The Corner!

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The (occasional) Daily Chuckle! 4-24-08

Posted by lordcomicguy on April 24, 2008

Burden Of Proof Aids ‘Weekend At Bernie’s Bandits’

Men Accused Of Taking Dead Friend To Cash His Check Cleared Of Charges

Medical Examiner Unable To Determine When Man Had Died

NEW YORK (CBS) ― Two men accused of pretending their dead friend was alive so they could cash his Social Security check were set free because officials couldn’t actually confirm the man was dead in the first place.

CBS 2 first caught up with the so-called “Weekend At Bernie’s” bandits, David Daloia and James O’Hare, who are both senior citizens, when they were arrested in January. Police said the pair wheeled their deceased pal Virgilio Cintron – who was later actually pronounced dead – into a Hell’s Kitchen Pay-O-Matic to cash his $355 check.

Three months later, both Daloia and O’Hare are free men and cleared of all criminal charges, contending they didn’t do anything wrong.

“I didn’t know he was dead. If I knew he was dead, I apologize,” Daloia told CBS 2.

Yes, Daloia insists he had no idea his friend was dead.

“I thought he was sick. My fault,” Daloia said. “There was no rigormortis, there was nothing. He was his normal self.”

And Daloia himself admits it’s a story that’s hard to believe.

“I’m not that stupid, am I?” he said.

It turns out that Cintron was “very dead” at the Pay-O-Matic, but the medical examiner could not determine his exact time of death, leaving open the possibility he could have been alive when the ill-fated trip began. That’s why the charges were dismissed.

“Let me tell you something. The medical examiner doesn’t know when he died. How do you expect me to know,” Daloia said. “I’m not even a layman.”

As for what he and O’Hare were doing trying to cash their friend’s Social Security check? Daloia said that’s what they did sometimes, but more specifically, they needed the money for entertainment purposes.

“HBO,” Daloia admitted, though he wouldn’t elaborate further. “Look, they split the apartment. All I did was carry the guy.”

O’Hare could not be reached for comment on the issue.

The medical examiner determined Cintron died from complications related to Parkinson’s disease.


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