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August 2007

Ex-NY Judge Makes Bid to Get Out of Prison

New York Lawyer, By Daniel Wise, New York Law Journal

8-6-07 -- Ex-Brooklyn Justice Gerald P. Garson, 74, who began serving a minimum 3-year prison term on June 28, filed a habeas corpus application last Thursday in the Eastern District challenging his denial of bail pending appeal as a violation of due process. . . . Because of his age, frail health, and substantial legal claims, Mr. Garson contends that Appellate Division, Second Department, Justice Edward D. Carni (See Profile) violated Mr. Garson's due process rights when the judge denied his bail application on June 20. Mr. Garson also contended that he is being hampered in assisting his lawyers with his appeal because he is being held in Mid-State Correctional Facility near Utica, about a five-hour drive from New York City.

Probe of Garson wife gets a push

By Nancie L. Katz, Daily News Staff Writer

8-8-07 -- She's the last Garson on the Brooklyn bench, and NOW wants her off. . . . Four months after filing a complaint against Brooklyn Civil Court Judge Robin Garson, the National Organization of Women wants to know why the state's judicial watchdog hasn't moved. . . . In a letter last week, NOW's state president, Marcia Pappas, asked the Commission on Judicial Conduct to take action to remove the wife of convicted divorce Judge Gerald Garson. . . . "Several individuals have questioned why Robin Garson is still a sitting judge, and if any taxpayer money was spent for [her] during her husband's lengthy trial," Pappas wrote. "We wonder how much taxpayers' money will be saved if this commission had done any investigation of prior improprieties with the Garson family." . . . The commission began probing Robin Garson four years ago after she told a grand jury that Brooklyn Supreme Court Justice Michael Garson - her husband's cousin - confessed to improperly taking $100,000 from his elderly aunt. . . . Michael Garson, who resigned in December, has been indicted on grand larceny charges for allegedly looting the nearly $1 million fortune his Aunt Sarah Gershenoff saved over 50 years as a legal secretary. . . . His trial is expected in October.

June 2007

Humbled by Scandal, Judge Begins Prison Term

By Michael Brick

6-29-07 -- He was expected by 10:30 yesterday morning, 11 at the latest. The camera crews lay in wait, taking aim at the stairwell on the second floor of the courthouse in Brooklyn. Above them a video screen offered a distraction, something concerning the plight of a famous hotel heiress. . . . Ten-thirty came and passed. . . . The cameramen were watching for Gerald P. Garson, once a judge, beaten and convicted now by a system he had corrupted, due to surrender to the custody of corrections officers. . . . Ten-forty came and passed. . . . Any sense of urgency seemed muted by the time already gone by, the years of intrigue as Mr. Garson had sought but failed to give prosecutors more dazzling prey, the years of delay as he had undergone surgery and finally the weeks of trial ending in a conviction for taking bribes to manipulate divorce cases, and a sentence of 3 to 10 years in prison. . . . Still more weeks had passed as he was set free to appeal. Lawyers for Mr. Garson, 74, sought to delay his sentence on account of the death of his granddaughter, the care of his mentally retarded grown son and his own precarious health.

Crooked Judge Gets Jail Break

By Alex Ginsberg

6-22-07 -- It looks like Gerald Garson won't be going to prison just yet. . . . A day after the disgraced former judge was ordered to surrender and serve his 3-to-10-year sentence, Justice Jeffrey Berry granted an extension until July 5 so that Garson can go into detox. . . . If the ailing, alcoholic 74-year-old Garson isn't enrolled in a detox facility by today, however, Berry will demand he report to court Tuesday, the original surrender date.

Former N.Y. Judge Loses Bid to Delay Prison Term During Appeal

Convicted of bribery and related crimes, Garson is due to surrender on Tuesday

Daniel Wise, New York Law Journal

6-22-07 -- An appellate judge ruled Wednesday that convicted ex-Supreme Court Justice Gerald P. Garson of Brooklyn must go to prison even as he appeals his three- to 10-year sentence for bribery and related crimes. . . . Garson, 74, who handled divorce cases during his six years on the bench, will surrender to begin serving his sentence on Tuesday. . . . In a brief four-paragraph order, Justice Edward D. Carni of the Appellate Division, 2nd Department, denied without explanation Garson's request for a stay pending appeal and dissolved an earlier order that had allowed the ex-judge to remain free on $15,000 bail while his stay application was decided. . . . "We are very concerned about Justice Garson's medical condition" and are exploring "other legal options," Garson's lawyer, Jeremy Gutman, said Wednesday. . . . "We have raised very extensive, substantial issues, and are confident Justice Garson will be vindicated on the appeal," he added. Gutman said he had advised Garson not to make any comments to the media.

