Buffalo Police Then and Now

 

Getaway car driver pleads guilty in double slaying

By Matt Gryta - News Staff Reporter
BUFFALO NEWS Updated: 12/19/07
12:12 PM

A man who drove the getaway car following a double homicide earlier this year in front of an East Delavan Avenue market pleaded guilty today to a reduced count of first-degree manslaughter.

Johnny Ray McDuffie, 22, of Inter Park , pleaded guilty before State Supreme Court Justice Russell P. Buscaglia to the reduced charge, admitting he was the driver of the car involved in the slayings of Devonte Murray, 15, and Alen Stepney, 16. He refused to identify his associates in the killings.

Prosecutor James F. Bargnesi told the judge the families of the teenaged murder victims agreed to the plea deal. Buscaglia told McDuffie, jailed since Sept. 13, that he faces a prison term of 15 years when he is sentenced Feb. 26.

During the mid-morning plea proceeding Paul S. Piotrowski, McDuffie's attorney, confirmed that his jailed client drove the getaway car.


Gas station worker cut by man stealing beer

BUFFALO NEWS Updated: 12/19/07 10:24 AM

A gas station worker was cut Tuesday night when he tried to stop a man from leaving with a stolen beer, police said.

The victim, who works at the Alero gas station at 1225 Broadway, suffered a cut on his forearm at about 9:15 p.m. Tuesday, according to Ferry-Fillmore District police. It was unclear if he received medical attention.

Police reported that the man stole a beer, but when the worker tried to stop him from leaving the store, the man retaliated by cutting him so that he could escape.

The fleeing man entered a gray car, which had been waiting outside the gas station with a woman sitting in the driver's seat. The man and woman then drove away.  


Two men unhurt as shots hit West Side home


BUFFALO NEWS Updated: 12/19/07 9:56 AM

Two Buffalo men escaped injury early this morning when a gunshot was fired into a 14th Street home on the city's West Side , police reported.

The shooter fired a shot through the north side wall of an upper apartment in the 400 block of 14th Street at about 12:05 a.m. , according to Central District police.

A 33-year-old man, who lives in the upper apartment, and a 19-year-old man, who was visiting, were inside the house during the shooting.


West Seneca police seek crew of thieves


BUFFALO NEWS Updated: 12/19/07 8:35 AM

West Seneca police are looking for a crew of thieves who apparently have staged similar well planned larcenies at two Radio Shack stores in West Seneca and Buffalo .

The most recent incident occurred last Wednesday, when a heavyset man accompanied by four apparent juveniles stole several digital cameras from the Radio Shack store in the Southgate Plaza . The group spread out inside the store to distract employees before stealing the items, police said.

The same band of thieves is believed responsible for a similar larceny at a Radio Shack in Buffalo .

West Seneca police described the leader of the group as a black man in his 30s or 40s, roughly 6 foot 4 and 250 pounds. The thieves fled in what was described as a late 1990s dark green or gray Chevrolet Ventura minivan.


Police say city homicide victim was targeted


BUFFALO NEWS Updated: 12/18/07 2:24 PM

A 28-year-old man was likely targeted when two armed home invaders shot and killed him in his Bailey-Delavan area home early today, Buffalo police reported.

Kevin J. Carter was taken to Erie County Medical Center, where he died at 1:01 a.m., about half an hour after the shooting. Police said the two men forcibly entered the home on Navel Avenue and demanded money, at about 12:30 a.m. Following the shooting, they made off with an unknown amount of money, fleeing in a four-door, gray 2000 Chrysler 300, with the license plate EDC-8798.

Other people were in the house at the time, but no one else was injured.

"We believe he was targeted," said Buffalo Police spokesman Michael J. DeGeorge. "The fact that he is known to police, leads us to believe that he may have been targetted."

Records show that Kevin Carter has at least 18 convictions in Buffalo City Court for crimes including harassment, disorderly conduct and driving without a license.

He also was convicted of felony attempted criminal sale of a controlled substance in 1997, according to those records.

