THE ALLEGATIONS AGAINST STEVEN PAGONES AND OTHERS

The Grand Jury has heard testimony that Dutchess County Assistant District Attorney Steven Pagones and others in law enforcement were publicly accused of being involved in an attack on Tawana Brawley. Moreover, the Grand Jury heard testimony that public allegations were made that these individuals were protected through an elaborate cover-up engaged in by the Dutchess County District Attorney's Office, the Dutchess County Sheriff's Office and other law enforcement agencies.

The only allegations against Mr. Pagones and the others were unsworn statements made in public forums. Those making the allegations were invited to appear before this Grand Jury; they did not. Despite their failure to offer evidence to substantiate the allegations, the Grand Jury investigated the accusations fully.

Steven Pagones appeared before this Grand Jury, waived his constitutional right of immunity, and testified concerning his activities during the period of Tawana Brawley's disappearance. Mr. Pagones requested the Grand Jury to issue a report clearing him of the charges leveled publicly against him. The nature of the allegations in this case may be properly interpreted as an accusation that a law enforcement official used his position to force sexual relations and that he participated in or enjoyed the benefit of a cover-up. Thus, this Grand Jury concludes that the public accusations against Mr. Pagones were allegations of "misconduct, non-feasance or neglect in office," as specified in Criminal Procedure Law Section 190.85, and, therefore, that he has standing to make this request.

This report details all aspects of the Grand Jury investigation which are relevant to the question of whether Assistant District Attorney Pagones committed an attack on Tawana Brawley; participated in a cover-up; or engaged in any other misconduct with respect to Tawana Brawley.

In particular, the report has already discussed the Grand Jury's exhaustive investigation into what may have happened to Tawana Brawley from Tuesday, November 24, through Saturday, November 28, and into whether any attack was perpetrated on her.

In this section, the report will detail parallel investigations undertaken by the Grand Jury which also concerns the accusations against Mr. Pagones:

The Grand Jury investigated the actions of local law enforcement agencies from the beginning of this case until the withdrawal of the District Attorney and Special District Attorney. This investigation sought to determine whether any of their actions were consistent with the allegations that a cover-up had been engineered to protect Mr. Pagones and others in law enforcement.

Further, the Grand Jury investigated the circumstances surrounding the death of Harry Crist, Jr., a part-time police officer who was a friend of Steven Pagones and who was also accused of attacking Tawana Brawley. As noted below, it was the timing and circumstances of Mr. Crist's death and Mr. Pagones's friendship with him which first subjected Mr. Pagones to the public accusations.

--Finally, the Grand Jury heard Mr. Pagones's testimony and the testimony of witnesses called to corroborate his statements.

Allegations of a Cover-up

In assessing evidence as to whether Assistant District Attorney Pagones was involved in an attack on Tawana Brawley, this Grand Jury examined evidence relating to an alleged cover-up by law enforcement officials. Such a cover-up, if it had occurred, could have concealed Mr. Pagones's involvement or the involvement of others in law enforcement in an incident involving Ms. Brawley.

The cry of cover-up in this case was first made by ;Ralph King in the hallway of the emergency room of St. Francis Hospital on the evening of Saturday, November 28, 1987. Accounts vary as to the time of Mr. King's arrival, with witnesses saying he arrived as early as 7:40 p.m. or as late as 8:49 p.m. According to those present, he was talking loudly and causing a commotion. He was heard yelling: "Don't talk to those white fucking cops, they're not going to help us. We're going to hire a lawyer and get all those white cops in court and make them tell us what they done." He was also heard to say: "Cops, you're not going to do this. You jammed up my daughter before. You're not going to cover it up. I'm not an ignorant rigger. I will call a lawyer." Three law enforcement officers and the emergency room physician testified that they noticed the odor of alcohol on Mr. King.

The allegation of a cover-up was subsequently repeated by other members of the Brawley family, by their attorney and by others. It became the public justification for the family's refusal to cooperate with the investigation of the District Attorney and with this investigation.

As noted previously, the Grand Jury had only general public accusations of a cover-up to pursue. No individual appeared before this body and swore under penalty of perjury that any person in law enforcement committed any act that was intended to cover up for anyone. However, the Grand Jury did hear testimony from a close associate of the individuals making the public allegations. He testified that at no time, to his knowledge, did the accusers possess any concrete evidence to support their accusations of a cover-up. He further testified that the accusers had stated that it did not matter what the facts were and that they did not need to know the facts.

This Grand Jury reviewed the law enforcement response to the allegations of criminal conduct against Ms. Brawley. We focused on a number of areas, including the amount and type of resources devoted to the investigation, the securing of physical evidence, the attempts to secure Tawana Brawley's cooperation, and the reasons for the disqualification of the District Attorney and the Special District Attorney.

The Grand Jury heard testimony of persons familiar with the investigation both from within the agencies involved and from outside. In addition, the Grand Jury heard the testimony of Dutchess County District Attorney William V. Grady, Dutchess County Sheriff Fred W. Scoralick and Assistant District Attorney Pagones. Each testified before the grand jury voluntarily after executing a waiver of immunity.

Evaluation of the Handling of the Investigation Assignment of Personnel to the Investigation

On Saturday, November 28, within minutes after Tawana Brawley was seen by a deputy sheriff, detectives of the Sheriff's Department were notified. A detective on call, who also was the detective who specialized in arson cases, went immediately to the hospital. It was this detective who first requested that a rape kit examination be performed. He was later joined by the detective lieutenant, a detective who specialized in juvenile cases, a uniformed lieutenant and other uniformed personnel. Another detective was sent to the Pavillion to join the uniformed deputy on the scene. Later that day, they were joined by other uniformed personnel. The Sheriff was in personal contact with his staff at the hospital.

On Sunday, November 29, the detective lieutenant spoke personally to the District Attorney. Three detectives, including a female detective, went to the Brawley residence on that Sunday and attempted unsuccessfully to interview Ms. Brawley.

The next morning, Monday, November 30, the District Attorney assigned three Assistant District Attorneys to work on the investigation. The three prosecutors met with officers of the Sheriff's Department that morning. Later, two of the prosecutors joined a detective from the Sheriff's Office and an FBI Special Agent who handles civil rights complaints and went to the Brawley residence, where Ms. Brawley was interviewed for the second and last time.

Within three days of the discovery of Tawana Brawley, the Dutchess County Sheriff's Office had assigned at least 10 officers to the investigation, and the Dutchess County District Attorney had assigned three Assistants. Subsequently, additional staff were assigned. At one point, all of the Sheriff's twelve detectives were involved in the investigation. The District Attorney himself went to the Brawley home and met with members of the family. The Chief Assistant District Attorney was placed in charge of the Grand Jury presentation.

