Johnson, 20,  nearly three years after the stabbing, went to the Clarkstown police to finger the stabber. He convinced the police he knew who did it and the cops believed him and were enlisting him as a confidential informant.

Then, Johnson started changing the facts of the story.

First. the Haverstraw resident told them he saw the stabbing at ShopRite off Route 59 from across the road close to the Palisades Center, then moved himself closer and then closer to the scene.  Eventually, Johnson admitted punching the man and stabbing him, adding one of his friends also stabbed him.

His lawyer, Alan McGeorge, said without the confession, there wasn’t much evidence against Johnson.

Neither the victim or another witness could identify the attackers. The victim was grabbed from behind.

A jury at the Rockland Courthouse in New City convicted him Wednesday afternoon of second-degree attempted murder and first-degree assault.

Prosecutor Dominic Crispino said Johnson’s explanation for the stabbing was he was angry after a fight with his father. Apparently his conscience got the better of him and he went to the police, Crispino agreed.

But Johnson’s change of heart will not prevent Crispino from asking state Supreme Supreme Court Justice William Kelly for an extended prison sentence on Dec. 8. Johnson faces five to 25 years for second-degree attempted murder and first-degree assault. He was offered 10 years in prison before trial, so Crispino’s recommendation to Kelly is likely to top that offer.

Prosecutors acted a day after their chief – and only – witness, Sarah Sharon Silber, admitted she had lied on medical and insurance forms, as well as her divorce papers. 

Dale’s defense lawyer, David Goldstein,  then snared her in another lie after she told the judge that she didn’t give massages in New York, where she’s not licensed to rub down bodies. Videos with audio played before the judge showed did three massages in Monsey and The Bronx – results of a sting operation by the defense team of Dale and her accused husband, Zalman Silber.

And her husband’s lawyer, William Aronwald, believes they could have videoed her doing many more massages, since she advertised in New York magazines.

Sarah Silber had accused Dale of performing gynecological, rectal and breast exams on her under strange conditions at her then home in Monsey. The circumstances  included telling her to change  clothing – she chose a evening gown and patterned skirt –  and doing 25 jumping jacks after each of the exams in heels and her underware. She said her then husband watched.

Whether Bartlett believed her  testimony about the examinations, defense lawyers couldn’t say,  but they had gut feelings they were on solid ground.

Aronwald said he believed the judge would have dismissed the case based on the law – there wasn’t evidence to support sexual abuse or practicing medicine without a license. Aronwald said the prosecution’s second mistake was relying on Sarah Silber as the sole witness without obviously vetting her. He said the lies the defense found on her medical and insurance forms were there for the prosecution to find since they had the same documents.

“This case was doomed from the beginning,” Aronwald said. “The DA is in the position of getting an indictment. It’s a tough decision to prosecute. But they didn’t have any corroboration. Dave brought out the lies. Then we had the massage video, which the DA didn’t know about.

“I give them credit  for pulling the plug on this thing before it went any further,” Aronwald said, referring to prosecutors realizing Sarah Silber’s testimony likely convinced Bartlett to dismiss the charges or acquit the two men. He also said his clients claims his former wife threatened to bring charges to  Rockland prosecutors  - and did in December 2007 – after he refused to give her $300,000 more in divorce payments.

District Attorney Thomas Zugibe issued the following statement: “Given the development in court yesterday where it became clear that the complaining witness was untruthful under oath in a collateral matter, and persisted when confronted with incontrovertible proof. the District Attorney’s Office felt it could not longer sustain its burden of proof. Therefore, the District Attorney’s Office moved to dismiss in the interest of justice. The District Attorney’s Office has an obligation to seek justice  and insure that only truthful testimony is advanced in court.”

Bartlett was not enamoured with the prosecution’s case from the beginning or Sarah Silber’s testimony during pre-trial hearings.

The judge  already had dismissed 24 misdemeanor sexual counts before the non-jury trial, as well as several felonies for official misconduct against Dale, who had been accused of doing the exams in his police uniform. She and prosecutors fought over whether  she recused herself from the case after a woman discussed the Silbers’ divorce with her. An appeals panel ruled she didn’t and the judge had the discretion to make that decision.

As for Zalman Silber, he still faces charges in Manhattan on accusations of doing gynecological and rectal exams on Orthodox Jewish women at an expensive Manhattan office that he supposedly rented.

Those charges could go the way of the Rockland case. The  misdemeanor sexual abuse coutns against him were dropped as beyond the statute of limitations, Manhattan District Attorney’s Office said today. He faces felony counts of unauthorized practice of a profession (medicine)  and unauthorized use of the professional title (doctor).

