Preview
FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
In re Application for a Judgment Pursuant to
Article 78 of the Civil Practice Law and Rules by
RAYMOND J. ZUPPA,
Petitioner,
Index No.
-against-
NASSAU COUNTY POLICE DEPARTMENT,
PATRICK J. RYDER, in his official capacity as
Commissioner of the Nassau County Police VERIFIED PETITION
Department,
COUNTY OF NASSAU,
Respondents.
The legislature hereby finds that a free society is maintained when government is responsive and
responsible to the public, and when the public is aware of governmental actions. The more open
a government is with its citizenry, the greater the understanding and participation of the public
in government. As state and local government services increase and public problems become
more sophisticated and complex and therefore harder to solve, and with the resultant increase in
revenues and expenditures, it is incumbent upon the state and its localities to extend public
accountability wherever and whenever feasible. The people’s right to know the process of
governmental decision-making and to review the documents and statistics leading to
determinations is basic to our society. Access to such information should not be thwarted by
shrouding it with the cloak of secrecy or confidentiality. The legislature therefore declares that
government is the public’s business and that the public, individually and collectively and
represented by a free press, should have access to the records of government in accordance with
the provisions of this article.
Public Officers Law, Article 6: §84. Legislative Declaration
PRELIMINARY STATEMENT
1. This Article 78 Proceeding asserts the right of Petitioner, Raymond J. Zuppa to
access public records relating to the Nassau County Police Department’s (“NCPD”) investigation
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of a person who allegedly went missing on or about March 16-18, 2013, (depending on who is reporting)
in the vicinity of West Gilgo Beach/Tobay Beach just inside Nassau County’s border with Suffolk County.
2. The missing person Natasha Jugo was a resident of Bayside, New York. Ms. Jugo
washed ashore just East of Gilgo Beach proper on the night of June 24, 2013, which is over three months
after she is alleged – mostly by inference – to have intentionally walked into the frigid ocean surf. She is
alleged to have entered the water just West of the border between Nassau County and Suffolk County.
Despite ostensibly being submerged in the ocean water for over three months the Suffolk County Police
Department notified her family who no longer reside within New York State that Ms. Jugo had washed
ashore deceased.
3. The account is phantastic in extremis and only deteriorates further as more facts are
disclosed.
4. Given the geographical location, as well as current and historical events, there is a
compelling public interest in information that illuminates and elucidates the competency of Long Island
police investigations of missing or inexplicably deceased citizens.1 However, no compelling, nor any
interest at all, on the part of the public need be shown in order to receive the requested information. See,
e.g., Matter of Buffalo News v Buffalo Enter. Dev. Corp. 84 NY2d 488, 491-492 (1994):
All records of a public agency are presumptively open to public inspection, without regard to
need or purpose of the applicant. (internal citations omitted)
See also Lockwood v. Nassau Cnty. Police Dep't, 78 Misc. 3d 1219 (Sup. Ct. County of Nassau 2023)
The Suffolk County Police Department is one of the largest metropolitan Police Departments in the United States. It
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has no Missing Persons unit/bureau. Meanwhile San Diego, which has the same population as Suffolk, has a unit
dedicated to finding the missing. Without a Missing Persons unit, it is hard for the public to monitor how such
occurrences are handled by authorities.
Meanwhile the N.C.P.D. has a Missing Persons Bureau. But they refuse to release missing persons reports to the
public including well respected newspapers. They routinely justify the refusal by citing to privacy. This policy
overlooks the fact that families want the reports out there to generate public awareness as to their missing loved ones.
Further the NCPD does not report cases of missing persons to the State of New York, as required.
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5. New York State’s Freedom of Information Law (“FOIL”) expresses the State’s
strong commitment to open government and public accountability. The law imposes a broad
standard of disclosure upon the State and its agencies. N.Y. Pub. Off. Law § 84. FOIL presumes
that the public has a vested right to know certain information, and that secrecy is antithetical to our
government. Id. Thus, under FOIL, all government records are presumptively open for public
inspection and copying. Id.
An agency must "make available for public inspection and copying all records" unless it
can claim a specific exemption to disclosure (see Public Officers Law § 87; § 89 [3]).
However, the exemptions are to be narrowly interpreted so that the public is granted
maximum access to the records of government.
Data Tree v. Romaine, 9 N.Y.3d 454, 463 (2007) (Emphasis added)
PROCEDURAL HISTORY: AN EXERCISE IN FUTILITY
6. The Petitioner submitted a FOIL Request to the NCPD on December 28, 2023 for
an itemized list of records of the investigation of Ms. Jugo’s disappearance and death including
“detective reports; notes; 911 transcripts/printouts; ambulance call reports; memo book entries,
photographs” which were summarized as “the complete investigation file.” (Exhibit 1)
7. On January 2, 2024, the NCPD sent a Determination via electronic mail denying
the Petitioner’s request “pursuant to NYS Public Officers Law §87(2)(b). Producing the records
requested would constitute ‘an unwarranted invasion of personal privacy.’” The NCPD provided
no further explanation other than to state “[i]n order to process your request, pursuant to NYS
Public Officers Law § 87(2)(b), we will require a notarized authorization from a person involved
in the incident, authorizing the Nassau County Police Department to release the documents to
you.” (Exhibit 2)
8. Not only is the above explanation impossible since as will be demonstrated infra
there was no “incident,” the above explanation is also noteworthy as it has absolutely no basis in
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law. Further Natasha Jugo has been deceased for eleven years and is therefore not in a position to
notarize anything.
9. In a separate Determination also sent via electronic mail on January 2, 2024, the
NCPD stated that the “request for 911 records … is denied, pursuant to County Law §308(4).”
(Exhibit 3) Although administratively appealed the request for 911 records is not a subject of this
action since as explained infra the information contained in the 911 call is known and would be
included in any report.
10. On January 15, 2024, Petitioner in two separate appeals timely administratively
appealed each of the Determinations. (Exhibit 4 “personal privacy appeal” and Exhibit 5 “911
appeal”)
11. Although both appeals were received by the Nassau County Police Department
Office of the Commissioner on January 19, 2024, the Office of the Commissioner never responded.
In fact, the Office of the Commissioner never bothered to sign or at least stamp the “Certified Mail
Return” corresponding to each of the appeals. (See Exhibit 6 which for both appeals contains the
respective front and back of the “Certified Mail Returns;” the “Certified Mail Receipts;” the
payment receipt containing the respective tracking numbers; the “UPS Tracking” for both appeals
showing receipt by the Office of the Commissioner of the Appeals on January 19, 2024)
12. In a show of good faith on February 20, 2024, after giving the Office of the
Commissioner an inordinate amount of time to respond to the first appeal, the Petitioner once again
sent two appeals (“Second Appeals”) – one for each of the Determinations. (Exhibit 7 “personal
privacy appeal” and Exhibit 8 “911 appeal”)
13. Although the two Second Appeals were received by the Nassau County Police
Department Office of the Commissioner on February 23, 2024, the Office of the Commissioner
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never responded. In fact, the Office of the Commissioner never bothered to sign or at least stamp
the “Certified Mail Return” corresponding to each of the Second Appeals. (See Exhibit 9 which
contains for both Second Appeals the respective front and back of the “Certified Mail Returns;”
the “Certified Mail Receipts;” the payment receipt containing the respective tracking numbers; the
“UPS Tracking” for both appeals showing receipt by the Office of the Commissioner of both
Second Appeals on February 23, 2024)
14. On April 3, 2024 in a tremendous display of good faith the Petitioner sent a
detailed letter with exhibits explaining the above to the Office of the Nassau County Attorney.
The Petitioner sought to avoid this litigation and so stated in the Petitioner’s letter. (Exhibit 10)
15. Although said letter was received by the Office of the Nassau County Attorney on
April 5, 2024, the Office of the Nassau County Attorney never responded. However, the Office
of the Nassau County Attorney did stamp the Certified Mail Return Receipt for which the
Petitioner is grateful. (See Exhibit 11 which contains the respective front and back of the
“Certified Mail Return;” the “Certified Mail Receipt;” the payment receipt containing the
respective tracking numbers; the “UPS Tracking” showing receipt by the Office of the Nassau
County Attorney of the letter on April 5, 2024)
16. The Petitioner feels that he is the recipient of at least some modest ration of
entrenched disrespect which the Petitioner does not take personally.
