Roman Rafalovich Case Eng

8/19/2019 Roman Rafalovich Case Eng

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R. Moldova v. Roman Rafalovich

Introduction

The defendant Roman Rafalovich was born on March, 20, 1990, lives on

Eminescu Str., 4 in Chisinau. A single man, with no children, Roman wasunemployed at the time of his arrest. His last job was a grocery store "The Family

Store" (seller-cashier). Roman also plays guitar in a rock band "Rock" and likes to

play poker. He lived in Chisinau all his life.

Roman Rafalovich graduated from Chisinau high school #13 in May, 2008.After graduation he moved from his parents’ house to the apartment he r ents on his

own. All his income is wages and money he makes by periodic rock band

performances and by playing poker (he wins from time to time).

Roman spends a lot of time with his old parents, although they do not

understand Roman’s passion for a poker and rock music, it often results in tense

relations between them.

Roman’s previous jobs were grocery departments of different stores of Chisinau

(worked as the salesman). Employers characterize him as steady and reliableemployee. Roman changed jobs almost every year, when he found another job that

was paid better or schedule was more flexible that allowed him to find more timefor his rock band or poker games.

Roman started working in “The Family Store” on October, 2, 2013, and wasfired on March, 14, 2014, by Daniel Krylov, store owner, after heated argument

between Roman and Daniel. Daniel said he had fired Roman because he was late

for work all the time. Although, according to store’s labor hours records, Roman

was late for work only three times – once in December, 2013, and twice in

February, 2014.

“The Family Store” was burglarized on April, 5, 2014. Store owner, Daniel

Krylov, discovered this fact when he came back to the store at 12.26 a.m. on April,

6.


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Daniel Krylov immediately called police. The investigator of Chisinau

district police department Viacheslav Cebotari arrived to the scene at 1.00 a.m. and

began investigation. First, he examined Daniel Krylov who said he was at the storelast night (April, 5). When everyone left he calculated the income for April, 5

(exact amount – 6100 lei) and put this money and also his own money in form of

Russian Rubles, American Dollars and European Euros, exact amount of which he

doesn’t remember, into the black plastic bag with golden BMW lettering on i t.

Daniel then put this plastic bag to the safe at the corner of office and locked it.

Then he turned off the light everywhere, locked the door to office and front

entrance and left the store through the door of the back entrance. It was at9.00p.m., the usual time he closed up. He locked the door before leaving, he’s

positive because he always checks. After that Daniel Krylov went to meet his

friends and he stayed there till midnight. Daniel came back to the store because he

remembered that he left the keys to his apartment at the office. Daniel also said he

always keeps, just for case, a spare copy of the key of office door under a plant pot

which is close to the office door. He never told anybody about this key but he

assumes some of his employees may have found out about it. Daniel suspects one

of his former employees, Roman Rafalovich, who was fired approximately threeweeks ago, in committing this crime and he thinks that maybe Roman made a copy

of this key before he was fired.

The store is located at the intersection of Eminescu and Stefan cel Mare

Streets. The exact time of burglar’s entrance to the store is unknown. Based on

Daniel Krylov’s testimony it happened between 9.00 p.m. on April, 5, and 12.25a.m. on April, 6.

After his conversation with Daniel Krylov, officer Cebotari examined the

store and territory around the store and also performed a fingerprint examination.While examining the store he discovered that the criminal got inside the store by

smashing the lock of back entrance door. The office door doesn’t have any signs of

force on it. Except for money from the safe, nothing else was missing.


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On the basis of this information officer Cebotari began to narrow the

investigation to possible suspects who could have had a key or could have known

about the spare copy of the key. Roman Rafalovich is the main suspect in the case.Officer Cebotari asked Daniel Krylov to give him photo from Roman’s personal

record. With this photo, officer Cebotari began interviewing at 8.30 a.m., people

who live close to the store.

At 9.05 a.m. officer Cebotari knocked on door of Elena Grosu, 45 year old

woman who lives not far from “The Family Store”.


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Testimony Of Elena Grosu

I was born October 16th, 1968. I live in on the third floor of an apartment

building on Park Alley, 8, ap.9. I live with my husband Vlad and my son Dima. We

have an old English bulldog named Henry, I go for a walk with him to Park Alley

at approximately 11.30 p.m. every night.

So I was going for a walk, as usual, with Henry late in the evening on April,

5. I was just getting Henry’s leash from the wardrobe in the hallway when I hearda strange sound coming from Park Alley. It was very loud and lasted for a few

seconds. I heard it very well because the window of my bedroom faces the alley

and it was open that night. I ran to the window quickly and looked through it, but I

saw nothing strange or unusual. There are two lanterns on Park Alley - one is at

the intersection of Park Alley and Stefan cel Mare Str., and another one – close toour house. Their lightening is not bad, though many trees on Park Alley hinder

them a little.

I decided nothing bad happened, took Henry and went outside with him. I sat

on my knees at the stairs to put a leash on Henry when I saw a man running on Park Alley in my direction. He was of medium height, maybe even tall (can’t say

exactly cause I was still sitting). He looked young. He was wearing sport pants,

tennis shoes and pullover with a hood. He was wearing a hood so I couldn’t see

his face very clearly, but still I had a feeling I knew this face. This man was

carrying a dark bag. When he passed me he stopped at a trash can on Park Alley,

took something out of the bag, put it into his inner pocket, threw the bag into the

trash can and ran away.