Anyone with information on the homicide is asked to call the Buffalo Police confidential tip line at 847-2255, or tips can be sent by e-mail by visiting www.bpdny.org and clicking on "Report a Tip."


Intruders shoot pair after pistol-whipping one


BUFFALO NEWS Updated: 12/17/07 10:33 AM

A man and woman were shot early this morning during an apparent robbery attempt inside a Krupp Avenue home on the city's East Side , police reported.

DeWayne Gray, 23, suffered a gunshot wound to his arm and thigh and was also pistol-whipped. He was treated in the emergency room at Erie County Medical Center and released.

April Moore, 23, of Elmer Avenue , was undergoing surgery this morning in ECMC for a gunshot wound to her left upper thigh. Her condition is unknown.

The double shooting occurred at about 3:15 a.m. inside Gray's upper apartment at 115 Krupp while Moore was visiting. Three men wearing masks entered the apartment, displayed a chrome handgun and demanded money, according to Ferry-Fillmore District police.

The assailants used duct tape to tie up Moore , pistol-whipped Gray in his head, and shot them both, police reported. It was unclear if anything was stolen during the incident.

According to police reports, Gray also was shot last year. He was shot in the left hip by an unknown gunman at Gibson and Peckham streets about 4 p.m. on April 16, 2006 .


Man 'critical' following shooting after house party


BUFFALO NEWS Updated: 12/16/07 3:24 PM

A Winspear Avenue man was listed in critical condition after he was shot early this morning in his home in the city's University District, police said.

Andrew J. Contrera, 23, suffered a gunshot wound to his stomach. He was being treated today in the trauma intensive care unit of Erie County Medical Center .

Buffalo police said Contrera, who came here from Rochester , was shot following a house party at his home at 160 Winspear just after midnight .

Contrera was involved in a fight with an unknown man inside the home when the man opened fire, according to Northeast District police.

A Rural/Metro Medical Services ambulance transported Contrera to ECMC.

The gunman is being sought on an attempted murder charge. No arrest has been made.


Name released of man killed while sitting in car

BUFFALO NEWS Updated: 12/14/07 9:16 AM

Buffalo police today identified the young man who was shot to death while sitting in a vehicle on Rogers Avenue near Genesee Street on Thursday evening.

George Hardy, 19, of Crossman Avenue was pronounced dead at the scene, after being shot several times while sitting in the vehicle. Police learned of the shooting at about 6:25 p.m.

Detectives say they're not sure whether the killer fled on foot or in a vehicle. Anyone with any information is asked to call the police department's confidential tip line at 847-2255.


Teen shot trying to stop attack on boy
Updated: BUFFALO NEWS 12/08/07 12:04 PM

An 18-year-old Niagara Street man and a male youth were shot early Saturday near the intersection of Breckenridge and Herkimer streets, police said.

At about 1:15 a.m., a group of four males attacked the youth, pistol-whipping him to the ground. Justin August, 18, tried to stop the assault when someone opened fire, shooting both August and the boy. August was shot twice in the back and was taken by ambulance to Erie County Medical Center where he was treated and released. The boy, who was struck in the lower left leg, was taken to Women and Children's Hospital. His condition was not available.

Fay Street man charged with robbery
Updated: BUFFALO NEWS 12/08/07 11:54 AM

A Fay Street man was charged with first-degree robbery overnight Friday after he forced a man to strip and took cash from him late Wednesday, police said.

The victim told Ferry-Fillmore District police that he was at a house on Warren Street when Edwin Garner, 26, and a second unidentified man who was armed with a handgun forced him into a room. There, the victim was told to remove his clothes.

The men took cash from the victim and made him lie on the ground for hours, threatening to shoot him if he moved.

Man shot 3 times at bus stop, survives
Updated:
BUFFALO NEWS 12/08/07 11:52 AM

A 27-year-old Stockbridge Street man was shot three times late Friday while standing at a bus stop at 60 Grider Street, police said.

