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At attacker's sentencing, 87-year-old Plainfield man says he's lucky to be alive after brutal 2008 beating

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Kenneth Athey: 'Even after four years it's still difficult to imagine the reason for the accused stabbing me ... and torching my body'

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ELIZABETH — Kenneth Athey sat in court Friday, looking over the handwritten statement he’d waited four years to deliver. Small in frame and spotted with age, the 87-year-old Plainfield man slowly approached the judge. He glanced at the young man he says nearly killed him and in a strong, steady voice, recounted the worst day of his life.

"The fact is I’m very fortunate to be standing here right now," Athey told Superior Court Judge William Daniel in Elizabeth, reading from his statement. "Even after four years it’s still difficult to imagine the reason for the accused stabbing me ... and torching my body."

It was around 3 p.m. that August afternoon in 2008 when Athey, a retired civil engineer, regained consciousness and realized what was happening. He was naked and tied to a chair inside his West Eighth Street home. He had been beaten with a hammer, stabbed, doused with chemicals and burned.

"I woke up thinking ‘I’m having a bad dream’ and then I heard them yelling, ‘Where’s the money?’" he said in an interview afterward. "I thought I should have pretended I was having a heart attack. That would have been a smart thing to do."

Upstairs, one of three assailants was flipping over mattresses and pawing through drawers in search of a non-existent treasure trove — the suspects eventually got away with $300 and a few credit cards. Standing guard over Athey, a woman waited impatiently.

"Ron, Hurry up!" she yelled, Athey recalled.

"I knew if I ever survived, I had to remember that name," Athey said shortly before Ronald "Ron" Cherry was sentenced to 18 years in prison. "But I thought, I’ll be damn lucky if I survive this."

Athey, a jovial man with bright blue eyes and a melodic Irish accent, showed little sign of the cruelty he experienced as he addressed the court.

"I consider the attack an isolated incident by a disturbed individual and his followers," he said, adding with a side-glance toward Cherry, "I did not lose a single night’s sleep over it."

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Cherry, 26, of Plainfield, who authorities say was the ringleader, pleaded guilty in March 2011 to first-degree robbery. As part of a last-minute deal, prosecutors dropped a number of other charges, including attempted murder, kidnapping and aggravated assault, in return for Cherry’s guilty plea.

Cherry’s two accomplices, Shevon Ricks, 27, of Camden, and Robert Harris, 19, of Plainfield, have also pleaded guilty to the robbery and will be sentenced to 13 years and 10 years, respectively, next week.

In court Friday, Cherry offered no apology to Athey, instead maintaining his innocence despite his guilty plea.

"It’s saddening that we sit here today and I will be sentenced to 18 years and the people who did this crime are still out there," he said.

Assistant Union County Prosecutor Patricia Cronin asked the judge to sentence Cherry to 18 years in accordance with the plea given the "cruelty, infliction of pain, excessive use of force and brutality demonstrated."

Daniel called the incident "heinous" and noted Cherry’s criminal record, which includes 11 juvenile adjudications and two adult convictions for receiving stolen property and drug possession. Cherry must serve 85 percent of his sentence, making him eligible for parole in 15 years.

Athey, originally from Kells, Ireland, still lives in the Plainfield home he shared with his wife, Irene, who died in 1998.

On the day of the attack — Aug. 25, 2008 — Athey had just finished exercising and was about to take a shower when the three suspects broke down his locked front door. The three assailants chased him through the house and into a second-floor bedroom before they captured him, brought him downstairs, tied him up, and unleashed a sequence of torture.

"There was a moment when I realized, ‘My god, they’re beginning to enjoy this," he told the court.

Once the trio fled, Athey untied himself and called police. His detailed descriptions helped police arrest the three a few weeks later.

After Friday’s hearing, Athey said his anger has subsided considerably since the attack.

"I think I was just so glad to be alive after that," he told reporters.

He also said that a year after the attack, he wrote an essay to his attackers. He shared it with reporters Friday.

"I will not forget you ... A constant ringing in my right ear reminds me of you," he wrote. "You left me unconscious, bleeding profusely from two egg-sized swellings on my head, not caring whether I was alive or dead. I survived thanks to hard bones and regular exercise. No thanks to you."


Related coverage:

Plainfield man gets 18 years in prison for home invasion in which elderly man was beaten, burned

Three are arrested in beating of 82-year-old Plainfield man


Union County civil trials to be suspended this summer

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The Elizabeth courthouse has seven judicial vacancies, which will rise to nine by the end of the summer with two retirements

nj-union-county-judge.JPGView full sizeJudge William A. Daniel presides over a sentencing Friday. The Elizabeth courthouse has seven judicial vacancies, which will rise to nine by the end of the summer with two retirements, said New Jersey courts Communications Director Winnie Comfort. The county is allotted 25 judges, putting its vacancy rate near 40 percent by the end of the summer.

ELIZABETH — Stretched thin by judicial vacancies, Union County’s assignment judge Friday said all civil trials will be suspended in July and August, a spokeswoman for the courts confirmed.

An official announcement from Judge Karen M. Cassidy is planned for Monday morning.

The Elizabeth courthouse has seven judicial vacancies, which will rise to nine by the end of the summer with two retirements, said New Jersey courts Communications Director Winnie Comfort. The county is allotted 25 judges, putting its vacancy rate near 40 percent by the end of the summer.

To compensate, four judges have been working on recall, meaning they’ve retired and returned to the bench part-time. But those recall judges on the civil bench will be on vacation in July, Comfort said.