17. The Respondents had no basis in law for its privacy based denial. Further the
Respondents acted with coarse capriciousness in refusing to repeatedly address the Petitioner’s
multiple appeals and correspondence.
PARTIES
18. Petitioner Zuppa is a Citizen of the State of New York, County of Suffolk, and a
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taxpayer. He is a former prosecutor in both Kings and Suffolk Counties – and a former PAL
football coach – although this information is superfluous. “Citizen” and “taxpayer” are what is
relevant herein.
19. Respondent NCPD is an agency administered by the County of Nassau that is
responsible for law enforcement in Nasau County. The NCPD is subject to FOIL requirements.
See N.Y. Pub. Off. Law § 84, et seq.
20. Commissioner Patrick J. Ryder (“Ryder”) is a public officer who is named in his
official capacity as Commissioner of the NCPD.
21. The County of Nassau (“Nassau”) is a suburban county located immediately to
the east of New York City. Nassau became a county in the state of New York in 1899 after
separating from Queens County.
FACTS PERTAINING TO THE MYSTERIOUS DISAPPEARANCE AND RECOVERY
OF NATASHA JUGO
22. There were multiple articles published in numerous newspapers and other media
– all of which are nearly identical – that reported on the disappearance and death of Natasha Jugo.
All of the aforementioned transpired between March 16, 2013 and June 24, 2013 – over eleven
years ago. Established journalists have informed Petitioner that the articles were in all likelihood
based upon press release(s) issued by the NCPD and possibly the SCPD.
23. Amongst numerous press stories are the following which all basically say the same
thing: (https://www.newsday.com/long-island/search-continues-for-woman-who-went-missing-
from-gilgo-beach p53862);(https://www.newsday.com/long-island/suffolk/natasha-jugo-id-d-by-
cops-as-woman-missing-near-gilgo-beach-l41855);(https://www.newsday.com/long-
island/suffolk/gilgo-beach-body-is-that-of-missing-queens-woman-
l10605);(https://nypost.com/2013/06/25/authorities-work-to-id-womans-body-washed-up-on-
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beach/); (https://www.cbsnews.com/newyork/news/police-search-for-missing-woman-in-gilgo-
beach/); (https://www.longisland.com/news/06-27-13/update-body-found-on-gilgo-beach-is-that-
of-missing-woman-natasha-jugo.html) – etcetera. Of course, there is lurid speculation on social
media and such cherished Internet venues as “reddit” etc.
24. The above press articles are not being submitted for the truth of the matter
asserted. Indeed, what is asserted in these articles is not what happened as will be graphically
demonstrated. Rather the articles are being submitted to demonstrate that the public has been
misled. By whom or why the Petitioner does not know. The Petitioner merely seeks the truth.
25. In any event based upon the probable press release and the attendant articles the
following was reported as transpiring:
26. On Saturday March 16, 2013, Natasha Jugo was seen by a neighbor leaving her
Bayside (not Queens Village as erroneously reported in a number of articles) home where she
resided with her family. She was seen getting into her car at about 4:30 PM by a neighbor. She
was variously described as wearing pajamas, a bathrobe, a hoodie, and boots.
27. The Petitioner familiarized himself with the area.
28. The next day – Sunday – at around 11:00 a.m. it is reported that a female resident
of West Gilgo Beach that lived on Ocean Walk overlooking Tobay Beach discovered Jugo's wallet
and identification reportedly on the South Side of Ocean Parkway.
29. The Petitioner familiarized himself with that area too.
30. It was reported that the Suffolk County Police Department (“SCPD”) was called
but because the items were found just inside Nassau County the SCPD called the NCPD to
investigate. They in turn called the NYPD because Jugo lived in the City.
31. The accounts state that the NCPD found Ms. Jugo's 2009 Prius parked on the
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shoulder of Ocean Parkway. Furthermore, footprints in the sand led from the Prius to the surf. In
addition, articles of Jugo's clothing including the alleged robe were reportedly found at the end of
her footprints at the water's/surf’s edge.
32. Petitioner has been to the Jugo house and driven multiple routes from there to
West Gilgo. It is not a short trip – approximately 30 miles. There are many turns just getting out
of Bayside to the Cross Island Parkway.
33. Travelling to the vicinity of West Gilgo Beach from Jugo’s home required a large
amount of deliberation and intention. She did not just end up there accidentally.
34. Further young women from Queens and indeed all parts of New York City have
little idea that Gilgo Beach even exists.
35. If Ms. Jugo wanted to drown herself there was a convenient Bay five minutes from
her home with a nice large pedestrian walkway and paved bicycle path.
36. Sunset on March 16, 2013, occurred at 7:02 PM. The water temperature was
somewhere around 36 to 41 degrees Fahrenheit. See, e.g. (https://www.surf-
forecast.com/breaks/Gilgo/seatemp#:~:text=Gilgo%20sea%20temperatures%20peak%20in,in%2
0early%20to%20mid%20August);(https://seatemperature.info/gilgo-beach-water-
temperature.html) The air temperature was in the mid-30s.
(https://www.wunderground.com/history/monthly/us/ny/west-gilgo-beach/KJFK/date/2013-3)
37. Walking into the Gilgo Surf up to her head and then inhaling the ocean water
would have been an excruciatingly painful way for Ms. Jugo to commit suicide. And quite
improbable.
38. Such suicidal mechanisms are simply unheard of in science.
39. The narrative is also improbable for the following reasons. No footprints from
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Ms. Jugo’s car to the water’s edge of the beach – the surf – could possibly be found. In addition,
no articles of clothing could possibly be found at the water’s edge.
40. The above is due to the fact that there is a thick area of bramble that walls off
Ocean Parkway from the beach in the area where Ms. Jugo’s vehicle was reportedly found – near
West Gilgo Beach/Tobay Beach just inside Nassau County. As such footprints could not have
been visible from where the vehicle was allegedly parked leading to the beach. One must have
familiarity with the area to fully comprehend this. Not only is it unlikely that someone would walk
through this bramble, if someone did walk through the bramble that person’s footprints would be
impeded and obscured by the thick vegetation.
41. Moreover if Ms. Jugo left her home in Bayside on a Saturday afternoon at 4:30
p.m. during the Winter she would have arrived at West Gilgo no later than 5:15 to 5:30 p.m. That
means she would have entered the water at approximately 5:30 p.m. while discarding her clothes
at the water’s edge.
42. I consulted with Erik Cappuccio of SUNY Maritime College (B.E.) (USCG
Engine License) who after research informed me of the following: There was a low tide on March
16, 2013 for Gilgo Beach at 5:08 p.m. That was followed by a high tide at 11:37 p.m. The next
low tide at Gilgo occurred at 5:52 a.m. on Sunday March 17, 2013. That was followed by another
high tide at 12:11 p.m. of March 17, 2013.
43. The high tide at 12:11 p.m. on March 17, 2013 would have approximately
coincided near the time that the Nassau County Police Department officers purportedly located
Ms. Jugo’s footprints and the articles of clothing.
44. The problem with the accounts of footprints and articles of clothing at the surf’s
edge is that Ms. Jugo would have entered the water at low tide. By the time the police saw the
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footprints and articles of clothing there would have been a high tide, another low tide and most, if
not all, of yet another high tide. The footprints would have been washed away. And the clothing
allegedly discarded at the water’s edge when Ms. Jugo entered the water would have been out in
the Atlantic. I did simulations to prove the point. And the Court will see the Petitioner was correct.
45. Most dramatically according to the press articles Jugo's body washed ashore at
8:30 to 9:30 PM on June 24, 2013. That is over three months by a week. She washed ashore about
one to two miles away from where her footprints purportedly led to the surf. She is reportedly
seen by beach goers in the surf. According to the accounts she was quickly identified as
Natasha Jugo. "Jugo's body was still closed and showed no obvious signs of trauma" states one of
the articles. (https://www.longisland.com/news/06-27-13/update-body-found-on-gilgo-beach-is-
that-of-missing-woman-natasha-jugo.html)
46. Reports indicate that the decedent’s family was contacted that same night of June
24, 2013, and informed by the SCPD that the decedent’s body had been recovered. Ms. Jugo’s
sister is quoted as stating that the SCPD called that very night wherein they informed Ms. Jugo’s
family that they had recovered Ms. Jugo. (https://nypost.com/2013/06/25/authorities-work-to-id-
womans-body-washed-up-on-beach/)
47. As such the decedent had to be readily identifiable over three months after entering
the water.
