Friday, May 20, 2005
Cases dismissed in cornerstone arrests; plaque blowtorched days later
The cases against the various people arrested last December 15th in connection with the confrontation over the plaque at 770 were essentially concluded last Thursday (April 7th), as the defendants all received Adjournments in Contemplation of Dismissal (ACDs). This disposition means that if the defendant is not arrested for other crimes for the next six months, charges will be dismissed – a virtual certainty under the circumstances.
The ACDs were conditional in the cases of those who were charged with the felony of second-degree assault against police officers, as well as for those charged with inciting to riot (a shliach from Flatbush, arrested December 19th) and with petit larceny (one of the bochurim, arrested November 4th, involved in the original switching of the longstanding plaque for a new one). The condition was that they successfully complete an eight-week program being designed by the District Attorney’s office, modeled after secular anger-management programs but tailored for religious individuals.
“It’s a mashpia-type program,” said George Farkash, attorney for the defendants.
Regular anger management programs are structured for people who have trouble controlling their anger against, for example, a spouse or co-worker, he explained. These defendants, however, and people like them, are ordinarily calm, controlled people whose behavior was motivated by anger over a religious dispute. “It’s very hard for a secular person conducting a mainstream anger management program to tell people like that, ‘Control yourself,’” said Mr. Farkash. “In this program, religious leaders conduct the sessions.”
“The DA, in a very wise decision, is devising a program, into which I have input, into which [Lubavitch] community leaders have input, to address these issues,” the attorney noted. However, he declined to identify which community leaders were involved.
Mr. Farkash attributed the dismissals to his and the community’s having been able to satisfy the police that “we can contain this”; that there won’t be any more assaults or similar conduct and that the dispute will be resolved peacefully within the community. The police were willing to go along with that, he said, and no civil suits are pending or monetary settlements exchanged with the injured police officers.
During the night following Sunday April 10th, a person wearing a mask inflicted significant damage to the Plexiglas covering the plaque, and may even have harmed the plaque itself. The guard, who was in the security booth at the time, called police and the vandal fled as they approached. Asked about this, Mr. Farkash said he had not heard about the incident. “However,” he stated, “I am certain that if the police catch somebody, they will be prosecuted” vigorously, and will not be able to expect the same result as his clients received.
After last Thursday’s decision, the only case that now remains pending in connection with the plaque is the ongoing civil lawsuit in which Merkos and Aguch are battling Congregation Lubavitch, Inc. for control of 770. That case, which had been scheduled to resume April 13th, has been adjourned until May 25th.
The cases against the various people arrested last December 15th in connection with the confrontation over the plaque at 770 were essentially concluded last Thursday (April 7th), as the defendants all received Adjournments in Contemplation of Dismissal (ACDs). This disposition means that if the defendant is not arrested for other crimes for the next six months, charges will be dismissed – a virtual certainty under the circumstances.
The ACDs were conditional in the cases of those who were charged with the felony of second-degree assault against police officers, as well as for those charged with inciting to riot (a shliach from Flatbush, arrested December 19th) and with petit larceny (one of the bochurim, arrested November 4th, involved in the original switching of the longstanding plaque for a new one). The condition was that they successfully complete an eight-week program being designed by the District Attorney’s office, modeled after secular anger-management programs but tailored for religious individuals.
“It’s a mashpia-type program,” said George Farkash, attorney for the defendants.
Regular anger management programs are structured for people who have trouble controlling their anger against, for example, a spouse or co-worker, he explained. These defendants, however, and people like them, are ordinarily calm, controlled people whose behavior was motivated by anger over a religious dispute. “It’s very hard for a secular person conducting a mainstream anger management program to tell people like that, ‘Control yourself,’” said Mr. Farkash. “In this program, religious leaders conduct the sessions.”
“The DA, in a very wise decision, is devising a program, into which I have input, into which [Lubavitch] community leaders have input, to address these issues,” the attorney noted. However, he declined to identify which community leaders were involved.
Mr. Farkash attributed the dismissals to his and the community’s having been able to satisfy the police that “we can contain this”; that there won’t be any more assaults or similar conduct and that the dispute will be resolved peacefully within the community. The police were willing to go along with that, he said, and no civil suits are pending or monetary settlements exchanged with the injured police officers.
During the night following Sunday April 10th, a person wearing a mask inflicted significant damage to the Plexiglas covering the plaque, and may even have harmed the plaque itself. The guard, who was in the security booth at the time, called police and the vandal fled as they approached. Asked about this, Mr. Farkash said he had not heard about the incident. “However,” he stated, “I am certain that if the police catch somebody, they will be prosecuted” vigorously, and will not be able to expect the same result as his clients received.
After last Thursday’s decision, the only case that now remains pending in connection with the plaque is the ongoing civil lawsuit in which Merkos and Aguch are battling Congregation Lubavitch, Inc. for control of 770. That case, which had been scheduled to resume April 13th, has been adjourned until May 25th.
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