The Involvement of Other Law Enforcement Agencies

In addition to committing a large number of personnel to the investigation, local agencies also integrated other law enforcement agencies into the investigation. On Saturday, November 28, when it became known that racial epithets had been written on Ms. Brawley's body (and prior to her claim to the Poughkeepsie police officer that she had been raped by a "white cop"), the Dutchess County Sheriff's Office alerted the Federal Bureau of Investigation that there was evidence indicating possible civil rights violations. An FBI agent who was assigned to the case attended one of the two law enforcement interviews with Tawana Brawley.

Subsequently, the local authorities decided that the rape kit and all of the other physical evidence would be analyzed in the FBI crime laboratory in Washington.

On Sunday, December 6, the Director of Criminal Justice of the State of New York offered the Sheriff the assistance of the State Police. The Sheriff accepted, and the State Police joined the investigation the next day. The State Police investigators assigned to the case were paired with the Sheriff's detectives with as many as 10 or 12 investigators and detectives on the investigation at a time.

Securing the Physical Evidence

As detailed earlier in this report, it was Sheriff's personnel who first requested that a rape kit be performed at St. Francis Hospital. As already discussed, the Grand Jury heard expert medical opinion that the rape kit was properly and professionally completed at St. Francis Hospital and testimony that the rape kit was properly sealed and that the seal was intact when it arrived at the FBI's lab for analysis.

In addition, Sheriff's deputies and detectives took photographs of Tawana Brawley at the hospital for both identification and evidentiary purposes. They also secured Tawana Brawley's clothing and other physical evidence at the hospital. However, they did not arrange for samples of the feces and writing material from her body to be saved. Dr. Michael Baden testified that he would have wished for "criminal justice," as distinct from medical, reasons that such materials had been saved, though he noted that nothing much was lost because her body had been photographed with the fecal matter and writing still on it and the fecal matter on her clothing had been preserved.

On Saturday, November 28, Sheriff's office personnel also secured extensive physical evidence at the Pavillion Apartment complex. They searched the immediate area in which Ms. Brawley was found, a garbage dumpster located nearby, and the wooded area in back of the sewage plant. They secured the plastic bag, hand gloves, strap, and other material found at the time of her discovery. From inside Apt. l9A Carnaby Drive, Sheriff's personnel secured additional evidence. However, not all evidence in the apartment was discovered during this initial search. Additional searches were conducted on December 1 and December 8, and more evidence was discovered each time.

A fingerprint expert canvassed the apartment on December 8 and December 13 for latent prints, the second time with a portable laser unit. On December 8, the apartment was forensically vacuumed for hairs and fibers.

The Attempts to Interview and Secure the Cooperation of Tawana Brawley

The Grand Jury heard testimony indicating that among the law enforcement personnel assigned to the investigation were blacks, women and staff with experience dealing with victims of sexual assaults. District Attorney Grady assigned a white female Senior Assistant District Attorney who specialized in child sexual abuse cases. He also asked a black male Senior Assistant District Attorney to work on the case. The District Attorney testified that he assigned the black prosecutor in view of Ms. Brawley's "reluctance to talk to any white officers" at St. Francis Hospital. He felt that "it might be beneficial in terms of developing a liaison and confidence with the family."

The State Police assigned the Senior Investigator in charge of their Child Abuse and Exploitation Unit, a woman with fifteen years experience. The Superintendent of the State Police personally assigned a black lieutenant as his liaison with the investigation. This lieutenant was asked to establish contact with the Brawley family.

The FBI assigned a female Special Agent who handles civil rights complaints.

The local authorities also made numerous attempts to interview Tawana Brawley and secure her cooperation:

-- On Saturday, November 28, the Sheriff's Department detectives asked a black Poughkeepsie police officer to speak with Ms. Brawley at St. Francis Hospital in response to requests from the Brawley family.

-- On Sunday, November 29, three Sheriff's personnel visited the Brawley residence in an, attempt to interview her.

-- On Monday, November 30, two Assistant District Attorneys, the female Assistant specializing in child abuse cases and the black Assistant; a Sheriff's detective; and the female FBI Special Agent who handles civil rights complaints went to the Brawley residence and interviewed Tawana Brawley. This was the last time she spoke to law enforcement personnel.

--In early December, the Dutchess County District Attorney learned that a New York City attorney had been retained to represent the family of Tawana Brawley. On December 7, 8, 9, 10 and 11, the District Attorney personally called the attorney's office and left messages. None of his calls was returned. During the week of December 7, two members of the New York State Police made a personal visit to the attorney's office. They were informed that the attorney was aware that the District Attorney was attempting to reach him and that he would contact the District Attorney in due time.

-- On December 8, the District Attorney and an Assistant District Attorney went to the Carmine Drive apartment in an attempt to interview Tawana Brawley, but she was not present. The District Attorney spoke to Glenda Brawley in what he described as a "cordial" and "productive" conversation which lasted twenty minutes. At that point, however, Ralph Ring entered and was very hostile, interspersing his comments with obscenities and accusations. At one point, Mr. Ring raised the issue of schooling for Tawana Brawley. Soon thereafter, the District Attorney's office arranged for home-bound education for her.

-- On the evening of December 8, the State Police lieutenant, the State Police senior investigator and an Assistant District Attorney went to the Carmine Drive Apartment. When they arrived, only Glenda Brawley was present. They requested an opportunity to interview Tawana Brawley, to which Glenda Brawley consented, provided that the attorney agreed.

--On December 9, the State Police senior investigator visited the Brawley residence in an unsuccessful attempt to interview Tawana Brawley. During the visit Ralph Ring complained that his car had been tampered with, and the investigator arranged for the car to be inspected by the State Police. The investigator also offered to drive Tawana Brawley to the Westchester County Medical Center for a doctor's appointment.

-- On December 14, a team including the State Police lieutenant asked Tawana Brawley's family for direct access to her in order to obtain additional information regarding her disappearance. The family eventually agreed, contingent on the "permission" of their family attorney. There was no interview with Ms. Brawley at that time.

-- On December 14, the District Attorney again called the attorney's office, but his call was not returned.

-- On December 15, the State Police lieutenant and a State Police investigator hand delivered a letter from District Attorney Grady to Glenda Brawley (a copy was mailed to the attorney) requesting that Ms. Brawley come to the District Attorney's office on December 17 for an interview. Glenda Brawley once again agreed to allow investigators to interview Ms. Brawley, if the attorney consented.

-- On December 24, the District Attorney wrote to Glenda Brawley and to the attorney, informing them that a Grand Jury was being impaneled and that he would like to prepare Tawana Brawley on January 5 for her Grand Jury appearance. When she did not appear on January 5, the District Attorney wrote to the family attorney on January 6 informing him that the District Attorney's Office would subpoena Tawana Brawley, Glenda Brawley and Juanita Brawley for appearances before the Grand Jury on January 13.

--On January 6, the Chief Assistant District Attorney and a State Police investigator went to the Carmine Drive apartment to serve the three subpoenas. Ralph Ring answered the door, but refused to allow them to enter. The Chief Assistant District Attorney informed him of the return date of the subpoenas.

