![]() Rodney J. Andrews |
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The Ultimate Sacrifice ---------------------
On Wednesday, August 2, 2006 four members of the Stapleton Crew, the Staten Island gang responsible for the murders of Detectives James Nemorin and Rodney Jay Andrews, were sentenced in
Statement issued by DEA President Michael J. Palladino on the sentencing of
“Although there is no amount of restitution that could bring back the lives of New York Police Department Detectives James Nemorin and Rodney Jay Andrews, we’re gratified that those responsible for their homicides are finally being brought to justice.
“Detectives Andrews and Nemorin were two hardworking and fearless men who dedicated their lives to the betterment of society. As members of the NYPD’s Firearms Investigations Unit, they worked to eradicate the cancer of illegal gun trafficking. During the course of an undercover buy and bust operation, they were executed at point blank range.
“Putting away these four defendants for life would be too little punishment. However, the court has spoken and we accept the sentences. These four defendants will serve a significant amount of time behind bars, tucked away from society and, we hope, unable to wreak any more havoc on the lives of decent citizens and law enforcement officers.
“To ensure that justice for Nemorin and Andrews is properly served, our focus is now on the pursuit of the death penalty for Ronell Wilson, the trigger-man in this case.”
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The trial of Ronell Wilson, killer of Detectives James Nemorin and Rodney Jay Andrews, ended December 20, 2006, with the jury bringing back a guilty verdict on all ten counts.
The penalty phase of his trial began on January 16, 2007, and DEA President Michael Palladino issued the following statement:
“Today, the penalty phase of the murder trial of Ronell Wilson began in Brooklyn Federal Court, Eastern District.
“Today, when the victims’ families and co-workers spoke before the jury, the highly emotional testimony brought to light the severe damage and pain that Wilson’s cold-blooded and ruthless actions inflicted upon the Nemorin and Andrews families.
“It is now my understanding that Ronell Wilson, during these final hours before his sentencing, suddenly wishes to make a statement to the jury, even though, for the past three years, he sat through his own trial emotionless, remorseless, and even declared to witnesses that he ‘didn’t give a f-- about anyone.’ But now that he is facing death, he is suddenly running scared.
“I wish to make it clear to all those who continually say that the death penalty is not a deterrent to crime, that this last minute attempt of Ronell Wilson to save his own skin is proof positive that the death penalty is a deterrent. Now that he is facing what he so glibly netted out to others,
“Ronell Wilson executed two hardworking New York Police Department detectives who devoted their lives to the citizens of
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On Tuesday, January 30th, 2007 the jury agreed and sentenced Ronell Wilson to death. Judge Nicholas Garaufis formally handed down the death sentence on March 29, 2007, marking the first time in 50 years that the death penalty was netted out in
On Wednesday, June 30, 2010, the Second United States Circuit Court of Appeals ruled that prosecutors made a legal error in the trial of Ronell Wilson, who, in 2003, shot and killed NYPD Firearms Investigation Unit undercover Detectives James Nemorin and Rodney J. Andrews during an illegal gun buy and bust on Staten Island. While Wilson’s conviction still stands, two members of a three judge panel struck down Wilson’s death sentence.
It is unclear whether the three judge panel that voided the death sentence did so as an immutable point of law or whether they were, years later, subjectively re-interpreting transcripts and making a judgment call regarding what was said by the prosecutors at trial, since the comments at trial were not corrected by Judge Garifus, the point the panel believed now warrants the voiding of Wilson’s sentence.
DEA President Palladino pointed out during his press conference at the union’s headquarters on June 30, 2010, that Wilson was convicted and sentenced by a 12 member jury based upon overwhelming evidence, his remorseless demeanor in court, his posing a threat both inside and outside prison, and his continuation of illegal activity in trying to engineer violence against other subjects in Pennsylvania.
Palladino added, “This is what moved the jury to impose the death sentence, not a few remarks by the prosecutors handling the case. However, here we are, years later, and the panel reviewing the transcript has now ruled that Wilson’s death sentence must be tossed out and the killer be re-sentenced by a new jury. It will take a miracle,” added Palladino, “to garner the same death sentence without a jury being able to hear witnesses, testimony, view the killer’s original demeanor, and hear all the evidence presented during the original trial.”
The panel’s decision sent shockwaves through the families of the slain Detectives, the members of the NYPD, and the American law enforcement community.
Rose Nemorin, widow of Det. James Nemorin, and Det. Maryanne Andrews, former wife of Det. Rodney Andrews, were too distraught to comment to the press. Det. Andrews likened the situation to having a partially healed wound that had been ripped open again. Their concerns are for the three Nemorin and two Andrews children who lost their fathers in 2003.
Said Rose Nemorin when she heard the panel’s decision, “I feel like I stepped backwards in time, experiencing the same feelings I had on March 10, 2003 when my husband was killed.”
The Court’s 115-page decision is now being reviewed by the prosecutor in the original case, Colleen Cavanaugh, who is examining the options, which include appealing to the full panel of the Second Circuit Court or possibly taking the case to the United States Supreme Court.
The DEA would like to thank Ms. Cavanaugh and Jack Smith (now a federal judge), who did an outstanding job during Wilson’s original trial. Said Det. Palladino, “Although we respect the Court’s ruling, we disagree completely with the decision. We fully support the jury’s original death sentence in this case and hope to see this remorseless, ruthless killer face the ultimate penalty he received and justly deserves.”
UPDATE as of August 13, 2010 –
The United States Attorney for the Eastern District sought and received permission from Washington, DC to make a motion before the Second Circuit Federal Appeals Court requesting a rehearing before the entire court in an effort to reverse the three judge panel’s decision to overturn the death penalty sentence of Ronell Wilson, who was convicted of murdering Detectives, James Nemorin ad Rodney Jay Andrews on March 10, 2003.
With the Justice Department’s blessing, Assistant U.S. Attorney Colleen Cavanaugh filed that motion. The U.S. Attorney’s Office is seeking to reargue the case before the full court of approximately 15 judges who sit on the Second Circuit Appeals Court. The U.S. Attorney informs me that a majority of the sitting judges must approve the motion for a rehearing to be granted. We expect a decision in approximately 60 days.
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On Tuesday, May 8, 2007, two more members of the Stapleton Crew, both of whom pleaded guilty to second degree murder charges within days of the killings of Andrews and Nemorin, were sentenced: Mitchell Diaz, age 22, and Jessie Jacobus, age 21, received 15 years to life for their roles in the detectives’ murders. Previously, Diaz confessed to providing the gun to Ronell Wilson, and Jacobus confessed to accompanying
On Friday, November 9, 2007, the last suspect in the homicides, Omar Green, was sentenced to 22 years to life in prison in Staten Island Supreme Court by Judge Leonard P. Rienzi. Green, a black market arms dealer, had pleaded guilty to second-degree murder charges. He had helped set up the detectives' deaths. Green signed a cooperation agreement shortly after the murders and urged his accomplices Jacobus and Diaz to come forward. -----------------------------------------
The DEA and the families of James Nemorin and Rodney Jay Andrews thank the United States Attorneys Office of the Eastern District, all the members of the NYPD, and all those who expressed their concern and supported us during this four year ordeal.
For information on the March 10 Undercover Fund for the children of Detectives Nemorin and Andrews, please see the “Related Charities” section of this website.
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