United States Attorney's Office District of Connecticut
Press Release

JURY FINDS BRIDGEPORT MAN GUILTY OF ANTHRAX HOAX

Kevin J. O'Connor, United States Attorney for the District of Connecticut, today announced that a federal jury sitting in New Haven returned a verdict of guilty against NOEL DAVILA, also known as "Monk," age 33, formerly of Bridgeport, Connecticut, on both counts of a two-count Indictment charging him with threatening the use of a weapon of mass destruction and delivery of that threat through the United States Mail. The verdict was returned late yesterday afternoon, June 28, following six days of trial before Senior United States District Judge Ellen Bree Burns. The jury deliberated for less than two hours before returning its verdict. DAVILA is the first person in Connecticut to be convicted of the threatening the use of a weapons of mass destruction charge.

"The federal government will not tolerate these types of hoax crimes and they will be prosecuted to the fullest extent," U.S. Attorney O'Connor stated. "These crimes are an enormous drain on law enforcement resources, and they inflict tremendous fear in the victims. We are pleased with the jury's swift verdict in this case."

The Indictment alleged and the jury found that on August 18, 2002, DAVILA sent a threatening letter containing writings in foreign languages, references to Osama Bin Laden, along with a white powdery substance that was represented to be anthrax, to the Connecticut State's Attorney's Office in Bridgeport – the office that previously prosecuted him for crimes for which he is currently incarcerated. Specifically, evidence introduced at trial and statements made on the record indicate that DAVILA was previously prosecuted by the Bridgeport State's Attorney's Office in 1992, 2000 and 2001, resulting in a conviction for aggravated sexual assault and five felony convictions for risk of injury to a minor, which stemmed from his having fired nine shots into a house on Calhoun Avenue in Bridgeport in which five children between the ages of three and nine were present.

Evidence at trial established that, following his convictions on the risk of injury to a minor charge, DAVILA filed a grievance and a federal lawsuit against the state prosecutor involved in his cases, both of which were dismissed. The evidence at trial further established that, thereafter, in August 2002, DAVILA, while incarcerated at the Cheshire Correctional Institution, sent an envelope containing a white powdery substance; a piece of paper with foreign handwriting and prayers; and another piece of paper with the words "ANTRAX a/k/a Bin Laden" written on it, to the Connecticut State's Attorney's Office in Bridgeport.

The threat was received by the Bridgeport State's Attorney's Office on August 20, 2002, where it was opened by a secretary who saw the white powder drop out. The threat resulted in a full HazMat response by the Connecticut State Police Emergency Services Unit and the Federal Bureau of Investigation, and also caused that section of the State's Attorney's Office to be closed for approximately two and a half days while awaiting testing on the powder by the Connecticut BioResponse Laboratory, the final results of which ultimately proved negative. The mailing also sparked fear in members of the Bridgeport State's Attorney's Office, certain of whom testified at trial regarding their reactions and certain precautionary steps they had to take, including testimony from one witness who began taking Cipro, an antibiotic effective against anthrax.

The week-long trial also included testimony from three inmates incarcerated with DAVILA in the Cheshire Correctional Institution, who cooperated with authorities and described DAVILA's efforts in mailing the threat and the relatively sophisticated steps he took to avoid detection, including wearing plastic bags on his hands to prevent fingerprints, using the name and number of another inmate at another facility for the return address, using disguised handwriting for the mailing, and sealing the envelope with water to prevent DNA analysis.

The evidence at trial also included tape recordings of DAVILA in which he discussed the mailing and the steps he took to avoid detection, the result of one of the inmates having agreed to wear a recording device and engage DAVILA in conversations at Cheshire Correctional regarding the threat. The evidence at trial also included testimony from fingerprint, DNA and handwriting experts from the State of Connecticut Forensic Science Laboratory, confirming that the lack of forensic evidence was consistent with DAVILA's efforts to avoid detection.

DAVILA is scheduled to be sentenced by Judge Burns on Thursday, September 16, 2004 at 9:00 a.m. DAVILA faces up to life in prison on the threatening the use of a weapons of mass destruction charge, and up to five years in prison for the mailing a threatening communication charge.

The case was investigated by the Federal Bureau of Investigation, the United States Postal Inspection Service, the Connecticut Department of Corrections, the Connecticut State Police Emergency Services Unit, and Connecticut State Police Troop G in Bridgeport. The case was prosecuted by Assistant United States Attorneys Stephen B. Reynolds and Brian E. Spears.

CONTACT:

U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
thomas.carson@usdoj.gov