48. It is nearly scientifically impossible for the above to occur. In review, the decedent
is presumed to have entered the water in the vicinity of West Gilgo Beach/Tobay Beach in Nassau
County on March 16, 2013. Her body was purportedly recovered at Gilgo Beach in Suffolk County
over three months later at approximately 8:30 to 9:30 p.m. on June 24, 2013.
49. Petitioner has consulted with experts. When someone drowns, they sink to the
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bottom face down. All the way to the bottom. The body only rises when natural bacteria in the
gut feeds on the person's dead cells anaerobically. That causes a methane build up noted by severe
bloating. Some bodies not immersed in water actually explode. However, when the water
temperature is below seven (7) degrees Celsius that bacterial reaction does not occur or only occurs
to a much smaller degree. There is a strong tendency for the body to stay at the bottom.
50. The water temperature was somewhere between 2 to 4 degrees Celsius (36 to 41
degrees Fahrenheit) when the decedent purportedly entered the water. Natasha Jugo would not
rise to the surface and float to the beach over three months later.
51. In addition, the interactions between currents, waves, and the seabed creates a
large amount of visible trauma to a human body when the body is on the seabed for a prolonged
period. Decapitations and amputations are common.
52. Furthermore, sea creatures such as fish and crabs feed on human bodies turning
said bodies into skeletons.
53. What is more, the reaction of a body to prolonged saltwater exposure is
dramatic. It literally causes layers of skin to peel off rendering the body further unrecognizable.
54. Finally icy water at the temperatures encountered herein encourages the formation
of adipocere, a substance with a soapy, wax like consistency. This impedes decay but it turns a
body into an unrecognizable mass of protoplasm that resembles melted candle wax after just weeks
– not months – of exposure to chilly water.
55. None of this is consistent with 1) Natasha washing back onshore after three
months; 2) the ability to recognize her as Natasha Jugo to the degree that the SCPD would be
confident enough to call her family and inform them that this missing young woman is dead.
(There would be nothing remotely recognizable)
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56. As discussed, the manner of Ms. Jugo’s alleged suicide is quite phantastic.
Furthermore, the area of the occurrence is infamous.
57. There is an immense public interest in the workings of our Police Departments on
Long Island especially regarding events at Gilgo and related locales to this very day.
https://www.longislandpress.com/2024/04/26/manorville-search-0424/
58. Also it is no longer just a rumor. Multiple times disgraced former Suffolk County
Police Chief James Burke removed the Federal Bureau of Investigation; the New York State Police
Department; and the Jersey City Police Department from the Gilgo Beach murder investigation.
As part of the Brady material in the Department of Justice’s case against the abomination that is
the former Suffolk County District Attorney Thomas Spota – the prosecution released statements
from Burke admitting the above. (See e.g., Case 2:17-cr-00587-JMA Document 254 Filed
03/05/21 Page 35 of 54 PageID #: 3113 – EDNY) The Petitioner has the Brady material in his
possession. 2
THE SUFFOLK COUNTY POLICE DEPARTMENT (“SCPD”) RECORDS
PROVIDED THUS FAR PRESENT YET MORE ANAMOLIES
59. The Petitioner received a somewhat robust FOIL Response from the SCPD. 3
60. At Page 6 of the SCPD’s “Response to FOIL Request Packet” is the “SCENE
LOG” which demonstrates that beginning at 2140 hours (9:40 p.m.) of June 24, 2013, members of
law enforcement began arriving at the scene where Natasha Jugo’s body was found. Their arrival
was logged one by one. The location is noted as “OCEAN FRONT@GILGO BEACH.” The
“Incident” is labelled “Death Investigation.” (Exhibit 12)
2
Petitioner is not advocating any of the Burke “Bogey Man” theories and dislikes such ominous gossip, but merely
points out that they are ingrained in Long Island culture thanks to such things as social media and the Internet in
general. It argues for transparency to prevent idle musings.
3
The Petitioner will receive more records from the SCPD at the conclusion of that Article 78 which will be filed
shortly.
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61. All told some 17 members of the S.C.P.D. and other entities arrived and logged in
present. This included two (2) police officers and one (1) Sargeant from the Marine Unit; three
(3) police officers and one (1) Sargeant from the Crime Scene Unit; three (3) Homicide
Detectives; two (2) members of the S.C.P.D. “E.S.” (Emergency Services) Unit; three (3)
members of the Suffolk County Medical Examiner; and two (2) Babylon Town Constables.
62. That is a tremendous amount of law enforcement for a young woman that
allegedly drown.
63. At Page 4 of the “Response to FOIL Request Packet” there is a two page document
entitled “Death Report” that is authored by one of the Homicide Detectives on the scene – a
Detective Thomas Walsh who arrived on the scene at 23:15 (11:15 p.m.) It is also signed by
Detective Walsh’s Supervising Officer Detective Sargeant John Best who logged in at 23:01 hours
or (11:01 p.m.) The other Homicide Detective present on the scene is Detective Ronald Tavares
– a detective of note in a case involving off duty NCPD officers (infra) – who also logged in at
23:01 hours (11:01 p.m.)
64. The second page of the Death Report notes that Detective Walsh interviewed three
friends – CHRISTOPHER DIPALO, MICHAEL AUSTIN and KRISTINE DUNN. The three
friends related that at about 8:30 p.m. they arrived at Gilgo Beach. They walked down to the beach
and saw what appeared to be a human body floating in the water “several yards off shore.” They
followed the body as it floated east bound until it washed up on shore. They “blocked the body
with a piece of wood to prevent it from washing back into the water. They then called 911 from
MIKE AUSTIN’S cell phone.”
65. On the first page of the Death Report Detective Walsh notes the following:
“The decedent was found lying on the sand wearing only a reddish colored bra.”
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66. Here is the first garish incongruity. At page 7 of the “Response to FOIL Request
Packet” there is the “Statement of Christopher DiPalo.” DiPalo was a young man 23 years of age.
It was DiPalo and the above mentioned two friends that reported Ms. Jugo’s body. He tells a
macabre and frightening tale in a fairly detailed statement. He notes that he arrived at Gilgo Beach
with his two friends at about 8:30 p.m. They walked “down to the water and sat on the Life Guard
Stand.” Mr. DiPalo –
NOTICED SOMETHING FLOATING ABOUT 100’ TO 150’ [100 to 150 feet]
OFF SHORE. [that is approximately 33 to 50 yards] AS I GOT CLOSE IT STARTED
TO LOOK LIKE A BODY. WE FOLLOWED IT AS IT FLOATED EAST IN THE
WATER FOR ABOUT A MILE AND A HALF. AS IT GOT CLOSER TO SHORE I
REALIZED THAT IT WAS A BODY. WHEN IT HIT THE SHORELINE, MIKE
[AUSTIN] BLOCKED IT FROM GOING BACK INTO THE WATER WITH A PIECE
OF WOOD. AT THAT POINT WE KNEW IT WAS A FEMALE’S BODY.
67. We then have an agitating inconsistency. DiPalo asserts in his sworn statement:
THE SHIRT WAS UP AROUND HER FACE [of the female body that was Ms.
Jugo]. SHE WAS WEARING A BRA AND JEANS.
68. Meanwhile as demonstrated Homicide Detective Thomas Walsh stated:
“The decedent was found lying on the sand wearing only a reddish colored bra.”
69. DiPalo who witnessed the decedent’s body wash ashore, helped block the body
from floating back out, and along with his friends reported the incident stated that the decedent
(Ms. Jugo) was wearing a shirt, bra, and jeans – jeans are pants.
70. DiPalo’s signed statement is sworn. “I HAVE READ THE ABOVE ONE PAGE
STATEMENT AND I SWEAR IT IS ALL TRUE.” DiPalo also took pains to make sure his
statement was accurate as noted by several corrections to the statement that DiPalo initialed (the
statement had to be drafted by Walsh)
71. The above is problematical.
72. As will be seen infra this discrepancy perhaps has its genesis in creating a
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narrative consistent with the narrative created by the NCPD.
