Two former child welfare workers were indicted on charges of criminally negligent homicide for failing to properly monitor the family of a 4-year old girl who died in September 2010.
I N D I C T M E N T
S U P R E M E C O U R T O F T H E S T A T E O F N E W Y O R K
C O U N T Y O F K I N G S
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THE PEOPLE OF THE STATE OF NEW YORK
AGAINST
INDICTMENT NO. 1807/2011
X. D.A. NON-ALIGNED
DEFENDANT CRIMES AGAINST CHILDREN
X. C.B.
DEFENDANT
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AFO: SEX CRIME: NA
PL 175.20 TAMPERING WITH PUBLIC RECORDS IN THE SECOND DEGREE
AFO: SEX CRIME: NA
PL 175.10 FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE
AFO: SEX CRIME: NA
AFO: SEX CRIME: NA
PL 195.00(1) OFFICIAL MISCONDUCT
AFO: SEX CRIME: NA
PL 195.00(2) OFFICIAL MISCONDUCT
AFO: SEX CRIME: NA
PL 195.00(2) OFFICIAL MISCONDUCT
AFO: SEX CRIME: NA
PL 195.00(2) OFFICIAL MISCONDUCT
AFO: SEX CRIME: NA
PL 195.00(2) OFFICIAL MISCONDUCT
AFO: SEX CRIME: NA
PL 195.00(2) OFFICIAL MISCONDUCT
AFO: SEX CRIME: NA
PL 195.00(2) OFFICIAL MISCONDUCT
AFO: SEX CRIME: NA
PL 195.00(2) OFFICIAL MISCONDUCT
AFO: SEX CRIME: NA
PL 195.00(2) OFFICIAL MISCONDUCT
AFO: SEX CRIME: NA
PL 195.00(2) OFFICIAL MISCONDUCT
AFO: SEX CRIME: NA
PL 195.00(2) OFFICIAL MISCONDUCT
AFO: SEX CRIME: NA
PL 195.00(2) OFFICIAL MISCONDUCT
AFO: SEX CRIME: NA
PL 195.00(2) OFFICIAL MISCONDUCT
AFO: SEX CRIME: NA
AFO: SEX CRIME: NA
PL 260.10(1) ENDANGERING THE WELFARE OF CHILD
AFO: SEX CRIME: NA
FIRST COUNT
THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES THE DEFENDANT D.A. OF THE CRIME OF TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE [PL 175.25] COMMITTED AS FOLLOWS:
THE DEFENDANT, ON OR ABOUT SEPTEMBER 10, 2010, IN THE COUNTY OF KINGS, KNOWING THAT HE DID NOT HAVE THE AUTHORITY OF ANYONE ENTITLED TO GRANT IT, AND WITH INTENT TO DEFRAUD, KNOWINGLY REMOVED, MUTILATED, DESTROYED, CONCEALED, MADE A FALSE ENTRY IN OR FALSELY ALTERED ANY RECORD OR OTHER WRITTEN INSTRUMENT FILED WITH, DEPOSITED IN, OR OTHERWISE CONSTITUTING A RECORD OF A PUBLIC OFFICE, NAMELY: NEW YORK CITY CHILDREN'S SERVICES, OR PUBLIC SERVANT.
SECOND COUNT
THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES THE DEFENDANT D.A. OF THE CRIME OF TAMPERING WITH PUBLIC RECORDS IN THE SECOND DEGREE [PL 175.20] COMMITTED AS FOLLOWS:
THE DEFENDANT, ON OR ABOUT SEPTEMBER 10, 2010, IN THE COUNTY OF KINGS, KNOWING THAT HE DID NOT HAVE THE AUTHORITY OF ANYONE ENTITLED TO GRANT IT, KNOWINGLY REMOVED, MUTILATED, DESTROYED, CONCEALED, MADE A FALSE ENTRY IN OR FALSELY ALTERED ANY RECORD OR OTHER WRITTEN INSTRUMENT FILED WITH, DEPOSITED IN, OR OTHERWISE CONSTITUTING A RECORD OF A PUBLIC OFFICE, NAMELY: NEW YORK CITY CHILDREN'S SERVICES, OR PUBLIC SERVANT.
THIRD COUNT
THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES THE DEFENDANT D.A. OF THE CRIME OF FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE [PL 175.10] COMMITTED AS FOLLOWS:
THE DEFENDANT, ON OR ABOUT SEPTEMBER 10, 2010, IN THE COUNTY OF KINGS, WITH INTENT TO DEFRAUD, MADE OR CAUSED A FALSE ENTRY IN THE BUSINESS RECORDS OF AN ENTERPRISE, SPECIFICALLY, NEW YORK CITY CHILDREN'S SERVICES, AND HIS INTENT TO DEFRAUD INCLUDED AN INTENT TO COMMIT ANOTHER CRIME OR TO AID OR CONCEAL THE COMMISSION THEREOF, NAMELY: THE RECORDS OF NEW YORK CITY CHILDREN'S SERVICES.
