29 Dec Martin + Colin’s Request for Leniency in Loaded Gun Case – Jan 2012

Printed below is an application filed by the lawyers at Martin + Colin, P.C. seeking a reduced jail sentence from the prosecutor. Our application is also available in easy to read, Google Docs format here. Only the names have been changed.

MARTIN + COLIN, P.C.

January 6, 2012

Honorable Max Suben
District Attorney
Westchester County
Richard J. Daronco Westchester County Courthouse
111 Martin Luther King, Jr. Blvd.
White Plains, New York 10601

MITIGATING FACTORS
IN REDUCTION OF PLEA OFFER

Re: People v. Roberto Rossi
Indictment No.: 2011-0847
Hon. District Attorney Suben:

As you are aware, I represent the defendant Roberto Rossi. This memorandum is written to you for settlement negotiations only, not to be used at trial or for any other purpose.

Roberto Rossi is a 24 year old man whose parents died when he was three years old and living in Croatia. Soon after his mother’s death, Roberto was brought to this country from Croatia by an older half-sister. Without any parents, and without legal immigrant status, he has been living a difficult life in this country.

Approximately two years ago, Roberto began dating Eva Daxter, a New Rochelle resident currently attending Rockland Community College. Eva’s parents felt sorry for Roberto because he had no parents of his own, and they liked Roberto, who was a nice young man who simply lacked grounding and guidance. Eva’s father, Sig Daxter, is a cab driver in New Rochelle, and Eva’s mother, Roselia Daxter, works for Marriott in New Rochelle. Mr. Daxter helped Roberto get a job, and prior to this arrest, Roberto had been working for over one year at Mamas and Papas Deli & Salad Bar, 228 Fort Washington Avenue, Port Chester, New York.

Roberto has been indicted and is facing trial on several charges, including criminal possession of an unlicensed pistol and a sawed-off shotgun.

Your office has already obtained to guilty pleas from two co-defendants: Vincenzo Brown and Johnny Winston. The facts surrounding those two individuals, Brown and Winston, are very different from Roberto’s situation. First, both of those individuals have prior criminal histories. For them, your insistence that they be sentenced to substantial prison time as part of any plea might be justified. And one of the co-defendants, Brown, is a convicted felon. Our client, Roberto, however, has a CLEAN record.

Moreover, the other two individuals, Brown and Winston, might very well be members of the Zodiacs gang. You will see the words ‘Zodiacs’ tattooed on the calf of one of the co-defendants; you will see the letter ‘Z’ tattooed on the bicep of the other co-defendant. However, Roberto has NO gang tattoos or marks on his body. (And Roberto’s presence in the car with two possible gang members, by itself, does not make him a gang member; if it did, you would have also indicted the fourth occupant of the car: the female behind the wheel operating the vehicle.)

As further proof of NO gang affiliation, Roberto was employed at a low-wage job in a Washington Park deli. No gang member works in a minimum wage job.

Finally, Roberto is absolutely certain to be deported. There has been an immigration hold on him throughout this proceeding. Why continue to house this individual at County and State taxpayer expense when he is certain to be deported anyway?

Recently, I was retained by the family of Eva Daxter because they know that Roberto is a good kid, without any family, and they want to help him. He has a clean record and on his behalf I ask your office for special consideration. For settlement purposes only, I am asking your office to accept a plea of guilty to the top count of the indictment in full satisfaction of the entire indictment, and I am asking for a sentence of eighteen months as a complete disposition to this case.

If you have any questions or concerns, please contact me. Thank you in advance for your thoughtful consideration of my application.

Sincerely,

MARTIN + COLIN, P.C.

WILLIAM MARTIN

WM/nz