Lamier Wilson, who was treated at and released from Erie County Medical Center Saturday, told Northeast District police that he was at the bus stop at about 11:30 p.m. when a man running on Scajaquda Street toward Grider opened fire, striking him n in the upper left shoulder blade, upper left biceps and left buttock.

Wilson was taken to ECMC. Police said his injuries were not considered life-threatening.

citydesk@buffnews.com

Six teens charged with robbery, may be tied to rash of burglaries

Updated: 12/08/07 11:47 AM

Buffalo police, with the help of a Canisius College officer, arrested six teenagers early Saturday morning after thieves tried to break into a Crescent Avenue house and confronted the owner.

Investigators with the Northwest District are trying to determine whether the six teens are connected to a rash of burglaries and at least one home invasion in the Parkside area last week.

At about 2:30 a.m. Saturday, thieves broke a back window of a house on the 400 block of Crescent Avenue. When the owner came outside, the thieves displayed what turned out to be a toy rifle at the man and demanded money. The thieves then fled.

As officers from a special burglary detail arrived, a neighbor told them he had seen a group of youths jump into a convertible that had been parked on Summit Avenue . Police discovered that someone had smashed a rear window at a house on Summit that night as well.

A Canisius College officer, Lt. John Hach, who was patrolling near by spotted the car and followed them until Buffalo police officers surrounded the car and apprehended the suspects.

Arrested were Melvin J. Young, 16; Phillip Q. Armistead, 18; Brandon C. Williams, 17; Richard C. Young, 17; and two juveniles.

They have been charged with first-degree attempted robbery and fourth-degree criminal mischief.

Officer Robert Yeates, Lt. Michael March, Officer Darwin Jones, Officer Kenneth Barney, Detective Magarate Dragone and Detective Patricia Wrest.

citydesk@buffnews.com


Officer Down: 2007 Deadly Year for Police

170 Law Enforcement Officers Died in 2007 in Line of Duty

By PIERRE THOMAS ABC NEWS
Nov. 26, 2007

The year 2007 is turning out to be an especially deadly year for police.

To date, 170 law enforcement officers have died in the line of duty -- that's nearly a third more than at the same point last year. It's also 17 percent higher than in all of 2006, and there is more than a month remaining in the year.

In fact, this year is on pace to be the worst year for police in decades. And many of the deaths involve cold-blooded murder.

Caught on Camera

On May 11 in Franconia , N.H. , Officer Bruce McKay was in hot pursuit of a suspect fleeing a routine traffic stop. With his squad car camera capturing the drama, McKay cornered the suspect and maced him.

But then the unexpected happens. The suspect opened fire, fatally wounding McKay, before running him over with his car.

In another incident in March, New York Police Department volunteer police Nicholas Pekearo and Eugene Marshalik trail a suspect who has just gunned down a bartender. A surveillance camera tape rolls as the suspect turns, then chases down and executes in cold blood one officer, and then the other.

Increase in Fatal Shootings

In 2007, police officers are dying at an alarming rate. There has been a 38 percent increase in the fatal shootings of police this year. There has also been a 15 percent jump in fatal car crashes as police pursue suspects or race to get to emergencies.

"Other than the year of 9/11, we haven't seen numbers this high since 1978, 30 years ago," said Craig Floyd, chairman and CEO for National Law Enforcement Officers Memorial Fund.

Police say the spike in fatalities mirrors the surge in crime many communities across the nation are facing -- much of it spurred by heavily armed gangs and repeat offenders.

What concerns police most is that they are encountering on routine patrols violent criminals who shoot to kill -- often without provocation.

"There's definitely a more brazen cold-blooded criminal on the streets of America today," Floyd said.

Teenage Killers

Sometimes the killers are just teenagers.

Last June in Floyd County, Ind., officers Frank Denzinger and Joel White went to a house to investigate a domestic dispute between a 15-year-old boy and his mother. Then, without warning, shots rang out.

