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Previously, only one defendant, Ronald Mallay, 57, faced the possibility of capital punishment. But a new two-count superceding indictment against Mallay and insurance agent Richard James includes a charge that their combined actions lead to murder, a factor that means they could both face execution if convicted.
Investigators suspect that Mallay and James, a popular figure in the Guyanese community who had his own cable TV show, targeted alcoholics or others on the margins of society and had them killed in order to reap insurance benefits. So far prosecutors have alleged that two men died and another was targeted in the scheme. At least eight deaths are under investigation, officials have said.
In Brooklyn federal court Monday, Mallay and James, both being held without bail, stood silently as prosecutors briefly discussed with Judge Sterling Johnson how the case will be reviewed to see if the death penalty will be sought. Under the procedures, a panel of her prosecutors will recommend action to Brooklyn U.S. Attorney Roslynn R. Mauskopf. She is to then make her own decision and forward it to U.S. Attorney James Ashcroft in Washington, who is the final arbiter. That process, said one official, could take several months.
The death penalty has been used sparingly by federal prosecutors in Brooklyn. It was sought twice in cases that have gone to trial and both times juries instead elected a life-imprisonment sentence James was first arrested in June on charges he plotted to carry out the murder of a man identified as John Singh, who was not harmed. Though James’ arrest went virtually unnoticed, the case broke wide open in August with the arrest of Mallay.
The federal criminal complaint against Mallay detailed how he and James allegedly conspired to kill certain people for insurance proceeds.
Two victims were named: Hardeo Sewnanan who died in Port Mourant, Guyana in June 1999 from ingesting alcohol and ammonia, and Basdeo Somaipersaud, who was found dead in Smokey Park in Ozone Park in Janaury 1998 from drugs and alcohol.
Investigators are delving into numerous insurance policies written by James. Last month, a girlfriend of James who allegedly received some insurance proceeds from the death of Somaipersaud was arrested on charges of conspiracy to commit insurance fraud.