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Ochi‎‏ - ‏‎Lowrita Ole‎‏ · ‏‎Lowrita Omachonu‎‏ - ‏‎Lowrita Rickenbacker‎‏ · ‏‎Grigg December 10, Suffolk County, NY — James Burke, formerly the Chief of one of the largest police departments in the country, found himself handcuffed and facing federal civil rights charges on December 9th, reports the New York Times.

After attaching his handcuffs to a six-inch chain anchored in the floor of his cell, four officers took turns beating the suspect for about fifteen minutes before Burke entered the room and took over from where they had left off.

Possession of conventional pornography — moral objections to its content aside — is not a crime. In , then-Sergeant James Burke was romantically involved with a convicted prostitute and drug dealer named Lowrita Rickenbacker.

She had been repeatedly arrested in the precinct over which Burke presided, but during an internal affairs inquiry, Burke insisted that he had no knowledge of her criminal record.

Investigators determined that Burke had engaged in sex acts with the prostitute in his patrol car, and on one occasion left her alone in the vehicle with his gun and service weapon, according to Pix11 News.

Instead, in , he was promoted to Lieutenant, before being named chief of detectives in and rising to become Suffolk County Police Chief ten years later.

Two other officers involved in the conspiracy, Criminal Intelligence detectives Anthony Leto and Kenneth Bombace, have resigned, as well.

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Author: Arthur Donald Spatt. Roslynn R. King, Assistant U. Attorney, Central Islip, NY. Lowrita Rickenbacker "Rickenbacker" or the "Petitioner" petitions this Court for a writ of habeas corpus pursuant to 28 U.

Petitioner seeks to vacate the judgment and sentence imposed following her plea of guilty to credit card account fraud on the following grounds: 1 ineffective assistance of counsel; 2 prosecutorial error; and 3 the Bureau of Prison's failure to follow the sentencing recommendation of the court.

For the reasons stated below, Rickenbacker's petition is denied. On February 14, , the Petitioner and others were arrested based on a complaint alleging that they violated 18 U.

On June 18, , the Petitioner entered into a written cooperation agreement with the Government that provided, among other things, that the Petitioner must assist the Government by giving truthful testimony and not commit or attempt to commit any further crimes.

In consideration, the Government agreed not to oppose a reduction of the Petitioner's sentence for acceptance of responsibility.

The agreement further stated that if the Petitioner violated any term of the agreement the Government would be released from its obligations under the agreement.

Thomas Boyle to a single-count information charge of credit card fraud. At the time of arrest, the Petitioner admitted that she had been using crack cocaine and was found to be in possession of a crack pipe.

On November 26, , the Court revoked the Petitioner's bail. The Government explained that the Petitioner failed to provided substantial assistance and failed to adhere to the terms of the cooperation agreement when she committed or attempted to commit another crime.

At the Petitioner's request, the Court recommended that the Bureau of Prisons place her in a "shock incarceration" program.

The Petitioner did not appeal her sentence. On April 7, , while in custody at the Federal Correctional Institution in Danbury, Connecticut, the Petitioner filed this motion alleging: 1 counsel rendered ineffective assistance by failing to file a motion for a downward departure based on substandard conditions the Petitioner endured while detained at the Nassau County Correctional Center; 2 prosecutors erred by not notifying the Court about the Petitioner's cooperation; and 3 the Bureau of Prisons did not adhere to orders given by the Court at sentencing.

Section provides a post conviction remedy for federal prisoners similar to the historic writ of habeas corpus available to state prisoners that is now codified in section Pursuant to section , a federal prisoner in custody "may move the court which imposed the sentence to vacate, set aside or correct the sentence" on the basis that it "was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack As stated by the Second Circuit, "because requests for habeas corpus relief are in tension with society's strong interest in the finality of criminal convictions, the courts have established rules that make it more difficult for a defendant to upset a conviction by collateral, as opposed to direct, attack.