--Also on January 6, the family's attorney called District Attorney Grady to relay a complaint from Ralph King about the service of the subpoenas. Mr. Grady asked the attorney for an opportunity to interview Tawana Brawley, and the attorney replied, "The time is not right," according to District Attorney Grady. The attorney then said he would get back in touch with the District Attorney, but he did not.

-- On January 13, the three subpoenaed witnesses, Glenda Brawley, Juanita Brawley and Tawana Brawley, did not appear at the Grand Jury, though Ralph King, who was not subpoenaed, did. An Assistant District Attorney asked Mr. King whether the Brawley family members who had been subpoenaed would be present. Mr. Ring responded in what was described to us as a "very abusive, very profane" manner that if he "wanted to know...he should ask them [the subpoenaed witnesses] himself."

-- After Mr. King left the grand jury area, the District Attorney asked a State Police investigator to attempt to speak to the attorney, who was at a coffee shop across the street from the courthouse with Mr. King and others. The investigator asked the attorney whether he would meet with the District Attorney in connection with the grand jury presentation. The attorney replied by saying "I'll see." However, he did not meet with the District Attorney.

Attempts to Assess Tawana Brawley's Emotional Condition

The District Attorney also testified about conversations he had with the child psychiatrist who treated Ms. Brawley at the Westchester County Medical Center. The District Attorney said he spoke to the psychiatrist to determine "whether she felt [that] within the forseeable future, Tawana would be in a position of being able to talk to us, because...we didn't want to further traumatize her when she got to the point where she could converse clearly and [then] have her suffer a relapse to her previous state." When he first spoke to the psychiatrist on December 9, the psychiatrist suggested that the District Attorney "wait awhile" pending her treatment.

The District Attorney also spoke with a lawyer from the National Office of the NAACP. This lawyer gave the District Attorney the name of a black child psychologist from Boston who, in turn, referred the District Attorney to another "very qualified" psychologist "who would be happy to get involved if the need arose."

Ultimately, by mid-December, the psychiatrist from the Westchester County Medical Center advised the District Attorney that there was no medical reason to preclude conversations with Ms. Brawley, but none occurred.

The Photo Array

On December 8, Glenda Brawley asked investigators who visited her residence to supply the Brawley family with -photographs of all the police officers in the Mid-Hudson Valley.

In his testimony before this Grand Jury, the District -Attorney told us that while this request was not "denied," it did present several practical and legal difficulties. The District Attorney explained that in an investigation where a complainant "describes the account of the incident and describes the individual [who allegedly committed the crime] to the extent that we might know who could potentially be involved," photographs of persons who might meet that description could be shown. Instead, he testified, the District Attorney's office was asked to, in essence, "drop off 20 photographs on [a] Friday, come back on a Monday and let us know...if you see anybody that you recognize. That's not the way we do business in this county."

The "description" of an attacker as being a "white cop" did not assist in the creation of an appropriate photographic array because of the large number of persons in Dutchess County who carry a badge. The District Attorney testified:

We have seven different state penal institutions in this county, employing thousands of individuals. They are peace officers. We have the Dutchess County Sheriff's Department, New York State Police, whose headquarters are in this county and we have 20 different part-time agencies in this county and [a]ll wear badges. In addition, we have people in this county who live here...who are corrections officers...So obviously, tactically or strategically it didn't make any sense to provide them with what would have to amount to literally thousands of photographs. We needed more information.

The investigators requested more information from Tawana Brawley regarding the identification of her attackers, specifically to expand upon her very limited description so they would have a better description to work with in order to establish whether a police officer was involved. Glenda Brawley said that her daughter was still too traumatized to be able to talk to them.

During that same visit, Glenda Brawley also asked that the death of part-time police officer Harry Crist, Jr. be investigated. On December 7, a local newspaper had reported a complaint by a community organization that the police should follow up on the suicide in the previous week of a part-time police officer. The investigators informed her that Crist's death was already being investigated and they were now looking to see if he had any involvement in an attack on Tawana Brawley.

As the District Attorney's Office continued to investigate the allegations concerning Mr. Crist's death, a decision was made to prepare a photo array including his picture. An Assistant District Attorney involved in the investigation told us that as the case was being prepared for presentation to a Grand Jury, he instructed investigators that if Ms. Brawley came in to testify "we want to have photographs available to show...[I]f we reach that point we want to be able to have a photographic array set to give to Tawana or anybody else to start making identifications."

An array was prepared which included the Crist photograph and others of persons similar in appearance. It was delivered to the District Attorney's office for presentation to Ms. Brawley during her Grand Jury appearance. However, Ms. Brawley did not appear.

Disqualification of the District Attorney and the Special District Attorney

The Grand Jury has examined the chain of events that led both the District Attorney of Dutchess County and the private attorneys appointed to replace him to request that they be removed from handling this investigation.

On December 8, Glenda Brawley noted the death of Harry Crist, Jr., the part-time police officer, and asked that he be investigated for a possible connection to the attack on her daughter.

Approximately a week after Harry Crist, Jr.'s death, his name appeared in a newspaper article about the Brawley case. On the day of or the day following the article, Assistant District Attorney Steven Pagones advised District Attorney Grady that he knew Crist and had been with him on November 28, the Saturday before his death. He further told the District Attorney of their activities on that date. Mr. Pagones also advised the District Attorney that he had gone to Mr. Crist's home on December 2 after he learned of Crist's death.

Mr. Pagones also advised the Assistant District Attorney handling the Grand Jury investigation of the Brawley matter of this information, and that Assistant asked Mr. Pagones if he could obtain a photo of the officer without upsetting the deceased officer's family. The photo would be utilized in a photo array being prepared. Mr. Pagones obtained the photograph; his doing so was his only involvement in the Brawley investigation.

In late December, a friend of Tawana Brawley agreed that his telephone conversations with Ms. Brawley could be recorded. These conversations are described in more detail elsewhere in this report. In the second telephone call, after inquiring if the call was "on tape or something" and saying to the caller that the authorities "probably struck a deal with you," Ms. Brawley and the caller had the following conversation:

C: Caller; B: Ms. Brawley)

B: You know, one of them killed himself.

C: Who?

B: One of them killed himself.

C: One of them?

B: Uh huh.

C: Who?

B: The cop.

C: Who, what's his name?

B: The cop killed himself, committed suicide, he killed himself.

C: Where was this?

B: In Wappingers.

C: How'd he kill himself?

B: He shot himself in the head.

C: It was in the papers?

B: No, they put a news blackout on it.

C: Yeah.

B: Yup. There was like a little bit on it an article, you know.

In this same conversation, however, Ms. Brawley also said that she did not know who attacked her.

On Wednesday, January 13, the postal carrier who delivers to the Pavillion complex appeared at the first Grand Jury. While preparing to testify, he advised the Assistant District Attorneys handling the presentation that he had seen four white men in a white "troop car" at about 1 p.m. on either Friday, November 27, or Saturday, November 28, on Scarborough Lane in the Pavillion Apartment Complex. When asked what he meant by a troop car, he described it as a former police car.