"That’s a major reason for this," she added. "It’ll take the pressure off for those couple months."

The vacancies have caused a significant backlog in the courthouse.

In April, 863 civil cases were in backlog, a 9 percent increase from the previous April, according to court statistics.

Judicial vacancies in Essex County led Assignment Judge Patricia Costello to suspend civil trials for four months beginning in December. That action came after a standoff between Gov. Chris Christie and state Sen. Ronald Rice (D-Essex) resulted in the governor’s refusal to act on any of six proposed nominees to the county courthouse.

Essex County is allotted approximately 60 judicial appointments, according to the courts website. The suspension of civil trials in Essex ended in March when two judges were recalled from retirement.


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Court cases pile up as vacancies on bench increase

Sen. Codey admonishes Gov. Christie for not filling empty Essex County judge seats

Judge orders resumption of complex civil trials at busy Essex County Courthouse

Essex County judge shortage continues, creates long delays for urgent restraining orders

Obama cabinet member cited for felony hit-and-run

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Bryson was found alone and unconscious in his car following two crashes and was treated at the scene before being taken to a hospital

john-bryson.jpegU.S. Commerce Secretary John Bryson was cited for felony hit-and-run following two Los Angeles-area traffic crashes that left him injured and unconscious, police said today.

SAN GABRIEL, Calif. — U.S. Commerce Secretary John Bryson was cited for felony hit-and-run following two Los Angeles-area traffic crashes that left him injured and unconscious, police said today.

Bryson, 68, was treated at a hospital for injuries following the crashes around 5 p.m. PDT Saturday, the Los Angeles County Sheriff's department and the San Gabriel Police Department said in a joint statement.

"Secretary Bryson was involved in a traffic accident over the weekend," the Commerce Department said today. "He was taken to the hospital for examination and has been released. He has sustained no injuries and the investigation is ongoing."

Bryson is facing felony hit-and-run charges, San Gabriel Police spokesman Lt. Ariel Duran said.

The secretary was driving alone in a Lexus on a major street in San Gabriel when he allegedly struck the rear end of a vehicle occupied by three males that had been stopped for a passing train.

He spoke briefly with the occupants and then hit their car again as he departed, the officials said. The three followed him while calling police.

"We did cite him for felony hit-and-run," Duran said. "Later the case (will be) submitted to the DA's office which will make a determination on what they are going to charge him with."

Bryson then allegedly caused a second collision minutes later, also on San Gabriel Boulevard, in the nearby city of Rosemead, striking a car occupied by a man and a woman, the police agencies said.

Bryson was found alone and unconscious in his car and was treated at the scene before being taken to a hospital.

There was no immediate indication that alcohol or drugs played a role in the collisions, the agencies said. And Duran said authorities don't know if Bryon had a prior medical condition.

"When the first officer rolled up on the scene, he was behind his wheel unconscious," Duran said. "But our officer did speak with him at the hospital."

David Axelrod, senior adviser to President Obama, said on CBS's "This Morning" that he doesn't have any details.

"This news broke overnight so I don't have anything to contribute to that. Obviously it's concerning, but I'm not going to comment because I don't know any of the details," he said.

Sheriff's deputy Tony Moore declined to provide any other information, including the name of the hospital.

Two people in the first collision were treated by paramedics after complaining of pain, the officials said. The couple involved in the second crash also complained of pain but declined medical aid.

Damage to the vehicles was minor.

San Gabriel is located just northeast of Los Angeles.

Obama swore in the former utility executive as the head the Commerce Department in October, after easily overcoming conservatives' objections that his pro-environmental views made him unsuited for the job.

As secretary, Bryson has played a role as a member of the president's economic team and has worked to promote job creation. He has also advised on energy issues, particularly in the clean energy sector.

Bryson is the former head of Edison International, the holding company that owns Southern California Edison. Bryson has also served on boards of major corporations including the Boeing Co. and the Walt Disney Co.

He helped oversee Edison's transformation into a leading wind and solar company and launched a plan to turn 65 million square feet of unused commercial rooftops into solar power stations with enough electricity for more than 160,000 homes.

Drunk man fell asleep in wrong house, cops say

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Authorities in western New York say a 20-year-old man thought he was sleeping on his friend's couch when state troopers woke him up over the weekend

newstead-town-court.jpegA 20-year-old man was charged with criminal trespass and issued an appearance ticket for Newstead Town Court.

NEWSTEAD, N.Y. — Authorities in western New York say a 20-year-old man thought he was sleeping on his friend's couch when state troopers woke him up over the weekend.

It turns out he was off by about 20 miles.

State police say a homeowner in the rural Erie County town of Newstead woke up around 4:30 a.m. Saturday and found a stranger sleeping on his couch. He was unable to wake up the stranger, so his wife called 911. When troopers arrived, they found the very intoxicated man still sleeping on the couch.

Troopers say the man told him he thought he was at a friend's house on Grand Island, 20 miles west of Newstead.

The man was charged with criminal trespass and issued an appearance ticket for Newstead Town Court.

Ukranian man will face child porn charges in N.J. federal court

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According to a 32-count indictment, the investigation has led to more than 560 convictions throughout the United States

newark-federal-court.jpgA file photo of the federal courthouse in Newark.

NEWARK — Federal prosecutors in New Jersey have charged a Ukrainian man with founding and operating a child pornography website.

Authorities extradited Maksym Shynkarenko from Thailand over the weekend. He's expected to have an initial appearance in Newark federal court this afternoon.

