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Bartlett Delays Decision on Silber-Dale Case

March
2

Judge Catherine Bartlett didn’t publicly disclose today whether she will remain on the Andrew Dale-Zalman Silber sexual abuse case.

But the judge asked Silber and Dale to sign letters from the defense attorneys presented to her that stating she did not have to recuse herself from overseeing the trial. Bartlett then scheduled her decision for March 16, in two weeks.

Bartlett raised the issue of recusal earlier this month. She  told prosecutors and defense lawyers that she had been speaking to a woman who all of a sudden began talking about Silber’s divorce.

Dale and Silber are accused of performing gynocological medical exams on a woman once married to Silber. Dale was fired as a Ramapo police officer over the accusations, while Silber is a Monsey businessman who faces similar charges of performing medical exams on women in Manhattan.

Bartlett told the lawyers she immediately cut the unnamed woman off, but the woman created a potential conflict in the judge’s estimation.

Prosecutors believe she recused herself and can’t recant without opening the door on appeal. The District Attorney’s Office already has asked for a successor judge, prosecutor James Mellion said.

Defense lawyers counter she just raised the issue of recusal and properly advised both sides of a potential conflict.

Having Silber and Dale sign the letters stating they want her on the case could mitigate issues on appeal, said David Goldstein, who represents Dale.

Mellion said he and co-prosecutor Kevin Gilleece are ready for trial and await Bartlett’s decision.

This entry was posted on Monday, March 2nd, 2009 at 5:00 pm by Steve Lieberman.
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