The next morning when officer Cebotari came to me and told me whathappened, I understood everything. I buy food at “The Family Store” from time to

time so this news scared me a lot! When officer Cebotari showed me a photo of a

young man with dark hair and asked me if that is who I saw yesterday, I

recognized him! This guy is the one who was here last night. No doubts, it’s him!


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Having this information officer Cebotari went to Roman Rafalovich’s

apartment. As soon as officer got out of his car he saw Roman (recognized him on

the photo) who was approaching his house and was carrying big bag. Officerarrested Roman as a suspect in this case and took him to police department. There

police officers withdraw brand new electric guitar in a packaging, 4500 Moldavian

Lei, 600 Russian Rubles, 120 American Dollars, 75 European Euros, receipt from

a music store for electric guitar for 1600 Moldavian Lei, keys from Roman’s

apartment and his cell phone. Roman was interviewed by investigator Cebotari.


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Testimony of Roman Rafalovich

My name is Roman Rafalovich, I was born of March, 20, 1990. I live on

Eminescu Str, 4, in Chisinau. I’m a single man, no children, and unemployed. I

was fired three weeks ago from “The Family Store” where I worked as a seller-

cashier. Daniel Krylov, store owner, fired me because he wanted us to work

without lunch break when there are a lot of customers in the store. I know my

rights. Also Daniel and I had some misunderstandings few times. Since I was fired

I have more time for my rock band (we get good money for good concerts) and poker games.

In the evening on April, 5, 2014 I was at the gambling establishment “Golden”

which is on Stefan cel Mare Str., # 15. My good friend Feodor Soroka works as a

dealer there. We actually don’t advertise that we’re friends because he works thereand I gamble there. Administration wouldn’t approve of this. But we haven’t had

any problems so far. You can ask him, he definitely would confirm I was there all

evening till midnight. I was playing all night with a few guys (with 4 guys I think).

But I saw them for the first time that night and don’t know their names. We don’ttell each other our names because we don’t want to have troubles. I won a lot that

night. Don’t even know how much. I think more then 5 thousand. I spent somemoney from the very beginning for drinks for me and those guys. It was late when I

went home. I chose to go through Park Alley to make it faster. I stopped at the

trash can, took out money I won from the plastic bag and put them into my inner

pocket. You know, I was afraid the bag could be torn. So I threw the bag to the

trash can and moved on.

And I bought a new electric guitar in the morning, I needed it. They arrested me

when I was coming back home. As far as I know it’s legal to buy guitars. Themoney is mine; I can spend it as I want. I don’t really worry about income cause

someone always needs a seller, there is always some job.


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Testimony of Feodor Soroka

My name is Feodor Soroka. I was born on March, 25, 1985 in Chisinau. I

live on Pushkina Str., #15, ap.23, Chisinau. I’m single, and have no children. I

work as a dealer at the gambling establishment “Golden” which is on Stefan cel

Mare Str., 15.

Roman Rafalovich is a good friend of mine. We’ve been friends for a long

time and we help each other. Roman often comes to “Golden” to play poker, heloves it. And he often wins a lot too.

Roman was at “Golden” late on April, 5, 2014. He came at approximately 8 p.m. and he left approximately at midnight, I think. He was playing poker that

night with four fellows. I’d never seen them before and I don’t know their names. It

was a lucky night for Roman, he won a lot. I can’t say how much exactly, I wasn’t

paying attention.

But Roman was present and was playing all night. I can’t say exactly what

he was wearing; I wasn’t paying attention to this either. We don’t have a cameraat “Golden” because different people visit, people from different departments. No

one needs problems.


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After questioning Feodor Soroka officer Cebotari checked information about

him. It turned out that three years ago, in 2011, Feodor Soroka was registered in

internal affairs as a person who illegally uses drugs. And two years ago, in 2012,he was prosecuted for perjury according to the Criminal Code of Moldova.

Early in the morning on April, 7, officer Cebotari received results of fingerprint

expertise, according to which Roman’s fingerprints, among others unidentified

fingerprints, were found on the surface of the desk in the office. The handles of all

the doors in the store and office didn’t have any fingerprints on them at all. It’slikely that the criminal wiped them with a soft cloth. During the second interview

Roman gave an explanation about those fingerprints. He said he was in the store’s

office only once – when he signed Daniel Krylov’s order of dismissal and sheet

about receipt for his last salary. He touched the table then.

Two plastic bags, navy blue and a black one with golden BMW lettering on it,

were found in a trash can on Park Alley.

On the base of this information investigator Cebotari brought charges against

Roman Rafalovich in committing a theft accompanied with unlawful breaking intoa residence or any other premises or shelter. This crime shall be punishable byimprisonment for a term of three to six years.

Roman’s lawyer began preparation for trial, building the defense on the fact

that the investigator didn’t conduct the investigation properly and conducted

identification in violation of rules established by Criminal Procedural Code.


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Exhibits 1

Photo of Roman Rafalovich from his personal record


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Exhibit 2

Photo of back entrance door


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Exhibit 3

Photo of electric guitar seized from Roman


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Exhibit 4

Photo of money seized from Roman


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Stefan cel

Mare Str.

Eminescu Str.

Park Alley

Pushkina Str.

-

Lantern

-

Trash can

“The Family Store”

Eminescu Str, 4

(Roman Rafalovich’s

apartment)

Park Alley, 8

(Elena Grosu’s

apartment)

Main

entrance

Backentrance

P a r k

«Golden»

Stefan cel Mare,

15

Roman Rafalovich Case Eng

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