73. At the first page of the Death Report Walsh notes that “PHYSICIAN ASSISTANT
RAQUEL MANUEL and MICHAEL EVERS responded to the location at 0005 hours on 6-25-
13.” According to Walsh:
P.A. MANUEL noted the following regarding the decedent: The decedent was in
an advanced state of decomposition. There was no obvious sign of trauma to the decedent’s
body.
74. The are several issues with the above. First PA Manuel arrived three and a half
hours after the body washed ashore. When a body has been in relatively cool water – as opposed
to the air temperature – for an extended period of time it goes through a decomposition crash
rapidly deteriorating the instant it leaves the water. PA Manuel did not see the decedent’s body
until three and a half hours after it left the water.
75. Further in an “advanced state of decomposition” – using the scientific terminology
(clinical term of art) – it is impossible to note whether or not there was any “obvious sign of
trauma.” The whole body is in the trauma of “advanced state of decomposition.” That is the
trauma.
76. Finally, the very night – perhaps before PA Manuel’s arrival – Natasha Jugo’s
family is called. They are told that the S.C.P.D. has recovered what they believe to be Natasha’s
Jugo’s body. (https://nypost.com/2013/06/25/authorities-work-to-id-womans-body-washed-up-
on-beach/) (New York Post Published June 25, 2013, 8:26 p.m. ET; the article stated –
Jugo’s distraught family in Middle Village said they had been contacted by cops.
“Last night we received a phone call from the police telling us that they found some human
remains out on Gilgo Beach. Our family is taking this very hard,” said Delores Jugo, 49,
the missing woman’s sister.
77. If the body had been in the Atlantic Ocean for over three months and then came
ashore in an “advanced state of decomposition” how could the body be identified as Natasha Jugo
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with enough confidence to make that overly sensitive call to her family.
78. In fact, at Page 2 of the Death Report Walsh notes that the autopsy performed
perhaps 8 hours – give or take – after PA Manuel’s statement “tentatively identified [the body] as
Natasha Jugo, DOB 11-14-81, a reported missing person from Bayside, Queens.” DOCTOR
HAJAR SIMS-CHILD performs the autopsy. The autopsy is said to declare: “There was no sign
of trauma or injury that would indicate anything other than a drowning.”
79. But how can one tell if there are signs of trauma such as lacerations, bruising,
strangulation, or wounds – even stab wounds – on a body that had been in the ocean for over three
months and allegedly in “advanced state of decomposition” – see above supra.
80. And how can one identify such a body as belonging to Natasha Jugo. The next
day the identification is confirmed visa-vi dental records – that is consistent with science.
81. There are multiple other inconsistencies or issues upon examination of some of
the documentation received on appeal from the Suffolk County Office of the Medical Examiner
but this Petition is already lengthy.
82. Which brings us to Detective Walsh’s summary of the activities of the Nassau
County Police Department regarding this case way back in mid-March of 2013. Detective Walsh’s
description – 2nd Page of Death Report – of what transpired in March as per the Nassau County
Police Department differs radically from the news accounts which were in all probability based on
a Press Release:
On 3-18-13, Nassau County police officers responded to the Gilgo Beach area in
response to a 911 call of a woman wearing a red bra walking into the ocean. The woman
left her car at the scene and disrobed as she was walking to the water. The responding
officers found a vehicle registered to NATASHA JUGO at the scene. There was no suicide
note in the car. A search was commenced with negative results. Nassau County Seventh
Squad DETECTIVE HILLMAN was assigned to the investigation.
83. No mention is made of Ms. Jugo leaving her house dressed in a robe on Saturday
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March 16, 2013 with the Nassau County Police arriving on the scene on Sunday March 17, 2013.
Instead, the incident is reported on “3-18-13” which is a Monday. There is no “identification”
belonging to Ms. Jugo found in the vicinity of the beach. Instead, police respond to a 911 call on
Monday March 18, 2013, reporting an incident bizarre in extremis. No footprints are noted in the
sand leading to the water. No articles of clothing are found as was reported rather: “A search was
commenced with negative results.”
84. But this recounting by Detective Walsh of the NCPD does have Ms. Jugo stripped
to only a red bra. Again, that is not how she was found. She was found with a shirt, bra, and jeans
– once again jeans are pants and a shirt is a shirt.
85. Further adding to the mystery are March 17, 2013, posts on the online True Crime
Genre Websleuths 4 which cites to an inactive Newsday Link reporting that Natasha Jugo went
missing. That would mean that the people were actually discussing it in an online forum the day
before the Nassau County Police report it happened. See –
Mar 17, 2013
MoonUnderfoot said: "Authorities were searching Sunday for a missing person at
GilgoBeach. Suffolk County police said they received a call at 11:20 a.m. reporting that
the person was from New York City and had been seen on Ocean Walk, a residential street
in Gilgo Beach. A Nassau police spokeswoman said the missing person had not been found
as of 4 p.m. Sunday." http://www.newsday.com/long-island/...ing-person-at-gilgo-beach-
1.4829859?qr=1&qr=1
86. Finally, we come to the partially redacted crime scene photos. The SCPD gave
Petitioner twelve (12) photos – four (4) of which were crime scene photos that had a black
rectangular redaction of the decedent’s body. The photos are not close ups but rather depict what
appears to be the whole scene. What is noteworthy is that there is a long rope emanating from the
Made famous in the Arts & Entertainment Docuseries The Killing Season produced by Josh Zeman which
4
addresses Gilgo Beach in plentitude. Petitioner feels certain that Websleuths will solve absolutely nothing.
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edge of the blackened area that is the decedent’s body and extending away from the body and
water inland. The rope appears to be long – longer than ten (10) feet – but one cannot tell from
the photos. And the photos do not appear to capture the full length of the rope.
87. If one uses their computer to enlarge the areas of the photograph wherein the rope
enters the blacked out rectangle that is over the decedent’s body one can see the telltale knotting
indicative of some sort of loop around either the decedent’s legs, waist, or neck. This depends on
whether the decedent’s head is toward the water line or toward the ocean parkway. (Petitioner will
provide the photographs at the Court’s request via electronic mail)
88. There is no explanation. And I will not engage in baleful speculation.
A HISTORY OF UNSOLVED DEATH AND CONCEALMENT
A. A HISTORY OF DEATH
1. Early Murders
89. Long Island including Nassau County has been plagued by murder or ignored
murder for multiple decades. Herein is an exceedingly small sample culled from just Nassau
County. Much of this information is only contained in newspaper articles from the day which
are attached at Exhibit 13.
90. On August 4, 1982, a young teenage girl is found in a dumpster in Freeport. She
is described as “black … between 14 and 18 years old.” Pine needles found on her body led
police to believe she had been in a wooded area before being placed in the dumpster. Her case
is referred to as “Nassau County Jane Doe (1982)” or “Freeport Jane Doe.” The case is unsolved.
The NCPD intimated that there were no signs of foul play.
91, On February 16, 1984 Christine Clarkson is found in West Hempstead
bludgeoned to death after leaving a local bar. The case is unsolved.
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2. The Multiple Lynbrook Tragedies
92. This section has its own set of newspaper articles from the time period at Exhibit
14 which once again is one of the few sources of information about these tragic events.
93. On June 12, 1984, 15 year old Kelly Morrissey disappears from Lynbrook. She
was going to a video store – never to be seen again. In a related case on November 10, 1984,
Theresa Fusco disappears in Lynbrook, NY near where Kelly Morrissey is last seen. Theresa is
last seen leaving her job at the local roller rink right near where Kelly Morrissey is last seen. Kelly
and Theresa are close friends that spent a lot of time together. Theresa is reportedly crying over
the still missing Kelly when she leaves the roller rink. The NCPD publicly stated that they do not
have any evidence of foul play or that the two disappearances are somehow linked.
94. On March 26, 1985, Jacqueline Martarella goes missing from nearby Oceanside.
Oceanside is right next to Lynbrook. Jacqueline is walking to work at a nearby Burger King. “She
was just starting to come out of her teenage shell” her brother stated. She just bought a stereo.