With this new information in hand, the Assistant District Attorney presenting the case reviewed his files and the State Police file regarding Mr. Crist's death. The most significant factor in that review was that Steven Pagones had stated that on Saturday, November 28, he, Mr. Crist, a state trooper and another friend had gone shopping in Danbury, Connecticut.

On the morning of January 14, 1988, the Assistant District Attorney handling the investigation asked Steven Pagones several questions in light of the new developments. Mr. Pagones said that he and his friends had travelled in Mr. Crist's car on that Saturday, and described it as a gray, silver gray or pewter former "troop car." He added it could have looked "whitish" in color.

The Assistant District Attorney informed the District Attorney of that information. They decided to speak to Mr. Pagones further, and he substantially restated his activities with his friends for that Saturday. During the further conversation, Mr. Pagones related his recollection that Mr. Crist, while on the way to Danbury, asked whether anyone had heard of a missing girl. At some point during this second interview, either Mr. Pagones or a questioner at the interview raised the possibility that Mr. Crist used the phrase "a girl in a bag of shit" or "a girl in a bag." Mr. Pagones stated immediately that he was not certain that Mr. Crist used such a phrase. This conversation is discussed later in this report.

The District Attorney testified that at this juncture, he believed that it would be necessary to resolve questions involving Mr. Pagones and Mr. Crist. The District Attorney testified that he believed that the mail carrier's statement raised the following possibility: if the mail carrier's sighting was on Saturday, not Friday, and if the car he saw was Mr. Crist's car, then there would be a conflict with Mr. Pagones's testimony that the four friends drove to Danbury on that Saturday. Moreover, their whereabouts on Saturday could be crucial, as that was the day on which Tawana Brawley was discovered.

The District Attorney testified that it was necessary to the investigation to resolve these issues but that he and his staff questioned whether they could do so without creating an appearance of impropriety inasmuch as they would be investigating matters involving a member of the District Attorney's staff. The District Attorney testified that he decided to stop further presentation of evidence to the existing Grand Jury and to consult with senior state and federal criminal justice officials.

On the following Wednesday, January 20, the District Attorney applied before Dutchess County Court Judge Judith Hillery for the appointment under County Law Section 701 of a -Special District Attorney. This section states in pertinent part that:

Whenever the district attorney....is disqualified from acting in a particular case...., the court may, by an order entered in its minutes, appoint some attorney at law residing in the county, to act as special district attorney during the...., disqualification of the district attorney...

Judge Hillery granted the application and at approximately 9:30 a.m. on January 21, 1988, advised David B. Sall, a local attorney, that he had been appointed as Special District Attorney in this case. At the Special District Attorney's request, a second local attorney was also appointed to assist him.

Mr. Sall is a former Assistant District Attorney in Kings County and, at the time of his appointment, was also a Special District Attorney in another unrelated matter in Dutchess County. He lives and maintains his practice in Dutchess County. The majority of his cases are criminal, and at the time, all but one of his criminal cases were in Dutchess County.

At the time of his appointment, Mr. Sall was not advised as to the nature of the conflict that caused Mr. Grady's disqualification.

The Special District Attorney initially made an appointment with Glenda Brawley to see her on the morning of January 22. On that morning, however, Mr. Sall found a message left by Glenda Brawley on his answering machine stating that she was canceling the appointment on the advice of her attorneys.

On January 22, Mr. Sall and his assistant met with District Attorney Grady and learned for the first time the nature of the conflict. After leaving the District Attorney's office, Mr. Sall and his Assistant conferred and concluded that they also were confronting a conflict of interest.

Mr. Sall testified before this Grand Jury:

....it was my belief that at some point it would be incumbent upon me as a special district attorney to investigate the office of the district attorney to see whether or not the conflict of interest that was present in that office could have had any influence upon the investigation and the gathering of evidence which had gone on prior to our involvement.

We saw that as a conflict of interest for us as, essentially criminal trial attorneys, going forward with that matter.

* * * *

I was pretty much between the rock and the hard place, as it were, in that I believed it would be incumbent upon me if I continued as special district attorney to investigate, to any extent, the very office that was prosecuting defendants that I was representing. I saw that as a potential down the road, in one aspect, of causing me to be relieved as counsel to those individuals. Ethically, attorneys are forbidden to take any knowing steps which would cause them to abandon the interests of their clients. I was in a quandary over that possibility.

Mr. Sall made an application to Judge Hillery on January 22 requesting that he and his assistant be relieved. The application was granted on the same day. Subsequently, an application was made to the Governor that the District Attorney be superseded by the Attorney General pursuant to Executive Law Section 63(2).

Canon 9 of the Code of Professional Responsibility for attorneys provides:

A LAWYER SHOULD AVOID EVEN THE APPEARANCE OF PROFESSIONAL IMPROPRIETY.

The District Attorney and Special District Attorney testified that they perceived that their continued involvement in the investigation would create potential conflicts of interest and that they sought removal from the investigation to eliminate such potential conflicts in accordance with their understanding of their duties as lawyers.

Harry Crist, Jr.

Harry Crist, Jr., a part-time police officer with the Town of Fishkill who lived in the Village of Wappingers Falls, died on Tuesday, December 1, as a result of a gunshot wound to the head. The timing and circumstances of his death led to speculation and unsupported public assertions that he had been involved in an attack upon Tawana Brawley and that his death was either a suicide motivated by guilt over that involvement or a murder committed by others involved in the incident to prevent him from talking.

Subsequently, further public statements were made accusing friends of Mr. Crist, including Assistant District Attorney Steven Pagones, of also being involved in the alleged crimes committed against Tawana Brawley.

On December 8, Glenda Brawley mentioned Mr. Crist's death to investigators who visited her house and asked that it be investigated to see if he had anything to do with the attack on her daughter.

As noted earlier, during a tape recorded conversation with a friend on December 23, Tawana Brawley referred to a police officer who killed himself. Earlier in the conversation, she inquired if the call was taped and asked the caller if he had struck a deal with authorities. The conversation is quoted in two prior sections of this report.

The Grand Jury has investigated the circumstances of Mr. Crist's death and his activity during the period of Tuesday, November 24 through Saturday, November 28, 1987. The Grand Jury has heard testimony from experts in the field of forensic pathology, questioned document analysis, fingerprints, ballistics and gun shot residue analysis, as well as the testimony of investigators, family members, co-workers and friends regarding the circumstances of the officer's death and his whereabouts during the four-day period. The following facts have been established:

At approximately 11:45 p.m. on Tuesday, December 1, 1987, Mr. Crist's landlady, who lived in the apartment underneath his, returned home and observed his bedroom light on. The only vehicles in the driveway belonged to Mr. Crist. She later heard someone walk down the stairs, lock the door and return up the stairs. She described the apartment as not well soundproofed and said she heard no voices or walking around from upstairs. Shortly after midnight she heard "a noise, which sounded like a shot. And I thought it was very loud, very loud noise..." She returned to bed thinking the sound was just a car backfiring. She heard no one leave the building after that sound.