'Officers Down'

"Shots fired! Officers down, officers down!" White said on the radio dispatch call, obtained by ABC News. "I'm down, I can't move, other officer is down. I'm not sure of his status," White said on the radio dispatch. "Subject's in the house with a rifle, use caution on approach, he shot us both, he shot us both from inside the house. He might be coming back to finish us off."

White didn't know it but Denzinger was lying nearby, unconscious and dying. "My leg is, uh, destroyed. I can't move ... I'm losing consciousness, I'm not sure I'll be able to stay conscious to, uh, defend our position here," White said on the radio dispatch. "Stay with us, we do have help on the way," said the dispatcher.

Denzinger died. The teenager later committed suicide.

White survived but recently had to have hip replacement surgery. Rehabilitation is difficult, but White wants to return to the force. "I love the job and it means a lot to me," White said.

Despite the increasing risks to their lives, many officers say they remain committed to their jobs.

"It's my way to serve the community and that's why I got into it in the first place," White said.

Article E-Mailed By Detective Raymond Cullinan (retired)

Buffalo Police Search for Gunman

WIVB NEWS 4(Buffalo, NY, December 7, 2007) - - A deadly shooting in Buffalo has police searching for a gunman tonight.

Detectives say someone shot a 31-year-old man on Bailey Avenue around 4:30 this afternoon. The victim later died at ECMC. His name is not being released. No word on what triggered the attack.

15 Year Old Boy Shot In Buffalo Today

WIVB NEWS 4 (Buffalo, NY, December 7, 2007) - - A 15-year-old boy shot in Buffalo this afternoon underwent surgery at ECMC tonight.

Police say a gunman opened fire on the victim in front of a store at Rodney and Fillmore around 3:45 p.m. this afternoon. The victim's name is not being released. No word on any arrests.


One suspect caught in West Side home invasion

Updated: BUFFALO NEWS 12/07/07 11:48 AM

Buffalo police officers arrested one fleeing burglary suspect early today, after a group of probably four people staged a West Side home invasion at gunpoint that sent one victim to the hospital.

The robbers, armed with a 9‚mm weapon, entered the Potomac Avenue home, near West Avenue, at about 2 a.m. They fled with about $90 cash and fired two rounds as they got into an SUV.

"As they jumped into the vehicle, that's when our officers caught up to them," Buffalo police spokesman Michael J. DeGeorge said.

As Officer Obed Casillas pulled up, the thieves fled on foot. Officers caught Kevin S. Garner, 41, of Chelsea Place and charged him with burglary, robbery, criminal use of a firearm and other charges.

Three other thieves remained at large late this morning.

A woman, one of at least three people in the home, was taken to Millard Fillmore Hospital, where she was treated for unspecified injuries and released. Police said they had no indication that she or any of the other people in the home was shot.

As detectives began investigating today's home invasion, police officials said they knew of no connection to another home invasion earlier this week in another part of the city, on Parkside Avenue near Tillinghast Place in North Buffalo.


Man, woman not hurt as shots are fired at their car

Updated: BUFFALO NEWS 12/06/07 1:11 PM

A man and woman sitting in a car escaped injury early this morning when about four shots struck their vehicle on Riley Street , police said.

Central District police said the woman was in the driver's seat and the man was sitting in the front passenger seat at about 12:30 a.m. when a shooter fired at least eight shots at their car.

The shooter ran north through yards towards Laurel Street .


Acquaintances pummel man in South Buffalo


Updated: BUFFALO NEWS 12/05/07 12:07 PM

Three men jumped another man early this morning, splitting his lip and loosening his teeth, during a robbery in South Buffalo , police reported.

Shawn Gombos also suffered pain and swelling.

Gombos was at Hopkins and Pembina streets at about 2:50 a.m. when he was jumped by three men that he knows, South District police said.

The men punched him in the face and knocked him on the ground, where they continued to punch him in the face and head, police said.

One of the attackers stole the victim's black Yankees baseball hat.