She planned to attend secretarial school. She was saving to buy a Camaro. The NCPD speculates
that she is a runaway.
95. Meanwhile, on December 5, 1984, a month after she went missing, the body of
16-year-old Theresa Fusco was discovered, naked, in a wooded area of Lynbrook. She is half
buried with leav
Preview
FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU In re Application for a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules by RAYMOND J. ZUPPA, Petitioner, Index No. -against- NASSAU COUNTY POLICE DEPARTMENT, PATRICK J. RYDER, in his official capacity as Commissioner of the Nassau County Police VERIFIED PETITION Department, COUNTY OF NASSAU, Respondents. The legislature hereby finds that a free society is maintained when government is responsive and responsible to the public, and when the public is aware of governmental actions. The more open a government is with its citizenry, the greater the understanding and participation of the public in government. As state and local government services increase and public problems become more sophisticated and complex and therefore harder to solve, and with the resultant increase in revenues and expenditures, it is incumbent upon the state and its localities to extend public accountability wherever and whenever feasible. The people’s right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality. The legislature therefore declares that government is the public’s business and that the public, individually and collectively and represented by a free press, should have access to the records of government in accordance with the provisions of this article. Public Officers Law, Article 6: §84. Legislative Declaration PRELIMINARY STATEMENT 1. This Article 78 Proceeding asserts the right of Petitioner, Raymond J. Zuppa to access public records relating to the Nassau County Police Department’s (“NCPD”) investigation 1 42 1 of FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 of a person who allegedly went missing on or about March 16-18, 2013, (depending on who is reporting) in the vicinity of West Gilgo Beach/Tobay Beach just inside Nassau County’s border with Suffolk County. 2. The missing person Natasha Jugo was a resident of Bayside, New York. Ms. Jugo washed ashore just East of Gilgo Beach proper on the night of June 24, 2013, which is over three months after she is alleged – mostly by inference – to have intentionally walked into the frigid ocean surf. She is alleged to have entered the water just West of the border between Nassau County and Suffolk County. Despite ostensibly being submerged in the ocean water for over three months the Suffolk County Police Department notified her family who no longer reside within New York State that Ms. Jugo had washed ashore deceased. 3. The account is phantastic in extremis and only deteriorates further as more facts are disclosed. 4. Given the geographical location, as well as current and historical events, there is a compelling public interest in information that illuminates and elucidates the competency of Long Island police investigations of missing or inexplicably deceased citizens.1 However, no compelling, nor any interest at all, on the part of the public need be shown in order to receive the requested information. See, e.g., Matter of Buffalo News v Buffalo Enter. Dev. Corp. 84 NY2d 488, 491-492 (1994): All records of a public agency are presumptively open to public inspection, without regard to need or purpose of the applicant. (internal citations omitted) See also Lockwood v. Nassau Cnty. Police Dep't, 78 Misc. 3d 1219 (Sup. Ct. County of Nassau 2023) The Suffolk County Police Department is one of the largest metropolitan Police Departments in the United States. It 1 has no Missing Persons unit/bureau. Meanwhile San Diego, which has the same population as Suffolk, has a unit dedicated to finding the missing. Without a Missing Persons unit, it is hard for the public to monitor how such occurrences are handled by authorities. Meanwhile the N.C.P.D. has a Missing Persons Bureau. But they refuse to release missing persons reports to the public including well respected newspapers. They routinely justify the refusal by citing to privacy. This policy overlooks the fact that families want the reports out there to generate public awareness as to their missing loved ones. Further the NCPD does not report cases of missing persons to the State of New York, as required. 2 42 2 of FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 5. New York State’s Freedom of Information Law (“FOIL”) expresses the State’s strong commitment to open government and public accountability. The law imposes a broad standard of disclosure upon the State and its agencies. N.Y. Pub. Off. Law § 84. FOIL presumes that the public has a vested right to know certain information, and that secrecy is antithetical to our government. Id. Thus, under FOIL, all government records are presumptively open for public inspection and copying. Id. An agency must "make available for public inspection and copying all records" unless it can claim a specific exemption to disclosure (see Public Officers Law § 87; § 89 [3]). However, the exemptions are to be narrowly interpreted so that the public is granted maximum access to the records of government. Data Tree v. Romaine, 9 N.Y.3d 454, 463 (2007) (Emphasis added) PROCEDURAL HISTORY: AN EXERCISE IN FUTILITY 6. The Petitioner submitted a FOIL Request to the NCPD on December 28, 2023 for an itemized list of records of the investigation of Ms. Jugo’s disappearance and death including “detective reports; notes; 911 transcripts/printouts; ambulance call reports; memo book entries, photographs” which were summarized as “the complete investigation file.” (Exhibit 1) 7. On January 2, 2024, the NCPD sent a Determination via electronic mail denying the Petitioner’s request “pursuant to NYS Public Officers Law §87(2)(b). Producing the records requested would constitute ‘an unwarranted invasion of personal privacy.’” The NCPD provided no further explanation other than to state “[i]n order to process your request, pursuant to NYS Public Officers Law § 87(2)(b), we will require a notarized authorization from a person involved in the incident, authorizing the Nassau County Police Department to release the documents to you.” (Exhibit 2) 8. Not only is the above explanation impossible since as will be demonstrated infra there was no “incident,” the above explanation is also noteworthy as it has absolutely no basis in 3 42 3 of FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 law. Further Natasha Jugo has been deceased for eleven years and is therefore not in a position to notarize anything. 9. In a separate Determination also sent via electronic mail on January 2, 2024, the NCPD stated that the “request for 911 records … is denied, pursuant to County Law §308(4).” (Exhibit 3) Although administratively appealed the request for 911 records is not a subject of this action since as explained infra the information contained in the 911 call is known and would be included in any report. 10. On January 15, 2024, Petitioner in two separate appeals timely administratively appealed each of the Determinations. (Exhibit 4 “personal privacy appeal” and Exhibit 5 “911 appeal”) 11. Although both appeals were received by the Nassau County Police Department Office of the Commissioner on January 19, 2024, the Office of the Commissioner never responded. In fact, the Office of the Commissioner never bothered to sign or at least stamp the “Certified Mail Return” corresponding to each of the appeals. (See Exhibit 6 which for both appeals contains the respective front and back of the “Certified Mail Returns;” the “Certified Mail Receipts;” the payment receipt containing the respective tracking numbers; the “UPS Tracking” for both appeals showing receipt by the Office of the Commissioner of the Appeals on January 19, 2024) 12. In a show of good faith on February 20, 2024, after giving the Office of the Commissioner an inordinate amount of time to respond to the first appeal, the Petitioner once again sent two appeals (“Second Appeals”) – one for each of the Determinations. (Exhibit 7 “personal privacy appeal” and Exhibit 8 “911 appeal”) 13. Although the two Second Appeals were received by the Nassau County Police Department Office of the Commissioner on February 23, 2024, the Office of the Commissioner 4 42 4 of FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 never responded. In fact, the Office of the Commissioner never bothered to sign or at least stamp the “Certified Mail Return” corresponding to each of the Second Appeals. (See Exhibit 9 which contains for both Second Appeals the respective front and back of the “Certified Mail Returns;” the “Certified Mail Receipts;” the payment receipt containing the respective tracking numbers; the “UPS Tracking” for both appeals showing receipt by the Office of the Commissioner of both Second Appeals on February 23, 2024) 14. On April 3, 2024 in a tremendous display of good faith the Petitioner sent a detailed letter with exhibits explaining the above to the Office of the Nassau County Attorney. The Petitioner sought to avoid this litigation and so stated in the Petitioner’s letter. (Exhibit 10) 15. Although said letter was received by the Office of the Nassau County Attorney on April 5, 2024, the Office of the Nassau County Attorney never responded. However, the Office of the Nassau County Attorney did stamp the Certified Mail Return Receipt for which the Petitioner is grateful. (See Exhibit 11 which contains the respective front and back of the “Certified Mail Return;” the “Certified Mail Receipt;” the payment receipt containing the respective tracking numbers; the “UPS Tracking” showing receipt by the Office of the Nassau County Attorney of the letter on April 5, 2024) 16. The Petitioner feels that he is the recipient of at least some modest ration of entrenched disrespect which the Petitioner does not take personally. 