On the morning of Wednesday, December 2, the State Police were summoned to the apartment by a friend of Mr. Crist who had found the body. This friend, a state trooper, had gone to the apartment to retrieve an item he had left on a prior visit. He had his own key to the apartment.

When officers responded, the deceased was found in his bedroom lying on the bed; a .357 magnum revolver with blood on it was found next to the body; and a note was on the floor. A wound under the chin was clearly visible. There was no sign of a struggle anywhere in the apartment and no evidence that the body had been moved prior to the arrival of police.

The note found at the scene was introduced into evidence and read to the Grand Jury. The Grand Jury believes it would be unduly painful to Mr. Crist's family and would serve no probative purpose to repeat its contents in detail. In essence, the note cited the deceased's ineligibility to become a New York State Trooper, his unhappiness with his non-police job and his inability to handle his problems. It makes no mention, whatsoever, direct or implied, of the Brawley incident. The facts cited in the letter and the problems in his personal life were substantiated by the testimony of several witnesses, including relatives and friends. Three members of his family identified the handwriting on the note as Mr. Crist's. This note was also examined by an independent examiner of questioned documents, Joseph P. McNally, who compared it to known samples of Mr. Crist's writings from his places of employment and concluded that the note was written by the deceased.

The Grand Jury has also heard testimony that on the Friday before his death, November 27, Mr. Crist learned that the woman he had been seeing might be ending their relationship. On Tuesday, December 1, at about 9:30 p.m., the end of the relationship was confirmed in a telephone call.

The gun found next to the body was registered to Mr. Crist, and tests showed that the blood on it was the same type as the blood of the deceased. The presence of blood, and also oil, on the gun made it difficult to recover fingerprints. A partial fingerprint found on the revolver did not contain enough characteristics to permit any comparisons. Ballistics evidence established that the bullet removed from the deceased was fired from that gun.

Dr. Samarendia Basu, a Ph.D. in physics, and a research scientist at the New York State Police Crime Laboratory, testified regarding a Gun Shot Residue (GSR) test performed on the deceased police officer. Dr. Basu explained that when a gun is fired, clouds of vapors are emitted from the muzzle (front) and breach (rear) of the gun. These vapors contain gunshot residue. The particles from the breach are different in shape from those emitted from the muzzle. Thus the location, amount and shape of the particles can tell the expert much about the manner in which a gun was fired. Dr. Basu concluded that the wound was self-inflicted, with the gun held tightly in the right hand and with the left hand held tightly approximately three inches behind, supporting the right hand. Significantly, there was an overlapping of the different types of gunshot residue on the hands which resulted when the residue from the muzzle rebounded off the wound and superimposed over the breach residue that had already settled on the back of the right hand.

Dr. Michael Baden, an expert in the field of forensic pathology, reviewed the initial autopsy, photographs of the scene and other forensic evidence regarding Mr. Crist's death. He confirmed the initial autopsy's findings that death was caused by a single penetrating gunshot wound of the head. Dr. Baden testified that the wound was a contact wound, that the pattern of blood on the body indicated the body had not been moved and that the position where the weapon was found was typical for a suicide. Dr. Baden concluded "...my opinion is strongly that not only is it suicide, but it isn't a close call."

FBI Agent Michael Malone testified that he had examined hairs and fibers from Mr. Crist's apartment and car and from four state police cars which were or might have been used by the state trooper who was Mr. Crist's friend and who found his body. No hairs or fibers from Tawana Brawley or Apt. l9A Carnaby Drive were found in either Mr. Crist's apartment or any of the cars. No hairs or fibers from Mr. Crist's apartment or the cars were found on Tawana Brawley or in Apt. 19A Carnaby Drive. Moreover, no Caucasian hairs were found in Apt. l9A Carnaby Drive.

Investigator Ralph Gagliardi, a State Police fingerprint expert, testified that he had secured latent fingerprints from Apt. l9A Carnaby Drive and compared them to the fingerprints of Mr. Crist, Mr. Pagones and their friend the state trooper. There was no match.

The Grand Jury also heard testimony sufficient to account for a large percentage of Mr. Crist's activity and whereabouts during the period from Tuesday, November 24, through Saturday, November 28. Some of this testimony is of a personal nature and to be included here would unduly infringe upon the privacy of others. Furthermore, to provide specific detail of his activity would serve only to allow others to create further accusations tailored to coincide with the facts. The Grand Jury heard testimony that the deceased police officer conducted his work and social activities in a normal manner over this period and could not have spent four days or any substantial portion of the four-day period with Tawana Brawley.

As previously noted, Steven Pagones testified that on Saturday, November 28, the day Tawana Brawley was discovered, he joined Mr. Crist, the state trooper who subsequently found Mr. Crist's body, and another friend on a trip to a shopping mall in Danbury, Connecticut. The four friends were driven by Mr. Crist in his car.

The Grand Jury considered the statement of the mail carrier regarding his sighting of a "troop car" at the Pavillion Complex. It was the District Attorney's view that to investigate the potential contradiction between the mail carrier's assertions and those of Mr. Pagones would create a potential conflict of interest. This Grand Jury did investigate fully the implications of the mail carrier's statement.

The mail carrier testified in this Grand Jury that at approximately 1 p.m. on a day during the week of November 23 to November 28 he saw an all-white four-door car that looked like an unmarked troop car. He did not notice either the license plate number or the state the plate was from. The car was full of male adults, at least four and perhaps six. No females or blacks were observed. He described the occupants as white and middle-aged and could provide no further descriptions. The car was first observed travelling slowly up Scarborough Lane toward a culde-sac and later heading back in the other direction. It was never observed on Carnaby Drive.

The mail carrier testified he did not remember the exact day he saw the car, but recalled it was very warm and "had to be close to 60 degrees." He reviewed certified weather reports for the area for that week. The temperature at 1:47 p.m. on Saturday, November 28, was 43 degrees; at 1:45 p.m. on Friday, November 27, it was 40 degrees; the temperature for Thursday, November 26, at 1:52 p.m. was 50 degrees; and for Wednesday, November 25, at 1:50 p.m. it was also 50 degrees; the temperature at 1:49 p.m. on Tuesday, November 24, was 57 degrees. The mail carrier then testified: "I would be pretty certain to say that I saw the car on Tuesday, that warm day."

The mail carrier testified that investigators had shown him a car and that he got a good close look at it. He testified that the car he was shown by the investigators was silver and the car he had seen at the Pavillion was white. When asked: "Was that the car that you saw in the Pavillion during the week of November 23rd through November 28th?", he replied: "I would have to say no." The mail carrier was also shown photographs of four other vehicles and testified that none of those vehicles was the one he saw at the Pavillion.

Subsequent testimony demonstrated that the silver car the mail carrier was shown was Mr. Crist's and that the photographs of the other four vehicles were of state police vehicles that Mr. Crist's friend, the state trooper who discovered his body, had used or had access to in November, 1987.