Suspect is Shot by Buffalo Police

Updated: WIVB TV NEWS 4 Dec 4, 2007 10:06 PM CST

( Buffalo , NY , December 4, 2007 ) - - We begin with a wild chain of events surrounding a suspect who was shot by Buffalo Police earlier today. A shooting the department claims was justified. News 4's Michele McClintick reports from Buffalo Police Headquarters with our big story tonight.

The suspect was being transported to the holding center tonight after he was questioned, when he escaped from police custody with handcuffs, but not for long, the once wanted parole violator is locked up once again. Police officers from "C" district responded to a call of a fight on the city's east side this morning; authorities say shortly after they answered that call, the two suspects tried to get away and ended up crashing into the officers car.  Officers say the suspects fled once again until abandoning their car and running away on foot, and ended up on Reed Street where a Buffalo Police Officer pulled out his weapon.

Tom Burton, PBA Attorney, "The individual took off and in the course of making an arrest the individual spun on the officer, ignored commands to put his hands up , the officer thought he saw a gun fired one shot and hit the individual in the ankle."

Both the department and the officers attorney say his actions were justified.

Tom Burton, PBA Attorney, "As a general rule what the officer proceeds to be a threat, and in this instance, the indivual pulled up his sweatshirt, spun towards the officer and the officer fired when he thought the person had a gun right at his waistline."

That police officers faces a review by the pba, as well as the district attorney, but is expected to return to work soon.


Two years later, wife charged in killing

Says rifle accidentally was fired in bedas husband slept in Riverside home

By Matt Gryta NEWS STAFF REPORTER
Updated:
12/01/07
7:59 AM

Robin Kalinowski claimed two years ago to police that the lights already were out when she climbed into bed with her sleeping husband at 1 a.m. on Nov. 10, 2005 , in their Riverside home.

She said that as she got into the bed, she picked up “an unknown object.”

It turned out to be a .22-caliber hunting rifle. A loaded one. And it suddenly went off, firing a shot into the back of her husband’s head.

A grand jury convened to review the evidence in the case didn’t buy her story.

Friday, Robin Kalinowski, now 42, wept profusely as she was led away from court in handcuffs.

She pleaded innocent to one count of second-degree murder in the shooting death of Kevin M. Kalinowski, 41, her husband of 15 years and the father of her two sons.

Kevin Kalinowski was an avid hunter, fisherman and youth baseball coach who ran a commercial contracting business with relatives and was a partner in Drinkwell Products, a home brewing supply company, and Teed-Off Miniature Golf, which constructed portable mini-golf courses leased or donated for local charity events.

Robin Kalinowski, who had not been charged in the death until now, had continued to live in the Rosedale Street home where her husband died.

Prosecutor Thomas M. Finnerty described in court how a new investigation by the Erie County district attorney’s office and Buffalo police uncovered a pattern of inconsistencies in the accounts Kalinowski gave to her friends and family about what happened that night in their bedroom.

Forensic experts recently determined that a videotaped reenactment of how Robin Kalinowski told police the “accidental” shooting took place did not jibe with the trauma to Kevin Kalinowski’s head, Finnerty said.

He added that at the time of Kevin Kalinowski’s death, Robin Kalinowski allegedly was having an extramarital affair.

In seeking to have her held without bail, Finnerty told State Supreme Court Justice John L. Michalski that she had been convicted of embezzling more than $20,000 from a former employer about six years ago.

The judge instead imposed bail of $350,000.

After the arraignment, Finnerty confirmed that Robin Kalinowski in mid-November turned down an offer by the district attorney’s office to appear before the grand jury that was considering the case, provided she waived the standard immunity from prosecution grand jury witnesses get.

mgryta@buffnews.com


Buffalo may get a big role in new movie

Producer, director scout locations for John Cusack film

By Sharon Linstedt NEWS BUSINESS REPORTER
Updated:
12/01/07
9:54 AM

Buffalo could be back in the Hollywood lens as soon as January with a serial killer-themed movie starring actor John Cusack.

