TESTIMONY VIA GROUND BREAKING USE OF LIVE TWO WAY TELECONFERENCE TRANSMISSION LEADS TO THE CONVICTION OF ONE TIME HOME CARE ATTENDANT FOR ASSAULTING ELDERLY FORMER CLIENT

Bronx District Attorney Robert T. Johnson announced today that a 27 year old Bronx woman has been convicted of beating the elderly husband of an ailing woman who once had been under her care.

Juwanna Wrotten, of 2061 St. Raymond Avenue, the Bronx, was found guilty on one count of Assault in the 2nd degree in the beating of David Liebowitz, 85, on June 29, 2003. Assault in the 2nd degree is a Class D felony offense punishable by a maximum sentence of up to seven years imprisonment. State Supreme Court Justice Harold Silverman set sentencing for Thursday, November 4, 2004 in Part T-18.

The jury, which deliberated for four days, acquitted Wrotten of Assault in the 1st degree and Robbery in the 1st degree, “causing serious physical injury” but could not reach a verdict on a charge of Robbery in the 1st degree involving the “use or threat to use a dangerous instrument.”

District Attorney Johnson said he would seek to retry the defendant on the unresolved robbery count in which deliberations ended in a hung jury.

The trial included the ground breaking first time ever use of live two way teleconferencing to hear testimony in a New York State Court. The court allowed the victim, Mr. Liebowitz, to testify via satellite after a hearing in which it was established that he was too frail to travel three thousand miles to New York in order to take the stand. Doctors testified that the elderly man’s medical condition, as a result of injuries sustained during the attack, precluded him from returning to New York from California where he and his wife are now living with their children.

Mr. Johnson said: “ Mr. Liebowitz was entitled to justice and we are gratified that we could be creative in ensuring that, without depriving the defendant of her constitutional rights.”

The victim was beaten severely at his Kingsbridge Avenue apartment on June 29, 2003. Wrotten, who at one time had been a home attendant for the victim’s wife, went to the Lebowitz’ apartment under the guise of accompanying the elderly man to visit his wife who was in a rehabilitation care center. Liebowitz testified that he was in the kitchen removing something from the refrigerator when the defendant demanded money and struck him several times in the head with a hammer or blunt instrument. Wrotten allegedly fled with between $100 and $200. Liebowitz managed to drag himself to the front door where he yelled for help prompting a neighbor to call 911. Liebowitz was treated for four lacerations to the back of his head, one laceration to the front left side of his head and two fractured fingers on his left hand.

Assistant District Attorney Earamichia Brown, of the Arson / Auto / Economic Crime Bureau is prosecuting the case.