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Parolee, 19, Is Held in Death Of Actress During Robbery
New York Times ^ | February 1, 2005 | MICHAEL WILSON and JANON FISHER

Posted on 01/31/2005 8:08:42 PM PST by 68skylark

A 19-year-old parolee who was prowling with childhood friends on the Lower East Side early on Thursday morning has been charged with murdering a young actress who talked back to them as they robbed her companions, the police said yesterday.

The police said that the arrest of the man, Rudy Fleming, came after detectives received tips from people who had heard that he and at least four friends were involved in the shooting.

Yesterday afternoon, Mr. Fleming was openly weeping in the back seat of an unmarked car as detectives drove him away from the offices of the Manhattan South homicide squad.

"It hurts me to know that this happened," said his godfather, Servino Simmon, at his apartment in the Baruch Houses, where Mr. Fleming had been staying near the scene of the shooting. "I feel sorry for the person. I wish that it didn't happen. It's not right."

Although Mr. Fleming was the only person charged in the killing of the actress, Nicole duFresne, 28, of Brooklyn, two of Mr. Fleming's friends were charged in an attempted robbery that took place nearby earlier that morning. Two other friends of Mr. Fleming's, brothers ages 17 and 21, were questioned in the killing but not charged after telling detectives they were shocked when Mr. Fleming pulled the trigger.

Shortly after 3 a.m. on Thursday, Ms. duFresne, who lived in Greenpoint, had just left a bar with her fiancé and another couple when they were confronted by a group of robbers on Clinton Street near Rivington Street. One of the assailants pistol-whipped her fiancé, and Ms. duFresne stepped forward and said, "What are you going to do, shoot us?" her friends said later. She was shot once in the chest and was pronounced dead later Thursday morning.

The murder suspect, Mr. Fleming, has lived in Brooklyn and Staten Island, but has lately been staying with his godfather at the Baruch Houses in Manhattan. He was on parole for a 2002 weapons conviction, when he sneaked a gun into Port Richmond High School and pointed it at a school safety officer, according to Richmond County district attorney's office.

The parole was not set to expire until June 2007. Mr. Fleming's meetings and home visits were satisfactory, and he had a job working at a restaurant, said Scott Steinhardt, a spokesman for the State Division of Parole.

His last meeting with a parole officer was an office visit on Wednesday, the day before the killing. "The office visit was unremarkable," Mr. Steinhardt said.

The police said detectives found two pieces of evidence at Mr. Simmon's apartment: a white scarf that is visible on one of the people in a security video taken near the time and place of the shooting, and what is believed to be the murder weapon, a .357 Magnum revolver.

"I was watching TV before the police came," Mr. Simmon said. "I was lying on the bed with the gun underneath. I didn't even know the gun was there."

Asked whether the police had obtained a confession in the case, Commissioner Raymond W. Kelly said yesterday at a news conference, "Some statements have been made."

A police official said the crime seemed to have begun as a robbery that went bad. "They're out there and do what bad kids do when they get together," the official said. "They're looking for trouble and they find it." About the witnesses to the shooting, he added, "If you believe them, it sort of shocked everyone else." The arrests began around noon on Sunday and continuing until midnight, the police said. Mr. Fleming was the last to be arrested, at the ferry terminal on the Staten Island side. His mother lives on Staten Island, the police said.

Mr. Simmon's two sons, Servano, 17, a high school student, and Servisio, 21, were present at both crimes but have not been charged and are being treated as witnesses, the police said.

Mr. Simmon said Servano told him about the shooting. "Apparently," he said, "Rudy went to rob the lady. He pulls out a gun. No one knew he had a gun. He shoots the lady."

Mr. Simmon added: "It's not fair to the people, and it's not fair to me. I don't have enough money to buy a decent pair of pants right now, much less have the money to get them out. All I have to say is, these kids did what they did. I don't know anything. I wish I could change the whole situation, but I can't."

The arrests followed calls to the Police Department's tips hot line, Mr. Kelly said. "They were from concerned citizens," he said. "I don't want to get into it any more specifically than that."

Mr. Fleming was charged with first- and second-degree murder, robbery and criminal possession of a weapon. David Simmon, 18, and a 15-year-old boy not identified by the police because of his age were charged with attempted robbery in the case earlier that morning, in which the police said they tried to steal a man's coat. David Simmon, of Clifton Place in Brooklyn, is a cousin of the Simmon brothers.

After the shooting, the group split up, with some taking a subway to Brooklyn, but they later came back, the police said.

The following day, the police released the video clips of a group of people walking in the area, and the tips to the hot line began to arrive, the police said.

The police called both the robbery attempt and the shooting "crimes of opportunity," with the suspects happening upon their victims. Ms. duFresne and her friends had had several drinks at the bar Max Fish after she finished her first night of work at a new club, Rockwood Music Hall.

Ms. duFresne's friends described her as a tough, fiery survivor of a rape in a bar's parking lot while at Emerson College in Boston.

Her final, defiant words to her killer have led to speculation that she might not have been killed if the group had just given over their belongings.

Mr. Kelly said in a statement yesterday, "Regardless of what the victim said or did not say, the person responsible for her death is the one who pulled the trigger."

At the news conference, however, asked about how people should respond to an armed robber, he said, "If you're in a situation when someone is pointing a weapon at you, I think it's best to comply with the directions of that individual."

On Nov. 27, 2001, Mr. Fleming missed school in Staten Island and was picked up by a truancy officer. He refused to let the officer remove his jacket, and asked if he was hiding something, he said yes and pulled out a semiautomatic pistol, said William J. Smith, a spokesman for the Richmond County district attorney.