“The Factory,” which is set in Buffalo , is a psychological thriller about a police detective working a serial killer case. The detective, who will be played by Cusack, becomes obsessed with finding the suspect after his own daughter disappears.

Buffalo Niagara Film Commission chief Tim Clark confirmed Friday the film’s executive producer and director were in Buffalo this week to personally scout locations and meet with Buffalo Police Department officials.

“The production’s most senior people were here to get a feel for the city and form first-hand impressions,” Clark said. “They spent time at Buffalo Police Headquarters with Commissioner [H. McCarthy] Gipson and [Chief of Detectives] Dennis Richards.”

Clark also drove the film executives around Buffalo , showing off local landmarks and neighborhoods.

“They left with a very favorable view of Buffalo , its architecture and the cooperation of city officials. They felt welcome here,” he said. A final decision on whether the film will shoot here is expected in the next two weeks.

Word of the Cusack movie’s interest in Buffalo comes as “The Savages,” which includes scenes shot in Buffalo in 2006 and stars Laura Linney and Philip Seymour Hoffman, debuts in theaters this weekend.

Buffalo ’s other recent film credits include “Bruce Almighty,” in which numerous background shots of the city filled the screen although actors Jim Carrey and Jennifer Aniston never set foot here.

Clark said if Buffalo gets the nod, the camera lens will capture a lot more than background shots. Cusack and company will be here to shoot key scenes in January.

“This wouldn’t be plate shots or Bunit photography. They would come here with cast and crew,” he said.

While the bulk of the movie will be filmed on location in Canada , crews could be here for several days of shooting.

Cusack, whose film credits run the gamut from 1980s teen flick “Sixteen Candles” to the 2005 romantic comedy “Must Love Dogs,” also stars in the soon-to-be-released “Grace is Gone,” an Iraq-themed movie that won the Audience Award for Drama at this year’s Sundance Film Festival.

The movie’s executive producer is Don Carmody, whose production credits include the film version of the Broadway musical “Chicago,” as well as hit comedies “Porky’s” and “Meatballs.” Morgan O’Neill, winner of the Australian version of the “Project Greenlight” reality show, will direct from a script he co-wrote.

“The Factory” will be produced by Warner Bros. subsidiary Dark Castle Entertainment.

Since its creation in 2002, the Buffalo Niagara Film Commission has lured a variety of film, television and advertising projects to Western New York . Estimates of the contribution of those projects to the area economy run as high as $20 million.

Friday the County Legislature ’s Finance and Budget Committee voted to cut its entire $150,000 budget allocation for next year.

Initially operated under the auspices of Erie County government, the oneman film office briefly faded to black as a victim of the 2005 county budget crisis. The office is now funded through the Buffalo Niagara Convention & Visitors Bureau.

In addition to “The Savages” and “Bruce Almighty,” the commission’s other credits include: “Poultrygeist,” a horror-musical due out this year, and MTV’s “Sorority Life” and “Fraternity Life” series.

The office also oversaw filming of a key background scene at Niagara Falls for “Pirates of the Caribbean : At World’s End,” which came out this year.

Just this week, it assisted a national auto parts seller in two days of filming in southern Erie County for upcoming television commercials.

slinstedt@buffnews.com


Lynn DeJac freed from jail after judge grants new trial

Buffalo News Updated: 11/28/07 3:04 PM

Lynn M. DeJac was released from jail today, hours after a judge granted her a new trial in the killing of her 13-year-old daughter, Crystallynn Girard.

She was freed this afternoon after District Attorney Frank Clark said he does not oppose her being released on her own recognizance.

Erie County Senior Judge Michael L. D'Amico granted the new trial in a decision released this morning. D'Amico, who presided over the original trial, also recused himself from a new trial.

The result of new DNA testing was cited in the decision to grant a new trial.

"This court must conclude that if the newly discovered forensic evidence was available at the time of trial, there exists a reasonable probability that the verdict in the defendant's trial would have been more favorable to the defendant," the judge's decision stated.

"Accordingly, defendant's motion to vacate the judgment is here by granted and a new trial hereby ordered."