United States, 59 F. Frady, U. As a result, prisoners seeking habeas corpus relief pursuant to Section must show both a violation of their constitutional rights and "substantial prejudice" or a "fundamental miscarriage of justice.

Further, in Section proceedings, the Supreme Court has recognized the rule of procedural default or "exhaustion" of federal remedies.

Reed v. Farley, U. Generally, the rule bars the presentation of a claim through a writ of habeas corpus where the petitioner failed properly to raise the claim on direct review.

If the claim has not been presented on direct review, the requirement may be waived only if the petitioner establishes "cause" for the waiver and shows "actual prejudice" from the alleged violations.

Massaro v. United States, U. In Massaro, the Supreme Court held that ineffective assistance claims are appropriately litigated in the context of a collateral challenge in the district court and not on direct appeal.

Dominguez Benitez, U. This is so because the trial record is not developed precisely for the object of litigating the ineffective assistance claim, but instead is devoted to issues of guilt or lack of guilt.

Massaro, U. Finally, the Court is mindful that the petitioner is proceeding pro se and that her submissions must be liberally construed in favor of the petitioner.

See Douglas v. United States, 13 F. With these principles in mind, the Court will discuss the procedural viability of each of the Petitioner's collateral challenges to her conviction.

If the claim was properly brought before this Court in a collateral proceeding, the Court will then review the substance of the claim.

To establish ineffective assistance of counsel, a petitioner must demonstrate: 1 that her counsel's performance fell below an objective standard of reasonableness under prevailing professional norms; and 2 that she was prejudiced by her counsel's deficient performance.

Strickland v. Washington, U. In applying the above two-prong test, "judicial scrutiny of counsel's performance must be highly deferential" and "a court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance.

The inquiry focuses "on the fundamental fairness of the proceeding whose results are being challenged. Aguirre, F. Indeed, as the Supreme Court has noted, "there are countless ways to provide effective assistance in any given case.

Even the best criminal defense attorneys would not defend a particular client in the same way. With respect to the second prong, the petitioner can only establish prejudice if there is a "reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.

United States, 8 F. In the context of evaluating counsel's performance with regard to sentencing, a claim of ineffective-assistance can only be considered prejudicial if the petitioner could have received a lesser sentence.

For example, if the petitioner claims that counsel failed to move for a downward departure, the claim can only succeed if the petitioner was actually eligible for the departure.

See Rosario-Dominguez v. United States, F. May 15, ; United States v. July 19, "Because [petitioner] was not entitled to a downward departure, his attorney caused him no cognizable prejudice.

Here, the Petitioner argues that her attorney failed to file a motion for a downward departure of her sentence based on perceived hardships that the petitioner endured while being incarcerated at the Nassau County Correctional Center.

In support, the Petitioner submits the information she provided her attorney before sentencing. The information consists of letters written to Sheriff Reilly complaining of the conditions that she endured while detained at the Nassau County Correctional Center before she was sentenced.

In one of the letters, dated April 16, , Rickenbacker complained of unsanitary food preparation and conditions. She detailed several instances where rodent feces and bite marks were on her milk containers.

In another instance, she and other inmates were served bread that rodents apparently had partly eaten. In addition, she was served a loaf of bread in which a mouse had created a tunnel inside.

Rickenbacker also complained that the library was inadequate and lacked required books and other materials. Based on these complaints, the Petitioner requested that her counsel move for a downward departure for substandard conditions during pretrial detention.

In United States v. Carty, F. Teyer, F. Mateo, F. In Carty, the defendant was allegedly held in a four-foot by eight-foot cell with three or four other inmates without light or running water.

He received ten to fifteen minutes per day outside of his cell to bathe and was allowed to make only one phone call per week. The only toilet available was a hole in the ground.

He was denied access to paper, pens, newspaper, and radio.