According to a 32-count indictment, the investigation has led to more than 560 convictions throughout the United States.

U.S. Attorney Paul Fishman of New Jersey will discuss the case during a 12:30 p.m. news conference.

More U.S. Attorney news

Man accused of beating son for failing to catch a baseball

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VIDEO: A father is accused of beating his stepson, allegedly for failing to catch a baseball

BEATING.JPEG.pngA screenshot of a video where a stepfather is seen beating his son, allegedly for not catching a baseball.

An elected official in California is accused of beating his stepson after the boy failed to catch a baseball, according to a report by ABC News.

The entire incident was reportedly caught on tape by a neighbor of Anthony Sanchez, 34, who was just recently elected to run a powerful California water agency.

The neighbor, Oscar Lopez, in his outrage, filmed the actions from his own home.

In the video recording, Lopez can be heard informing Sanchez that he has a problem with the stepfather beating his son for not catching a ball. In the video, Sanchez retorts, does Lopez know his son.

Lopez responds that he does not know the boy but that he is a father, too and quips, “Why don’t you come over here and teach me?”

Lopez then posted the video online and handed it over to authorities.

Sanchez turned himself into authorities Friday and posted a $100,000 bond.

Though an attorney for Sanchez acknowledged the video was disturbing, he cautioned the public not to be quick to judge and to await the release of further details surrounding it.

Lopez told ABC News, he was satisfied with his role in the incident.

“You don’t have to be a police officer to stop something,” he told ABC. “Just speak up.”

VIEW THE FULL VIDEO OF THE INCIDENT HERE:








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Obama cabinet member reportedly suffered a seizure in connection with hit-and-run accidents

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The Commerce Department said Bryson was driving his own vehicle and was given medication to treat the seizure

john-bryson-2.jpegU.S. Commerce Secretary John Bryson, pictured in this January photo, suffered a seizure in connection with two Los Angeles-area traffic crashes that led to a felony hit-and-run citation over the weekend, officials said today.

SAN GABRIEL, Calif. — U.S. Commerce Secretary John Bryson suffered a seizure in connection with two Los Angeles-area traffic crashes that led to a felony hit-and-run citation over the weekend, officials said today.

Bryson, 68, was treated at a hospital following the crashes around 5 p.m. PDT Saturday, authorities said.

The Commerce Department said Bryson was on personal time and did not have any security detail at the time of the accidents. He was driving his own vehicle and was given medication to treat the seizure.

The secretary was driving alone in a Lexus on a major street in San Gabriel when he struck the rear end of a vehicle that had been stopped for a passing train, authorities said.

Bryson spoke briefly with the occupants and then hit their car again as he departed, the officials said. The three occupants followed Bryson while calling police.

Bryson was cited for the hit-and-run, although he has not been formally charged.

Bryson then caused a second collision minutes later in the nearby city of Rosemead, striking a car occupied by a man and a woman, authorities said. Bryson was found alone and unconscious in his car.

He was treated at the scene before being taken to a hospital.

There was no immediate indication that alcohol or drugs played a role in the collisions, authorities said. San Gabriel police spokesman Lt. Ariel Duran said authorities don't know if Bryson had a prior medical condition.

Bryson, who was released from the hospital, returned to Washington, Commerce Department spokeswoman Jennifer Friedman said.

On Thursday, Bryson gave the commencement address at Pasadena Polytechnic School, where several of his daughters went to school, the San Gabriel Valley Tribune reported.

Two people in the first collision were treated by paramedics after complaining of pain, the officials said. The couple involved in the second crash also complained of pain but declined medical aid.

Damage to the vehicles was minor.

Obama swore in the former utility executive as the head the Commerce Department in October, after easily overcoming conservatives' objections that his pro-environmental views made him unsuited for the job.

As secretary, Bryson has played a role as a member of the president's economic team and has worked to promote job creation. He has also advised on energy issues, particularly in the clean energy sector.

Bryson is the former head of Edison International, the holding company that owns Southern California Edison. Bryson has also served on boards of major corporations, including the Boeing Co. and the Walt Disney Co.

He helped oversee Edison's transformation into a leading wind and solar company and launched a plan to turn 65 million square feet of unused commercial rooftops into solar power stations with enough electricity for more than 160,000 homes.

San Gabriel, home of a historic 18th century Spanish mission that gave the city its name, is a 4-square-mile community of about 40,000 just northeast of Los Angeles.

On its northern border is the wealthy city of San Marino, where Bryson has a home.

Related coverage:

Obama cabinet member cited for felony hit-and-run

Ukrainian man charged in child porn case that has already led to 560 convictions across the country

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The investigation of Maksym Shynkarenko and the websites he operated has so far led to the convictions of 560 Americans in 47 states, federal prosecutors said

newark-federal-court.jpgA file photo of the federal courthouse in Newark.

NEWARK — In what is being called the largest child porn case in U.S. history, a 33-year-old Ukrainian man who allegedly operated a world-wide hardcore porn website is due in federal court in Newark this afternoon to face child exploitation charges.

Maksym Shynkarenko, who was arrested while on vacation in Thailand nearly three years ago, finally lost his bid to prevent extradition and was brought back to this country on Sunday by U.S. Marshals.

The investigation of Shynkarenko and the websites he operated has so far led to the convictions of 560 Americans in 47 states, federal prosecutors said.

“Maksym Shynkarenko profited from the unspeakable abuse of thousands of innocent children by selling access to their suffering through his website,” said U.S. Attorney Paul Fishman.