DeJac was tried on two second-degree murder charges in 1994. She was acquitted of intentional murder and convicted of depraved-indifference murder.

Because the state's highest court has restricted the use of the depraved-indifference charge, prosecutors have suggested they will consider trying DeJac on a reduced charge of second-degree manslaughter.

Clark now will have to decide whether to appeal today's ruling.

New DNA evidence found in Crystallynn’s bedroom after her killing strongly suggests that DeJac's former boyfriend, Dennis P. Donahue, was in the room. DeJac’s supporters believe that Donahue, not she, committed the killing.

Andrew C. LoTempio, DeJac's defense attorney, said earlier this month: “The ‘21st century fingerprint’ has Dennis Donahue’s prints on this girl’s dead, naked body. Isn’t it a stretch to say somebody else sexually abused [and killed] her?”

LoTempio has letters from two polygraph experts questioning the validity of the lie-detector test Donahue passed a few days after Crystallynn’s 1993 killing.

“It’s a fraud,” LoTempio said of such a test. “That’s why it’s not admissible in court. Sociopaths can pass lie-detector tests, because they don’t have emotional responses when they lie.”

In the polygraph, Donahue contended that he didn’t kill the girl, he wasn’t at the murder scene, and he didn’t know who killed her, sources have said.

The results of that test help explain why prosecutors allowed Donahue to testify before the grand jury — providing him with immunity from prosecution in her killing.


CASE UP-DATE 11-17-2007

DeJac Retrial Case Becomes Battleground For Justice

By Gene Warner NEWS STAFF REPORTER
Updated:
11/17/07
7:41 AM

A war of words broke out Friday over the possible innocence of convicted killer Lynn M. DeJac, but this time the combatants were public officials who usually work together — police detectives and prosecutors.

Three detectives from the Buffalo police Cold Case Squad told reporters they believe DeJac deserves a new trial, and one of them went further.

“In our opinion, after investigating this case and looking at all the available evidence, Lynn DeJac could not have killed her daughter,” Detective Dennis Delano said.

“Any person on the street could read the facts available to us and tell that Lynn DeJac could not possibly have killed her daughter,” Delano added. “In my mind, she’s 100 percent innocent.”

Erie County District Attorney Frank J. Clark also met with reporters Friday, after filing his motion opposing a new trial for DeJac. She was convicted of second-degree murder in the 1993 strangling of her 13-year-old daughter, Crystallynn Girard.

“They can’t refute one single, solitary fact that the jury relied on to convict her,” Clark said.

Granting DeJac a new trial might be the popular thing to do, and it might be a feel-good story, Clark said, but he thinks the contention that DeJac didn’t kill her daughter is based on speculation, not fact.

After having to rebut fellow members of the law-enforcement community, Clark lashed out at the police detectives for going public with their opinions.

“It’s absolutely inappropriate for them to express an opinion on the question of guilt or innocence, when a matter is still under litigation,” he said. “They’re now the Delphic oracles in deciding who’s guilty or innocent?”

Detectives Delano , Mary Gugliuzza and Charles Aronica said that they based their conclusions largely on two points: that DeJac didn’t have the time — or the strength — to subdue and kill her daughter, and that the new evidence points to DeJac’s former boyfriend, Dennis Donahue, as the killer.

Recent tests have shown that Donahue’s DNA was found after the killing in three spots in Crystallynn’s room: in blood spots on her bed and on the wall behind her, and on a vaginal swab taken from her body.

The three experienced homicide detectives claim the evidence shows that DeJac would have had to kill her daughter during an 11-minute window, from 11:44 to 11:55 p.m. on the night of Feb. 13, 1993 .

So DeJac and her daughter, who had been allies during a previous 911 phone call that evening, would have had to engage in a violent struggle. Then DeJac would have had to strangle her daughter, which would have taken at least five minutes, before stripping her, washing her body down and going to a nearby bar. All in 11 minutes.

“It just doesn’t ring true,” Delano said.