The Grand Jury also received into evidence store receipts found in Mr. Crist's apartment. The receipts were from stores in the mall in Danbury where Mr. Pagones testified the four friends had gone. The receipts were dated November 28.

The Grand Jury also considered the conversation that Steven Pagones recalled happening on the way to Danbury. Mr. Pagones said the conversation occurred around noon on Saturday, which would have been prior to the time Tawana Brawley was discovered. When Pagones was interviewed in the District Attorneys office on January 14, 1988 regarding his trip to Danbury, he recalled that Mr. Crist had inquired as to whether anyone had heard of a missing girl. At some point during the interview on January 14, either Mr. Pagones or a questioner raised the possibility that Mr. Crist had used the phrase "a girl in a bag of shit" or "a girl in a bag." Mr. Pagones stated immediately that he was not certain that Mr. Crist used such phrases and that he (Pagones) may have been adding things he heard after the incident. Mr. Pagones testified before this Grand Jury that at the time of the January 14 meeting, those phrases were very familiar from having been mentioned in news accounts and around the office. He testified he was certain that Mr. Crist did not mention either of those phrases in the car on November 28. The Grand Jury accepts as credible Mr. Pagones's testimony that the conversation on November 28 consisted of no more than an inquiry as to whether anyone heard of a missing girl - and in fact made no mention of a "girl in a bag" or "girl in a bag of shit."

The Grand Jury also heard testimony that no one had filed a report with the Wappingers Falls police concerning Tawana Brawley's disappearance until the afternoon of November 28. The Grand Jury also heard testimony that there was another fifteen year-old girl missing from Wappingers Falls from late October until late December, 1987. This was reported to the Wappingers Falls Police Department, which in turn sent a teletype to all neighboring police departments. In addition, a supplementary missing person report was prepared and mailed or hand delivered to all local police departments. Both of these reports were sent to the Town of Fishkill Police Department where Mr. Crist was employed.

Steven Pagones

It must be stated at the outset that no witness appeared before this Grand Jury and accused Steven Pagones of anything. No forensic evidence linked Mr. Pagones in any way to Tawana Brawley or her former apartment, and none of his fingerprints were found in the apartment. The only allegations against Mr. Pagones were unsworn statements made in public forums.

The Grand Jury heard testimony from an individual who was a close associate of those who made the public accusations against Mr. Crist, Mr. Pagones, and their friend, the state trooper. He testified that, to the accusers, Mr. Crist was a suspect because of the timing and circumstances of his death. Mr. Pagones and the state trooper were suspects because of their friendship with Mr. Crist, as well as the fact that they both worked in law enforcement and that their fathers both held high positions in the criminal justice system.

The associate testified that some of the accusations were based on nothing more than newspaper articles. For example, he stated that accusations that Mr. Crist was murdered were based on a newspaper article which did not say whether or not a gun was found at the scene of his death. Likewise, an accusation that the Irish Republican Army was involved in an attack on Tawana Brawley stemmed from a barroom conversation with reporters to the effect that certain IRA prisoners had smeared feces on themselves as a protest.

The Grand Jury has concluded that Mr. Crist's death was a suicide motivated by reasons that had nothing to do with Tawana Brawley or with anything that may or may not have happened to her. Yet the stigma of the accusations continues to hang over Assistant District Attorney Pagones and others publicly named.

Everything thus far contained in this report -- the evidence of Tawana Brawley's whereabouts during the four-day period; the evidence concerning her medical, physical and psychiatric condition at the time of her discovery; the evidence concerning whether or not a cover-up was perpetrated; the evidence concerning the shopping trip on November 28; and the evidence concerning Mr. Crist's death -- discounts the possibility that Assistant District Attorney Steven Pagones was involved in an attack upon Tawana Brawley.

Moreover, the Grand Jury had the benefit of testimony from Mr. Pagones himself, who, like a number of witnesses who appeared before this Grand Jury, was asked to execute a waiver of immunity. Each time such a request was made of a witness we were advised that the witness had no obligation to waive these rights and that we could draw no adverse inference against the witness if the witness declined to do so. As citizens we also accept as a basic principle of the American system of justice that a person is innocent until proven guilty and has no obligation to prove himself or herself innocent. Thus, we recognized the rights that Assistant District Attorney Pagones willingly gave up in his decision to appear before us.

The Grand Jury heard testimony from Steven Pagones, thirteen witnesses who saw him during the period from Tuesday, November 24, through Saturday, November 28, and four witnesses who authenticated records which also served to establish his whereabouts. We also examined photographs taken during this period which further established where Mr. Pagones was. Further, we were supplied with the names of 49 other witnesses whom we were advised we had the discretion to call. The Grand Jury concluded that the testimony of additional witnesses was not necessary.

Mr. Pagones in his testimony was able to substantially account for his whereabouts for virtually every hour of the period from Tuesday evening, November 24 through Saturday, November 28, 1987. Mr. Pagones testified that he has never met Tawana Brawley. He answered all questions asked of him.

The Grand Jury believes that to specify any further the whereabouts of Steven Pagones during this time period and identify the witnesses who corroborate his whereabouts would serve no purpose other than to invade Mr. Pagones's privacy and to expose him to additional allegations tailored to the facts we disclose in this report. The Grand Jury believes that those publicly named and their families have suffered too much already and we choose not to be an instrument that could be used to facilitate additional false allegations.

CONCLUSIONS

This report addresses the question of whether Assistant District Attorney Steven Pagones committed misconduct, nonfeasance or neglect in office.

Specifically, Mr. Pagones was publicly accused of taking part in an abduction and sexual assault of Tawana Brawley. In order to answer that question it was necessary for the Grand Jury to resolve a great number of questions of fact and reach conclusions based on the facts as we determined them. The Grand Jury had to examine the evidence as to the possible commission of a crime against Tawana Brawley and endeavor to determine the nature of any such crime and the circumstances of its commission. While pursuing this aspect of its investigation, the Grand Jury conducted a parallel inquiry into whether any crimes so committed were in fact committed by Steven Pagones. Set forth below are a number of the key factual determinations and conclusions that the Grand Jury reached enroute to our ultimate conclusion in this matter.

The Discovery of Tawana Brawley

Tawana Brawley was found on Saturday, November 28, 1987, in the common area several feet from the rear of her former residence at l9A Carnaby Drive in the Pavillion Apartments, Town of Wappingers, New York.

She was first observed between 1:30 and 1:44 p.m. stepping into a large plastic garbage bag and pulling it up around her. She remained stationary for a couple of seconds, looked around, hopped a few feet, and then, while still inside the bag, lay on the ground near the back wall of 17 Carnaby Drive.

At approximately the same time Tawana Brawley was observed behind 17-19 Carnaby Drive, her mother, Glenda Brawley, was present in front of Apt. l9A Carnaby Drive.

Tawana Brawley's Condition

When discovered, Tawana Brawley was not suffering from exposure. If an individual had been outdoors continuously from Tuesday evening, November 24, to Saturday afternoon, November 28, when the temperature several times dropped to the freezing point, there is a high probability the individual would have suffered from exposure.

