The New York Daily News reported that a juror in the trial of an accused Chabad molester has claimed the other 11 jurors in the trial were biased against 29-year-old Alexander Rogalsky before any testimony was heard because he is hasidic. Rogalsky was on trial for allegedly sodomizing a 12-year-old boy in Rogalsky’s Crown Heights home a decade ago after serving as the boy’s summer camp counselor in Camp Bnei Menachem.
Lone Holdout Juror In Chabad Molestation Trial Alleges Antisemitism, Says “Something Happened” Between The Alleged Abuser And His Child Victim, But She Isn’t Sure What
Shmarya Rosenberg • FailedMessiah.com
The New York Daily News reported that a juror in the trial of an accused Chabad molester has claimed the other 11 jurors in the trial were biased against 29-year-old Alexander Rogalsky before any testimony was heard.
Rogalsky was on trial for allegedly sodomizing a 12-year-old boy in Rogalsky’s Crown Heights home a decade ago after serving as the boy’s summer camp counselor in Camp Bnei Menachem.
The juror claims the 11 other jurors thought Rogalsky looked guilty even before testimony started. One allegedly called the it a “Jewish trial” and others discussed Judaism in way the 51-year old woman, a Crown heights resident and the only juror not to vote for conviction of Rogalsky, believed to be antisemitic.
"They were saying he was guilty before the trial even started. To them, he looked guilty even before we heard any evidence.…There was a lot of talk about the Jewish religion and one girl said it was a ‘Jewish trial.…I'm hoping that when he's tried again, he'll get a fair trial, she said.
Jurors are instructed not to form an opinion or discuss the case before all evidence in the trial has been presented, both sides have rested and the jury has received its instructions from the judge.
"When an obviously Orthodox Jewish defendant goes on trial, (he’s) facing a subconscious prejudice," Michael Farkas, who represented Nechemya Weberman, the Satmar unlicensed counselor who was convicted last year of molesting a teenage girl over a series of years, said. Weberman is currently serving a 50-year prison term.
"An Orthodox Jew can get as fair a trial as anyone. Frankly, it's outrageous to hear the 'anti-Semitism' card being played regarding the prosecution of Orthodox child molesters,” Ben Hirsch of Survivors for Justice told the Daily News.
A mistrial was declared last week after 11 jurors voted to convict and one juror – this one – voted to acquit.
The alleged victim in Rogalsky’s case, who is now 22-years old, testified during the trial.
Prosecutors also played a recorded conversation in which Rogalsky did not deny he molested the boy when challenged.
“It seemed something did happen between them, but there wasn't enough evidence [to convict],” the lone holdout juror said.
When “something happens” between a 12-year-old boy and 19-year-old adult, it is always a crime because the boy is too young to be able to consent and the adult is an adult – a fact the Daily News did not report.
The Daily News also does not quote any specific antisemitic remarks the other 11 jurors were supposed to have made or explain what it was about the Jewish religion the jurors allegedly discussed.
Jurors’ identities are secret and a reporter can normally only have contact with a juror if the defense, the prosecution, or a juror contacts them.
It is not clear how the Daily News established contact with the holdout juror, although the Daily News does claim that she contacted Rogalsky’s defense team to recommend that at his re-trial, Rogalsky look “less Jewish.”