GPS data showed Datre family trucks made several trips to the Deer Park property of a businessman on trial for allegedly helping discard tons of contaminated materials, according to a witness’ testimony Tuesday.
During a partial cleanup of contaminated materials at a Brentwood park in January 2014, five of the vehicles were used and then driven to Atlas Asphalt in Deer Park 16 times, according to the testimony of Ryan Wilkinson, chief technology officer for a company hired by Datre Jr.’s mother, Clara Datre, to track company vehicles. Wilkinson’s testimony came on the fourth day of Ronald Cianciulli’s bench trial in Central Islip before state Supreme Court Justice Fernando Camacho.
Cianciulli, the owner of Atlas Asphalt, is accused of helping Datre Jr. find places to dump tons of contaminated materials.
The Brightwaters resident faces charges of second-degree criminal mischief, two counts of third-degree endangering public health, safety or the environment, fourth-degree endangering public health, safety or the environment, operating a solid-waste management facility without a permit, and engaging in regulated activities within mapped freshwater wetlands without a permit.
Datre Jr.’s son, Richie Datre, 22, testified Friday that he worked for his father’s company at the time of the partial park cleanup. He said he excavated the debris from the recharge basin and the removed material was taken to Atlas Asphalt.
In March, Datre Jr. pleaded guilty to four felonies, admitting responsibility for dumping at four Suffolk sites.
Wilkinson told Assistant District Attorney Mark Murray during direct examination that in 2013, Clara Datre, the owner of Daytree at Cortland Square Inc., registered 11 vehicles with his Commack company, Vehicle Tracking Solutions, which provides tracking software to commercial fleets.
He told Murray the company’s GPS data showed that during the cleanup at Roberto Clemente Park in Brentwood — ordered by Islip Town officials about two months before state and county officials began an investigation into illegal dumping — trucks registered under the Daytree GPS contract also made three trips to a Deer Park property owned by Margaret Masie and her daughter, April, both of Wantagh.
Prosecutors have said trucks transported debris from construction sites in Brooklyn and Queens to Roberto Clemente Park, the Deer Park wetlands site as well as a private 1-acre lot on Islip Avenue in Central Islip and a six-home development in the Village of Islandia built for returning Iraq and Afghanistan war veterans.
Dumping at the Masie property peaked in March and April 2014, prosecutors have said. Wilkinson said in that time, 82 trips were made by Daytree trucks to the Masie property. Brooklyn was “a very frequent previous stop location” where 43 trips were taken to the Atlas Asphalt property as well, Wilkinson said.
Cianciulli’s attorney, John Carman of Garden City, who has said his client had nothing to do with the dumping operation on the Masie property, cross-examined Wilkinson and asked how many of the 82 trips taken by Daytree trucks also went by his client’s property from March to April 2014.
“None,” Wilkinson said.
Carman also asked Wilkinson how many of the 43 trips by Daytree trucks to Atlas Asphalt went by the Masie property.
“I believe none,” Wilkinson said.
Last week, Leonard King, a witness who was given immunity in exchange for his testimony, said while he worked for Datre Jr., “no one” told him to dump the contaminated material into the wetland and that Cianciulli was not involved in directing him at the dirt screening operation set up at the site. King, who now works for Cianciulli at Atlas Asphalt, took the blame, saying he was not shown where the wetland boundaries were.
Also last week, April Masie testified that a deal previously made with her late father permitted Ciaciulli to park equipment at the property in exchange for pothole repair and snow removal. The deal did not include dumping, she testified.
Robert Marsh, a natural resource supervisor with the state Department of Environmental Conservation, testified Tuesday that “even clean sand wouldn’t be allowed” to be dumped into a wetland without a permit from the agency.
Marsh said investigators found three spots on the Masie property where debris was dumped, totaling 2,200 yards in or near the wetlands and another 1,100 cubic yards in the parking lot.
Prosecutors are expected to call two final witnesses Wednesday morning before resting their case. While Carman said he may put on a brief defense, Camacho ordered summations by Thursday.