Behind the BLUE WALL...life of a NY cop

Behind the BLUE WALL...life of a NY cop Aftermath

After Dowds arrest Eurell and his family were offered the wittness protection program. Eurell declined the governments offer. Eurell and his family moved out of state to an undisclosed location. He remained in contact with the US attorney office for the Southern District for the next four years returning to New York for continued cooperation and court appearances.

Dowd attempted to cooperate with the same office that Eurell and Mascia did. His cooperation was rejected because he was found to be untruthful and evasive. Among other facts Dowd did not acknowledge his intent to flee the jurisdiction after his release on bail on the Suffolk County charges or his participation in the robbery/abduction scheme that was ongoing until his federal arrest. Dowd claimed through his attorney that he was entrapped by Eurell in the kidnapping scheme and that co-conspirators Danny, Hector and Ray were actually government informants.

To the contrary, the evidence provided by Eurell and the DEA demonstrates that it was Dowd who brought Eurell into the scheme, which, prior to Eurell's participation, already included Dowd and Dowd's drug trafficking associates who were renting one of Dowd's houses. Dowd himself described in a consensually recorded conversation by Eurell how he became involved in the robbery/abduction scheme. Eurell asked Dowd "can you trust these fucking guys?" Dowd said that Hector's sister, Margie, "called me up when she found out I was in fucking trouble." Dowd said "Margie spoke to me and said,'Mike, look, I know you're in trouble for what you've been fucking doing, my brothers are involved in that, if you want to do something with them, they can help you, you can help them,'"

Moreover, as a consequence of Dowd's failure to cooperate promptly and fully, Dowd's co-conspirators, drug traffickers who were renting one of Dowd's homes, remain at large.

the cooperation of almost all principal accomplice witnesses, including former officers Kenneth Eurell and Thomas Mascia. Borrent Perez, a/k/a Baron, Adam Diaz,workers of the Diaz organization and the Company.

tape recordings of Dowd from his home telephone and others' telephones based on court authorized wiretaps conducted in Suffolk County.

consensual tape recordings of Dowd made by Eurell in July 1992.

evidence seized during federal and state search warrants of the residences of Dowd and his co-conspirators.

a thorough review of the Police Department records to verify the statements of Eurell and Mascia.

Dowd entered into a cooperation agreement with the Mollen Commission and testified at the public hearing. Dowd testified about other officers knowledge and assistance in his and Eurells criminal activities. Dowd stated in describing his and Eurell's theft of drugs from a murder scene "while we searched the room we had another cop outside watching the door." To the contrary Eurell has told the Government that no other officer participated with them in the theft and that no other officer watched the door for them. Eurell said that he and Dowd were in a room looking for drugs and that Eurell himself closed the door. One officer opened the door and than withdrew after seeing Eurell and Dowd. Eurell said the officer might have suspected wrongdoing but did not discuss it-- or particpate in it with them. Another example where Dowd exaggerated other officers involvement in his own crimes is his testimony that ten to fifteen other officers in the 75th precinct provided him and Eurell with assistance in their criminal activities. Dowd testified that ten to fifteen officers were direct participants. There is no evidence in the Government's investigation that ten to fifteen officers in the 75th precinct assisted Dowd and Eurell in their criminal activities. Eurell has stated that the only active law enforcement officer who participated with Dowd and Eurell in their work for the Diaz organization was Dowd's brother. According to Eurell, there were approximately ten to fifteen young officers who socialized with Dowd and Eurell but they did so because they knew Dowd and Eurell had money, liked to socialize and would pay for drinks at the bars.The K1 letter

unusually significant

the most substantial cooperation offered by any of the cooperating defendants he worked with over the course of six years.

was not cooperating with the local prosecutor.

substantial additional criminal activity committed by himself, Dowd, Mascia and others that the Government was not aware of.

In mid-July, prior to signing a cooperation agreement with this office, Eurell informed the Government that Dowd was at that time planning with several drug dealers the robbery of a Queens "stash" house and the kidnapping of a female drug dealer. The drug dealer owed a large debt to Colombians, and Dowd's associates planned on turning her over to those Colombians for her execution in exchange for money. Dowd hoped that he would make enough money from the crime to fund his flight from the jurisdiction to avoid prosecution on the Suffolk County charges. Dowd planned to flee to Nicaragua with his family, Eurell and Eurell's family.

The Government asked Eurell to learn as much as he could about the kidnapping plan and to provide information about it to the Government. On July 27, 1992 Eurell was invited to Dowd's Port Jefferson house, where he met with Dowd and Dowd's co-conspirators and learned the details of the plan. Eurell promptly and fully reported this information to the DEA case agent. Over the next several days the NYPD and DEA had Eurell tape record his telephone conversations and wear a body wire on the eve of the commission of the crime when Dowd asked Eurell to accompany him and the co-conspirators as they did a "dry run" of the planned kidnapping. That tape recording, of the planned kidnapping/execution and discussion of past criminal activity atthe 75 precinct became the Governments strongest proof against Dowd.

contained overwhelming evidence

Eurell, his wife and children were relocated for their well-being.

prevented the kidnapping and possible murder of a woman

The quality of the evidence that resulted from Eurell's cooperation was essentially unimpeachable. In separate investigations, Eurell has been debriefed by IAD and the US Attorney's office for the Eastern District of New York. Finally, Eurell has already been interviewed and will be interviewed again, including on videotape, by IAD for a program for new officers on the evils of police corruption.

In conclusion, the Government has determined that Eurell provided substantial assistance in the investigation and prosecution of other persons who have committed offenses. The Government respectfully requests that the Court sentence Eurell in light of the relevant facts stated and the factors set forth in section 5K1.1(a) (1)-(5) of the sentencing Guidelines.

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