The case was sparked by an unrelated child pornography probe of a Long Branch man whose computer gave Homeland Security investigators a roadmap to the websites being operated by Shynkarenko, officials said.

Officials say Shynkarenko and three other unnamed co-conspirators were based in the Ukraine, selling access to thousands of images and videos depicting the sexual abuse of boys and girls ranging from infants to teenagers. A 20-day access pass to the site cost $79.99, and would be billed on one’s credit card as if merchandise had been ordered from an internet site.

If convicted, Shynkarenko faces up to 20 years in prison for each of the 32 counts he was charged.


Related coverage:

Ukranian man will face child porn charges in N.J. federal court


Suspect in Auburn fatal shooting has court record

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Authorities continued their search today for Desmonte Leonard, 22, of Montgomery, who is accused of opening fire Saturday night at an apartment complex near Auburn University after getting into a fight with some of the victims over a woman

leonard.JPGThis undated handout image provided by the Auburn Police Department in Auburn, Alabama, shows 22-year-old Desmonte Leonard of Montgomery, Alabama. Leonard is wanted in connection with a fatal off-campus shooting at a party in the University Heights apartment complex late June 9.

AUBURN, Ala. — The man suspected in a weekend party shooting that killed three people and wounded three others was previously arrested on charges involving guns and twice sued for child support, according to court records.

Authorities continued their search today for Desmonte Leonard, 22, of Montgomery, who is accused of opening fire Saturday night at an apartment complex near Auburn University after getting into a fight with some of the victims over a woman. He faces three counts of capital murder.

Two of those slain were former players for the school's powerhouse football program.

Auburn Police Chief Tommy Dawson said Leonard fled the scene in a white Chevrolet that he abandoned on the way back to Montgomery, about 55 miles away. They believed he was in the Montgomery area.

Court records show Montgomery police arrested Leonard in 2008 on a charge of carrying a pistol without a license, after stopping a suspected stolen vehicle and finding him inside. Documents available online didn't show whether the case was ever resolved, but Leonard was freed on bond within days.

Leonard was charged in 2009 with assault after allegedly shooting a man in the groin, but prosecutors dropped the case after the victim told authorities Leonard wasn't the shooter.

A Montgomery woman filed a paternity suit against Leonard on Friday that identified him as the father of a girl who turned 1 last month.

Another woman sued him in 2009 seeking unpaid child support for a girl who is now 4. A court ordered monthly payments of $305 by Leonard, who records show was working at a Walmart store at the time.

Auburn police said the weekend shootings didn't appear to have anything to do with some of the victims being former or current players on the football team, which won the national championship in 2010.

"The only connection that the Auburn football team has to this is they are victims of a brutal shooting. Sometimes the young men get a bad rap, I feel like, but they are the victims today," Dawson said.

Of the three wounded victims, John Robertson remained in critical condition after being shot in the head. Xavier Moss was released from the hospital. The third wounded victim was Eric Mack, a current football player who is expected to recover.

Slain were Edward Christian, who had to quit the team because of a lingering back injury, and Ladarious Phillips, who had previously quit playing football. The other person killed was 20-year-old Demario Pitts.

Dawson said he did not know why the party was being held or what started the fight.

Turquorius Vines, 23, said he was at the party Saturday evening at the University Heights apartments with one of his friend, Pitts. He said he and his friend were approached by two other men who started arguing with them over a woman.

Vines said he punched one of the men, while Pitts hit both of the men over the head with a bottle. Either one or both of the two men then started shooting, he said. He said Pitts was shot and killed, while two others also were hit by gunfire. Vines said he had never met the men he was arguing with.

"It's like I lost a lung," Vines said of losing his friend. "I don't know how I'm going to survive this."

Several emergency vehicles converged overnight around the University Heights apartment complex where many students live. The building was swathed in yellow police tape.

The apartment complex was the scene of another shooting in April.

In that shooting, a man armed with an assault rifle allegedly opened fire on a police tactical team as officers carried out a search warrant. No one was hurt, but officer seized weapons, cash and a pound of marijuana.

Police identified the alleged shooter in the April gunfire as a 21-year-old man, who was charged with four counts of attempted murder and drug possession. Three other men were arrested on drug charges.

Mack, the player wounded in Saturday's shooting, is a junior offensive lineman from St. Matthews, S.C. He played in five games last season. Coach Gene Chizik said Mack was expected to recover.

Related coverage:

2 ex-football players among 3 dead in shooting near Auburn University

Ukranian man charged in one of U.S.'s largest child porn investigations finally faces judge in Newark

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Maksym Shynkarenko, 33, faces child exploitation charges in the worldwide case that has so far led to the prosecution and conviction of more than 560 people in 47 states who downloaded and shared material from the website he operated

newark-federal-court.jpgA file photo of the federal courthouse in Newark.

NEWARK — His arrest in Thailand three years ago came after investigators stumbled across his Ukrainian-based child pornography website on the computer of a Long Branch man charged in another case.

Monday, Maksym Shynkarenko, 33, who lost a long-fought bid to avoid extradition to the United States, finally stood before a federal judge in Newark to face child exploitation charges in what federal officials said was one of the largest child porn investigations in U.S. history.

U.S. Attorney Paul Fishman said the worldwide case has so far led to the prosecution and conviction of more than 560 people in 47 states who downloaded and shared material from the website operated by Shynkarenko, in a long-running probe that included the wiretapping of e-mail accounts and tracking credit card transactions to identify subscribers.