He got into a shooting position and aimed at four safety officers, before four police officers, their weapons drawn, ordered him to drop the gun, Mr. Smith said. He did.

Mr. Fleming pleaded guilty to second-degree attempted possession of a weapon and went to prison in the spring of 2002. He was released on June 18, 2004.

The police said that Mr. Fleming might be affiliated with a gang but that it did not appear to have played any role in the shooting.

Colin Moynihan and William K. Rashbaum contributed reporting for this article.


TOPICS: Crime/Corruption; US: New York
KEYWORDS: dufresne
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To: durasell
Then you must have LOVED today's Post Headline :MAID UP JOB,re Pataki's wife's lady's maid.
81 posted on 01/31/2005 9:11:39 PM PST by nopardons
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To: jocon307

The Times is too timid. Reporters are making too much money to take chances, except for that moron Jayson Blair...


82 posted on 01/31/2005 9:12:36 PM PST by durasell (Friends are so alarming, My lover's never charming...)
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To: 68skylark

Yes --- hopefully the murderer will spend his whole life in prison or be given the death penalty --- I guess not in NY.


83 posted on 01/31/2005 9:13:05 PM PST by FITZ
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To: durasell

The Lizziemobile was a great tabloid stunt. Then came 9|11 and they lost their edge for a while.

Some of the headlines over the years were keepers. My personal fave was "Wacko Jacko Backo".



84 posted on 01/31/2005 9:13:12 PM PST by lavrenti (Think of who is pithy, yet so attractive to women.)
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To: nopardons

...and when OPEC looked like it was going to collapse in the early eighties, SHEIK HITS THE FAN


85 posted on 01/31/2005 9:13:59 PM PST by durasell (Friends are so alarming, My lover's never charming...)
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To: lavrenti

...then there was the confusion regarding who owned the Post and Pete Hamill edited it from a booth in the diner...


86 posted on 01/31/2005 9:16:00 PM PST by durasell (Friends are so alarming, My lover's never charming...)
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To: durasell

The way he described the real-life story that later became the basis for The Front Page was really gripping, as was the time he was a reporter in Berlin, watching mass executions by the Stahlhelm during the failed Spartacus uprising.

His problem was he kept retelling the same stories over again, and was obsessive. Hard to believe his most lasting contribution to pop culture was his rewrite of the Gone With the Wind screenplay.


87 posted on 01/31/2005 9:17:13 PM PST by lavrenti (Think of who is pithy, yet so attractive to women.)
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Comment #88 Removed by Moderator

To: durasell

Oh I remember that one. :-)


89 posted on 01/31/2005 9:17:48 PM PST by nopardons
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To: lavrenti

...he still gets more play than McArthur or Leibling.


90 posted on 01/31/2005 9:18:48 PM PST by durasell (Friends are so alarming, My lover's never charming...)
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To: durasell

Oh yeah! Also, do you remember the reporters were getting paid in singles peeled off from the newsstand collectors?

Buddy of mine wound up with one of those hideous Hirschfeld ties.


91 posted on 01/31/2005 9:18:49 PM PST by lavrenti (Think of who is pithy, yet so attractive to women.)
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To: durasell

Yeah, come to think of it, does anyone remember Walter Lippman?


92 posted on 01/31/2005 9:19:29 PM PST by lavrenti (Think of who is pithy, yet so attractive to women.)
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To: durasell

You know McArthur's son was Dan-o on H50?

Nobody remembers Charles McArthur, which is tragic.


93 posted on 01/31/2005 9:21:17 PM PST by lavrenti (Think of who is pithy, yet so attractive to women.)
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To: lavrenti

That's when NYC was fun. Now the Post building is mini storage...there used to be a great ginmill across from the Times called Gough's. That's gone, too.


94 posted on 01/31/2005 9:22:02 PM PST by durasell (Friends are so alarming, My lover's never charming...)
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To: lavrenti

You know who McArthur's brother was, right? The eccentric insurance mogul, the McArthur Prize and half the shows on PBS are sponsored by him. Apparently he ran a billion dollar business out of a coffee shop in a Miami hotel that he owned.


95 posted on 01/31/2005 9:23:45 PM PST by durasell (Friends are so alarming, My lover's never charming...)
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To: durasell

Wow. You see, I missed out on all of that and only know it from old-timers.

The Post building was the coolest. Sad to see it gone to waste as a Manhattan Storage site. At least the old Park Row Times building is a Pace University building.


96 posted on 01/31/2005 9:25:45 PM PST by lavrenti (Think of who is pithy, yet so attractive to women.)
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To: Pharmboy

Pinging you news and the original link (which I included) to the slain actress story that you posted.


97 posted on 01/31/2005 9:26:53 PM PST by Miss Behave (Beloved daughter of Miss Creant, super sister of danged Miss Ology, and proud mother of Miss Hap.)
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To: Moonman62

"I'm not a Madame - I'm a Concierge!"


98 posted on 01/31/2005 9:28:25 PM PST by Luddite Patent Counsel
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To: durasell

Oh, really? That's the McArthur Foundation?

Also, Charlie had that long-term affair with Dorothy Parker. What a cast of characters!


99 posted on 01/31/2005 9:29:44 PM PST by lavrenti (Think of who is pithy, yet so attractive to women.)
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To: jocon307

Let us not forget the guy who sued Viacom for hundreds of millions for stealing his name, "Jack Ass", or, in the Times, "Mr. Ass".


100 posted on 01/31/2005 9:32:19 PM PST by Luddite Patent Counsel
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