FOURTH COUNT
THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES THE DEFENDANT D.A. OF THE CRIME OF FALSIFYING BUSINESS RECORDS IN THE SECOND DEGREE [PL 175.05(1)] COMMITTED AS FOLLOWS:
THE DEFENDANT, ON OR ABOUT SEPTEMBER 10, 2010, IN THE COUNTY OF KINGS, WITH INTENT TO DEFRAUD, MADE OR CAUSED A FALSE ENTRY IN THE BUSINESS RECORDS OF AN ENTERPRISE, SPECIFICALLY, NEW YORK CITY CHILDREN'S SERVICES, NAMELY: THE RECORDS OF NEW YORK CITY CHILDREN'S SERVICES.
FIFTH COUNT
THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES THE DEFENDANT D.A. OF THE CRIME OF OFFICIAL MISCONDUCT [PL 195.00(1)] COMMITTED AS FOLLOWS:
THE DEFENDANT, ON OR ABOUT SEPTEMBER 10, 2010, IN THE COUNTY OF KINGS, BEING A PUBLIC SERVANT, WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER PERSON OF A BENEFIT, COMMITTED AN ACT RELATING TO HIS OFFICE BUT CONSTITUTING AN UNAUTHORIZED EXERCISE OF HIS OFFICIAL FUNCTIONS, KNOWING THAT SUCH ACT WAS UNAUTHORIZED.
SIXTH COUNT
THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES THE DEFENDANT D.A. OF THE CRIME OF OFFICIAL MISCONDUCT [PL 195.00(2)] COMMITTED AS FOLLOWS:
THE DEFENDANT, ON OR ABOUT AND BETWEEN MARCH 3, 2010 AND MARCH 31, 2010 IN THE COUNTY OF KINGS, BEING A PUBLIC SERVANT, WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER PERSON OF A BENEFIT, REFRAINED FROM PERFORMING A DUTY WHICH IS IMPOSED UPON HIM BY LAW OR IS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE.
SEVENTH COUNT
THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES THE DEFENDANT D.A. OF THE CRIME OF OFFICIAL MISCONDUCT [PL 195.00(2)] COMMITTED AS FOLLOWS:
THE DEFENDANT, ON OR ABOUT AND BETWEEN APRIL 1, 2010 AND APRIL 30, 2010 IN THE COUNTY OF KINGS, BEING A PUBLIC SERVANT, WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER PERSON OF A BENEFIT, REFRAINED FROM PERFORMING A DUTY WHICH IS IMPOSED UPON HIM BY LAW OR IS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE.
EIGHTH COUNT
THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES THE DEFENDANT D.A. OF THE CRIME OF OFFICIAL MISCONDUCT [PL 195.00(2)] COMMITTED AS FOLLOWS:
THE DEFENDANT, ON OR ABOUT AND BETWEEN MAY 1, 2010 AND MAY 31, 2010 IN THE COUNTY OF KINGS, BEING A PUBLIC SERVANT, WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER PERSON OF A BENEFIT, REFRAINED FROM PERFORMING A DUTY WHICH IS IMPOSED UPON HIM BY LAW OR IS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE.
NINTH COUNT
THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES THE DEFENDANT D.A. OF THE CRIME OF OFFICIAL MISCONDUCT [PL 195.00(2)] COMMITTED AS FOLLOWS:
THE DEFENDANT, ON OR ABOUT AND BETWEEN JUNE 1, 2010 AND JUNE 30, 2010 IN THE COUNTY OF KINGS, BEING A PUBLIC SERVANT, WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER PERSON OF A BENEFIT, REFRAINED FROM PERFORMING A DUTY WHICH IS IMPOSED UPON HIM BY LAW OR IS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE.
TENTH COUNT
THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES THE DEFENDANT D.A. OF THE CRIME OF OFFICIAL MISCONDUCT [PL 195.00(2)] COMMITTED AS FOLLOWS:
THE DEFENDANT, ON OR ABOUT AND BETWEEN JULY 1, 2010 AND JULY 31, 2010 IN THE COUNTY OF KINGS, BEING A PUBLIC SERVANT, WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER PERSON OF A BENEFIT, REFRAINED FROM PERFORMING A DUTY WHICH IS IMPOSED UPON HIM BY LAW OR IS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE.
ELEVENTH COUNT
THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES THE DEFENDANT D.A. OF THE CRIME OF OFFICIAL MISCONDUCT [PL 195.00(2)] COMMITTED AS FOLLOWS:
THE DEFENDANT, ON OR ABOUT AND BETWEEN AUGUST 1, 2010 AND SEPTEMBER 2, 2010 IN THE COUNTY OF KINGS, BEING A PUBLIC SERVANT, WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER PERSON OF A BENEFIT, REFRAINED FROM PERFORMING A DUTY WHICH IS IMPOSED UPON HIM BY LAW OR IS CLEARLY INHERENT IN THE NATURE OF HIS OFFICE.
