EagleTribune.com, North Andover, MA

Merrimack Valley

De La Cruz supporters turn court arraignment into a quiet rally

By Mark E. Vogler
Staff Writer
Published: April 19, 2008

SALEM, Mass. — Allegations that he conspired with others to stage phony car crashes and file false injury claims threaten to ruin the career of popular Lawrence attorney Socrates De La Cruz.

But yesterday's arraignment of De La Cruz on 19 counts of auto insurance fraud-related charges became a rally of support for the 34-year-old Methuen man the moment he walked into the upstairs courtroom at Salem Superior Court.

Otto De La Cruz carried a Bible, which he held throughout the proceedings to show spiritual support for his brother.

Soon after entering the courtroom, attorney De La Cruz — one of two lawyers among eight people recently indicted by a grand jury initiated by the state attorney general — was hugged by a court officer. A few court employees who got to know and like the former prosecutor as they watched a promising legal career unfold over the years offered him well wishes.

Attorney Gary Zerola, a close friend and classmate from Suffolk University Law School where they graduated together in 1998, was there to lend his support.

"I'll stand by him till the day I die," said Zerola, another former prosecutor who knows what it's like to be prosecuted.

Zerola, one of People magazine's most eligible bachelors of 2001, stands accused of rape in Miami, Fla. He's been found not guilty in Massachusetts in two cases involving similar charges. He is a former Suffolk County prosecutor.

De La Cruz has been held up as a role model ever since he rose from a hard life on the streets of Lawrence to be honored as the 1991 National Youth of the Year by the Boys & Girls Clubs of America. He paused outside the courthouse after yesterday's hearing to speak publicly for the first time since the charges.

Instead of answering questions, he made a brief statement thanking the public for the overwhelming support he's received since his indictment became public last week and to promise that he would fight to clear his name.

"I want to make sure I say 'thank you' to the literally hundreds of people who reached out to me ... people who know me, people in the legal community, people in the city of Lawrence and people all over Essex County," De La Cruz said.

"My faith is in the truth and trust in God. ... After a jury hears this case, I'm confident that I'll be exonerated," he said.

De La Cruz faces numerous charges, including eight counts of conspiracy and five counts of filing false motor vehicle insurance claims. He was indicted along with Andover attorney James Hyde, 56, of Boxford; North Andover chiropractic clinic operator Michael Kaplan, 46, of Hampstead, N.H; and Haverhill chiropractic clinic operator Troy Wheelwright.

Investigators say the four licensed professionals paid the same stable of "runners" — independent contractors who organize the fake accidents — to recruit passengers to participate in the scams and later file fraudulent insurance claims.

The indictments stem from an investigation initiated more than 18 months ago by the state attorney general's office, working with detectives of the city's auto insurance fraud task force and investigators of the Insurance Fraud Bureau of Massachusetts. That investigation focused on four separate staged crashes that occurred between October 2002 and February 2003.

After De La Cruz pleaded not guilty to all of the charges yesterday, Judge David Lowy ordered him to surrender his passport, a move that was opposed by defense lawyer Hank Brennan, who called the indictments "an attack on his family name and his profession," and a reason why the attorney poses no flight risk.

Brennan said De La Cruz is "a family man" who lives with his wife and three children. He also referred to De La Cruz's reputation for public service, including his work with the Boys & Girls Club of Lawrence. "He has helped hundreds of people in need," he said.

Later, outside the courthouse, Brennan branded the prosecution's case as "a house of cards" based on "vicious lies of a few people who are obviously biased and undeniably have an agenda," referring to runners who are blaming lawyers and chiropractors to clear themselves of criminal charges related to auto insurance fraud.

"He is a remarkable person of the upmost character. Everything he has done has been honest, with integrity and beyond reproach," Brennan said, vowing to do whatever is necessary to publicly clear De La Cruz of the allegations.

"We will line the streets from the Boys Club in Lawrence all the way to Boston, around Fanueil Hall, with people from every walk of life to attest to his honor, his integrity and his good character. We are looking forward to the next day," Brennan said.

De La Cruz and most of the defendants are due back in court for a pretrial conference May 20.

Also arraigned yesterday was Christopher Ortega, 29, of Lawrence, whose indictment was announced as part of the co-conspirators initially charged. He is one of four runners charged in the schemes.

Much of a 23-page "statement of the case" prepared by Assistant Attorney General Kajal Chattopadhyay is based on the testimony of Ortega and other runners who claim to have been paid cash by De La Cruz and other licensed professionals. Passengers in each of the four crashes also told fraud investigators that the crashes were fake.

"It's alleged he (De La Cruz) employed so-called runners to stage a number of motor vehicle accidents in 2002 and 2003 ... knowing full well they were fraudulent," Chattopadhyay said in court yesterday.

But as he walked away from the courthouse yesterday afternoon, De La Cruz said he was counting on his faith, family, friends and facts as he sees them as the way he will overcome his legal troubles — the same way he has persevered to get this far in life.

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