lohud.com

Sponsored by:

Completely Legal

Go behind the bench to examine the courts and cases in the Lower Hudson Valley.

No Bartlett decision on Silber-Dale case

March
19

Rockland-assigned Judge Catherine Bartlett has again delayed a decision on whether she will oversee the sexual abuse trial of fired Ramapo Police Officer Andrew Dale and Monsey businessman Zalman Silber.

If this sounds familiar, it’s because Bartlett has put off such a decision for the third time. On Monday, the acting state Supreme Court judge reset decision day for March 30.

Bartlett raised the issue of recusal last month. She told the attorneys that a woman started talking to her at a luncheon and then brought up a divorce case. It so happens, the divorce case involved Silber.

Dale and Silber are accused of performing gynocological medical exams on a woman once married to Silber. The Ramapo fired Dale over the accusations, but he’s fired a lawsuit seeking monetary damages. Silber faces similar charges of performing medical exams on women in Manhattan.

Rockland prosecutors  James Mellion and Kevin Gilleece believe Bartlett recused herself and taking it back creates potential appeal issues. They  believe another judge should be appointed.

Dale’s lawyer, David Goldstein,  and attorney William Aronwald for Silber disagree, saying the judge correctly made public the issue and can handle the case.

The case likely has added to the frosty relations between the judge and District Attorney’s Office. Not only has Bartlett tossed out 24 misdemeanor sexual charges and two official misconduct  charges against Dale in this case, she and prosecutors have clashed on legal issues – such as what’s allowable evidence for a jury to hear and what prosecutors and police should turn over to the defense.

The clashes started with the former administration of Michael Bongiorno and the current office led by Thomas Zugibe.

This entry was posted on Thursday, March 19th, 2009 at 3:43 pm by Steve Lieberman.
You can follow any responses to this entry through the RSS 2.0 feed.
Print This Post Print This Post | Email This Post Email This Post

Advertisement

Leave a Reply

Advertisement
About this blog
Journal News reporters blog about the doings in state and federal courts in the LoHud region and beyond.

Subscribe

Daily Blog Email Updates


The Authors



Advertisement
Other recent entries

Links

Recent Comments


Advertisement


Recently Updated LoHud Blogs
Monthly Archives


Bad Behavior has blocked 514 access attempts in the last 7 days.