TWELFTH COUNT
THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES THE DEFENDANT C.B. OF THE CRIME OF OFFICIAL MISCONDUCT [PL 195.00(2)] COMMITTED AS FOLLOWS:
THE DEFENDANT, ON OR ABOUT AND BETWEEN MARCH 3, 2010 AND MARCH 31, 2010 IN THE COUNTY OF KINGS, BEING A PUBLIC SERVANT, WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER PERSON OF A BENEFIT, REFRAINED FROM PERFORMING A DUTY WHICH IS IMPOSED UPON HER BY LAW OR IS CLEARLY INHERENT IN THE NATURE OF HER OFFICE.
THIRTEENTH COUNT
THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES THE DEFENDANT C.B. OF THE CRIME OF OFFICIAL MISCONDUCT [PL 195.00(2)] COMMITTED AS FOLLOWS:
THE DEFENDANT, ON OR ABOUT AND BETWEEN APRIL 1, 2010 AND APRIL 30, 2010 IN THE COUNTY OF KINGS, BEING A PUBLIC SERVANT, WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER PERSON OF A BENEFIT, REFRAINED FROM PERFORMING A DUTY WHICH IS IMPOSED UPON HER BY LAW OR IS CLEARLY INHERENT IN THE NATURE OF HER OFFICE.
FOURTEENTH COUNT
THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES THE DEFENDANT C.B. OF THE CRIME OF OFFICIAL MISCONDUCT [PL 195.00(2)] COMMITTED AS FOLLOWS:
THE DEFENDANT, ON OR ABOUT AND BETWEEN MAY 1, 2010 AND MAY 31, 2010 IN THE COUNTY OF KINGS, BEING A PUBLIC SERVANT, WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER PERSON OF A BENEFIT, REFRAINED FROM PERFORMING A DUTY WHICH IS IMPOSED UPON HER BY LAW OR IS CLEARLY INHERENT IN THE NATURE OF HER OFFICE.
FIFTEENTH COUNT
THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES THE DEFENDANT C.B. OF THE CRIME OF OFFICIAL MISCONDUCT [PL 195.00(2)] COMMITTED AS FOLLOWS:
THE DEFENDANT, ON OR ABOUT AND BETWEEN JUNE 1, 2010 AND JUNE 30, 2010 IN THE COUNTY OF KINGS, BEING A PUBLIC SERVANT, WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER PERSON OF A BENEFIT, REFRAINED FROM PERFORMING A DUTY WHICH IS IMPOSED UPON HER BY LAW OR IS CLEARLY INHERENT IN THE NATURE OF HER OFFICE.
SIXTEENTH COUNT
THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES THE DEFENDANT C.B. OF THE CRIME OF OFFICIAL MISCONDUCT [PL 195.00(2)] COMMITTED AS FOLLOWS:
THE DEFENDANT, ON OR ABOUT AND BETWEEN JULY 1, 2010 AND JULY 31, 2010 IN THE COUNTY OF KINGS, BEING A PUBLIC SERVANT, WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER PERSON OF A BENEFIT, REFRAINED FROM PERFORMING A DUTY WHICH IS IMPOSED UPON HER BY LAW OR IS CLEARLY INHERENT IN THE NATURE OF HER OFFICE.
SEVENTEENTH COUNT
THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES THE DEFENDANT C.B. OF THE CRIME OF OFFICIAL MISCONDUCT [PL 195.00(2)] COMMITTED AS FOLLOWS:
THE DEFENDANT, ON OR ABOUT AND BETWEEN AUGUST 1, 2010 AND SEPTEMBER 2, 2010 IN THE COUNTY OF KINGS, BEING A PUBLIC SERVANT, WITH INTENT TO OBTAIN A BENEFIT OR DEPRIVE ANOTHER PERSON OF A BENEFIT, REFRAINED FROM PERFORMING A DUTY WHICH IS IMPOSED UPON HER BY LAW OR IS CLEARLY INHERENT IN THE NATURE OF HER OFFICE.
EIGHTEENTH COUNT
THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES THE DEFENDANTS OF THE CRIME OF CRIMINALLY NEGLIGENT HOMICIDE [PL 125.10] COMMITTED AS FOLLOWS:
THE DEFENDANTS, EACH AIDING THE OTHER, ON OR ABOUT AND BETWEEN MARCH 3, 2010 AND SEPTEMBER 2, 2010 IN THE COUNTY OF KINGS, INDIVIDUALLY AND/OR ACTING IN CONCERT WITH EACH OTHER, WITH CRIMINAL NEGLIGENCE CAUSED THE DEATH OF MARCHELLA BRETT-PIERCE.
NINETEENTH COUNT
THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES THE DEFENDANTS OF THE CRIME OF ENDANGERING THE WELFARE OF CHILD [PL 260.10(1)] COMMITTED AS FOLLOWS:
THE DEFENDANTS, EACH AIDING THE OTHER, ON OR ABOUT AND BETWEEN MARCH 3, 2010 AND SEPTEMBER 2, 2010 IN THE COUNTY OF KINGS, INDIVIDUALLY AND/OR ACTING IN CONCERT WITH EACH OTHER, KNOWINGLY ACTED IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL, MENTAL OR MORAL WELFARE OF A CHILD LESS THAN SEVENTEEN YEARS OLD, NAMELY: MARCHELLA BRETT-PIERCE.
CHARLES J. HYNES
DISTRICT ATTORNEYv