April 16, 1999

D.A. BROWN TO SEEK DEATH PENALTY IN TWO FIRST DEGREE MURDER CASES AGAINST RIDGEWOOD MAN

Queens District Attorney Richard A. Brown announced today that he will seek the death penalty in two first degree murder cases pending against 34 year old Steven Smelefsky of Ridgewood.

District Attorney Brown said that he had reached his decision after a "painstakingly thorough review of all of the facts and circumstances surrounding both cases" and after, among other things, reviewing the findings of his seven-member Capital Case Review Committee, meeting with the families of those who were murdered and considering material presented by the Capital Defenders Office, which represents the defendant, in mitigation of seeking the death penalty in these cases.

The District Attorney said that he was "satisfied that the aggravating factors involved in these cases substantially outweigh any mitigating circumstances and that under the law a sentence of death would be justified in the event of the defendant's conviction."

District Attorney Brown identified the defendant as Steven Smelefsky of 1724 Gates Avenue, Ridgewood. He is charged with murdering George Capobianco, 44, of 62-09 84th Street, Rego Park during the period of July 31 - August 1, 1998. Keith Knoesel, 29, of 76-66 Austin Street, Forest Hills has also been indicted in connection with the murder. The defendant Smelefsky is charged with Murder in the First Degree and the defendant Knoesel is charged with Murder in the Second Degree. They are both also accused of robbery, burglary and other charges in connection with the crime which took place inside Mr. Capobianco's residence.

According to the indictment, the two defendants went to the apartment of Mr. Capobianco, who was a friend of one of the defendants, in order to rob him. Once inside the deceased's apartment, after talking to him for a while, defendant Knoesel allegedly hit him over the head with a bottle and the defendant Smelefsky began stabbing him. After the murder, the defendants fled but, according to the charges, they returned to the victim's apartment over the next few days to steal other property. They were arrested on August 11, 1998 as they were entering the deceased's 1991 Lincoln.

In addition, the defendant Smelefsky is charged with the murder of another Queens resident, 92 year old Louis Thumudo, whose body was found by local police in Stroud Township, Pennsylvania in May of last year. The defendant Smelefsky and Rubin Ortega, 44, of 117 Willoughby Street, Brooklyn were indicted for Mr. Thumudo's murder. The defendant Smelefsky is charged with Murder in the First Degree and the defendant Ortega is charged with Murder in the Second Degree, among other crimes. According to the charges, the two defendants waited for Mr. Thumudo, who lived in the same building as the defendant Smelefsky, in the garage of 1724 Gates Avenue where Mr. Thumudo parked his car. As the deceased entered the garage, the defendants allegedly grabbed him and robbed him and then bound his mouth, feet and ankles, covered him with a tarpaulin and threw him into the trunk of his 1994 Ford Escort. They then allegedly drove to Stroud Township in Pennsylvania where they dumped him off the side of a road. Mr. Thumudo's body was found on May 18, 1998.

The District Attorney said that his seven-member Capital Case Review Committee consisted of his office's Chief Assistant District Attorney and its Executive Assistant District Attorneys for Major Crimes, Special Prosecutions, Legal Affairs and Trials, together with the Chiefs of his office's Homicide Trials and Special Victims Bureaus.

District Attorney Brown said, "While I understand that some might want a detailed explanation of the basis for my decision, the interests of a vigorous and fair prosecution in this and other cases, precludes further comment. My prime responsibility is to ensure that nothing compromises or prejudices this or any other capital prosecution and any further comment by me would be inconsistent with that responsibility."

District Attorney Brown said that the lead trial prosecutor will be Assistant District Attorney Mark Osnowitz. Mr. Osnowitz has over 13 years experience as a prosecutor with the Queens District Attorney's Office. He has previously served in its Appeals, Supreme Court, Major Offense and Homicide Trials Bureaus. In 1998, he was named Deputy Chief of a Supreme Court Trial Bureau.

Mr. Osnowitz will be assisted by Assistant District Attorney Gary S. Fidel, Director of Special Litigation in District Attorney Brown's office and by the members of the District Attorney's Homicide Trials Bureau, under the supervision of Bureau Chief Daniel A. Saunders.

The investigation, which was under the overall supervision of Executive Assistant District Attorney Gregory L. Lasak was conducted by Peter T. Reese, Chief of District Attorney Brown's Homicide Investigations Bureau and Robert J. Schwerdt, Deputy Chief of that Bureau, together with Assistant District Attorney Kevin Power.

It is to be noted that an indictment is merely an accusation and a defendant is presumed innocent until proven guilty.

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