The Zalman SIlber- Andrew Dale case just went before a state Appellate Division panel in Brooklyn,
But the subject matter centered on Judge Catherine Bartlett, not the sexual abuse charges accusing Dale, the fired Ramapo police officer, and Silber, the Monsey businessman, of doing medical exams on the former Mrs. Silber.
The appellate case focuses on the Rockland District Attorney’s Office’s appeal of Bartlett’s decision to continue overseeing the trial, which remains in the pre-trial hearing stage.
The issue focuses on Bartlett revealing in February that during a luncheon a woman started telling her the ugly details of a divorce case and, as it turned out, it was Silber’s divorce case.
Rockland District Attorney Thomas Zugibe, citing court transcript, argue Bartlett recused herself when she said in court, ” But … I feel at this time that it would be improper for me to continue sitting on this case. So as far as this court is concerned, to avoid the appearance of improper communications and to avoid the appearance of impropriety, I am going to be recusing myself from this case.”
Bartlett wrote in a decision staying on the case that the prosecution was mistaken in its interpretation that she recused herself.
“The people are mistaken,” Bartlett wrote. “The record is clear that at no time in the proceedings did the court state that it had disqualified itself.”
Dale’s lawyer, David Goldstein, said he had urged her to stay on the case. Silber’s lawyer, William Aronwald, later agreed. They argued she did the right thing by informing the lawyers of the conversation and they believe she can try the case without any bias.
Goldstein today called the DA’s appeal ridiculous and predicted the Appellate Division would reject the prosecution’s argument. He noted that an advisory panel for the courts recommended that Bartlett stay with the case.
The panel is likely to rule on April 17, so the DA’s request for a stay of the evidentiary hearing scheduled for April 20 was not necessary.
“All this is a ploy to get get off the case,” Goldstein said. “This is all going in one direction and that’s to retain her on the case.”
The scheduled April 20 hearing before Bartlett will center on information obtained against Dale, and if it came from his disciplinary hearing that led to Ramapo firing him. He was fire the day after the DA’s office announced his indictment in August. The defense contention is that Dale’s testimony was given under threat of dismissal.
Prosecutors contend their detectives obtained the information – including recorded conversations – long before the disciplinary hearing. They contend they did nothing improper.
Dale and Silber each face four felony counts of unauthorized practice of a profession and fourth-degree aggravated sexual abuse.
Bartlett previously dismissed 24 misdemeanor sexual abuse charges and two counts of official misconduct against Dale. She ruled that anyone could commit sexual abuse and the fact that Dale was a public official does not make it misconduct in office. Without the misconduct count, the sexual abuse counts failed to meet the statute of limitations.
Bartlett and Rockland prosecutor Thomas Zugibe and his successor have had a contentious relationship on legal issues and her decisions. Bartlett has been critical of several prosecutors in court and before grand juries.