Mocobizscene-As the Chevy drove by, a gigantic 20-foot inflatable baby reindeer catches the eye on Fork Lane in Hicksville. The dark surroundings are illuminated by the sparkling Christmas lights.
Nassau County Police claim that they trailed the Chevy on that peaceful night, passing by Fork Lane Public Elementary School, which was closed for holiday recess, as stated in court documents.
Mark Openchowski was seen walking down Winter Lane in the rain. It was Wednesday evening, around 7:30 p.m., which happened to be dinnertime in this tidy, middle-class neighborhood.
Police initially spotted the 44-year-old Hicksville resident at a “narcotics prone location”, where he was seen carrying a suspicious “dark colored bag” as he walked to his car. Openchowski was observed getting behind the wheel of a new gray Chevrolet Traverse. As the police followed him from that location to this neighborhood, they noticed that he was driving too fast in the rain down Rover Lane.
They continued to track the car without having established probable cause yet. The court filings fail to mention that this specific driver was already under scrutiny. The driver is currently a defendant in two other ongoing drug possession cases.
On September 24, he faced three misdemeanor drug possession charges, which although not major crimes, still carried the possibility of jail time. The police issued him a ticket, similar to a parking ticket, which included a court date.
The arraignment for the ticket is scheduled for October 9th. However, when October 9 rolled around and the clerk called his name, Openchowski was nowhere to be found.
The judge adjourned the proceedings, setting a new date for November 6. The clerk made an announcement, ensuring that Openchowski would be duly notified of the updated schedule.
Openchowski failed to attend the arraignment, and he also missed the subsequent one. Consequently, Judge Arieh Schulman issued a bench warrant for his arrest. It is a standard procedure when a defendant fails to appear in court for two consecutive hearings.
Three days later, on November 9, Openchowski was arrested again. According to the police’s Felony Complaint, illegal drugs were found in the white Hyundai Tucson he was driving. The drugs seized included 7.8 grams of pink Ecstasy, 15 grams of Crystal Meth, 16 orange Buprenorphine/Naloxone pills, 12 white Methylphenidate (Ritalin) pills, and a bottle of Butanediol syrup.
During their routine background check, they came across Judge Schulman’s bench warrant.
Openchowski was taken into custody and brought back to the station where he was handcuffed and held overnight. The next morning, he appeared in front of Judge Norman Sammut to face criminal charges in both of his cases. Openchowski maintained his innocence and pleaded Not Guilty to all charges. Judge Sammut then decided to vacate the bench warrant, resulting in Openchowski’s release.
The release, however, came with a condition: He had to “check in” with Probation, also known as PTSA. Judge Sammut cautioned him against missing another court date.
However, on the following court date, Openchowski once again failed to appear. A few weeks later, he remained absent. Judge David Wright issued another warrant on November 30.
In the December affidavits, the police did not mention any warrants regarding how they got their attention. Rather, they provided details about the car Openchowski was allegedly driving, which was purportedly filled with narcotics. The affidavits also mentioned a suspicious bag that Openchowski allegedly carried as he walked down a street populated by drug dealers and their addicted customers, near the parking lot of the Econo-Lodge Motel, before eventually getting into the car.
According to the court documents, the police observed Openchowski as he drove past the quaint houses in Hicksville, making his way towards Spindle Road. Anticipating his arrival, the officers hoped that their efforts would pay off. However, when Openchowski neared his destination, he gradually reduced his speed and neglected to come to a complete stop at the stop sign located at Fork Lane, as claimed by the police. They pulled him over.
In the front passenger seat sat a suspicious black backpack. Upon inspecting its contents, the police discovered 102.5 grams of Crystal Meth, along with 2 grams of powdered Cocaine. To add to their evidence, they also found a crack pipe containing residue.
Openchowski found himself in handcuffs once again, this time facing serious charges of drug possession. The charges against him included D, B, and A Felonies, as well as two misdemeanor charges. The A Felony alone had the potential to result in a lengthy prison sentence. It was crucial for the police to establish probable cause in order to thoroughly investigate an individual with a suspicious backpack who was about to enter a vehicle.
On December 28, Openchowski faced another arraignment.
During the session, Judge David Levine issued a stern warning to the Assistant District Attorney, emphasizing the importance of not sharing any facts or discussing criminal cases in the courtroom without prior permission.
Following Judge Levine’s warning, the Assistant District Attorneys refrained from discussing Openchowski’s alleged pills, powders, bottles, and bags. These details are confidential and will not be included in the transcripts. No one mentioned his two other ongoing drug cases, his history of failing to appear in court, or the warrants issued by other judges when he went missing. These facts are crucial when determining bail and whether ankle bracelets should be used.
The ADA needed to provide justification for the terms of his release, so he pointed out something in the police paperwork. Openchowski’s “statement of admission” was included in the printout. The ADA briefly mentioned his history and urged Judge Levine to order an electronic ankle monitor for Openchowski. This would enable them to locate him if he fails to appear in court again.
Judge David Levine believed it wasn’t necessary.
“These are non-violent felony offenses,” the Judge said with a shrug. He emphasized the need for the individuals to “check in” with court personnel as part of their PTSA (Pretrial Services Agency) requirements. Remarkably, ankle monitors were not deemed necessary for these cases.
Judge Levine has released Openchowski. Mark Openchowski is set to appear in court once again on January 17, 2024. Judge Vincent Muscarella will be presiding over the proceedings. It remains to be seen whether or not Mark will actually show up on this occasion.
But what if he is innocent?
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