United States v. Keith Gordon-Smith, et al
Case Number: 08-CR-6019
Honorable Charles J. Siragusa, United States District Judge
On October 22, 2009, an indictment was filed against Keith Gordon-Smith, David Vega, and Francis Rowe charging them with violations of the Clean Air Act in connection with their work on asbestos abatement projects in the Western District of New York. Among the charges, it is alleged that Gordon-Smith failed to properly contain and remove asbestos from various buildings located in Rochester and Bloomfield, New York.
Any person who was, at some time, present in one of more of the following buildings during the applicable times may have been exposed to the asbestos therein.
Bloomfield Elementary School 5475 W. Maple Road East Bloomfield, NY Applicable time period June 21, 2006-Present |
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Hastings Center for Academics (a/k/a the old library) Roberts Wesleyan College 2301 Westside Drive Rochester, NY Applicable time period October 15, 2007-Present |
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West Wing, Genesee Hospital 224 Alexander Street Rochester, NY Applicable time period January 1, 2007-Present |
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Information for Victims
Federal crime victims have the following rights, as set forth in the Justice for All Act of 2004, Title 18, United States Code, Section 3771:
(1) The right to be reasonably protected from the accused.
(2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused.
(3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.
(4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.
(5) The reasonable right to confer with the attorney for the Government in the case.
(6) The right to full and timely restitution as provided in law.
(7) The right to proceedings free from unreasonable delay.
(8) The right to be treated with fairness and with respect for the victim's dignity and privacy.
The United States Attorney’s Office for the Western District of New York will make its best effort to ensure you are provided the rights described above. It is important to keep in mind that defendants are presumed innocent until proven guilty and the presumption requires both the Court and our office to take certain steps to ensure that justice is served. While our office cannot act as your attorney or provide you with legal advice, you can seek the advice of an attorney with respect to these rights or other related legal matters.
* The Justice for All Act (Title 18, United States Code, Section 3771) defines a crime victim as a person directly and proximately harmed as a result of the commission of a Federal offense. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representative of the crime victim’s estate, family members, or any other persons appointed as suitable by the court, may assume the crime victim’s rights under the Act.
For information on health effects of asbestos, please access the information provided by the New York State Department of Health at
http://www.health.state.ny.us/environmental/indoors/asbestos
Or you may contact the New York State Department of Health at 1-800-458-1158 or the United States Environmental Protection Agency at 212- 637-4042.
Information Regarding Public Court Proceedings
Upcoming Court Proceedings
Oral argument on pretrial motions involving Keith Gordon-Smith and Gordon-Smith Contracting, Inc. will be heard on Tuesday, February 16, 2010 at 2:00 p.m., before the Honorable Charles J. Siragusa, United States District Judge, at the U.S. Courthouse, 100 State Street, Rochester, New York.
Oral argument on pretrial motions involving David Vega, Jr. will be heard on Wednesday, February 17, 2010 at 2:00 p.m., before the Honorable Charles J. Siragusa, United States District Judge, at the U.S. Courthouse, 100 State Street, Rochester, New York.
Oral argument on pretrial motions involving Francis Rowe will be heard on Friday, February 19, 2010 at 2:00 p.m., before the Honorable Charles J. Siragusa, United States District Judge, at the U.S. Courthouse, 100 State Street, Rochester, New York.
Links to Court Documents
Superseding Indictment filed 10/22/09
Government's Motion Regarding Victim Notification filed 6/18/09
Order Regarding Victim Notification filed 6/19/09
If you are a victim and have questions or would like assistance with referrals, please contact:
Kim Pettit
Victim Witness Specialist
United States Attorney's Office
100 State Street
Rochester, New York 14614
telephone: 1-800-799-6033
email: usanyw.kgs@usdoj.gov