Mom killer fights “exigent search”
A man accused of killing his girlfriend and critically injuring the woman’s son in their Flatbush apartment has asked a judge to suppress the search where the slaying took place, even though cops busted in after they heard screams from inside the apartment and saw bloody handprints on the door.
According to a recent court motion, defendant Jacques Dorcinvil asked Judge Matthew D’Emic to suppress the search of the Bedford Avenue apartment that he and victim Claudette Marcellus shared with her 12-year-old son, Brian.
The search, which turned up evidence that identified Dorcinvil as the alleged killer, was done without a warrant, he said.
On the day of the 2008 murder, cops found Marcellus outside of her apartment bleeding from wounds to her head and neck.
A trail of bloody hand prints led police to her apartment, which was locked.
After hearing screams inside, cops called the NYPD Emergency Services Unit to come by and break down the door, where they found Brian suffering from multiple stab wounds.
City attorneys said that “exigent circumstances” prompted the search of the apartment. They also said that Dorcinvil had no control over the apartment, because, even though he lived there at one time, Marcellus had filed an order of protection against him before the slaying.
Judge D’Emic agreed with the city’s take on the issue and quashed Dorcinvil’s motion.
Police said that Dorcinvil was ultimately arrested weeks after the killing when he showed up at the Haitian consulate in Miami, Florida, trying to secure passage back to his native land.
Prosecutors later determined that this was not the first time that Dorcinvil had been accused of murder. After his arrest for killing Marcellus, he was charged with murdering another girlfriend in 2003 after he believed that the woman had taken some money from him.
Radio free Bklyn
The Federal Communications Commission (FCC) has levied a $10,000 fine against two Flatbush “schlock jocks” who were operating a pirate radio station out of their own apartment.
FCC officials said that Jean Clerveau and Jocelyn Edwards were “providing services and facilities incidental to the operation of an unlicensed radio transmitter when they were caught playing their tunes on 90.5 FM.
FCC agents uncovered the radio station when they were investigating a complaint of radio interference on East 19th Street back in March 2008.
The agent not only followed the signal back to their second-floor apartment, but reportedly found an antenna on the top of the roof, according to an FCC spokesman.
The building manager told them that the apartment in question belonged to Clerveau and Edwards, but the couple denied running a radio station out of their pad.
Officials admitted that when they finally caught Clerveau at home, they could not find any radio equipment on the premises although the inspection took place after the FCC had sent the couple a letter and had made several attempts to visit the home.
Clerveau and Edwards claimed that the unlicensed radio station was actually transmitting from across the street but could not provide any evidence, officials said.
Nor could the FCC, who imposed the fine “absent of any other evidence that their agents were mistaken.”
Two times the charm
A Brooklyn man convicted of gunning down one man and wounding another after he caught them talking to his girlfriend in Vinegar Hill could not squirm his way out of a legal loophole that ultimately led to a retrial last week.
Officials said a jury once again found Terrance Breazil, 45, guilty in the slaying of McKeever Kinnard after a brief trial.
Breazil was convicted of the crime back in the 1990s, but managed to get the case re-tried after he came across a 2000 Supreme Court decision that said that any searches conducted solely on an anonymous 911 call were unconstitutional.
Police said that Breazil wasn’t arrested for the shooting until months after it occurred.
At the time cops were responding to an anonymous 911 call about a robbery in progress. When they arrived at the scene, they found Breazil, who fit the description of the would-be robber.
Cops searched Braezil and found a gun hidden in his fanny pack – a pistol that NYPD ballistic experts later connected to the Vinegar Hill shooting.
Based on these facts, a judge granted an appeal of the conviction and ordered a new trial, during which a jury heard new testimony from key witness Amenai Smith.
Smith recanted her testimony from the 1996 trial back in 2007, reportedly after visiting Braezil in Rikers Island.
Prosecutors cross-examined Smith, but were also given permission to read her initial testimony, which the jury found more credible, according to published reports.
After a two and a half week trial, a jury decided to re-convict the 45-year-old on October 21.
Breazil is the first person in the nation to use the 2000 decision to get a new trial.
©2009 Community News Group
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