DeJac lacked the strength and body size to subdue her daughter for the five-plus minutes it would have taken to strangle her, Delano said. The mother also had long fingernails at the time, and no such scratches were found on her daughter’s body.

The three detectives also seemed swayed heavily by the presence of Donahue’s DNA in Crystallynn’s room.

“How do you account for Crystallynn’s blood mixed in with his DNA on the wall?” Aronica asked. “There’s no legitimate reason why he would be in her bedroom, or in her body.”

The detectives also discounted the notion that Donahue’s DNA could have been in the girl’s bedroom for days.

“The blood had to get there during the struggle with Crystallynn,” Gugliuzza said. “It’s on the wall, and some of it was on her leg. If it had happened the day before, don’t you think she would have washed it off?”

Clark , though, emphasized repeatedly that he’s looking for facts and hard evidence, not speculative theories.

The district attorney referred specifically to the new DNA evidence.

“How is that evidence that he [Donahue] killed her?” he asked. “You’ve got to show me that he was there when she was killed.”

There’s no question in Clark ’s mind that the new evidence, which wasn’t available in DeJac’s 1994 trial, raises legitimate issues in the case.

“The bottom line is, in light of the other facts, does it create a probability that the verdict would be different?” he asked. “They [DeJac’s defenders] have not demonstrated to my satisfaction that the newly discovered evidence would create a probability that the verdict would be more favorable to her.”

Clark added that everybody seems to want to forget about all the evidence and testimony that led to DeJac’s conviction.

Specifically, he mentioned the one- to two-hour time lag between DeJac finding her daughter’s body and her call to police. He also wonders why people are so quick to dismiss the barroom confession DeJac supposedly made to an acquaintance, containing information that wasn’t known to the public.

Clark believes the three detectives are getting carried away with the emotional pull of the Anthony J. Capozzi case, following his exoneration on rapes actually committed by bikepath killer Altemio C. Sanchez.

“They saw all the human pathos that surrounded the Capozzi case, and now they want to transpose that to this and other cases,” he said. “But they’re not the same. You can’t do it because it’s a feel-good thing.

“You have to base it on the facts.”

gwarner@buffnews.com  


 

12 former housing officers named to city’s force

By Vanessa Thomas NEWS STAFF REPORTER
Updated:
11/20/07
3:46 PM

Twelve former housing police officers were appointed to the Buffalo Police Department on Monday.

The former Buffalo Municipal Housing Authority officers, who were laid off in June 2005 because of budget cuts, plus two police report technicians, are now the city’s newest police officers.

These 14 new police officers are part of Mayor Byron W. Brown’s plan to add 100 officers to the city’s force by lobbying state officials for $10.5 million.

Buffalo Police Commissioner H. McCarthy Gipson made the new appointments Monday afternoon during a promotion ceremony in Police Headquarters.

The promotions also included Gipson’s first major Cabinet shuffle since he was named police commissioner in February 2006.

Lt. Brian S. Strobele was appointed chief of the South Police District, succeeding Lt. James P. Shea, who is stepping down so he can be promoted to captain — a contingent permanent position that is the department’s second-highest civil service rank.

Shea said he is also departing his role as chief so that he can be with his wife, who is having surgery.

Strobele, 43, is a 22-year veteran of the force and a lifelong Buffalo resident who lives in the Lovejoy section.

“I’m excited for the opportunity, and I’m going to try to follow his lead,” Strobele said of Shea.

Capt. Fred D. Young, who is one of a handful of African- American command officers, was appointed acting chief of the Northeast Police District.

Gipson said Young is acting as a temporary fill-in for Chief Arturo Salas, who was injured on duty.

Under the city’s plan, former Housing Authority officers were the first to be hired as Buffalo police officers if they passed the police exam, which was offered in January.

About 25 Housing Authority officers had been laid off. Twenty- four of them took that test, and 12 of those test-takers accepted a position with the city’s force, police officials said.

Gipson said those officers are taking a three-week refresher course and are scheduled to be on street patrol by January.