People v. Schreiber CA6

I. Statement of Facts

A. Prosecution Case 1. Background Alan Steinmark was employed as a senior enforcement technical officer with the United States Department of Homeland Security in the Immigration and Customs Enforcement (ICE) unit. He resided in Hicksville, New York. Sometime in June 2002, he discovered that someone had broken into his government vehicle, which was parked outside his residence. The burglar took various items, including a Gold’s gym bag, two empty magazines for his .9 millimeter firearm, bullet-proof vests, a pair of handcuffs, a can of Red Bull, and a portable radio. Steinmark reported the incident. In 2005 or 2006, he received a call from Assistant District Attorney Higgins from Nassau County, Long Island. She informed him that defendant’s DNA matched the evidence recovered from the government vehicle. She also told Steinmark that defendant had been arrested and was serving time in California for “a home invasion and a felony rape.” After Steinmark testified in front of the grand jury in New York, defendant was indicted for the auto burglary. 2. Uncharged Conduct Steinmark received a letter which was dated October 5, 2007. The letter was addressed to “Mrs.…