When discovered, Tawana Brawley was not malnourished. If an individual had been deprived of food for four days, there is a high probability that there would have been evidence of malnourishment.

When discovered, Tawana Brawley did not have a bad odor to her breath. If an individual was prevented from practicing oral hygiene for a four day period, there is a high probability that there would have been a bad odor to the breath.

When discovered, there were no burns on any part of Tawana Brawley's body. The jeans that Tawana Brawley was wearing when found had been burned in the crotch area. If an individual had been wearing the jeans in which Tawana Brawley was found when the jeans were burned, there would be burns on the body.

When discovered, Tawana Brawley had no injuries, broken bones, discolorations, contusions, or bruises, other then a slight scratch on her right breast and a quarter-sized bruise behind her left ear. The bruise was not tender or fresh, there was no collection of fluid underneath, and she did not wince or pull away when it was touched. The bruise was one to several days old and whatever caused it was unlikely to have been able to cause unconsciousness.

Tawana Brawley was conscious when found and at St. Francis Hospital.

She stepped into the plastic bag in which she was found and hopped twice and lay down;

She opened and closed her eyes twice prior to the arrival of the EMTs;

She resisted the opening of her eyes by the EMT;

She was biting down on a blouse that was wrapped around her head;

She grabbed with both of her hands the arm of one of the EMTs;

She resisted the EMTs' attempts to straighten her legs out on the stretcher upon which she was placed;

In a consciousness test, the emergency room physician raised Tawana Brawley's arm over her face. The arm, when released, fell away from her face indicating her conscious decision to avoid hitting her face; She resisted the emergency room physician's efforts to open her eyelids;

She subsequently opened her eyes when the emergency room physician said "I know you can hear me so open your eyes."

There was no physical basis for either Tawana Brawley's claimed inability to walk on the days that followed November 28, or for her subsequent difficulty in walking in the weeks that followed.

Tawana Brawley's Allegations

To the knowledge of the Grand Jury, Tawana Brawley never provided a detailed account of her allegations, a detailed description of her alleged attackers, or named her alleged assailants to anyone.

Tawana Brawley provided information to law enforcement on only two occasions -- Saturday, November 28, at St. Francis Hospital and Monday, November 30, at home. The information she provided was extremely limited. Neither occasion could truly be called an interview as that term is commonly understood;

Tawana Brawley never provided a detailed account of her allegations to anyone at St. Francis Hospital or to anyone in law enforcement at any time;

Tawana Brawley never provided more than a sketchy description of one of her alleged assailants to anyone at St. Francis Hospital or to anyone in law enforcement at any time;

Tawana Brawley never named her alleged attackers at St. Francis Hospital or to anyone in law enforcement at any time;

No Evidence of Sexual Assault

There was no medical or forensic evidence that a sexual assault was committed on Tawana Brawley. If a 15-year old girl had been forcibly raped or sodomized by multiple assailants over a four day period, there is a high probability that medical or forensic evidence would have been found.

There were no bruises, lacerations, tenderness or blood in the rectal area of Tawana Brawley;

There was no trauma to the mouth or the back of the throat of Ms. Brawley;

There were no cuts, dried blood, bruising, swelling, deep redness or other injury to Ms. Brawley's vaginal and pelvic area or the surrounding skin;

There was no semen found in Ms. Brawley's mouth, or on her body;

There was no motile sperm found in a microscopic examination of vaginal slides prepared at St. Francis Hospital;

Laboratory tests on the rape kit found no blood, sperm cells, or P-30 (a prostate antigen that is a substance unique to semen) on any of the materials gathered from Ms. Brawley's fingernails, or in the specimens taken from the swabs of her mouth, rectum, or vagina;

There were no semen stains or blood on any of the clothes Ms. Brawley was wearing;

There was no urine found in Ms. Brawley's mouth;

There were no foreign pubic hairs in the pubic combings taken from Ms. Brawley;

There was no plant material found on Ms. Brawley or her clothing. If an individual was sexually assaulted in a wooded area or spent significant time in a wooded area, there is a high probability that there would have been plant materials on the individual's body and clothing.

Tawana Brawley's Presence in Her Former Apartment

At some point between Tuesday evening, November 24, and the time she was found on Saturday, November 28, Tawana Brawley had significant contact with and spent a period of undetermined duration in Apartment 19A.

On Thursday, November 26, Thanksgiving Day, a young black girl wearing an acid washed denim jacket fitting the physical description of Tawana Brawley was in Apartment l9A.

The acid washed denim jacket Ms. Brawley wore on November 24 was found in the washing machine in Apt. l9A;

In the same washing machine was a pair of jeans which contained a pubic hair consistent with Ms. Brawley's;

Those jeans had dog feces on them. The feces contained dog hairs which were consistent with the dog hairs in the dog feces on the pink shirt and shoe Ms. Brawley wore when she was found and the gloves which were in the plastic bag in which she was found;

Those jeans and a pair of white boots found in a closet in Apt. l9A had been taken from the apartment across the hall. The neighbor noticed the boots missing on Friday, November 27;

Those boots had been cut, exposing DuPont Hollofil insulation; Hollofil fibers were found in Ms. Brawley's pubic hair and in the feces on the left glove found with her; a piece of loose Hollofil was recovered from underneath the plastic garbage bag in which Ms. Brawley was found, and another clump of Hollofil was found inside the acid washed denim jacket in the washing machine;

Carpet fibers consistent with those from Apartment l9A were found on the jeans, blouse and shoe Ms. Brawley was wearing when discovered on November 28;

A burnt seam of denim and other charred cotton materials were scattered on the living room floor;

Tawana Brawley's Access to Materials that Could Have Created the Condition in Which She Appeared on November 28.

All of the items and instrumentalities necessary to create the condition in which Tawana Brawley appeared on Saturday, November 28, were present inside of or in the immediate vicinity of Apartment l9A.

The razor blade found inside Apartment l9A is consistent with the instrument used to cut the word "NIGGER" into the side of Ms. Brawley's pink shoe and to cut open the white boots. There was no blood found inside the shoe, and we conclude that the shoe could not have been worn when cut;

The feces found on the pink blouse and shoe Ms. Brawley was wearing when found, on the gloves found in the bag in which she was discovered and on the jeans in the washing machine contained dog hairs which were consistent with the hairs from a dog owned by the occupant of Apartment 21A. This dog was walked in the common area behind the building containing 17-19-21-23 Carnaby and feces from this dog was on the ground in November 1987;

The feces found on the pink shoe was located mostly on the sole, as if the feces had been stepped in;

The feces found on the glove was smeared on the palms and came up between the fingers onto the back of the fingers as though the person wearing the gloves had pressed down upon a mass of feces;

Head hairs consistent with Ms. Brawley's were found on the right glove of the black, ladies' gloves found in the bag in which she was discovered;

Hollofil has the same visual appearance as cotton and may have been the substance observed in her nose and ears which was described by the emergency room physician as rough and of a synthetic nature. A piece of Hollofil was found with the bag in which she was discovered;

The writing on Tawana Brawley's body is visually consistent with writing produced using moistened charred cotton fiber residue;

The writing on Tawana Brawley's pink shirt was done with charred cotton;

Pieces of charred cotton fibers were found on the carpet inside Apartment l9A;

Three pieces of charred burnt cotton cloth, which appear to be part of a face cloth or towel were found with the bag in which Tawana Brawley was discovered;

Charred cotton fibers were found in the tips of the black, ladies' gloves that were found with the bag in which Tawana Brawley was discovered;

Charred cotton fibers were found embedded under Tawana Brawley's fingernails.