This Judge Is No Longer Rated

By Sewell Chan

6-08-07 -- Gerald P. Garson, the disgraced former State Supreme Court judge, has been sentenced to 3 to 10 years in prison for bribery and official misconduct, as Michael Brick reported yesterday. . . . His lawyers, who are planning an appeal, might want to consult a reference work called “New York Judge Reviews and Court Directory,” if they are looking for a character reference. . . . The 770-page 2004-05 edition of the book, which is published by James Publishing Inc. of Costa Mesa, Calif., has a page for Justice Garson, who was still on the bench at the time. Like a Zagat’s restaurant guide for the judiciary, the book contains anonymous reviews by interviewees. Under the section “Temperament/Demeanor,” the guide says: “Nearly every interviewee compliment Judge Garson’s demeanor. ‘He’s pleasant and will let you try your case. He’s excellent — a real lawyer’s judge.’ ‘He’s easy to get along with.’ ‘He can be pleasant.’ ‘He’s nice and very competent.’ Only one lawyer criticized this jurist by saying, ‘[Judge Garson is] tough and can be aggressive and impatient.’”

What They’re Saying

The Wonkster, Gotham Gazette

6-6-07 -- The Daily News cheers the prison sentences for former Brooklyn Democratic Party boss Clarence Norman and bribe taking judge Gerald Garson. “Good riddance to both of them - maybe they can share a ride to Dannemora or sit next to each other in the license plate workshop,” the paper crows. But on a more sober note, the editorial questions how much things have changed in King’s County: There is a new leader, Vito Lopez, and new judges, like his girlfriend’s brother, Jack Battaglia, whom Lopez put on Brooklyn Supreme Court last year. Thus it is ever until New York changes the way judges are picked.”

Former Brooklyn Officials Surrender for Prison Terms

By Michael Brick, NY Times

Pool photo by Mary Altaffer Gerald P. Garson, a former justice of State Supreme Court in Brooklyn, wept as he spoke before being sentenced for bribery.

6-6-07 -- One man helped lead the State Assembly and controlled the Brooklyn Democratic Party, the largest such organization east of Chicago. The other presided over matrimonial cases in the borough, deciding hundreds of child custody or family finance disputes. Both left court in handcuffs yesterday to begin serving prison sentences for corruption. . . . The deposed officials, former Assemblyman Clarence Norman Jr. and former Justice Gerald P. Garson of the State Supreme Court, surrendered voluntarily. They received their fates at separate hearings, conducted in succession before large crowds in a vast ceremonial courtroom. . . . The spectacle neatly book-ended five years of investigations, negotiations, intrigue and trials. In that span, the Brooklyn district attorney has sought to show that seats on the bench were bought and sold in Kings County. . . “Two powerful men, Gerald Garson and Clarence Norman Jr., used the political and judicial systems to line their own pockets and the pockets of their cronies,” said the district attorney, Charles J. Hynes, at a news conference outside the courthouse. He concluded: “It’s fair to say that those who seek to make corrupt deals are constantly looking over their shoulders.”

Ex-Judge Gets 3 to 10 Years for Bribery, Taking Favors

Daniel Wise, New York Law Journal 

6-6-07 -- Former Brooklyn Justice Gerald P. Garson was sentenced Tuesday to 3 to 10 years in prison for bribery and receiving rewards of official misconduct. . . . At the end of a proceeding that lasted more than two hours, Garson, 74, was led out of the courtroom in handcuffs. . . . But before the day was out, 2nd Department Justice Edward D. Carni had issued a temporary stay keeping Garson on $15,000 bail until a full panel can hear his request for a stay pending appeal on June 12. . . . Acting Supreme Court Justice Jeffrey A. Berry told a crowded courtroom that he himself, as well as his colleagues on the bench, have "to bear the stigma of what you did" -- create the perception that "justice could be bought" in Brooklyn. . . . Before pronouncing the sentence, Berry heard a divorce litigant, Sigal Levi, whose case was at the heart of the bribery case say, "I hope and pray to God" that Justice Berry will "give you what you deserve." . . . Garson, 74, also briefly addressed the court, breaking down in sobs several times as he apologized to his former colleagues on the bench and his family.

April 2007

LexPress: FLASH! Garson Convicted

By Jason Boog
4-20-07 -- A cheap fixer is convicted of leaving cigar stains on his bench, a 27-year battle over housing segregation ends in the Bronx, and subpoenas and vendettas fly in Albany as the Dennis Vacco inquiry continues. . ..  One of Brooklyn’s most notorious judges went from posh dinners to the promise of prison Thursday as a jury convicted former Supreme Court Justice Gerald P. Garson of three felonies. . . . After nearly two full days of deliberation, the jury decided that Garson was guilty of a third-degree count of taking a bribe and two second-degree counts of receiving reward for official misconduct. The conviction carries a maximum sentence of 15-years in prison. . . . Those three charges stemmed directly or indirectly from videotaped evidence filmed during a 2003 wire-tapping operation in Garson’s chambers. The jury watched as Garson accepted $1,000 and a box of cigars from Paul Siminovsky, a divorce lawyer who regularly fraternized in Garson’s chambers, bought the judge $10,000 worth of dinners and drinks in exchange for ex parte advice, and ultimately wore a wire as part of a plea deal with the Brooklyn DA’s office. . . . While the disgraced judge fled the courthouse without speaking to the press, Garson’s defense attorney Michael S. Washor bitterly denounced Siminovsky while vowing to appeal. “I don’t apologize to Paul Siminovsky,” he said, “just like I wouldn’t apologize to Hitler or Saddam Hussein.” . . . The lead prosecutor, Michael F. Vecchione, grinned when he spoke of the filmed evidence that won his conviction. He called the tape “academy award winning”— a jab at Washor’s opening statements that compared the hidden-camera evidence to “a bad B-movie.”  . . . Vecchione said that the DA’s probe of judicial misconduct was ongoing. “Any message that was sent was sent with the indictment,” he explained. “People have to do what’s right, whether you’re a judge or an ordinary citizen.” . . . The entire investigation began when a pregnant mother named Frieda Hanimov went to the Brooklyn DA, alleging that Garson’s crooked activities were marring her divorce proceedings.

Key Verdict Does Not End Corruption Inquiry

By Michael Brick

4-20-07 -- Four years ago, the Brooklyn district attorney, Charles J. Hynes, turned against the single-party system he had navigated for decades, vowing to prove that seats of power at the courthouse were bought and sold for envelopes full of cash. . . . Since then, he has earned convictions of the former Brooklyn Democratic party leader, Clarence Norman Jr., on charges of extortion, solicitation of illegal contributions and theft of $5,000 from his re-election committee. Those verdicts cost Mr. Norman the Assembly seat he had held for 23 years and control of the biggest Democratic organization east of Chicago. . . . Mr. Hynes also secured an indictment on grand larceny and other charges, though they were later dismissed, against the Brooklyn Democrats’ longtime executive director, Jeffrey C. Feldman; convicted or won guilty pleas from a divorce lawyer, Paul Siminovsky, and several courthouse assistants; and put judges on notice that their chambers could be wired for surveillance. . . . On Thursday, Mr. Hynes brought the investigation full circle by winning a bribery conviction against Gerald P. Garson, the former State Supreme Court justice who had offered Mr. Hynes his first big break in the broader inquiry.

Jury Finds Former N.Y. Justice Guilty on Bribery Count

Prosecutors' case included videos, body wires and a lawyer who told of buying thousands of dollars in drinks for favors

Daniel Wise, New York Law Journal 

4-20-07 -- A Brooklyn jury Thursday convicted disgraced former Justice Gerald P. Garson of bribery in the third degree and two counts of receiving rewards for official misconduct. . . . In addition to being convicted on the over-arching bribery count, Garson, 74, was convicted on two lesser charges of receiving rewards for official misconduct. . . . On the lesser charges, the jury determined that Garson had accepted a box of cigars from an attorney to whom he had provided ex parte advice on a case and $1,000 for having referred two clients to the same attorney. . . . Both of those episodes were captured on videotape. . . . The jury acquitted Garson of the four remaining counts of receiving rewards for official misconduct, all of which related to his receipt of payments for having referred cases to the attorney. . . . Garson faces a maximum sentence of 15 years in prison.

Judge Is Called Robed Robber or Just the Victim of a Setup

By Michael Brick

4-19-07 -- Nearly half a decade after their investigation began, prosecutors in Brooklyn concluded their case yesterday against a former State Supreme Court justice accused of taking cash and gifts to manipulate divorce cases. . . . The case against the ex-judge, Gerald P. Garson, led to a broad inquiry into political and judicial corruption in the borough, drawing scrutiny to systems of campaigning, patronage and judicial selection. . . . The district attorney, Charles J. Hynes, has pledged to show that judgeships were for sale in Brooklyn, a claim that first emerged after Justice Garson was confronted with the bribery evidence against him in 2003. . . . Justice Garson, 74, was suspended from the bench and later resigned. He has been charged with accepting bribes and taking rewards for official misconduct, crimes that could lead to a maximum sentence of 31 years in prison. His trial was delayed while he sought treatment for cancer and while a pretrial ruling was appealed. . . . Since it opened four weeks ago in State Supreme Court in Brooklyn, the trial has drawn a sizable audience, including people whose cases were handled by Justice Garson and members of the borough’s legal establishment. The defendant’s wife, Rachel Garson, a Civil Court judge, has sat in the front row, handing notes to defense lawyers.

'Pimps' Plagued Garson: Lawyer

By Patrick Gallahue

Sleazy courthouse players were "pimping" Supreme Court Judge Gerald Garson behind his back, the disgraced jurist's attorney claimed yesterday in closing arguments at his corruption trial. . . . In a courtroom performance straight out of "My Cousin Vinny," Garson's bombastic lawyer, Michael Washor, put up no defense witnesses and instead launched into his closing - accusing the government's star witnesses, Paul Siminovsky and an associate, of exaggerating their claims of influence over the judge. . . . "They were selling him, they were pimping him without his knowledge," Washor said, drawing laughs from jurors.

How dare you! she cries, amid Garson's bribe trial

By Nancie L. Katz, Daily News Staff Writer

4-13-07 --A Brooklyn woman burst into tears yesterday as she heard recordings of her divorce judge promising her former husband's lawyer she "won't get s---." . . . "It was painful. It hurt," Sigal Levi said after listening for the first time to secret profanity-laced tapes of Brooklyn Supreme Court Justice Gerald Garson deriding her as he coached his crooked lawyer pal, Paul Siminovsky, on how to win. . . . "He was talking about my children, my life," Levi said. "I came to him for help. What did he give me? He broke up my family, took away my two precious boys. How dare he treat me like that? I'm here to see justice!" . . . Levi's ex-husband, Abraham Levi, has admitted paying a $10,000 bribe to fix his divorce case. . . . Sigal Levi had expected to testify yesterday at Garson's bribery trial, but prosecutors did not call her. Then, in an explosive exchange, defense lawyer Michael Washor demanded she be thrown out of the courtroom because she might elicit "sympathy." The request was denied.

Defense Says Witness Changed Testimony in Judge’s Bribery Case

Told Different Version at Earlier, Related Trial
By Charles Sweeney, Brooklyn Daily Eagle

4-11-07 -- Maybe Gerald Garson fixed a case, or maybe he didn’t — it seems like it depends on who’s asking. . . . Former state Supreme Court Justice Gerald Garson’s defense attorney yesterday continued to attack the credibility of key prosecution witness Paul Siminovsky, a disbarred attorney who wore a wire and obtained incriminating evidence against the former matrimonial judge. . . . At the conclusion of the morning session, defense attorney Michael Washor pointed out a discrepancy between testimony Siminovsky gave at an earlier trial and his statements under oath at this trial. Washor said that Siminovsky had testified at the trial of Nissim Elmann, a Brooklyn business owner convicted of bribery last year, that the divorce case Levy v. Levy had not been “fixed” by Garson. Several days ago in Garson’s trial, Washor pointed out, Siminovsky said the opposite, charging that Garson had indeed fixed the case. . . . Washor called the contradiction “a felony,” and asked state Supreme Court Justice Jeffrey Berry to admonish Siminovsky and dismiss the charges against the former judge.

NY judge charged in hidden-camera sting

By Tom Hays, Associated Press Writer

4-9-07 -- Inside the chambers of Justice Gerald Garson, the cigars were handmade and the language unrefined. . . . In hidden-camera recordings, Garson freely dropped the F-word, used terms such as "ditz" to describe women and doled out advice to a shady divorce lawyer on how to overbill a client: "Squeeze the guy." . . . The short judge with an impish grin also received a $250 box of cigars from the attorney — a scene that's come to symbolize the four-year investigation of courthouse corruption in New York's most populous borough. . . . "What you'll see and what you'll hear went on in that robing room will shock you," prosecutor Joseph Alexis told jurors last month before playing the video at Garson's ongoing trial. . . . The cigars were courtesy of the Brooklyn district attorney, who orchestrated the sting by wiring Garson's chambers with a tiny camera and persuading the divorce lawyer, Paul Siminovsky, to betray his friend in exchange for leniency in his own bribery case.

Prosecutors smell blood - Former Brooklyn judge takes more hits in bribery trial

By Thomas Tracy

4-9-07 -- In a prosecutorial coup de gras, members of the Kings County District Attorney’s office hammered home the final nails in the coffin they’re fitting for former judge Gerald Garson, portraying him as not only a jaded jurist who favored attorneys that plied him with gifts, but also offered recommendations on how to win cases in his court and how much they should charge their clients. . . . Prosecutors spent all day Thursday going over recordings of Judge Garson with attorney Paul Siminovsky, the mole in their fee-for-services case against Garson, who is facing bribery charges.

Prosecutors smell blood - Former Brooklyn judge takes more hits in bribery trial

By Thomas Tracy

4-5-07 -- In a prosecutorial coup de gras, members of the Kings County District Attorney’s office hammered home the final nails in the coffin they’re fitting for former judge Gerald Garson, portraying him as not only a jaded jurist who favored attorneys that plied him with gifts, but also offered recommendations on how to win cases in his court and how much they should charge their clients. . . . Prosecutors spent all day Thursday going over recordings of Judge Garson with attorney Paul Siminovsky, the mole in their fee-for-services case against Garson, who is facing bribery charges. . . . During his time on the stand, Siminovsky told a jury how Garson agreed to his request that his client take the stand for just a day in the divorce proceeding before him after his client’s wife suffered three days of grueling testimony. . . . “He did what I wanted – to limit my client’s testimony,” Siminovsky told Assistant District Attorney Michael Vecchione.

NY Lawyer Pursuing Toilet Question Asked to "Tone It Down" at Ex-Judge's Bribery Trial

New York Lawyer, By Tom Perrotta, New York Law Journal

4-3-07 -- The attorney for Gerald P. Garson, the ex-Supreme Court judge on trial in Brooklyn for bribery, yesterday attacked the character of the prosecution's chief witness. . . . The witness, disbarred lawyer Paul Siminovsky, wore a wire for the Brooklyn District Attorney's Office and has testified to taking Mr. Garson out for dinners and drinks in exchange for advice on cases and court assignments. . . . On the first day of cross-examination yesterday, Mr. Garson's attorney, Michael S. Washor, tried to fluster Mr. Siminovsky and damage his reputation, mostly by recounting Mr. Siminovsky's disbarment and his undercover work for prosecutors. . . . "You lied to this man, your mentor?" Mr. Washor asked. . . . At one point he earned a mild admonition from Justice Jeffrey G. Berry. Mr. Washor was questioning Mr. Siminovsky about his plea to a misdemeanor; when he asked Mr. Siminovsky what date he had pleaded guilty, Mr. Siminovsky asked, "In court?" . . . "No, in the toilet," Mr. Washor replied.

March 2007

Justice Moneybags

By Jason Boog
3-30-07 --The U.S. Supreme Court's grant of review in the New York judicial selection reform case gave Albany an excuse to stop working to change the state's antiquated system. This year was supposed to see the same empty exercises is ceremonial electioneering as years past. So why is Justice Joseph Teresi sitting on a cool one hundred thou? . . . Judicial candidates around the state rejoiced in early March when federal judge John Gleeson, reacting to a U.S. Supreme Court decision to review, stayed his judgment that overturned New York’s judicial convention system and mandated open primaries until the state legislature could find a better solution. . . . It appeared that 2007 would see another ceremonial election cycle with party bosses essentially picking members of the bench. . . . So why have two Supreme Court candidates from the Third Judicial district raised over $151,000 for the 2007 race?

Tapes reveal a potty-mouthed Judge Garson

By Thomas Tracy

3-30-07 --Is it the judge’s chambers or a chamber pot? . . . When it comes to foul-mouthed prattle, Gerald Garson’s robing room should have been called the blue room, prosecutors showed last week. . . . As they mire through the nearly endless video surveillance footage taken from the former jurist’s private sanctuary, prosecutors learned much about the bribes the jurist allegedly received. . . . But they seemed to have learned more about Garson’s thoughts on Jews and overweight women. . . . “Let me tell you something about this job,” the divorce court jurist explained, according to the transcripts of the surveillance footage provided to the press, “One of the greatest things about this job is that I don’t know what the f—k I have tomorrow until I get here.” . . . “I don’t give a sh-t either,” he said, laughing.

Garson's Wire Ire

By Alex Ginsberg

An apoplectic Gerald Garson blew his top when an angry woman filing for divorce threatened to bring reporters to his courtroom, berating her lawyer during a closed-door conference, according to tapes played at the judge's bribery trial yesterday. . . . Garson, then a sitting Supreme Court justice, apparently lost it when the unhappy litigant, Sigal Levi, complained that her estranged husband's turn on the witness stand was too easy. . . . "I don't care!" the judge is heard thundering at Levi's lawyer, Michael Joseph. "I don't care if it's a problem or not a problem. I have the authority and discretion to limit testimony! . . . "And you better tell your client right now that she better keep her Big Mouth Shut! . . . "And don't threaten me. Now get out there and tell her right now!"

Ex-Lawyer Recalls Dealings With Judge in Bribery Case

By Michael Brick

3-28-07 -- Here was the star witness: slumped forward in his chair, sad-eyed, rocking slightly side to side, chastising himself in quiet fits of white-collar shame. . . . “I was disbarred because of criminal acts that I committed,” said the witness, Paul Siminovsky, testifying in State Supreme Court in Brooklyn yesterday, “because of this case.” . . . Put so humbly, Mr. Siminovsky’s admission understated his role in a broad corruption inquiry that has convulsed the political and judicial establishments of Kings County. Here on the witness stand, five years into an investigation that shows no signs of abating, was the lawyer who had led prosecutors to the State Supreme Court justice who had accused politicians and party officials of selling public office in Brooklyn, setting the whole ark to sail.

Ex-Law Clerk Tells of Brooklyn Judge’s Meetings and Gifts

By Michael Brick

3-27-07 -- The judge sat at the defense table. The law clerk sat on the witness stand. The law clerk looked across the courtroom and pointed at the judge. . . . “He’s wearing the, uh, I guess it’s a green suit,” said the law clerk, Lawrence N. Rothbart. . . . Mr. Rothbart himself wore a tight suit and a 5 o’clock shadow. He was testifying yesterday in State Supreme Court in Brooklyn against the judge, his former employer. . . . The judge, Gerald P. Garson, formerly a State Supreme Court justice, has been charged with accepting bribes to manipulate divorce cases. He was suspended from the bench four years ago and is now retired. . . . The case led to a corruption investigation that has occupied the political and judicial establishment of Downtown Brooklyn for nearly half a decade. The trial of Mr. Garson, 74, which had been delayed by appeals and his battle with cancer, began just this month.

In a Judge’s Corruption Trial, Tapes Reveal Tips to a Lawyer

By Andy Newman

3-23-07 -- Judging from the audiotape, Paul Siminovsky’s first day as a government informer was fairly productive. . . . On the morning of Feb. 25, 2003, Mr. Siminovsky, a divorce lawyer, was pulled over in his car as he drove to work by investigators from the Brooklyn district attorney’s office. They confronted him with evidence that they believed indicated he had traded illegal favors with a State Supreme Court justice he frequently appeared before, Gerald P. Garson. . . . Within hours, prosecutors say, Mr. Siminovsky, wearing a wire, was having lunch with his friend Justice Garson at a restaurant near the courthouse, all ears as the judge told him what he and his client should say the next day in court. . . . “Just have him deny a few things,” a speaker identified by prosecutors and an investigator as Justice Garson says on the tape, which was played yesterday for jurors at the former judge’s corruption trial in Brooklyn. It is against judicial rules for a judge to discuss a case with one side without the consent of the other. . . . Mr. Garson, charged with taking bribes and receiving rewards for official misconduct, is the only judge to come to trial so far in District Attorney Charles J. Hynes’s four-year investigation into judicial corruption in Brooklyn. . . . The prosecution’s case relies heavily on tapes of conversations between Justice Garson and Mr. Siminovsky, who says he spent $10,000 wining and dining the judge over several years in return for favorable treatment.

Video allegedly shows Brooklyn judge taking bribes

3-22-07 -- (WABC) Hidden video was played in court on Wednesday that prosecutors claim shows Judge Gerald Garson of Brooklyn accepting bribes from a lawyer. . . . The trial is taking place in the same courthouse where Garson used to preside. . . . Eyewitness News reporter Stacey Sager is in downtown Brooklyn with the story. . . . The soft-spoken man in court today was far different from the cavalier, trash-talking state supreme court justice we saw in a surveillance video. This tape was made in Judge Gerald Garson's robing room back in 2003. Prosecutors in Brooklyn used a hidden camera and a lawyer, named Paul Simonovsky, who cut a deal and wore a wire. . . . First we hear Judge Garson trashing his job. . . . On Tape: "Let me tell you something about this job...one of the great things about this job is I don't know what the f--- I have tomorrow, until I get here ... I don't give a s--- either, you know? ..." . . . But the tapes also contain valuable evidence that prosecutors say will prove Garson was on the take. For instance, you see the lawyer, Simonovsky, handing Judge Garson an envelope with money in it.

Judge’s Coaching of a Lawyer Broke the Rules, Jurors Are Told

By Andy Newman

3-21-07 -- The videotape shows two lawyers, a veteran and a younger man, discussing strategy in a divorce case. . . . “Subpoena the guy,” the older lawyer says about a witness. “We’ll jerk him around and see what happens.” . . . The younger lawyer expresses doubts. The older lawyer tells him that he and his client have nothing to worry about. . . . “The big thing is your guy is going to have a win,” the older lawyer reassures the younger one. The client’s estranged wife, on the other hand, “will walk away with nothing,” the older lawyer promises, using an expletive to describe the effect this will have on her. . . . There are very big problems with this scene, prosecutors say. The older lawyer is the judge hearing the case. The younger lawyer, who plied the judge with free meals and drinks for years, was meeting privately with him in his chambers. The wife’s lawyer was nowhere in sight.

Judge Garson And His Bribery Trial

3-20-07 -- That is absolutely going to be reversed. There is no way that stands. Alright lemme go take a pee...lemme make peepee... I wanna make peepee and poopie and pee pee... . . . Who's that? Why, it's Supreme Court Justice Gerald Garson, taped by the Brooklyn DA's office. Garson is on trial for accepting bribes from lawyers while presiding over divorce cases - and the accusations are incredible. The 74-year-old jurist, who is now suspended, allegedly accepted cash, cigars, meals and more from lawyers who wanted their clients to win. And how was Garson's side business discovered? When a woman wanted to get a "fixer" to bribe the judge because she wanted to win her divorce and child custody case... only to find out that her husband's lawyer already bribed Garson!

Trial Opens for a Former Brooklyn Judge Accused of Accepting Bribes to Fix Cases

By Andy Newman

3-20-07 -- In the four years since Justice Gerald P. Garson was charged with taking payoffs from a lawyer in his Brooklyn chambers, a turbulent chapter of legal and political history has unfolded, with more characters than a Robert Altman movie. . . . Six people have been convicted of or pleaded guilty to crimes linked to Mr. Garson, who was suspended from State Supreme Court in 2003 and has since retired. The longtime head of the Brooklyn Democratic Party, who helped place Mr. Garson on the bench, faces prison time for extortion. Divorce cases that Mr. Garson presided over were reopened. The very method by which Supreme Court judges are nominated in New York was declared unconstitutional. . . . But Mr. Garson himself had yet to face a jury until yesterday, when his trial, delayed by an appeal of a pretrial ruling, got under way in the courthouse where he used to sit. . . . Mr. Garson was charged with receiving bribes and accepting rewards for official misconduct and faces a maximum sentence of 31 years if convicted of all the charges, though at age 74 and after undergoing treatment for cancer in recent months, he seems an unlikely candidate for a long prison term. . . . In his opening statement yesterday, Joseph Alexis, an assistant district attorney, promised the jury a tale of raw injustice, with Justice Garson accepting cash and dozens of free meals from a divorce lawyer, then colluding with the lawyer to deprive unwitting mothers of custody of their children and property. . . . “You’re going to hear Mr. Garson say, ‘In the end, she gets nothing,’ ” Mr. Alexis said.

Caught In The Act! - So What? 