"The results were, quite frankly, stunning," said Fishman, who called Shynkarenko "one of the most significant individuals" ever prosecuted for child pornography in this country.

According to an indictment returned in 2008 — and first unsealed Monday — Shynkarenko and three unnamed co-conspirators sold access to thousands of images and videos depicting the sexual abuse of boys and girls ranging from infants to teenagers. A 20-day access pass to the site cost $79.99, and was billed to one’s credit card as if merchandise had been ordered from an internet site.

The images were more than explicit, Fishman said.

"We tend to minimize or trivialize child porn," he said. "But what we’re talking about is images of brutal sexual assaults by adults on small children.

The case against Shynkarenko grew out of an unrelated child porn and money laundering investigation involving Regpay, an internet billing company in Belarus which was charged in an international child pornography operation that reaped millions of dollars in fees charged back to credit cards. Officials said the computer from a Long Branch man arrested in the connection with the case provided investigators with a roadmap to the websites being operated by Shynkarenko.

E-mails stored on the computer showed a banner page of a site called "Illegal.CP," which featured more than a dozen images of minors engaged in sexual acts with other minors and adults.

Agents with the U.S. Immigration and Customs Enforcement subscribed to the site and were warned upon signing in that "our site is considered to be illegal in all countries ..."

After targeting the website and others connected to it, investigators were able to obtain the names of hundreds of individuals whose credit cards were processed to access and subscribe to Illegal.CP, the Hottest Childporn Garden, the Sick Child Room, and several related websites.

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Fishman said those later charged included convicted sex offenders and others who were actively molesting children. Among them was a long-time Boy Scout leader and middle school teacher from Mission, Texas, found to be in possession of more than 4,000 images and videos depicting child pornography; a Sacramento, Calif., man found in possession of a videotape depicting him sexually assaulting an 8-year-old girl in his care; an Orlando construction executive who visited brothels during business trips to Asia and paid to have sex with children between the ages of 4 and 16; and a Tulsa, Okla., man who sexually assaulted the 4-year-old daughter of an acquittance.

In New Jersey, at least 30 men who subscribed to the child porn site have so far been charged and convicted, the U.S. Attorney’s office said.

Shynkarenko himself was indicted in 2008, then arrested in January 2009 after federal agents tracked him to a condo in Thailand where he had traveled for a vacation. Fighting extradition for more than three years, the courts in Thailand finally cleared the way to return Shynkarenko last month. Juan Mattos Jr., the U.S. Marshal for the District of New Jersey, flew to Bangkok last week to bring him back.

Mattos said Shynkarenko, wearing shorts, a T-shirt, flip-flops and handcuffs, did not say much. They left aboard a Thai Airways jet on Saturday morning, transferring to a United Airlines flight on the final leg from Los Angeles to Newark.

"Mostly, he slept," Mattos said. "He had never been to the United States before and wanted to know what state we were flying over."

Making an initial court appearance in Newark Monday afternoon, Shynkarenko, in green prison scrubs from the Hudson County jail, close-cropped hair and glasses, answered a judge’s questions in English that he did understand his rights.

In the 32-count indictment, he was charged with child exploitation enterprise, advertising child pornography, transporting and shipping child pornography, and money laundering and other counts. He was ordered to remain in custody pending his arraignment tomorrow. If convicted, he faces up to 20 years in prison for each of the 32 counts.


Related coverage:

Ukrainian man charged in child porn case that has already led to 560 convictions across the country

Ukranian man will face child porn charges in N.J. federal court

Temple basketball star Khalif Wyatt arrested in AC prostitution sting

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The senior guard was among seven men and 16 women arrested during a two-day sweep that targeted suspected prostitutes and their clients

khalif-wyatt.JPGTemple guard Khalif Wyatt was busted in a prostitution sting in Atlantic City.

ATLANTIC CITY — A Temple University basketball player is apologizing to his family and team following his arrest on prostitution and resisting arrest charges in Atlantic City.

Khalif Wyatt issued a statement in which he says he was celebrating his 21st birthday on Sunday and "exercised very poor judgment."

The senior guard was among seven men and 16 women arrested during a two-day sweep that targeted suspected prostitutes and their clients.

Police Sgt. Rodney Ruark tells The Press of Atlantic City Wyatt and a friend solicited undercover female officers who were posing as prostitutes.

Police arrested Wyatt after they said he fled from a hotel room when officers announced the sting.

Wyatt says he intends to cooperate with authorities.

Wyatt finished fourth in scoring in the Atlantic 10 Conference last season.

Related coverage:

Prostitution sweep in Atlantic City leads to 28 arrests

Driver charged with leaving 6-year-old Ocean Township boy on school bus

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Authorities say the driver left the first-grader on the bus for more than an hour

raritan-school-bus.JPGA driver has been charge with leaving a first-grader on a school bus unattended for more than an hour.

OCEAN TOWNSHIP — A Union Beach school bus driver charged with endangering the welfare of a child after leaving a 6-year-old on a school bus at the end of his morning run is scheduled to appear in court today, according to APP.com.

Javier Quintro, 35, who worked for Loori Bus Co. of Middletown, is charged with leaving the first-grader on the bus last week at in the company depot parking lot for more than hour before the boy was found, the website reports.

A woman who answered the phone at Loori Bus Co. on Monday, when asked about Quintero’s employment status, told APP.com, “I have no comment. Bye,” and hung up.

