Re: United States v. Emmanuel Tavarez, et al. Criminal Docket No (S-6)(SLT)

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1 U.S. Department of Justice AG:SJM/AAS United States Attorney 271 Cadman Plaza East F.#2008R00631 Brooklyn, New York FILED UNDER SEAL Via Judge Sandra L. Townes United States District Court 225 Cadman Plaza East Brooklyn, New York Dear Judge Townes: May 13, 2010 Re: United States v. Emmanuel Tavarez, et al. Criminal Docket No (S-6)(SLT) The government respectfully submits this letter in additional support of its appeal of Magistrate Judge Robert M. Levy s May 7, 2010 order granting bail to the defendant Emmanuel Tavarez. During argument on May 13, 2010, Your Honor requested additional briefing as to the strength of the government s evidence against Tavarez. As outlined below, Tavarez poses a continuing danger to the community and is a risk of flight, and thus should be detained pending trial. Further argument on this appeal is scheduled for May 14, 2010, at 2 p.m. I. Evidence from November 1, 2005 Arrests On November 1, 2005, police officers from Philadelphia, Pennsylvania arrested several individuals as they were leaving the scene of a robbery that they had just committed. This robbery is one of the robberies encompassed within the Hobbs Act robbery conspiracy indicted in the instant case. From this robbery, officers recovered a New York City Police Department ( NYPD ) badge bearing number A photograph of this badge was provided to the Court as the second page of Exhibit 2 during the detention hearing on May 13, Cooperating witnesses would testify that this badge was provided

08-242 (S-6)(SLT) The government respectfully submits this letter in additional support of its appeal of Magistrate Judge Robert M.

2 to the robbery crew by Tavarez and that, at his direction, it was altered by switching the first and the last digits. Investigating officers have examined this police badge and determined that the first and last digits were removed and reattached transposed, while the remaining digits remained unaltered. A search of NYPD records revealed that badge number does not exist, and that badge number belongs to Tavarez. Furthermore, the type of badge seized in Philadelphia can only be obtained from certain stores that sell police equipment, and only police officers displaying their own credentials may purchase such badges. Thus, only Tavarez could have obtained the badge seized in Philadelphia. The alteration of the badge shows Tavarez s affirmative steps to conceal any connection to the badge, in the event of the badge s seizure by law enforcement. II. Evidence from the Sting Operation in March 2008 In March 2008, the Drug Enforcement Administration conducted a sting operation in Queens, New York, and arrested eight individuals in a convoy of three vehicles while en route to a staged robbery. These were the first eight defendants indicted in this case. The cars in the caravan contained the tools of the trade for a violent, professional robbery crew. Among the items recovered was a mini-shield, bearing badge number 29698, which is the number assigned to Tavarez. A photograph of this mini-shield is depicted on the last photograph of Exhibit 1. This mini-shield was recovered from co-defendant Gabriel Cano Martinez during his arrest on the sting operation. Notably, Martinez is not related to the defendant by blood or marriage. As set forth below in the defendant s statements to law enforcement, Tavarez has associated with Gabriel Cano Martinez. III. The Defendant s Post-Arrest Statements Following his arrest on May 5, 2010, while being processed and prior to the administration of Miranda rights, the defendant Tavarez volunteered, in sum and substance and in part, I lent them some stuff, but I didn t know what they were doing with it. He further stated, I know that s a spontaneous utterance, I m not stupid. Later, on the same day, Tavarez orally waived his Miranda rights and made the following statements. In sum and substance and in part, the defendant stated that his brothers-inlaw, Elvis Fernandez and Gudris Fernandez introduced him to a person known as Gabriel. Tavarez further stated that Gabriel

A search of NYPD records revealed that badge number 89692 does not exist, and that badge number 29698 belongs to Tavarez.

