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12/01/2010 08:45 PM

Defendants In Bronx Bias Attacks Arraigned On Hate Crime Charges

By: Dean Meminger

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Several defendants accused in a brutal bias attack in the Bronx were arraigned Wednesday in State Supreme Court. NY1's Dean Meminger filed the following report.

As members of the alleged "Latin King Goonies" were being arraigned Wednesday, the judge sent a stern warning to family members and supporters of the defendants in the courtroom. Judge Stephen Barrett was informed that there have been threats against individuals.

While addressing the court, he said, "Threats and violence will do you great harm. I'm just giving you all a prophylactic warning. You can not express your feelings through threats and violence."

Law enforcement sources say some of the defendants are not getting along with one other on Rikers Island. And now there's a fear they could testify against each other.

"It is always upsetting because I don't want my client to be hurt, I want him to be safe," said Defense Attorney Sanders Denis.

On Wednesday, five men alleged to be members of the "Latin King Goonies" were arraigned on hate crime charges, including gang assault in the first degree and aggravated sexual abuse.

The case stems from the alleged sexual attack, torture, beating and robbing of four men in the Bronx in October. Prosecutors say some of the victims were sodomized with a plunger handle and a small baseball bat because the gang thought they were gay.

"I'm just letting it be known and clear, he [David Rivera] doesn't hate gay people, he wasn't trying to hurt someone because of their sexual orientation. In fact my position is that. He is not guilty and they need to prove their case," said Defense Attorney Jason Foy.

The Bronx district attorney's office has charged seven men with 75 counts combined. But some defense lawyers say one of the alleged victims, a 30-year-old, should face charges as well.

"I believe he was taking advantage of young boys in this case. And no one is speaking about that. I think it is an important factor in this case and hopefully this will come out as the case progress," Denis said.

In another twist to the case, a 16 and 17-year-old who were initially arrested for taking part in the attacks, but later had the charges dropped against them are now named as victims of the gang.

Those facing the most serious charges could spend more than 25 years behind bars if convicted.