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Coast Guard reveals second call in possible hoax boat explosion, increases reward for suspect

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The Coast Guard said making a false distress call is a federal felony with a maximum penalty of 10 years in prison, a $250,000 fine and reimbursement to the Coast Guard Watch video

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SANDY HOOK — After a mayday call came into the U.S. Coast Guard on Monday saying a yacht had exploded off the coast of New Jersey, a later call to the agency said that three people aboard the boat had died, and that several people had second- and third-degree burns in the accident, the Coast Guard revealed this morning.

The Coast Guard has increased a reward from $1,000 to $3,000 for information leading to the arrest and prosecution of the person responsible for making a false distress call Monday afternoon that claimed a vessel exploded and sunk in the waters east of Sandy Hook.

Altogether, about 200 emergency personnel and dozens of rescue vehicles combed nearly 650 nautical square miles for about three hours following a distress call about 4:20 p.m.

The male caller said the yacht, called the Blind Date, had sunk 17 miles off the coast following an on-board explosion, but that all 21 people on board had boarded life rafts. The yacht’s crew could not send a GPS positioning because the boat had lost power, the caller said.

The Coast Guard deployed crews on two boats and four helicopters. After finding no trace of the boat or any alleged survivors, the search was suspended indefinitely about 7:30 p.m. Monday.

“The case is still being looked as a possible hoax,” a spokesman for the agency, Erik Swanson, said this morning.

Swanson called the rescue effort “a bunch of a waste of time,” effort and money if it does turns out the distress call was a hoax.

The State Police, New York City police and fire departments and the Nassau County (N.Y.) police department aided in the search.

In a statement Monday night, the Coast Guard said making a false distress call is a federal felony with a maximum penalty of five to 10 years in prison, a $250,000 fine and reimbursement to the Coast Guard for the cost of performing the search.

The agency will be holding a briefing this morning to discuss its investigation into this possible hoax.

The Coast Guard and other state and local agencies responded to more than 60 suspected hoax calls in the northern New Jersey, New York City and Hudson River region in 2011, according to a statement from the agency.

Anyone with information regarding what is for now being treated as a false distress call is asked to anonymously contact the U.S. Coast Guard Investigative Service at (646) 872-5774 or (212) 668-7048.


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'We have three deceased, nine injured,' a man says during at the outset of the distress call that the Coast Guard now considers a hoax Watch video

SANDY HOOK — The man who made a distress call that sparked a massive rescue response near Sandy Hook Monday clearly explains that three people died in a yacht explosion, nine others had been injured, and that the U.S. Coast Guard needed to hurry if they were going to save nearly two dozen people in the water outside the wreck, according to recordings released this morning.

“We have three deceased, nine injured," the man says during at the outset of the 30-second audio clip. "We’ve had an explosion on board that’s why we’re taking on water."

The man, who sounds middle-aged with a slight rasp, goes on to explain he was on the only person on board the Blind Date yacht as it took on water 17 miles east of the Gateway National Recreation area at Sandy Hook. He sounds calm and matter-of-fact, as he claims to be standing in three-and-a-half feet of water on the burning bridge of the vessel.

“We have 21 souls on board, 20 in the water right now," he says. "I have 3 deceased on board, 9 injured because of the explosion we’ve had.”

The U.S. Coast Guard, N.J. State Police, Nassau County Police, New York City Police and Fire Departments and various local emergency rescue squads spent hours scouring the shore Monday. They found no wreck, no bodies, no ship. By 9 p.m. last night, Coast Guard personnel were investigating the distress call as a hoax.

During a briefing this morning, the Coast Guard said it was investigating possible ties between Monday's hoax and a similar mayday call off the coast of Sandy Hook last year.

“We are actively looking in to that whether there is any connection to last year,” Coast Guard Capt. Gregory Hitchen said this morning during a press conference in New York. “It’s my understanding the voice is similar but not necessarily alike.”

A Coast Guard spokesman this morning said that Monday’s rescue effort had cost an estimated $88,000, but that that figure could rise significantly.

State Police said their response to the false distress call cost their agency about $16,570. That price tag includes the operating cost of four helicopters, one 50-foot vessel and troopers to operate them.

The Coast Guard said making a false distress call is a federal felony with a maximum penalty of five to 10 years in prison, a $250,000 fine and reimbursement to the Coast Guard for the cost of performing the search.

Coast Guard.JPGView full sizeCapt. Gregory Hitchen, Deputy Commander of the Coast Guard Sector New York, holds a media briefing this morning to discuss the boat explosion now being called a hoax.

The Coast Guard this morning increased the reward from $1,000 to $3,000 for information leading to the arrest and prosecution of the person responsible for making the false distress call Monday afternoon.

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Suspect accused of sexually assaulting 3 Union County children returned to N.J. from Colombia

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Anyelo Martinez has been indicted on charges of first-degree aggravated sexual assault and multiple counts of second-degree sexual assault, Union County Prosecutor Theodore Romankow said today

martinez.jpegView full sizeAnyelo Martinez

UNION COUNTY — A 37-year-old man who fled the United States shortly before he was charged with sexually assaulting three Union County children has been extradited back to New Jersey, authorities said today.

Anyelo Martinez has been indicted on charges of first-degree aggravated sexual assault and multiple counts of second-degree sexual assault, Union County Prosecutor Theodore Romankow said today. Martinez is accused in attacks on two girls and one infant boy, said Romankow, who did not provide ages of the victims or say where they live.