17. The Respondents had no basis in law for its privacy based denial. Further the Respondents acted with coarse capriciousness in refusing to repeatedly address the Petitioner’s multiple appeals and correspondence. PARTIES 18. Petitioner Zuppa is a Citizen of the State of New York, County of Suffolk, and a 5 42 5 of FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 taxpayer. He is a former prosecutor in both Kings and Suffolk Counties – and a former PAL football coach – although this information is superfluous. “Citizen” and “taxpayer” are what is relevant herein. 19. Respondent NCPD is an agency administered by the County of Nassau that is responsible for law enforcement in Nasau County. The NCPD is subject to FOIL requirements. See N.Y. Pub. Off. Law § 84, et seq. 20. Commissioner Patrick J. Ryder (“Ryder”) is a public officer who is named in his official capacity as Commissioner of the NCPD. 21. The County of Nassau (“Nassau”) is a suburban county located immediately to the east of New York City. Nassau became a county in the state of New York in 1899 after separating from Queens County. FACTS PERTAINING TO THE MYSTERIOUS DISAPPEARANCE AND RECOVERY OF NATASHA JUGO 22. There were multiple articles published in numerous newspapers and other media – all of which are nearly identical – that reported on the disappearance and death of Natasha Jugo. All of the aforementioned transpired between March 16, 2013 and June 24, 2013 – over eleven years ago. Established journalists have informed Petitioner that the articles were in all likelihood based upon press release(s) issued by the NCPD and possibly the SCPD. 23. Amongst numerous press stories are the following which all basically say the same thing: (https://www.newsday.com/long-island/search-continues-for-woman-who-went-missing- from-gilgo-beach p53862);(https://www.newsday.com/long-island/suffolk/natasha-jugo-id-d-by- cops-as-woman-missing-near-gilgo-beach-l41855);(https://www.newsday.com/long- island/suffolk/gilgo-beach-body-is-that-of-missing-queens-woman- l10605);(https://nypost.com/2013/06/25/authorities-work-to-id-womans-body-washed-up-on- 6 42 6 of FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 beach/); (https://www.cbsnews.com/newyork/news/police-search-for-missing-woman-in-gilgo- beach/); (https://www.longisland.com/news/06-27-13/update-body-found-on-gilgo-beach-is-that- of-missing-woman-natasha-jugo.html) – etcetera. Of course, there is lurid speculation on social media and such cherished Internet venues as “reddit” etc. 24. The above press articles are not being submitted for the truth of the matter asserted. Indeed, what is asserted in these articles is not what happened as will be graphically demonstrated. Rather the articles are being submitted to demonstrate that the public has been misled. By whom or why the Petitioner does not know. The Petitioner merely seeks the truth. 25. In any event based upon the probable press release and the attendant articles the following was reported as transpiring: 26. On Saturday March 16, 2013, Natasha Jugo was seen by a neighbor leaving her Bayside (not Queens Village as erroneously reported in a number of articles) home where she resided with her family. She was seen getting into her car at about 4:30 PM by a neighbor. She was variously described as wearing pajamas, a bathrobe, a hoodie, and boots. 27. The Petitioner familiarized himself with the area. 28. The next day – Sunday – at around 11:00 a.m. it is reported that a female resident of West Gilgo Beach that lived on Ocean Walk overlooking Tobay Beach discovered Jugo's wallet and identification reportedly on the South Side of Ocean Parkway. 29. The Petitioner familiarized himself with that area too. 30. It was reported that the Suffolk County Police Department (“SCPD”) was called but because the items were found just inside Nassau County the SCPD called the NCPD to investigate. They in turn called the NYPD because Jugo lived in the City. 31. The accounts state that the NCPD found Ms. Jugo's 2009 Prius parked on the 7 42 7 of FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 shoulder of Ocean Parkway. Furthermore, footprints in the sand led from the Prius to the surf. In addition, articles of Jugo's clothing including the alleged robe were reportedly found at the end of her footprints at the water's/surf’s edge. 32. Petitioner has been to the Jugo house and driven multiple routes from there to West Gilgo. It is not a short trip – approximately 30 miles. There are many turns just getting out of Bayside to the Cross Island Parkway. 33. Travelling to the vicinity of West Gilgo Beach from Jugo’s home required a large amount of deliberation and intention. She did not just end up there accidentally. 34. Further young women from Queens and indeed all parts of New York City have little idea that Gilgo Beach even exists. 35. If Ms. Jugo wanted to drown herself there was a convenient Bay five minutes from her home with a nice large pedestrian walkway and paved bicycle path. 36. Sunset on March 16, 2013, occurred at 7:02 PM. The water temperature was somewhere around 36 to 41 degrees Fahrenheit. See, e.g. (https://www.surf- forecast.com/breaks/Gilgo/seatemp#:~:text=Gilgo%20sea%20temperatures%20peak%20in,in%2 0early%20to%20mid%20August);(https://seatemperature.info/gilgo-beach-water- temperature.html) The air temperature was in the mid-30s. (https://www.wunderground.com/history/monthly/us/ny/west-gilgo-beach/KJFK/date/2013-3) 37. Walking into the Gilgo Surf up to her head and then inhaling the ocean water would have been an excruciatingly painful way for Ms. Jugo to commit suicide. And quite improbable. 38. Such suicidal mechanisms are simply unheard of in science. 39. The narrative is also improbable for the following reasons. No footprints from 8 42 8 of FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 Ms. Jugo’s car to the water’s edge of the beach – the surf – could possibly be found. In addition, no articles of clothing could possibly be found at the water’s edge. 40. The above is due to the fact that there is a thick area of bramble that walls off Ocean Parkway from the beach in the area where Ms. Jugo’s vehicle was reportedly found – near West Gilgo Beach/Tobay Beach just inside Nassau County. As such footprints could not have been visible from where the vehicle was allegedly parked leading to the beach. One must have familiarity with the area to fully comprehend this. Not only is it unlikely that someone would walk through this bramble, if someone did walk through the bramble that person’s footprints would be impeded and obscured by the thick vegetation. 41. Moreover if Ms. Jugo left her home in Bayside on a Saturday afternoon at 4:30 p.m. during the Winter she would have arrived at West Gilgo no later than 5:15 to 5:30 p.m. That means she would have entered the water at approximately 5:30 p.m. while discarding her clothes at the water’s edge. 42. I consulted with Erik Cappuccio of SUNY Maritime College (B.E.) (USCG Engine License) who after research informed me of the following: There was a low tide on March 16, 2013 for Gilgo Beach at 5:08 p.m. That was followed by a high tide at 11:37 p.m. The next low tide at Gilgo occurred at 5:52 a.m. on Sunday March 17, 2013. That was followed by another high tide at 12:11 p.m. of March 17, 2013. 43. The high tide at 12:11 p.m. on March 17, 2013 would have approximately coincided near the time that the Nassau County Police Department officers purportedly located Ms. Jugo’s footprints and the articles of clothing. 44. The problem with the accounts of footprints and articles of clothing at the surf’s edge is that Ms. Jugo would have entered the water at low tide. By the time the police saw the 9 42 9 of FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 footprints and articles of clothing there would have been a high tide, another low tide and most, if not all, of yet another high tide. The footprints would have been washed away. And the clothing allegedly discarded at the water’s edge when Ms. Jugo entered the water would have been out in the Atlantic. I did simulations to prove the point. And the Court will see the Petitioner was correct. 