Edition: U.S. / Global

Probation Surveillance Catches 16

Published: January 7, 1996

IN the predawn hours of Dec. 13, seven teams of officers from the County Probation Department fanned out through the county to arrest 16 people who had been observed driving after their licenses were suspended or revoked for driving while intoxicated.

The arrests resulted from the largest surveillance operation ever mounted by the Probation Department in cooperation with the District Attorney's office, reported Rocco Pozzi, Westchester Probation Commissioner.

The operation began when 172 probationers received a notice ordering them to meet with probation officers to review their cases over a three-day period in early December. Two meetings were scheduled at the County Center and one at the Probation Department in White Plains.

Outside the County Center, four officers sat in a blue, two-tone, 10-year-old Chevy van with tinted windows parked in a no-standing zone. Several other officers, with radios and video cameras hidden inside and wearing bulky winter coats, strolled nearby streets or sat in cars at adjacent parking lots. When probationers left the building, an officer would follow them and see if they drove off. While the testimony of the probation officer was enough to get an arrest warrant issued for violating probation, officers also recorded the violations on videotape.

One hundred and thirty-seven of the 172 probationers showed up as ordered and 25 were seen driving. Nine were not at home the morning of the arrests and are being sought. Those arrested were charged with violating probation and aggravated unlicensed operation of a motor vehicle.

"What this does is send a message that we take D.W.I. convictions seriously," Mr. Pozzi said. "Surveillance is a part of probation that has often been ignored. But it goes hand in hand with supervision and treatment. We want people to know that we will be watching them not only in operations like this, but as part of our everyday probation work."

Officers checked with the Department of Motor Vehicles to be sure that those arrested had suspended or revoked licenses. In addition, the probationers were asked about the status of their license in a form they filled out when they arrived for their scheduled appointment.

"This is the height of arrogance," said Jeanine Pirro, the Westchester County District Attorney. "These are people who were sentenced, recognized they couldn't drive as a condition of their sentence, lied to a probation officer and then drove anyway."

For the probation officers involved in the surveillance, the operation presented some unusual challenges. "Some of these people are very clever," said Bob Watson, supervisor of probation officers. "They will park a mile away and then walk around the block a few times before they head to their car."

A few were even less subtle. One fellow in a brown jacket came out of the County Center, looked around and then broke into a run. Officer Marie Forbes jumped out of the van and chased him east on Tarrytown Road, crossing six lanes of traffic and going through a deli and into the Loehmann's parking lot, where the man got into a car and drove off. She took down the car's license-plate number and radioed it back to Officer Mark E. Friedberg in the van.

A few probationers led officers as far as the White Plains Train Station and the Galleria shopping center. "You get suspicious when you see a guy coming out without a jacket because he can't be walking far in this cold weather," said Officer Joe Lhotan. His partner, Officer Jerry Rauso, added: "You got to act inconspicuous when following them, like you are doing something else. If they stop and start looking around, you have to disappear for a minute."

During their meeting with four officers inside the County Center, the probationers were given a Breathalyzer test. One man tested .06 and was then arrested when he tried to drive away. There was no evidence that the others who drove had alcohol in their systems. The t majority of probationers obeyed the law. Some walked to a bus stop and got on buses; some were driven to the meeting, and others arrived and left in taxis.

"This is a two-edged sword," Supervisor Watson said. "I'm happy both ways. I'm happy if they comply and don't drive. If they do drive, I'm happy if I catch them. Probation has to have some teeth."

Among those observed driving and later arrested was Hyo Moon of Irvington, son of the Rev. Sun Myung Moon. Few of the accused had anything to say to reporters as they were being led into the County Courthouse in White Plains for arraignment. But one, Kevin Bergin of White Plains, said, "I made a serious mistake."

Depending on their original convictions, the probationers are subject to being resentenced to a jail term of up to a year and a $1,000 fine, or up to four years and a $5,000 fine. In addition, the unlicensed-operation misdemeanor carries additional fines of up to $1,000 and a possible jail term of up to six months.

"Depending on our assessment of each case, we may recommend that probation be continued instead of incarceration with enhanced conditions, such as electronic home monitoring and community service," said Jacolyn Levin, assistant commissioner of probation. "We're not looking to fill up the jails. But we have to get the attention of people who drive while intoxicated, make them accountable and protect the public."

Photos: A Probation Department roundup resulted in 16 arrests fordriving without valid licenses. (Photographs by Susan Harris for The New York Times)