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Forgot your password? We can help go here. Lowrita Rickenbacker, previously in a relationship with former Suffolk Police Chief James Burke, according to a internal affairs report, faces assault charges after a fall tenant-landlord dispute, officials said.

Credit: NCPD. A felon and associate of former Suffolk County Police Chief James Burke, was arrested earlier this week in connection with an October tenant-landlord dispute where she struck a woman in the face multiple times with a two-by-four, authorities said Wednesday.

Richard LeBrun, a department spokesman. The tenant was treated for her injuries, which consisted of lacerations and swelling on her face and severe pain, according to a criminal complaint.

Seventh Precinct officers arrested Rickenbacker on Monday at about p. It was not immediately clear why or how long she has been hospitalized since her arrest.

Nicole Fuller is Newsday's senior criminal justice reporter. She began working at Newsday in and previously covered local government.

Burke, appointed by County Executive Steve Bellone to lead the police department last year, is now under a federal investigation for allegedly assaulting a Smithtown man who was in custody at the Fourth Precinct accused of taking department-issued equipment out of the chief's vehicle when it was parked near Burke's home last December.

Police said Loeb and an accomplice broke into Burke's department-issued GMC Yukon hours earlier that day and took a duffel bag containing Burke's gun belt, ammunition, cigars and other items.

While the s internal affairs investigation was underway, law enforcement sources said, Burke was being considered for a promotion, which eventually was denied because of the report's findings.

In , Burke became a lieutenant, which requires an officer to pass a civil service exam. Then in , he moved to District Attorney Thomas Spota's office, where he led the police detectives squad.

He remained in the district attorney's office until December He was then appointed chief of department, where he commands all personnel and operations and reports to Commissioner Edward Webber.

In August , internal affairs report was launched after allegations surfaced that Burke, known to those on the streets as "Starsky," was consuming illegal drugs and that he was taking drugs from dealers and failing to invoice them as police property, according to the document.

The drug use allegation was unfounded and invoice accusation was found to be unsubstantiated, according to the report.

But those allegations led investigators to Rickenbacker, who at the time had 27 arrests on her record. Investigators met Rickenbacker at the Nassau County jail in April , when she consented to an interview to defend Burke against those allegations, according to the report.

In a sworn statement to police on April 27, , Rickenbacker told investigators she met Burke in May when her girlfriend was hit by a car in North Amityville near Sunrise Highway and Albany Avenue.

She admitted to police that she was a crack user and Burke "seemed concerned for me and we became friends. Rickenbacker told investigators Burke gave her small gifts such as roses, money for food -- which she later admits she used to buy crack -- and that the two engaged in oral sex in his patrol car.

During the interview with Rickenbacker, investigators also learned that Burke failed to safeguard his service weapon twice, the report said.

She told investigators that in the fall of Burke went to her house after work and picked her up in his personal car, which she described as a blue Pontiac, the report said.

She told investigators, according to the report, that Burke drove her to his house to drop off some things.

She waited in the car, then he took her to Roy Rogers for lunch. The next day he accused her of taking his gun, she said.

Rickenbacker said he located the weapon at his home the day after that and apologized to her, according to the report.

When investigators checked her story, they found Burke had reported the loss or theft of his. A supplementary report was filed on Oct.

According to the internal affairs report, the second time Burke is alleged to have lost his service weapon was in November Rickenbacker told investigators that Burke gave her his car keys while they were at a diner on Sunrise Highway in Babylon, the report said.

When she got home, she started doing drugs and did not return to the diner. He got the weapon back when he arrived at her house hours later.

Rickenbacker's statement, which is included in the report, says that Burke's gun belt and uniform were in the backseat.

I put the gun belt and his uniform in the trunk. When James and his partner came to my house I gave him the gun back. Rickenbacker told investigators that the two broke off the relationship after that incident, the report said.

During an interview dated Jan. Burke said he ended the relationship "when he began to hear rumors about Lowrita," according to the report.

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