45. Most dramatically according to the press articles Jugo's body washed ashore at 8:30 to 9:30 PM on June 24, 2013. That is over three months by a week. She washed ashore about one to two miles away from where her footprints purportedly led to the surf. She is reportedly seen by beach goers in the surf. According to the accounts she was quickly identified as Natasha Jugo. "Jugo's body was still closed and showed no obvious signs of trauma" states one of the articles. (https://www.longisland.com/news/06-27-13/update-body-found-on-gilgo-beach-is- that-of-missing-woman-natasha-jugo.html) 46. Reports indicate that the decedent’s family was contacted that same night of June 24, 2013, and informed by the SCPD that the decedent’s body had been recovered. Ms. Jugo’s sister is quoted as stating that the SCPD called that very night wherein they informed Ms. Jugo’s family that they had recovered Ms. Jugo. (https://nypost.com/2013/06/25/authorities-work-to-id- womans-body-washed-up-on-beach/) 47. As such the decedent had to be readily identifiable over three months after entering the water. 48. It is nearly scientifically impossible for the above to occur. In review, the decedent is presumed to have entered the water in the vicinity of West Gilgo Beach/Tobay Beach in Nassau County on March 16, 2013. Her body was purportedly recovered at Gilgo Beach in Suffolk County over three months later at approximately 8:30 to 9:30 p.m. on June 24, 2013. 49. Petitioner has consulted with experts. When someone drowns, they sink to the 10 42 10 of FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 bottom face down. All the way to the bottom. The body only rises when natural bacteria in the gut feeds on the person's dead cells anaerobically. That causes a methane build up noted by severe bloating. Some bodies not immersed in water actually explode. However, when the water temperature is below seven (7) degrees Celsius that bacterial reaction does not occur or only occurs to a much smaller degree. There is a strong tendency for the body to stay at the bottom. 50. The water temperature was somewhere between 2 to 4 degrees Celsius (36 to 41 degrees Fahrenheit) when the decedent purportedly entered the water. Natasha Jugo would not rise to the surface and float to the beach over three months later. 51. In addition, the interactions between currents, waves, and the seabed creates a large amount of visible trauma to a human body when the body is on the seabed for a prolonged period. Decapitations and amputations are common. 52. Furthermore, sea creatures such as fish and crabs feed on human bodies turning said bodies into skeletons. 53. What is more, the reaction of a body to prolonged saltwater exposure is dramatic. It literally causes layers of skin to peel off rendering the body further unrecognizable. 54. Finally icy water at the temperatures encountered herein encourages the formation of adipocere, a substance with a soapy, wax like consistency. This impedes decay but it turns a body into an unrecognizable mass of protoplasm that resembles melted candle wax after just weeks – not months – of exposure to chilly water. 55. None of this is consistent with 1) Natasha washing back onshore after three months; 2) the ability to recognize her as Natasha Jugo to the degree that the SCPD would be confident enough to call her family and inform them that this missing young woman is dead. (There would be nothing remotely recognizable) 11 42 11 of FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 56. As discussed, the manner of Ms. Jugo’s alleged suicide is quite phantastic. Furthermore, the area of the occurrence is infamous. 57. There is an immense public interest in the workings of our Police Departments on Long Island especially regarding events at Gilgo and related locales to this very day. https://www.longislandpress.com/2024/04/26/manorville-search-0424/ 58. Also it is no longer just a rumor. Multiple times disgraced former Suffolk County Police Chief James Burke removed the Federal Bureau of Investigation; the New York State Police Department; and the Jersey City Police Department from the Gilgo Beach murder investigation. As part of the Brady material in the Department of Justice’s case against the abomination that is the former Suffolk County District Attorney Thomas Spota – the prosecution released statements from Burke admitting the above. (See e.g., Case 2:17-cr-00587-JMA Document 254 Filed 03/05/21 Page 35 of 54 PageID #: 3113 – EDNY) The Petitioner has the Brady material in his possession. 2 THE SUFFOLK COUNTY POLICE DEPARTMENT (“SCPD”) RECORDS PROVIDED THUS FAR PRESENT YET MORE ANAMOLIES 59. The Petitioner received a somewhat robust FOIL Response from the SCPD. 3 60. At Page 6 of the SCPD’s “Response to FOIL Request Packet” is the “SCENE LOG” which demonstrates that beginning at 2140 hours (9:40 p.m.) of June 24, 2013, members of law enforcement began arriving at the scene where Natasha Jugo’s body was found. Their arrival was logged one by one. The location is noted as “OCEAN FRONT@GILGO BEACH.” The “Incident” is labelled “Death Investigation.” (Exhibit 12) 2 Petitioner is not advocating any of the Burke “Bogey Man” theories and dislikes such ominous gossip, but merely points out that they are ingrained in Long Island culture thanks to such things as social media and the Internet in general. It argues for transparency to prevent idle musings. 3 The Petitioner will receive more records from the SCPD at the conclusion of that Article 78 which will be filed shortly. 12 42 12 of FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 61. All told some 17 members of the S.C.P.D. and other entities arrived and logged in present. This included two (2) police officers and one (1) Sargeant from the Marine Unit; three (3) police officers and one (1) Sargeant from the Crime Scene Unit; three (3) Homicide Detectives; two (2) members of the S.C.P.D. “E.S.” (Emergency Services) Unit; three (3) members of the Suffolk County Medical Examiner; and two (2) Babylon Town Constables. 62. That is a tremendous amount of law enforcement for a young woman that allegedly drown. 63. At Page 4 of the “Response to FOIL Request Packet” there is a two page document entitled “Death Report” that is authored by one of the Homicide Detectives on the scene – a Detective Thomas Walsh who arrived on the scene at 23:15 (11:15 p.m.) It is also signed by Detective Walsh’s Supervising Officer Detective Sargeant John Best who logged in at 23:01 hours or (11:01 p.m.) The other Homicide Detective present on the scene is Detective Ronald Tavares – a detective of note in a case involving off duty NCPD officers (infra) – who also logged in at 23:01 hours (11:01 p.m.) 64. The second page of the Death Report notes that Detective Walsh interviewed three friends – CHRISTOPHER DIPALO, MICHAEL AUSTIN and KRISTINE DUNN. The three friends related that at about 8:30 p.m. they arrived at Gilgo Beach. They walked down to the beach and saw what appeared to be a human body floating in the water “several yards off shore.” They followed the body as it floated east bound until it washed up on shore. They “blocked the body with a piece of wood to prevent it from washing back into the water. They then called 911 from MIKE AUSTIN’S cell phone.” 65. On the first page of the Death Report Detective Walsh notes the following: “The decedent was found lying on the sand wearing only a reddish colored bra.” 13 42 13 of FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 66. Here is the first garish incongruity. At page 7 of the “Response to FOIL Request Packet” there is the “Statement of Christopher DiPalo.” DiPalo was a young man 23 years of age. It was DiPalo and the above mentioned two friends that reported Ms. Jugo’s body. He tells a macabre and frightening tale in a fairly detailed statement. He notes that he arrived at Gilgo Beach with his two friends at about 8:30 p.m. They walked “down to the water and sat on the Life Guard Stand.” Mr. DiPalo – NOTICED SOMETHING FLOATING ABOUT 100’ TO 150’ [100 to 150 feet] OFF SHORE. [that is approximately 33 to 50 yards] AS I GOT CLOSE IT STARTED TO LOOK LIKE A BODY. WE FOLLOWED IT AS IT FLOATED EAST IN THE WATER FOR ABOUT A MILE AND A HALF. AS IT GOT CLOSER TO SHORE I REALIZED THAT IT WAS A BODY. WHEN IT HIT THE SHORELINE, MIKE [AUSTIN] BLOCKED IT FROM GOING BACK INTO THE WATER WITH A PIECE OF WOOD. AT THAT POINT WE KNEW IT WAS A FEMALE’S BODY. 67. We then have an agitating inconsistency. DiPalo asserts in his sworn statement: THE SHIRT WAS UP AROUND HER FACE [of the female body that was Ms. Jugo]. SHE WAS WEARING A BRA AND JEANS. 68. Meanwhile as demonstrated Homicide Detective Thomas Walsh stated: “The decedent was found lying on the sand wearing only a reddish colored bra.” 69. DiPalo who witnessed the decedent’s body wash ashore, helped block the body from floating back out, and along with his friends reported the incident stated that the decedent (Ms. Jugo) was wearing a shirt, bra, and jeans – jeans are pants. 70. DiPalo’s signed statement is sworn. “I HAVE READ THE ABOVE ONE PAGE STATEMENT AND I SWEAR IT IS ALL TRUE.” DiPalo also took pains to make sure his statement was accurate as noted by several corrections to the statement that DiPalo initialed (the statement had to be drafted by Walsh) 71. The above is problematical. 