Detective Sofia Santos from the Union County Child Advocacy Center began investigating the assaults in January 2011 and had come to suspect Martinez, then a Rahway resident. But on Feb. 8 of that year, he fled the to Bogota, Columbia – leaving with his wife and children – a day before he was scheduled to speak with Santos, Romankow said.

By March of 2011, authorities had charged Martinez and a grand jury indicted him a week later. After that, the prosecutor’s office worked with the U.S. Department of Justice to seek his extradition back to the United States.

“Detective Santos working with the FBI, and the U.S. embassy in Colombia continued to pursue Martinez," Romakow said. “On August 1, 2011, Martinez was arrested by the Colombian government in Bogota.”

Martinez arrived back in the United States last week — on June 7 — and is awaiting arraignment.

More Union County news


Former Plainfield pastor found guilty of sexually assaulting 2 girls

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A jury this afternoon found a former-pastor in Plainfield guilty of sexually assaulting two of the five girls who alleged he molested them

george-benbow.jpegGeorge Benbow, 59, was convicted of two counts of sexual assault and four counts of endangering the welfare of a child in Superior Court in Elizabeth.

ELIZABETH — As a sheriff’s officer led their former pastor away in handcuffs today after he was convicted of sexually assaulting two young girls, the victims’ parents wiped tears from their eyes.

George Benbow, who had stood in the pulpit at Christian Fellowship Gospel Church in Plainfield, preaching right and wrong, had betrayed their trust, they said.

"I’m glad it’s over and my daughter doesn’t have to go through this anymore," the mother of one of the girls said, her voice breaking. "This has devastated a community."

A jury in Superior Court in Elizabeth convicted Benbow of two counts of sexual assault for encounters with two girls between the ages of 9 and 13 — incidents that occurred on church property and in his home next door. He did not react to the verdict except to confer with his lawyer.

Benbow was acquitted on charges of sexually assaulting two other girls and attempting to sexually assault a third, but he was found guilty of lesser child endangerment counts in four of the five cases.

Benbow could face 16 to 30 years in prison when he is sentenced Aug. 31.

"It was a confusing verdict," said his attorney, Steven Altman. "Given the way it came out, we’d certainly expect to appeal."

Benbow, 59, was pastor of the church he founded in 1981. After the accusations were made in 2008, parishioners from the 600-member congregation started to vanish, and the church and the summer camp it ran closed.

The explicit and emotionally charged trial lasted four weeks, consisting almost exclusively of testimony from the five girls who accused Benbow of assaulting them over the course of eight years, beginning in April 2000. All were either campers, counselors or babysitters at the church, and they told similar stories.

Each girl, the youngest of whom is now 12, testified that Benbow would call them over to sit on his lap and then rub or push up against them. In some cases, he used a restroom immediately afterward.

The descriptions of how he moved and whether or not he was aroused at the time varied, leading the jury to convict Benbow of the top sexual assault charge for the two victims with the most detailed recollections.

Union County Assistant Prosecutor John Esmerado commended the girls for their strength on the witness stand.

"They’re doing well," he said. "I thank the children who testified for their courage and resiliency."

For the victims and their family members who sat in the courtroom every day of the trial, today’s verdict signals an opportunity to move on.

The mother of the youngest victim, known only by her initials "A.P.," said she never doubted her daughter’s story.

"A.P." was the youngest victim and the first to come forward with an accusation against Benbopw. She was attending the church summer camp when she told a counselor Benbow had pulled her onto his lap while the two were alone in an upstairs kitchen and "humped" her.

After that, four more girls came forward with accusations.

The defense argued throughout the trial that then-9-year-old "A.P.’s" accusation was false and the catalyst for copycat allegations from her friends in the church camp.

Today provided some vindication for "A.P.’s" mother, whose name is also being withheld to protect her daughter’s identity.

"I’m glad the jury heard her. I have told her that I’m proud of her for being brave enough to tell me what happened and that in doing so she helped people that this happened to, and who it could have happened to," the mother said. "She seems to have taken some pride in that, and from this point the next phase is healing."

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N.J. Supreme Court: Homeowners group can't order resident to remove political signs

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Wasim Khan was ordered by the Mazdabrook Commons Homeowners Association to remove the signs when he was running for a seat on the Parsipanny council in 2005

wasin-khan.JPGWasim Khan, circa 2005

PARSIPPANY —The state Supreme Court ruled 5-1 today that a townhouse resident had his free-speech rights violated when the homeowners association ordered him to remove political signs from his window and door.

Wasim Khan was ordered by the Mazdabrook Commons Homeowners Association to remove the signs when he was running for a seat on the Parsipanny council in 2005. The association told Khan the signs violated its rules and said only “for sale” signs could be posted at the complex, according to court documents.

A judge in Superior Court found that the sign prohibition did not violate Khan’s free speech rights, but Khan appealed and an appellate court ruled in his favor. Today’s ruling upheld the appeals court’s decision.

Mazdabrook’s regulation “has barred virtually all expressional activity,” the state Supreme Court said.

“Balancing the minimal interference with Mazdabrook’s private property interest against Khan’s free speech right to post political signs on his own property, we conclude that the sign policy in question violates the free speech clause of the State Constitution,” the court ruled.

Khan, a Democrat in heavily Republican Morris County, has run for office unsuccessfully at least twice. He is currently a Democratic nominee for a seat on the county freeholder board after running unsuccessfully last year as the Democratic nominee for a state Senate seat, along with losing the 2005 Parsippany council race.

Khan’s attorney, Dana Wefer, another Morris Democrat who has made several unsuccessful runs for public office, said he pursued the suit because he “feels strongly” that freedom of speech, which includes posting signs, is “a fundamental right.” She emphasized that he posted the signs only in his own home.

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Coast Guard searching N.Y., N.J. for fake boat explosion caller

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Investigators will be searching on both land and at sea for the caller

Gallery preview

SANDY HOOK — The person behind the fake distress call that sent hundreds of rescue personnel racing to Sandy Hook Monday may have sent the message from some point between New York City and Monmouth County, U.S. Coast Guard officials said today.

The preliminary investigation into Monday’s probable hoax — which sent nearly 200 people to Sandy Hook looking for the scene of a reported yacht explosion that killed three people — has led Coast Guard investigators to search areas from Staten Island down to Sandy Hook in search of the caller, Petty Officer Jetta Disco said.

"It’s basically based off of some of the information that’s been received as well as the lines of bearing from our radio towers," Disco said of the search parameters.

⇒ Hear audio from the distress call

Investigators will be searching on both land and at sea for the caller, she said.

The U.S. Coast Guard has received about 50 tips since the release of the recording, according to Disco, who said she could not disclose what the tipsters were saying because of the ongoing investigation.

A reward of up to $3,000 is being offered for information leading to the arrest of the caller, who could face up to 10 years in prison for making a fake distress call. The tab for the massive search effort is already upwards of $330,000 between costs to the U.S. Coast Guard and N.J. State Police alone. A half-dozen local rescue agencies, and rescue personnel from the New York City Police and Fire Departments were also involved in the search.

Disco said the Coast Guard is actively seeking the perpetrator and again called on the public’s help.

"We’ll certainly take all the help that we can get with this," she said.


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Newark woman accused of breaking into home, tossing dog into oncoming traffic over parking dispute

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Haniyyah Barnes, 25, has been indicted for burglary and animal cruelty in death of the small dog, who was hit by a car

honey-barnes.JPGHoney Bey, a 2-year-old Shih TZu was allegedly thrown into oncoming traffic by Haniyyah Barnes, who is indicted on third-degree animal cruelty, theft and criminal mischief and second degree burglary.

NEWARK — Honey Bey, a 2-year-old Shih Tzu, had just come to the defense of its owner, who had been threatened and assaulted by a Newark woman in a dispute over a parking space, authorities said.

Moments later, the woman, 25-year-old Haniyyah Barnes, grabbed Honey Bey by the throat, ran outside and threw the canine into oncoming traffic, where it was struck by a vehicle and killed, the Essex County Prosecutor’s Office said today.

Nearly a year after that Aug. 27, 2011, deadly encounter on Fabyan Place, an Essex County grand jury has indicted Barnes on third-degree animal cruelty, theft and criminal mischief and second degree burglary.

According to authorities, Barnes kicked in the door to the woman’s home that day before confronting her about the parking space. Honey Bey scurried into the room and barked at the defendant, who then grabbed the dog by the throat and ran outside with it, said Assistant Prosecutor Michele Miller, who is handling the case.

A Newark police officer patrolling in the area saw what happened and arrested Barnes, Miller said. Barnes is scheduled to be arraigned in Superior Court in Newark on June 18.

The prosecutor’s office is still handling another case of animal cruelty from last year. In that incident, a Newark woman was charged with tossing her pit bull down a high-rise trash chute. That dog, found emaciated and near death, survived and was renamed Patrick.

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Man hired female friend to murder wife in Boonton, indictment says

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Kashif Parvaiz, 26, and Antoinette Stephen, 27, of Billerica, Mass., were both charged with murder in the Aug. 16 death of 27-year-old Nazish Noorani as part of a 17-count indictment released today

Gallery preview

MORRISTOWN — A Brooklyn man hired his female friend to shoot his wife to death on a Boonton street last August, according to an indictment handed up today by a Morris County grand jury.

Kashif Parvaiz, 26, and Antoinette Stephen, 27, of Billerica, Mass., were both charged with murder in the Aug. 16 death of 27-year-old Nazish Noorani as part of a 17-count indictment released today.

Parvaiz “caused the death by his own conduct” by “procuring commission of the murder” through “payment or the promise of anything of pecuniary value,” according to the indictment.

Stephen “knowingly and purposely caused the death,” the indictment says.

The pair are also accused of conspiracy to commit murder, weapons charges, child endangerment and child abuse in connection with the fact that the couple’s then 2-year-old son was in his stroller and witnessed the shooting. He was not physically harmed.

The weapons charges accuse Parvaiz and Stephen of possessing a .38 caliber revolver handgun and a Smith and Wesson 9mm handgun. Parvaiz is also accused of possessing a .22 caliber Sig Sauer handgun and a .9mm Ruger handgun.

Stephen was indicted on charges of aggravated assault and aggravated assault with a deadly weapon for allegedly wounding Parvaiz to make it look like he was not involved in the attack on his wife.

Noorani died of multiple gunshots to the chest. The couple was in Boonton visiting Noorani’s family during the celebration of Ramadan.

The child abuse charges against both defendants accuse them of “performing an indecent, immoral or unlawful act” in the presence of Parvaiz’ and Noorani’s son.

The indictment attaches aggravating factors to the murder charges against both defendants, which could result in tougher sentences if they are convicted.

The aggravating factors charge that Parvaiz “procured commission of the murder” and that Stephen committed the murder “for receipt or expectation of receipt” of something of monetary value. The aggravating factors accuse both of creating “grave risk” for the child.

Parvaiz and Stephen are both being held at the Morris County jail.

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