – Detective David Terrell offers no personal opinion other than to re-emphasize, he played ‘no investigative role’ in the Hernandez prosecution. Moreover, for any party to suggest the contrary, is an absolute fabrication.
Further in his litigation, Detective Terrell will detail ‘concrete objective credible evidence’ to support his legal assertions as outlined in the previously filed Notice of Claim.
It’s important for the public to remember, under prevailing law, police officers have to meet a ‘minimal’ constitutional legal standard known as ‘probable cause.’ That means, it is ‘more probable than not’ the accused committed a crime. Based upon the police investigation, the arrest of Mr. Hernandez was based upon ‘probable cause.’ However, unlike the police, the prosecution has to meet the high constitutional legal standard of proving ‘beyond a reasonable doubt’ the accused committed a crime. Based upon Bronx District Attorney Darcel Clark’s press release, she felt her office could not meet that high constitutional burden. Therefore, using her ‘prosecutorial discretion’ she motioned the Court to dismiss the pending criminal matter ‘in the interests of justice’ against Mr. Hernandez.
Prior to the dismissal, Detective Terrell filed a $175 Million Dollar Notice of Claim against the City of New York alleges Detective Terrell suffered mental anguish, pain, and suffering when the NYPD failed to protect his legal rights against ‘frivolous’ legal claims initiated against him using alleged unethical legal counsel.
According to the claim, the Department is fully aware this sort of assignment is particularly dangerous and a legal minefield. Detective Terrell claims the Department is fully aware gang members, their families and members of community that benefit from criminal enterprises routinely disrupt criminal investigations targeting members of the service with false allegations of police misconduct. Gang members, their families and members of the community that benefit from criminal enterprises hire alleged unethical private investigators and legal counsel to file frivolous civil rights lawsuits. In essence, Detective Terrell claims unethical private investigators and legal counsel conspire with the targeted criminal enterprise using public apathy towards litigation costs related to police misconduct stealing taxpayers’ monies through bogus legal fees and modest settlements. This is an ever-expanding “Cottage Industry.” NYPD litigation cost the taxpayers more than 1 Billion Dollars over the past 10 years, according to the claim.
In or around April 2015, Detective Terrell claims his most successful long-term criminal intelligence investigation led to the take down of The Lyman Place Crew (LPC). This gang-related criminal enterprise operated primarily using social media to reign terror in communities of color. This take down was considered one of the largest in the history of the South Bronx with the District Attorney filing a 57 Felony count Indictment against fifteen of the crew members including Mr. Anthony Floyd.
Based upon a confidential investigation, the LPC is affiliated with gang-related criminal enterprise The Hilltop Gang led by Mr. Pedro Hernandez aka “Pablo ‘BigBank Pablo’ Hernandez.” According to the claim, The Hilltop Gang consists of eighteen members including Mr. Angelo Cotto. The Hilltop Gang is in conflict with gang-related criminal enterprises known as The Wash Side Crew and the B-Road Crew. Detective Terrell claims these gang-related criminal enterprises are fighting to control the crime trade of committing larcenies, assaults, drug and firearm trafficking in and around Franklin Avenue from East 169 Street to Crotona Park South. Both long-term investigations of The LPC and The Hilltop Gang developed using eyewitnesses, surveillance, online social media aliases and other objective investigative techniques.
Detective Terrell claims that in a scheme to defraud taxpayers’ gang-related criminal enterprises such as The Hilltop Gang and the beneficiaries of their crimes, hire terminated NYPD Police Officer Private Investigator Manuel Gomez, Black Ops Private Investigators, Inc., the law firm of Nwokoro & Scola, Esquires and others. Mr. Gomez and the law firms then intentionally communicate completely false or distorted information about him to the public primarily through major media outlets such as Pix 11 Reporter James Ford and NBC Investigative Reporter Sarah Wallace, according to the claim. It is important to note, Detective Terrell claims WABC terminated Ms. Wallace for her reckless disregard for the truth in a different criminal matter. According to the claim, both Pix 11, NBC and other media companies use these ‘fake news’ stories about him as “clickbait.” The overall goals are to use ‘fake news’ stories about him to increase its readership and advertising revenue, says Detective Terrell. According to the claim, members of this “Cottage Industry” Mr. Gomez and the law firms strategies are to ensure potential jurors remain apathetic towards police misconduct increasing the likelihood of criminal acquittals for their clients. In the event a civil action filed, increase the likelihood their clients would recover bogus legal fees, settlements from he and the taxpayers. According to the claim, after the various ‘fake news’ stories, the law firms communicated completely false or distorted information about he and other members of the service through legal public filings seeking damages for their clients in the New York City Comptroller’s Office, Bronx Supreme Court and the United States District Court for the Southern District of New York.
According to the claim, Detective Terrell provides some examples of the alleged false or distorted information communicated to the public from Mr. Gomez and the law firm of Nwokoro & Scola, Esquires., through news stories and/or legal filings seeking damages:
- On or about November 9, 2016, in Anthony Floyd v. City of New York, et al., 16 cv 8655, filed in the United States District Court for the Southern District of New York, Mr. Anthony Floyd a member of the LPC allegedly falsely claimed Detective Terrell arrested him without probable cause. Meanwhile, Detective Terrell had no contact with Mr. Floyd because he was already in the station house processing a separate arrest. Mr. Gomez and the law firm had direct access to the true information from the client and public court documents but allegedly chose to communicate this false information anyway;
- On or about November 7, 2016, in Angelo Cotto v. City of New York, et al., 16 cv 8651, filed in the United State District Court for the Southern District of New York, Mr. Angelo Cotto a member of The Hilltop Gang allegedly falsely claimed Detective Terrell arrested and assaulted him. Meanwhile, Detective Terrell had no contact with Mr. Cotto because he was on his Regular Day Off. Mr. Gomez and the law firm had direct access to the information from the client and public court documents but allegedly chose to communicate this false information anyway;
- In or around July 2015, Mr. Pedro “Pablo ‘BigBank Pablo’ Hernandez,” leader of The Hilltop Gang allegedly claims he was arrested for the Attempted Murder of Tyrese Revels.
According to the claim, Detective Terrell never interviewed, assisted, arrested and/or participated in the apprehension of Mr. Cotto or Mr. Hernandez. Mr. Gomez and the law firm had direct access to the information from the clients and defense attorney’s file.
Detective Terrell claims there are many others…
Detective Terrell asserts his legal rights under the Civil Rights Act of 1871 42 U.S.C. §§ 1983 and 1985, New York State Judiciary Law § 487 and Defamation.
“The purpose of this proactive civil litigation is to stem the tide of ‘frivolous’ lawsuits filed against hardworking honest officers. We intend to hold these parties accountable for ‘gaming the system and fleecing the taxpayers,” Sanders said.
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