72. As will be seen infra this discrepancy perhaps has its genesis in creating a 14 42 14 of FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 narrative consistent with the narrative created by the NCPD. 73. At the first page of the Death Report Walsh notes that “PHYSICIAN ASSISTANT RAQUEL MANUEL and MICHAEL EVERS responded to the location at 0005 hours on 6-25- 13.” According to Walsh: P.A. MANUEL noted the following regarding the decedent: The decedent was in an advanced state of decomposition. There was no obvious sign of trauma to the decedent’s body. 74. The are several issues with the above. First PA Manuel arrived three and a half hours after the body washed ashore. When a body has been in relatively cool water – as opposed to the air temperature – for an extended period of time it goes through a decomposition crash rapidly deteriorating the instant it leaves the water. PA Manuel did not see the decedent’s body until three and a half hours after it left the water. 75. Further in an “advanced state of decomposition” – using the scientific terminology (clinical term of art) – it is impossible to note whether or not there was any “obvious sign of trauma.” The whole body is in the trauma of “advanced state of decomposition.” That is the trauma. 76. Finally, the very night – perhaps before PA Manuel’s arrival – Natasha Jugo’s family is called. They are told that the S.C.P.D. has recovered what they believe to be Natasha’s Jugo’s body. (https://nypost.com/2013/06/25/authorities-work-to-id-womans-body-washed-up- on-beach/) (New York Post Published June 25, 2013, 8:26 p.m. ET; the article stated – Jugo’s distraught family in Middle Village said they had been contacted by cops. “Last night we received a phone call from the police telling us that they found some human remains out on Gilgo Beach. Our family is taking this very hard,” said Delores Jugo, 49, the missing woman’s sister. 77. If the body had been in the Atlantic Ocean for over three months and then came ashore in an “advanced state of decomposition” how could the body be identified as Natasha Jugo 15 42 15 of FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 with enough confidence to make that overly sensitive call to her family. 78. In fact, at Page 2 of the Death Report Walsh notes that the autopsy performed perhaps 8 hours – give or take – after PA Manuel’s statement “tentatively identified [the body] as Natasha Jugo, DOB 11-14-81, a reported missing person from Bayside, Queens.” DOCTOR HAJAR SIMS-CHILD performs the autopsy. The autopsy is said to declare: “There was no sign of trauma or injury that would indicate anything other than a drowning.” 79. But how can one tell if there are signs of trauma such as lacerations, bruising, strangulation, or wounds – even stab wounds – on a body that had been in the ocean for over three months and allegedly in “advanced state of decomposition” – see above supra. 80. And how can one identify such a body as belonging to Natasha Jugo. The next day the identification is confirmed visa-vi dental records – that is consistent with science. 81. There are multiple other inconsistencies or issues upon examination of some of the documentation received on appeal from the Suffolk County Office of the Medical Examiner but this Petition is already lengthy. 82. Which brings us to Detective Walsh’s summary of the activities of the Nassau County Police Department regarding this case way back in mid-March of 2013. Detective Walsh’s description – 2nd Page of Death Report – of what transpired in March as per the Nassau County Police Department differs radically from the news accounts which were in all probability based on a Press Release: On 3-18-13, Nassau County police officers responded to the Gilgo Beach area in response to a 911 call of a woman wearing a red bra walking into the ocean. The woman left her car at the scene and disrobed as she was walking to the water. The responding officers found a vehicle registered to NATASHA JUGO at the scene. There was no suicide note in the car. A search was commenced with negative results. Nassau County Seventh Squad DETECTIVE HILLMAN was assigned to the investigation. 83. No mention is made of Ms. Jugo leaving her house dressed in a robe on Saturday 16 42 16 of FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 March 16, 2013 with the Nassau County Police arriving on the scene on Sunday March 17, 2013. Instead, the incident is reported on “3-18-13” which is a Monday. There is no “identification” belonging to Ms. Jugo found in the vicinity of the beach. Instead, police respond to a 911 call on Monday March 18, 2013, reporting an incident bizarre in extremis. No footprints are noted in the sand leading to the water. No articles of clothing are found as was reported rather: “A search was commenced with negative results.” 84. But this recounting by Detective Walsh of the NCPD does have Ms. Jugo stripped to only a red bra. Again, that is not how she was found. She was found with a shirt, bra, and jeans – once again jeans are pants and a shirt is a shirt. 85. Further adding to the mystery are March 17, 2013, posts on the online True Crime Genre Websleuths 4 which cites to an inactive Newsday Link reporting that Natasha Jugo went missing. That would mean that the people were actually discussing it in an online forum the day before the Nassau County Police report it happened. See – Mar 17, 2013 MoonUnderfoot said: "Authorities were searching Sunday for a missing person at GilgoBeach. Suffolk County police said they received a call at 11:20 a.m. reporting that the person was from New York City and had been seen on Ocean Walk, a residential street in Gilgo Beach. A Nassau police spokeswoman said the missing person had not been found as of 4 p.m. Sunday." http://www.newsday.com/long-island/...ing-person-at-gilgo-beach- 1.4829859?qr=1&qr=1 86. Finally, we come to the partially redacted crime scene photos. The SCPD gave Petitioner twelve (12) photos – four (4) of which were crime scene photos that had a black rectangular redaction of the decedent’s body. The photos are not close ups but rather depict what appears to be the whole scene. What is noteworthy is that there is a long rope emanating from the Made famous in the Arts & Entertainment Docuseries The Killing Season produced by Josh Zeman which 4 addresses Gilgo Beach in plentitude. Petitioner feels certain that Websleuths will solve absolutely nothing. 17 42 17 of FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 edge of the blackened area that is the decedent’s body and extending away from the body and water inland. The rope appears to be long – longer than ten (10) feet – but one cannot tell from the photos. And the photos do not appear to capture the full length of the rope. 87. If one uses their computer to enlarge the areas of the photograph wherein the rope enters the blacked out rectangle that is over the decedent’s body one can see the telltale knotting indicative of some sort of loop around either the decedent’s legs, waist, or neck. This depends on whether the decedent’s head is toward the water line or toward the ocean parkway. (Petitioner will provide the photographs at the Court’s request via electronic mail) 88. There is no explanation. And I will not engage in baleful speculation. A HISTORY OF UNSOLVED DEATH AND CONCEALMENT A. A HISTORY OF DEATH 1. Early Murders 89. Long Island including Nassau County has been plagued by murder or ignored murder for multiple decades. Herein is an exceedingly small sample culled from just Nassau County. Much of this information is only contained in newspaper articles from the day which are attached at Exhibit 13. 90. On August 4, 1982, a young teenage girl is found in a dumpster in Freeport. She is described as “black … between 14 and 18 years old.” Pine needles found on her body led police to believe she had been in a wooded area before being placed in the dumpster. Her case is referred to as “Nassau County Jane Doe (1982)” or “Freeport Jane Doe.” The case is unsolved. The NCPD intimated that there were no signs of foul play. 91, On February 16, 1984 Christine Clarkson is found in West Hempstead bludgeoned to death after leaving a local bar. The case is unsolved. 18 42 18 of FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 2. The Multiple Lynbrook Tragedies 92. This section has its own set of newspaper articles from the time period at Exhibit 14 which once again is one of the few sources of information about these tragic events. 93. On June 12, 1984, 15 year old Kelly Morrissey disappears from Lynbrook. She was going to a video store – never to be seen again. In a related case on November 10, 1984, Theresa Fusco disappears in Lynbrook, NY near where Kelly Morrissey is last seen. Theresa is last seen leaving her job at the local roller rink right near where Kelly Morrissey is last seen. Kelly and Theresa are close friends that spent a lot of time together. Theresa is reportedly crying over the still missing Kelly when she leaves the roller rink. The NCPD publicly stated that they do not have any evidence of foul play or that the two disappearances are somehow linked. 94. On March 26, 1985, Jacqueline Martarella goes missing from nearby Oceanside. Oceanside is right next to Lynbrook. Jacqueline is walking to work at a nearby Burger King. “She was just starting to come out of her teenage shell” her brother stated. She just bought a stereo. She planned to attend secretarial school. She was saving to buy a Camaro. The NCPD speculates that she is a runaway. 95. Meanwhile, on December 5, 1984, a month after she went missing, the body of 16-year-old Theresa Fusco was discovered, naked, in a wooded area of Lynbrook. She is half buried with leav