Conclusions as to What Occurred and Where it Occurred

Based upon all of the evidence that has been presented to the Grand Jury, we conclude that Tawana Brawley was not the victim of a forcible sexual assault by multiple assailants over a four-day period. There is no evidence that any sexual assault occurred. Tawana Brawley had significant contact with Apartment l9A Carnaby Drive at some time during her four-day disappearance. All of the items and instrumentalities necessary to account for the state of her appearance on Saturday, November 28, were present inside of or in the immediate vicinity of Apartment l9A. The Grand Jury concludes that Tawana Brawley was present in or near Apt. 19A when put into the condition in which she was discovered. The Grand Jury further concludes there is nothing in regard to Tawana Brawley's appearance on November 28 that is inconsistent with this condition having been self-inflicted.

No Evidence of a Cover-up

There is no evidence that a cover-up occurred or was attempted in this case. The actions of the law enforcement agencies and officials involved were inconsistent with any attempt at a cover-up.

Significant numbers of personnel were assigned to the investigation by the Dutchess County Sheriff's Office and District Attorney's Office;

The Federal Bureau of Investigation was contacted by the Sheriff's Office while Tawana Brawley was still in St. Francis Hospital. The FBI was contacted based on the racial epithets on her body even before she indicated that a "white cop" was involved;

All of the key evidence in the case was sent to the FBI Laboratory in Washington, D.C.;

The State Police were brought into the investigation;

The agencies involved in the investigation assigned both blacks and women to the investigation. The agencies involved in the investigation assigned personnel with specialized expertise including expertise in civil rights cases and sexual abuse cases;

Persistent efforts were made to secure the cooperation of Tawana Brawley and her family.

Withdrawal of the District Attorney and Special District Attorney

The Grand Jury believes that the withdrawal of the District Attorney and the Special District Attorney, although not obligatory, was not an inappropriate response to their concern that there might be a potential conflict of interest. Their withdrawal is inconsistent with the allegations of a cover-up.

Police Officer Harry Crist, Jr.'s Lack of Involvement

The death of Harry Crist, Jr. was a suicide completely unrelated to Tawana Brawley, committed with his own gun which was found at the scene. His suicide note made no mention, directly or indirectly, of Tawana Brawley. Harry Crist, Jr. had no connection with any incident involving Tawana Brawley between Tuesday evening, November 24, 1987 and Saturday afternoon, November 28, 1987.

Assistant District Attorney Steven Pagones's Lack of Involvement

In addition to the evidence we reviewed concerning the occurrence of an alleged sexual assault on Tawana Brawley, we also heard the testimony of Steven Pagones and that of the witnesses called on his behalf and reviewed documentary and photographic evidence Mr. Pagones produced. There is no forensic or other evidence that in any way connects Mr. Pagones to any incident involving Tawana Brawley. The testimony of Mr. Pagones, his witnesses and documentary and photographic evidence were credible and persuasive and established Mr. Pagones's whereabouts for virtually every hour of the period between Tuesday evening, November 24, 1987 and Saturday afternoon, November 28, 1987. Steven Pagones had no connection with any incident involving Tawana Brawley during those four days.

THEREFORE:

WE THE GRAND JURY OF THE SUPREME COURT, STATE OF NEW YORK, COUNTY OF DUTCHESS IMPANELLED ON FEBRUARY 29, 1988, HAVING CONDUCTED AN INVESTIGATION, AND BASED UPON THE PREPONDERANCE OF THE CREDIBLE AND LEGALLY ADMISSIBLE EVIDENCE, CONCLUDE THAT THE UNSWORN PUBLIC ALLEGATIONS AGAINST DUTCHESS COUNTY ASSISTANT DISTRICT ATTORNEY STEVEN PAGONES ARE FALSE, HAVE NO BASIS IN FACT AND THAT HE COMMITTED NO MISCONDUCT, NON-FEASANCE OR NEGLECT IN OFFICE.

Foreman of the Grand Jury

[Endnotes]

/1 It was later determined that "KKK" and "NIGGER" were written on the blouse.

/2 It was later determined that the word "NIGGER" was cut into the side of the shoe.

/3 At approximately 1:00 a.m. on Sunday, November 29, this young woman's teenage brother left his family's apartment in the Pavillion complex after an argument with his mother and spent the night in the former Brawley apartment. He had been a friend of Ms. Brawley for two years and knew the apartment was empty because Ms. Brawley had told him earlier in November that she was moving. He made two trips to the apartment that Sunday: at midnight to bring some personal belongings, and at 1:00 a.m. to stay. He entered by opening a window in the rear over the air conditioner and spent the night alone in the apartment, sleeping on the rug directly under the living room window. The only light he turned on in the apartment was in the bathroom, which had no windows. He also turned on the heat for the night and turned it off the following morning. He had no radio or television and made no noise.

At approximately 9:30 a.m. on the morning of Sunday, November 29, his sister went to the apartment and returned a short while later with his mother. He left the apartment, taking all his possessions, at approximately 10:30 a.m. and did not return.

/4 The Grand Jury's investigation was assisted by the testimony of four medical experts: Dr. Michael Baden, Dr. Justin Uku, Dr. Erza Griffith and Dr. Park Elliot Dietz. They were granted access to the testimony of witnesses and evidence presented to this Grand Jury through an order of the Supervising Judge of the Grand Jury issued pursuant to Criminal Procedure Law Section 190.25(4). Assassinations that reviewed the deaths of President John Rennedy and the Reverend Dr. Martin Luther Ring, Jr. He is a visiting professor of pathology at Albert Einstein School of Medicine in New York City, associate professor of forensic medicine at New York University School of Medicine, adjunct professor of law at New York Law School, visiting professor at John Jay School of Criminal Justice and teaches at Columbia University School of Physicians and Surgeons.

/5 In connection with the issue of possible exposure to similar stories, the Grand Jury heard testimony that in the Fall of 1987, a black teenage girl who had previously been a classmate of Ms. Brawley reported that two white men had abducted and raped her. She later admitted that the story was false. Ms. Brawley, according to testimony of a friend, knew this teenaged girl and spent some time among a group of friends, which included the girl, all of whom were aware of the false abduction incident although she could not specifically say whether Tawana Brawley knew the story.