DOVER — A pair of defendants charged with killing a Dover businessman were sentenced to serve lengthy prison terms today in Kent County Superior Court, Attorney General Beau Biden announced.

Last year, Joshua Lemonick, of Newtown, Pa., and Angeline M. Terek, of Bristol Township, Pa., pled guilty to second-degree murder and other charges in connection with the Sept. 17, 2012 killing of Michael Gklotsos in Mr. Gklotsos’ home on Acorn Drive in Dover. Mr. Gklotsos was the owner of the Hollywood Diner and Milford Diner.

Lemonick was sentenced by Superior Court President Judge James T. Vaughn Sr. to serve 30 years in prison — 27 on the second-degree murder charge and 3 years on a first-degree robbery charge.

Terek was sentenced to 25 years on the second-degree murder charge. She had also pled guilty to second-degree conspiracy, for which she received probation.

The case was prosecuted by Deputy Attorney General Gregory Babowal and Deputy Attorney General Lindsay Taylor.

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HB 246 would make debit card theft and unlawful use equivalent to credit card fraud.

DOVER – Criminals caught stealing or misusing debit cards would face the same penalties as credit card thieves under legislation crafted by Rep. Trey Paradee in cooperation with Attorney General Beau Biden’s office.

House Bill 246, introduced today, would update Delaware’s criminal code and broaden the “unlawful use of a credit card” statute to include debit cards and other types of payment cards. Prosecutors have encountered cases where the state’s credit card fraud law is not sufficient to charge and convict some defendants.

“The Department of Justice has told us that there is a loophole in state law that has allowed a person to escape credit card fraud charges because of outdated language. This is a serious issue that needs to be fixed so more criminals don’t fall through the cracks,” Rep. Paradee said. “Whether the case involves a debit card or a credit card, stealing is stealing, and it’s no less damaging to the person whose finances are thrown into upheaval by the thief.”

In 2012, a judge dismissed 22 counts of credit card fraud against a man who used his girlfriend’s PNC Bank debit card to gamble at Delaware Park without her permission, even though the man confessed to doing so. Because of the narrow definition of “credit card” under current Delaware law, the defendant’s attorney was able to argue successfully for the dismissal of the charges. The defendant was convicted of misdemeanor theft offenses only.

“Thieves using a debit card to commit their crimes should not be able to avoid being held accountable because of a technicality,” Attorney General Biden said.

Debit cards are different than credit cards because they are used to deduct funds directly from a bank account, similar to writing a check or withdrawing cash. When a purchase is made with a credit card, the amount due is paid by the credit card bank, which then bills the cardholder at a later date and charges interest, like a loan.

The draft measure effectively replaces the definition of “credit card” and numerous references to it in the state’s criminal code with the term “payment card,” which would include debit and check cards, credit cards, EBT cards and any other type of device or item “for the use of the cardholder in obtaining money, goods, services, or anything else of value.” The definition also extends to the number assigned to any such card, to cover cases where a thief commits a crime without using the physical card.

Convictions for various payment card crimes in Delaware range from misdemeanors to felonies that include mandatory jail time.

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Legislation aims to give witnesses more confidence that the criminal justice system will protect them when they come forward to testify

WILMINGTON – Attorney General Beau Biden, Sen. Margaret Rose Henry, Rep. Helene Keeley and a bipartisan group of legislators unveiled a bill Monday that will increase penalties for criminals who attempt to intimidate witnesses.

Finding witnesses who are willing to cooperate with law enforcement and testify against defendants is one of the biggest hurdles authorities face in prosecuting and convicting criminals in the City of Wilmington and throughout Delaware.   The bill, which will be filed Tuesday in the Delaware State Senate, strengthens the state’s laws against witness intimidation.

“Witnesses need to come forward to testify when they see a crime taking place in their neighborhood,” Biden said.  “We need witnesses to come forward in order for our prosecutors to convict criminals and take them off the streets.  Witnesses also need to feel the criminal justice system will protect them.  This legislation will strengthen the protections that witnesses receive and encourage more witnesses to cooperate.”

Senate Majority Whip Margaret Rose Henry, D-Wilmington East, said is leading the charge for the measure because she said the problem of witness intimidation is a serious one.

“I think most of us have heard that witnesses who have key testimony have been scared out of stepping up because of threats to them or their families,” said Henry. “We need to make sure people feel they’ll be protected, if they do the right thing and I hope that, as word of these penalties, gets around it will make potential witnesses feel safer and make criminals reconsider trying intimidating witnesses.”

