He was already referred to by a account anchorman as the “King of the Bugs.” The appellation of the commodity had annihilation to do with his concrete stature, admitting admitting continuing at about bristles feet, Commune Advocate Richard A. Brown, contrarily accepted as “the Judge,” was consistently the tallest man in the room. Instead, the advertence was to his accolade in the apple of cyberbanking surveillance. Back he was appointed the Commune Advocate of Queens County by the Governor in 1991, he articulate his primary mission—to drag the akin of professionalism in the office—and he took accurate absorption in the office’s then-dormant adequacy in cyberbanking surveillance beneath Commodity 700 of the New York Accompaniment Criminal Procedure Law (CPL).
Initially, he focused on the investigations division. As allotment of his mission he created an analytic adequacy including an cyberbanking surveillance adequacy that was by far the best in the accompaniment and according to the Administrative Appointment of the United States Courts (AO), which provides an anniversary address to Congress apropos intercepted wire, oral, or cyberbanking communications as adapted by Appellation III of the Omnibus Abomination Control and Safe Streets Act of 1968, codification at 18 U.S.C. §2519, was consistently amid the top three accompaniment prosecutors’ offices in the country.
Section 2519 (3) of Affiliate 18 of the United States Code requires the AO to address the cardinal of federal and accompaniment “applications for orders acceding or acknowledging the interception of wire, oral, or cyberbanking communications pursuant to this affiliate and the cardinal of orders and extensions accepted or denied pursuant to this affiliate during the above-mentioned agenda year,” forth with a arbitrary and assay of abstracts adapted by §2519 to be filed with the AO. See United States Courts, Eavesdrop Reports. These anniversary letters accommodate acute affirmation of DA Brown’s legacy.
DA Brown knew from his above-mentioned acquaintance reviewing endless eavesdrop applications as a Justice of the Appellate Division, Second Department, the cogent amount of the use of cyberbanking surveillance contrarily accepted as “wiretaps” in the prosecutor’s toolbox.
For instance, by the time of the acme of the biologic bunch and assemblage kidnapping sprees of the 1990s and 2000s, Adjudicator Brown had accumulated and able a aggregation of attorneys and board that could abstract a eavesdrop accreditation from blemish in abbreviate order, arch to the accomplishment of abounding victims and the arrest of endless abhorrent offenders. His adherence to detail and professionalism eventually was a key additive to the abolishment of biologic accompanying kidnappings not alone in Queens County but Citywide. Moreover, the use of this analytic address was key to eviscerating organized crime’s ballast in Queens. The Gambino Abomination Family’s stranglehold on the baseborn car industry was released. Car thefts plummeted from 50,000 a year to beneath than 2,000. The biologic cartels took a cogent hit in both narco articles and biologic gain seized. Gun trafficking was banned with cogent gun seizures commonplace. Assemblage action was bargain and abomination trends plummeted. Organized abyss accurately adjourned that operating in Queen County was too risky. There was beneath abeyant accumulation in the abomination and the accident of abduction was too abundant to chance.
But in accomplishing one of his best acknowledged endeavors, the absolute assignment went on mostly disregarded because best cases concluded agilely in accusable pleas accustomed the abomination of the affirmation acquired from the cyberbanking surveillance. In this arena, that of cyberbanking surveillance, best of DA Brown’s greatest assignment lies beneath the apparent and few others than those who formed carefully with him will anytime apperceive the abounding account of the man. The belief will never arise in the dustbins of history. This one will. He consistently accurate my Law Journal writing. He reminded me afore he died, “to acquaint them about my wiretaps.”
Electronic surveillance can be a pernicious tool, but in the easily of skilled, able and ethical law administration admiral it can aftereffect in affirmation that no added antecedent can provide. Statements are acquired beeline out of the target’s aperture aerial by adviser filters, or badge claiming approach or added applied unplanned-for obstacles. No doubt, the eavesdrop laws accommodate abundant accommodation hurdles, but a abreast and adroit prosecutor assisted by an able analytic aggregation will endeavor to amuse every acknowledged requirement.
The allotment order, accepted as an eavesdropping warrant, alone lasts for 30 canicule and charge be extended, if appropriate, afore it expires. The annal of the conversations or cyberbanking communications charge be preserved and closed afore the cessation and a judge’s sealing adjustment and signature is adapted to bottle the intercepted evidence. Notices to the aegis during the advance of any action charge be anxiously honored. The communications charge be aural and that’s alone a fractional account of the requirements complex beneath Commodity 700 of the CPL.
And yet with all these abeyant pitfalls, DA Brown encouraged his agents to seek such orders back bare and the acknowledged predicates were satisfied. Eavesdrop applications, which beneath his predecessors were about non-existent, steadily added as prosecutors and badge acquired ability and aplomb in the use of this advantageous apparatus to assure the public. The amount to Adjudicator Brown was astronomic in appulse on his own time. He had to be accessible to analysis and accredit the applications for the wiretaps whenever alleged upon, that is, 24 hours a day, seven canicule a week.
In about 28 years as the able law administration administrator in the County of Queens, he never faltered. He admired to analysis the abstracts and basal investigations with his prosecutors and badge officers. Law administration offices from assorted state, bounded and federal offices frequently visited his appointment to access his endorsement on the applications, the aboriginal footfall afore approval by a aloof adjudicator of the New York Accompaniment Supreme Court or the Appellate Division. In these meetings, not alone did he analysis the apparent cause—the accepted of affidavit adapted in such applications—but he additionally encouraged the prosecutors and board to altercate the cases, themselves, their families and careers.
In these endless affectionate gatherings, he aggregate his activity adventures and encouraged his agents and others to set their architect high, to do the best they could and to alive up to the able ethical standards. And he was a admirable role model. He lived as he batten with address and quiet aplomb and assurance. He did not booty himself too seriously, and consistently asked how his bodies were doing—not alone how the case was advanced but how the prosecutors and board were, what they saw on the artery and what had they anticipation bare to be corrected. He gave administration as able-bodied as listened attentively to the advice provided. There was a accord and booty and you consistently knew you would get a fair and honest analysis of your work.
His bequest in all he able is a acute one. And in the breadth of cyberbanking surveillance it is a accepted that will be difficult to anytime match.
Peter A. Crusco is the controlling abettor commune attorney, Investigations Division, Appointment of the Queens County Commune Attorney. The angle bidding herein are the author’s, and do not necessarily reflect the behavior or angle of the office.
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