3 hung out with other persons known as Montro and Domingo, as well as a light-skinned male with green eyes. Tavarez further stated that he had provided stuff to these individuals, but had no knowledge as to what they were doing with the materials until the time of their arrests. He stated, I did not know how far they took it. Tavarez also stated that he had never tied up, arrested, or handcuffed anybody, and that he did not know how many robberies Elvis and his associates had perpetrated. After a law enforcement agent began to describe a hypothetical situation involving the removal of cocaine from a tractor trailer, and indicated that lookouts would be as criminally liable as the persons actually handling the cocaine, Tavarez stated that he wanted speak with a lawyer. At that time, the interview was terminated. On May 6, 2010, while being transported to federal court in Brooklyn, New York, Tavarez volunteered the following statements to law enforcement. In sum and substance and in part, he stated that he was willing to sit down with law enforcement to help himself. He further stated that he could not do jail time, and was willing to speak with federal prosecutors from the outside. Tavarez then asked whether he would be given time on the outside to get his family life straightened out before going to jail. He also stated that his wife was expecting their first child and that he feared talking about Elvis and Gudris because they could put [him] in a pine box. Tavarez stated that his mother was married and had three children from one of the Fernandez brothers. He stated that, if his cooperation were known, there would be problems with his half siblings. Law enforcement then informed Tavarez that there could be no more discussion about the investigation. On the same date, while at the waiting area in Pretrial Services at federal court, Tavarez volunteered the following statements to law enforcement. In sum and substance and in part, he stated, I did give them things, but I never did the things they did. Tavarez further stated that he understood what law enforcement was referring to in the tractor trailer hypothetical from the post-arrest interview. Tavarez then stated that he had been struggling financially during that time because he was going through a divorce. Law enforcement then informed Tavarez that there could be no more discussion about the investigation and that any statements would be provided to federal prosecutors. The defendant s post-arrest statements evidence the defendant s guilt. To begin, the defendant admitted knowing several individuals that the government believes are co- 3

He stated, I did not know how far they took it.

4 defendants in this prosecution: Elvis is a known alias of Eloys Fernandez; Gudris is a known alias of Yudris Fernandez; Domingo likely refers to Domingo Fernandez; Gabriel likely refers to Gabriel Cano-Martinez; and Montro is a known alias of Sandy Beato. Moreover, the defendant admitted not only to associating with these co-defendants, but also to providing them with stuff. In light of the defendant s position as a police officer and his statements showing knowledge of the extensive criminal activities of the co-defendants, one may logically infer that the materials provided to the co-defendants included police paraphernalia and equipment. Tavarez s statements not only demonstrate that he, at a minimum, aided and abetted the Hobbs Act robberies by providing materials such as police gear to drug robbers who impersonated law enforcement, but also show his affirmative participation in the robberies. Indeed, in asking whether he would be allowed to organize his family life prior to incarceration and stating that he would likely suffer reprisal for any cooperation, Tavarez acknowledged his own consciousness of guilt. Furthermore, the investigation has revealed that one particularly large-scale robbery involved the theft of more than one hundred kilograms of cocaine from a tractor trailer - a robbery that, according to multiple cooperating witnesses, Tavarez participated in. In volunteering that he understood what law enforcement was referring to in the tractor trailer hypothetical and stating that, at the time, he was struggling financially because of a pending divorce, Tavarez tacitly admitted to participating in the robbery. IV. Conclusion Though representing only a fraction of the government s case, the evidence described above affirms the defendant s guilt. The physical evidence and the defendant s post-arrest statements corroborate information provided by multiple cooperating witnesses that Tavarez not only provided the robbery crew with police paraphernalia and equipment, but also personally participated in the robberies. The strength of the government s case demonstrates that the defendant cannot rebut the presumption that no condition or combination of conditions will reasonably assure the safety of the community or Tavarez s continued appearance in this matter. For these reasons and the reasons set forth in the prior submissions, the government respectfully requests the Court enter a permanent order of detention. Additionally, because of the 4

In light of the defendant s position as a police officer and his statements showing knowledge of the extensive criminal activities of the co-defendants, one may logically infer that the materials

5 disclosures as to the defendant s potential cooperation, the government respectfully requests that this letter be filed under seal. Respectfully submitted, LORETTA E. LYNCH United States Attorney 5 By: /s/ Stephen J. Meyer Alexander A. Solomon Sylvia S. Shweder Assistant United States Attorneys (718) /6074/6092 cc: Lisa Scolari, Esq. (via ) Clerk of the Court (SLT)(via )

LYNCH United States Attorney 5 By: /s/ Stephen J. Meyer Alexander A. Solomon Sylvia S.

The Legal System in the United States

The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed