Judicial Reports: LexPress: Berry in Charge

By Jason Boog
Posted 03-20-2007 

The trial for former Brooklyn Supreme Court Justice Gerald P. Garson opened yesterday, and LexPress had a front-row seat as metaphors, accusations, and denials swirled. 

 

BLOCK THAT METAPHOR!
The Garson trial began with acting Supreme Court Justice Jeffrey G. Berry demonstrating an independent authority in the corruption case — Berry is a famously roving justice who is often called upon for the toughest state assignments — allowing newspapers to photograph the defense attorneys and prosecutors during opening arguments. When the defense moved to stop him, Berry deftly reminded the court of his handling of an infamous ax-murder conviction last year. “In that case," he said with a quiet force, "all my [photography] rulings were not challenged and were not reversed."

Armed with a slate of videotape and wiretap evidence from the judge's office, the prosecution relied more on visual proof  than elaborate arguments to suggest that Garson is guilty of third degree bribery and six counts of receiving reward for official misconduct. “What you will see in that robing room will shock you,” said Joseph P. Alexis, the Assistant District Attorney who delivered opening remarks. “[Siminovsky] dropped ten $100 bills on his desk. You can watch him as he handles the money. You would expect when Mr. Siminovsky gives him the cash, when he gives him the cigars, you would expect Mr. Garson to say, ‘No! This is illicit!’ ”

In his passionate opening argument, Michael S. Washor bashed the prosecution’s case as an “unequivocal, absolute lie.” He then juggled a flurry of metaphors, comparing the case against Garson to a baited fishhook, a movie script, a trap, and a television show. He spent time attacking the credibility ofSiminovsky, the lawyer who had spent $10,000 on meals and drinks for the judge but then helped prosecutors build a case against Garson. “I tell you with no uncertainty whatsoever, after they made a deal with the snakes of our society . . . [the DA] went and made a movie,” he said, insisting that the case was rigged from the first moment Siminovsky went into Garson’s office with a wire.

The courtroom was packed with protestors from National Organization for Women of New York state, a group of activists dedicated to keeping judges from abusing their power, especially in family courts and matrimonial parts such as Garson’s former post. “Indicted Judge Gerald Garson got caught, but what about the rest of the judges in New York State?” said Nancy Marin, one of the activists, in her statement.

NEW LOBBY ECONOMY
Five thousand lobbyists earned more than $150 million in New York last year. The state’s famously large lobbying expenditures rose by $2 million last year, The New York Law Journal reports while exploring findings from the New York Temporary State Commission on Lobbying. Oddly enough, the average amount of money spent on individual lobbyists dropped to $46,078 — a steep plunge considering the 2004 average was $64,748. "When it comes to lobbying and the business of lobbying, the rich are getting richer . . . while, at the same time, the clients are getting smarter,” explained David Grandeau, the executive director of the commission.

 
BELL SHOOTING TRIAL OVERSEER
The Daily News trumpets the tough record of Queens Supreme Court Justice Arthur Cooperman, a former Assemblyman with only two years left before mandatory retirement. Cooperman is the judge tapped to handle the Sean Bell manslaughter case. He will be supervising what will likely be the borough’s most notorious trial this year, putting the three cops charged in the killing of the young African American man outside a Queens strip club on trial. Interestingly enough, Cooperman has handled three trials involving defendants who shot or injured police officers, most notably sentencing Jay Harrison to 52-years-to-life in prison after he was convicted of murdering two police detectives. The opening date for the Bell shooting trial is set for April 11.

 
ENRON SUIT SETBACK 
Enron shareholders took a hit in New Orleans yesterday, watching a federal judge overturn the class action status of their lawsuit against the troubled utilities company. The New York Post reports that the U.S. Court of Appeals for the Fifth Circuit reversed the decision written by U.S. District Judge Melinda Harmon that would have allowed the shareholders to sue, as a class, the investment banks that allegedly participated in the accounting fraud that accompanied the collapse of the company. The reversal rested on the power of class action suits as the Circuit Court wrote: “As we have recognized, class certification may be the backbreaking decision that places 'insurmountable pressure' on a defendant to settle, even when the defendant has a good chance of succeeding on the merits.”

Posted by Jason on March 20, 2007 09:11 AM to Judicial Reports