PRESS RELEASE

For Immediate Release

December 1, 2004

Contact: William J. Smith (718) 556-7150

D.A. Donovan Announces Indictment of Sisters Featured on America’s Most Wanted

***Kimberly Alvarado, Marissa Pomarico Arrested After November 20th Profile on Fox***

STATEN ISLAND, NY – Richmond County District Attorney Daniel M. Donovan, Jr. today announced that Kimberly Alvarado, 31, and her sister Marissa Pomarico, 19, have been indicted by a Richmond County Grand Jury on charges of two counts of Custodial Interference in the 1st Degree, a Class E felony, and two counts of Endangering the Welfare of a Child, a Class A misdemeanor.

Ms. Alvarado and Ms. Pomarico were arrested by authorities in Southern California on Sunday, November 21st following a profile on Fox Television’s America’s Most Wanted the night before. They were extradited to New York yesterday and arraigned this afternoon at Stapleton Criminal Court by Judge Alan J. Meyer. The defendants are being held on $250,000 bail and an order of protection has been granted for the children and foster parents. An arraignment on the indictment will be held on December 8th in State Supreme Court in St. George by Judge Leonard P. Rienzi.

“The indictment filed today against Ms. Alvarado and Ms. Pomarico reflects the seriousness of the crimes they committed against two innocent children,” stated District Attorney Donovan. “These children were removed from foster care with a flagrant disregard for their well-being, as well as in violation of a court order.”

On May 16, 2004 the sisters are alleged to have removed Ms. Alvarado’s children, Justin Scaglione, 5, and Lexie Fenell, 1, from a foster home in the New Springville section of Staten Island. The children were removed from Ms. Alvarado’s custody and placed in the custody of the New York City Administration for Children’s Services following a Family Court order issued by Judge Terrance McElrath on February 25, 2004.

A warrant for their arrest was issued on July 9, 2004 on charges of Criminal Contempt in the 2nd Degree and Custodial Interference in the 2nd Degree. Following their appearance on America’s Most Wanted tips from viewers led to the arrest of Alvarado at a Motel 6 in San Bernadino, California. Pomarico surrendered to police in Wilshire, California.

Assistant District Attorney Duncan Brown will be prosecuting the case under the supervision of Assistant District Attorney Yolanda L. Rudich, Chief of the Sex Crimes/Special Victims Bureau. If convicted of the top count of the indictment, each defendant faces a maximum of 4 years in prison on each of the felony counts.

“I would like to thank Lt. John Olivieri and Det. John Burgess of the NYPD, as well as the members of the FBI who worked tirelessly to see that these children were returned safely,” added District Attorney Donovan. “Additionally, I must thank John Walsh and the staff of America’s Most Wanted. Their contribution to public safety in the last two decades cannot be credited enough.”

The public is reminded than an indictment is merely an accusation, and that a defendant is innocent until proven guilty in a court of law.