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190

Approved, ~~

Assistant United States Attorney

Before:

HONORABLE GABRIEL W. GORENSTEIN United States Magistrate Judge Southern District of New York

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UNITED STATES OF AMERICA

COMPLAINT

v.

Viol.ation of

18 U.S.C. § 1201

ANNUGETTA PETTWAY, a/k/a "Ann Pettway,"

COUNTY OF OFFENSE:

Defendant. NEW YORK

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SOUTHERN DISTRICT OF NEW YORK, ss.:

MARIA JOHNSON, being duly sworn, deposes and says that she is a Special Agent with the Federal Bureau of Investigation ("FBI"), Crimes Against Children Squad and charges as follows:

COUNT ONE

From on or about August 4, 1987, up to and including on or about January 18, 2011, in the Southern District of New York and elsewhere, ANNUGETTA PETTWAY, a/k/a "Ann Pettway," the defendant, unlawfully, knowingly, and willfully seized, confined, inveigled, decoyed, kidnapped, abducted, and carried away and held for ransom and reward and otherwise a person, and transported that person in interstate commerce, and traveled in interstate commerce and used the mails and means, facilities, and instrumentalities of interstate commerce in committing and in furthering the commission of the offense, to wit, PETTWAY kidnapped a child from Harlem Hospital Center in New York, New York, took the child to Connecticut and held her there.

(Title 18, United States Code, Section 1201.)

The bases for my knowledge and for the foregoing

charges .are, in part, as follows:

1. I am a Special Agent with the FBI's Crimes Against Children Squad, and I have been personally involved in the investigation of this matter. This affidavit is based upon my examination of reports and records, and my conversations with various witnesses,as report.ed herein. Because this affidavit is being submitted for the limited purpose of establishing probable cause, it does not include all the facts that I have learned during the course of my investigation. Where the contents of documents and the actions, statements and conversations of others are reported herein, they are reported in substance and in part, except where otherwise indicated.

2. I have reviewed reports of the New York City Police Department ("NYPD") from which I have learned the followin9l, in substance and in part:

a. On or about August 4, 1987, a mother and father (the "Mother" and "Father") brought their 19-day,-old infant daughter (the "Victim" ) to the emergency room at Harlem Hospital Center ("Harlem Hospital") in New York, New York.. The Victim wa.s admitted with a fever.

b, In the early hours of August 5, 1987, hospital personnel discovered that the Victim was missing.

3. I have spoken with an NYPD Detective (the "Detecti veil), who informed me of the following, in aubs t ance and in part:

a. In or about January of 2011, the Detective interviewed an individual later identified as the Victim, who told him in sum and substance and in part:

i. ANNUGETTA PETTWAY, a/k/a "Ann Pettway," the defendant, raised the Victim as her own daughter. The Victim is now 23 years old.

11. When the Victim sought to obtain prenatal care for her own child, she asked PETTWAY for identification documents, such as a birthcertificat·e, so that the Victim could obtain prenatal care. PETTWAY told the Victim tihat she did aot have identification

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documents for the Victim because the Victim had been given to PETTWAY by a woman who used drugs.

iii. In or about January 2011, the Victim contacted the National Center for Missing and Exploited Children ("NCMEC") to inquire about missing children from the late 1980s. NCMEC directed the Victim to a picture of a missing child from 1987. The Victim believed that the picture resembled baby pict~res of herself.

iv. NCMEC put the Victim in touch with the Mother and the Father.

b. Between approximately January 4, 2011 and January 7, 2011, the Detective and other detectives of the NYPD obtained DNA samples from the Mother, the Father, and the Victim.

4. On January 23, 2011, I interviewed ANNUGETTA PETTWAY, a/k/a "Ann Pettway," the defendant, about the kidnapping of the Victim. During the interview, PETTWAY referred to the Victim using the name by which the Victim has been known through January of this year. PETTWAY also referred to the Victim using the first name given to her by the Mother and the Father.

PETTWAY told me the following, in sum and substance and in part:

a. In or about the 1980s, PETTWAY had difficulty having her own children and had suffered several miscarriages.

b. In or about 1987, PETTWAY went to Harlem Hospital where she saw the Victim.

c. PETTWAY took the Victim without consent and brought her outside the hospital. When no one stopped PETTWAY, PETTWAY took the Victim with her on a train to PETTWAY's home in Bridgeport, Connecticut.

d. In Connecticut, PETTWAY told her friends and family members that the Victim was her child.

e. As the Victim grew up, she lived with PETTWAY in PETTWAY's home at times and with PETTWAY's mother, who also lived iIi Bridgeport, Connecticut,

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at other times. The Victim went to school in Bridgeport.

f. PETTWAY attempted to create a fake birth certificate for the Victim, but was unsuccessful .Ln doing so. PETTWAY was never able to create a fake document that appeared real.

g. PETTWAY is sorry and knows that she has caused a lot of pain.

5. On January 23, 2011, ANNUGETTA PETTWAY, a/k/a "Ann Pettway," the defendant, wrote a statement, which states, in sum and substance and in part:

a. PETTWAY took the Victim from the Victim's family and this was totally unacceptable. PETTWAY is truly sorry.

b. PETTWAY was dealing with the stress of trying to be a mom and had had several: miscarriages. She did not believe she would ever be able to be a parent.

c. PETTWAY brought the Victim home as her own.

6. I have reviewed a January 18, 2.011 laboratory

report prepared by the Office of Chief Medical Examiner (the "DNA Analysis."LThe DNA Analysis contains the results of the comparison of DNA samples taken from the Victim, the Mother, and the Father. The DNA Analysis concludes that "[t]he profile obtained from [the Victim] is 16,000,000,000,000,000 to 140,000,000,000,000,000 times more likely if [the Victim] is

related to [the Father] and [the Mother) . than if she is

unrelated."

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Wherefore deponent prays that the above-named individual be imprisoned or bailed as the case may be.

of Investigation

Sworn to before me this 24th day of January, 2011

UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF NEW YORK

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