D.A. Asks For – And Gets – Another Delay To Respond To Sam Kellner’s Motion To Dismiss
Samuel Kellner allegedly bribed a witness to testify against Lebovits, using them to try to extort money from Lebovits’ family. But
it turned out that the Brooklyn D.A.’s star complaining witness against Kellner
perjured himself. And, because that complaining witness was also
demonstrably a victim of Lebovits, there arguably can be no charges based on his
testimony. Therefore, many observers believe the D.A. is simply trying to delay his response until after the primary election, which takes place one week from today, or, if possible, past the general election itself.
D.A. Asks For And Gets Another Delay To Respond To Sam Kellner’s Motion To Dismiss
Shmarya Rosenberg • FailedMessiah.com
Prosecutors working for Brooklyn District Attorney Charles J. Hynes late last week asked for and got an additional two weeks to respond to Samuel Kellner's motion to dismiss.
Prosecutors have now extended the need to respond for seven weeks, carrying the response past the September 10th primary – which many observers believe is Hynes’s actual goal, followed by the hope that he can delay the response past the general election which takes place later this fall.
Kellner was accused by Hynes of extorting the family of Rabbi Baruch Lebovits, a well-known alleged child sex abuser who was tried and convicted, only to have his conviction set aside on a technicality.
Hynes insists Lebovits will be retried, but many months have passed without that new trial taking place.
Kellner allegedly bribed a witness to testify against Lebovits, and tried to extort money from Lebovits’ family.
But it turned out that the D.A.’s star complaining witness against Kellner apparently perjured himself. And, because that complaining witness was also demonstrably a victim of Lebovits, there can be no charges based on his testimony.
Hynes only other piece of evidence is a secret recording made by the Lebovits family of Kellner allegedly extorting them. But the D.A.’s translation was inaccurate and did not reflect the Hungarian dialect of Yiddish Kellner and Lebovits’ son were speaking. When that dialect is taken into account, the tape’s meaning changes, further weakening the D.A.’s case.
Hynes prosecutors tried to hide their star witness’ perjury from Kellner’s attorneys, and only turned over information related to it long after they allegedly had it, late on a Friday afternoon, after a witness came forward to Kellner's lawyers and to the Jewish Week. Kellner’s trial was set to begin that Monday morning.
Kellner has repeatedly asked for the trial to begin or for charges to be dismissed.
Prosecutors have instead asked for repeated delays so they can further “investigate” their witness’ apparent perjury. The witness is currently in Israel, where he is reportedly being financially supported by prominent supporters of Rabbi Boruch Lebovits.
Hynes has publicly insisted that he still has a "substantial case" against Kellner, making his need to delay responding Kellner's motion to dismiss – and the trial itself – suspect.