Ron Branson, J.A.I.L. Founder

3-21-05 -- On March 6, just fifteen days ago, J.A.I.L. published a J.A.I.L. News Journal entitled, "Judicial Bribe-Taking, Caught In The Act." Our first sentence stated, "CBS TV has done America a favor by running an expose on the details of Judge Garson taking a bribe on their TV program 48-Hours. Our thanks to CBS."

Now we all know that breaking the rules has consequences. We were all taught this principle from the days when we were a youth. When mom or dad said "NO!" they meant it, and if we violated their orders, we either got our hand slapped, butts beat, or some other form of corporal punishment such as grounding.

Now when we covered the story of Judge Garson being caught red-handed before a camera taking a $1000.00 bribe, we cheered because it is so seldom we actually get to witness on camera a judge taking a bribe.

In our March 6, 2005 J.A.I.L. News Journal we reported an unconfirmed statistic that nearly 30% of all judicial proceedings involve a bribe behind them.

Throughout this nation we have established standards for judges. We call them "The Judicial Canon of Ethics." In these Judicial Canon of Ethics we set forth what all judges are forbidden from doing, or what we require of them, such as, "All judges shall, in every judicial proceeding before them, maintain the appearance of fairness and justice in all matters," or "Every judge shall refrain from unilateral communications with parties to a action that is before them," and "Every judge shall   recuse themselves from cases in which they have a known conflict of interest, or if they feel they cannot impartially judge in the case for whatever reason."

These edicts seem clear enough, and make sense to everyone. But as this follow-up article below regarding the arrest and trial of Judge Garson for bribery goes, it appears that if judges choose to violate such principles, it is a "So What" issue, for these principles are but mere recommendations without criminal penalties.

I dare say that if a set of 10 Commandments were written for judges today, they would be entitled, "The 10 Recommendations." So I ask, "When is the law not the law?" Answer: When the violations thereof are committed by judges. Just imagine if citizens could escape punishment  for violations just like judges. Remember this next time you are charged with driving without a seat belt.

Chamber Of Secrets
CBS News, 48 Hours

2-18-05 -- Frieda Hanimov’sAmerican dream was once a big house in a swanky New York neighborhood. It's a world away from the poverty where she grew up. . . . Her parents fled Russia, emigrated to Israel, and at the age of 18, this young nurse made her way to America. Just a few weeks later, she met the man she would marry, Yury Hanimov, whose business was diamonds. They would have three children, Yaniv, Sharon, and Natti. . . . Life was good.  But after 13 years of marriage, Yuri announced to his wife that his business was failing. The dream house had to be sold, and they moved to a small apartment in Brooklyn. . . . Frieda says her husband told her they had to pretend to be divorced. She claims it was part of a scheme to hide their assets. "He gave me diamonds," she says. "He told me that it’’s worth over $6 million. He told me not to show it to anybody." . . . "They shine. They're gorgeous," adds Frieda, showing Correspondent Lesley Stahl the diamonds. . . . But one day, Yury didn’’t come home. Frieda says he just disappeared with his clothes, and was unreachable by phone. And the diamonds? "Zircon," says Frieda. . . . The diamonds were fake, but the separation papers Frieda signed were real. And she says she had unknowingly signed away her rights to any of her husband’’s assets. . . . "This is a crime. What he did to me was a crime," says Frieda, who hired a lawyer to try to stop the divorce. . . . She pinned her hopes on the wisdom of a New York State Supreme Court justice, Judge Gerald Garson. "He would see that this is a set-up," she says. "And you know, a woman married to her husband, a mother of three, will get her rights." . . . But when she walked into his court, her hopes were shattered. "The judge tells me that I better settle this case and I don’t have any chances," says Frieda. "He told me if I'm not gonna settle, I'm gonna end up in jail.""

The purpose of this website is to help the public become better informed about the judges who may be presiding over their case. This site puts a mirror to those public servants who make-up our courts. Judges can also become better informed about how others (particularly, lawyers) view them. Robeprobe serves as a report card that lawyers and litigants can use to grade the best performing judges and the worst performing judges.

Superior Legal Web Sites to Watch

By Robert J. Ambrogi, Law Technology News

JUDICIAL PROFILES

1-22-07 -- What Consumer Reports does for appliances and Zagat does for restaurants, a new Web site aims to do for judges. Called Judicial Reports, the site offers in-depth profiles of New York state's 328 Supreme Court judges. Eventually, it will add New York's federal judges and, if there is demand, judges in other states. . . . Each profile draws on information available in public records toge