Saturday, April 2, 2004

D.A. BROWN: NYPD POLICE OFFICER ARRAIGNED ON CHARGES OF ATTEMPTING TO HAVE SEX WITH CHILD IN INTERNET “STING” OPERATION IN WHICH UNDERCOVER DETECTIVE POSED AS 14-YEAR-OLD BOY

Queens District Attorney Richard A. Brown announced today that a New York City Police Department Police Officer –- assigned to the the 114th Precinct in Astoria as the precinct’s Youth Officer –- has been arraigned on charges of attempted use of a child in a sexual performance and other offenses for allegedly attempting to meet to have sexual relations with an individual who he believed was a 14-year-old boy but who actually was a New York City Police Department undercover detective.

District Attorney Brown said, “According to the charges, the defendant sent instant messages utilizing American Online and made arrangements to meet an individual who he believed was a 14-year-old boy to have sexual relations. The intended victim was actually an NYPD undercover detective conducting a ‘sting’ operation. The case underscores the crucial importance of internet surveillance initiatives by law enforcement to protect children from sexual predators. It should serve as a warning to parents to closely monitor their children’s internet access and activity.”

The District Attorney identified the defendant as Michael Costello, 39, a NYPD Police Officer who resides in New York City. The defendant has been charged with Attempted Use of a Child in a Sexual Performance; Attempted Criminal Sexual Act in the Second Degree; Attempted Dissemination of Indecent Material to a Minor in the First and Second Degree and Attempted Endangering the Welfare of a Child. He faces up to seven years in prison if convicted.

District Attorney Brown said that according to the criminal complaint the defendant on March 24, 2005 at his residence contacted the undercover detective via the internet using the screen name Softmouth4U, advised the detective that he was interested in having sex, sent a photograph via e-mail stating that it was a picture of himself and invited the detective to have sex with him in his car, saying his car had tinted windows.

The District Attorney said that it is alleged that the defendant on March 28, 30 and 31 and April 1, 2005 sent internet messages to the detective and that yesterday about 4:07 p.m. the defendant arranged in an instant message conversation to meet the detective at a coffee shop at Queens Boulevard and 67th Avenue at 8 p.m., writing, “U hop in and take your pants off...no one will see you..so Ill be there at 8.”

It is additionally alleged that on March 25, 2005 the defendant -- again writing as Softmouth4U –- contacted via instant message the undercover detective who was posing as a 15-year-old boy, sent to the undercover what he stated was a picture of himself and invited the undercover to meet, writing, ”You know what I wanna do.”

According to the complaint, detectives apprehended the defendant last evening about 7:45 p.m. outside the coffee shop. At the time of his arrest detectives recovered lubricant and condoms.

The defendant was arraigned earlier today in Queens Criminal Court before Judge Barry Kron who set bail in the amount of $25,000 and a return date of April 18, 2005.

The investigation was conducted by Detective Michael Smith of the New York City Police Department’s Computer Crime Squad under the supervision of Lieutenant John Otero and Inspector Jeremiah Quinlan and the overall supervision of Chief of Detectives George F. Brown and Detective Thomas Janow of NYPD Queens Internal Affairs under the supervision of Deputy Inspector Salvatore Comodo and Captain Paul Rung and the overall supervision of Chief of Internal Affairs Charles V. Campisi.

The case is being prosecuted by Assistant District Attorney Kateri A. Gasper of the District Attorney's Special Proceedings Bureau under the supervision of Assistant District Attorney Robert D. Alexander, Chief, Computer Crimes Unit, and Anthony M. Communiello, Bureau Chief, and Oscar W. Ruiz, Deputy Bureau Chief, Special Proceedings Bureau, and the overall supervision of Executive Assistant District Attorney for Investigations Peter A. Crusco and Deputy Executive Assistant District Attorney for Investigations Linda M. Cantoni.

It should be noted that criminal charges are merely an accusation and that a defendant is presumed innocent until proven guilty.