The legislation elevates witness intimidation crimes to a higher felony level, so criminals who try to scare witnesses out of testifying are more likely to face a sentence that involves prison time.

Specifically, this bill seeks to deter criminals and their associates from harassing and intimidating victims and witnesses by increasing the punishment imposed upon those convicted of the existing crimes of “Act of Intimidation” and “Aggravated Act of Intimidation.”  The bill reclassifies Act of Intimidation as a Class D felony, which has a penalty of up to 8 years in prison, and Aggravated Act of Intimidation as a Class B felony, which has a penalty of a minimum of 2 years and up to 25 years in prison.

“Witnesses coming forward to testify about a crime is stressful enough on its own,” said Rep. Keeley, D-Wilmington South. “Throw in intimidation and threats and it becomes a terrifying experience. We can’t begin to clean up our streets until we put these criminals behind bars, and we can’t put them behind bars if we don’t have witnesses testifying. We need to treat witness intimidation as the serious offense it is so we can get our judicial system working the way it’s intended.”

This proposal is the latest effort by Biden and legislators to ensure that police and prosecutors receive accurate and reliable information.  In 2012, Biden and the General Assembly passed legislation focusing on false statements given to police officers to hinder or delay investigations. Individuals who purposefully provide false information to police investigating a crime are now guilty of a Class G felony under the legislation and face the penalty of up to two years in jail.

In addition to Sen. Henry and Rep. Keeley, Sen. Bryan Townsend, is a co-prime sponsor of the legislation.  Co-sponsors include Sen. Robert Marshall, Sen. Brian Bushweller, Sen. Bruce Ennis, Sen. Brian Pettyjohn, Sen. Karen Peterson, Rep. Dale Dukes, Rep. Debra Heffernan, Rep. Ed Osienski, Rep. Joe Miro, Rep. Larry Mitchell, Rep. Trey Paradee, Rep. Charles Potter, Rep. Michael Ramone, Rep. Melanie George Smith, Rep. Jeffrey Spiegelman and Rep. Kimberly Williams.

A draft copy of the legislation is attached here  WitnessIntimidationBill2014

Dover – Attorney General Beau Biden’s office announced today that a Dover man has been sentenced to life in prison for drug dealing.

On October 16, 2012, the Delaware State Police Kent County Governor’s Task Force was conducting a patrol at the Autumn Run Apartments in Dover and attempted to stop a suspicious vehicle with multiple occupants which failed to stop and led police on a pursuit.  After the vehicle was ultimately stopped, a search revealed a loaded 22-caliber handgun, drugs (marijuana), and a digital scale.  Dover resident Seanne Godwin, who was in the rear passenger seat, told police that he had facilitated a drug deal and he was subsequently arrested.

On December 18, 2013 the jury convicted Godwin, age 30, of Drug Dealing and Conspiracy 2^nd Degree following trial in Kent County Superior Court.  After securing his conviction, prosecutor R. David Favata petitioned the Court to sentence Godwin to life in prison as an habitual offender (see 11 Del. C. 4214(b)).  Kent County Superior Court Judge William L. Witham, Jr. granted the State’s motion and imposed the mandatory life sentence yesterday.  Under Delaware law, offenders convicted of 3 separate and distinct felonies can be declared a “Habitual Offender” and sentenced to life in prison.

After initially posting bail following his October, 2012 arrest, Godwin was arrested again, in May, 2013, for drug dealing (heroin), possession of marijuana, and other charges in a separate case.  Those charges remain pending.  Godwin has remained incarcerated since his May, 2013 arrest.

Two other occupants of the vehicle in the October 16, 2012 arrest, 24 year-old Kendric Forman and 21 year-old Tyere Joyner, were also charged and successfully prosecuted in connection with this case.

A booking image of Godwin is attached.

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Wilmington – Attorney General Beau Biden today applauded Wilmington Mayor Dennis Williams for seeking new leadership for the Wilmington Police Department.  Today, the Mayor announced the national search for a new Chief to lead the Department and is forming a committee to lead the search.  Today’s action builds upon a new citywide geographic deployment plan for patrol officers that the Mayor announced last week and the formation of a multi-jurisdictional task force to target violent criminals.

“I applaud the Mayor for making the decision to seek new leadership of the Department that will produce a sea change in the policing of the City,” Biden said.  “I also believe the officers of the Wilmington Police Department deserve and desire the best leadership to implement policing strategies that will reduce crime, strengthen communities and re-build public trust, strategies that have proven to be effective in many cities such as Boston, New York, and more recently Chicago.”

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