Another hearing for Zalman Silber  is scheduled for Oct. 15 in Manhattan.

Barlett looked up as Emango said, “They just picked him up now. They pushed me away. They are just harassing him.”

Bartlett told the attorney that she didn’t see what happened and there was nothing she could do about it anyway.

“I can’t help you,” she said, adding that Emengo could file a complaint against the Rockland District Attorney’s Office. “I assume they had probable cause.”

Emengo then  left and took the elevator from the fourth floor criminal sector to the fifth floor offices of the District Attorney’s Office in the County Courthouse in New City. He waited.

His client, Emmanuel Odigie, was charged with perjury based on false financial and personal information he filed with a state Supreme Court justice, prosecutor Gary Lee Heavner said.

The filing involved his attempt to unfreeze his bank accounts and other assets that were frozen when prosecutors charged him with underpaying security guards working at the Clarkstown garbage facility – the reason he was before Bartlett. Heavner also said Odigie had been warned that his records were not in order and should refile them. Heavner said Odigie underreported his bank accounts and other assets, as well as filed different birth certifictates.

Emengo said prosecutors had confused his client with another worker with the same name.

Odigie owns Northeast Security Guard Services and is accused of underpaying three guard by $291,573 from September 2004 until July 2008. He paid them $5,50 an hour when the state prevailing wage is $12 an hour, leading Heavner to say Odigie treated his workers, who hail from Africa,  like “indentured servants.”

Odigie was being held on $100,000 bail in the county jail on the perjury count pending a hearing Monday in Clarkstown Justice Court.

Dale is accused of performing medical examinations of the gynecological type on the former wife of a Monsey businessman, Zalman Silber, who will be tried separately.

Dale and Silber are accused of performing exams on Silber’s former wife, Sarah,  under the pretense of insurance coverage. Silber faces similar accusations in Manhattan of giving gynecological exams to women in an office he rented.

Goldstein’s strategy in seeking a non-jury trial could be betting he’s gaining an advantage because of Bartlett’s contentuous relationship with the Rockland District Attorney’s Office.

She already has tossed 26 charges against Dale – two official misconduct counts and 24 misdemeanor sexual abuse counts. She found four felony counts each of fourth-degree aggravated sexual abuse counts and  unauthorized practice of a profession.

However, Bartlett last week denied Goldstein’s motions accusing prosecutors and Ramapo police of collusion. They claimed prosecutors used Dale’s confidential statement to police and video-tapped statement to build a criminal case. Those statements were only admissible in the disciplinary case. The hearing officer recommended a year suspension for Dale, but the Town Board voted to fire him.

Bartlett ruled Goldstein and Dale didn’t provide any evidence to support their contentions.

Sarah Silber will be the prosecution’s chief witness, along with taped recording conversations with Dale. Dale and Zalman Silber have claimed she has lied to get more money from her ex-husband during their divorce.

Opening statements by prosecutors James Meilion or Kevin Gilleece starts today, with Goldstein to follow.

Alfieri  took the bench at 9:30 a.m. today – waiting for attorneys and jail inmates to appear.

The judge also fielded  a personal outside call to the courtroom, apparently – based on his  words in hanging up –  from his mother. Chuckles filled the courtroom as the judge flashed some white teeth with a big smile.

One convicted burglar didn’t bring a smile to Alfieri’s face.

James Nelson, 40, of Spring Valley,  has a record of burglaries. He appeared  in court with a cane in his right hand, shackled at the waist and wearing the jail’s traditional orange jumpsuit.

He underwent two surgeries while in jail on his ankle and leg.

Alfieri sentenced him to 3 1/2 to 7 years in state prison for burglary.

Defense attorney Beth Finkelstein, a former prosecutor, advocated for Nelson, saying he was a licensed electrician and had used his time in prison previously to get training and to improve himself.

She wanted Alfieri to recommend he get drug  treatment during his upcoming prison term.  She said cocaine – his drug of choice – has ruined his life, saying he’s been addicted to a variety of drugs since his teen years.

Nelson thanked the judge for a second chance.

Alfieri didn’t seem to accept his thanks.

“You are not deserving of another chance,”  Aflieri responded. ” You are a thief who breaks into other people’s businesses and homes. That’s your contribution to society.”

Alfieri then discussed Nelson’s bad leg, saying maybe that will slow him down for the police if he ever tries another burglary or even discourage him from burglarizing.

State Supreme Court Justice William Kelly remains off the bench with a bad shoulder.

The judge recently underwent surgery. He is recuperating at home.

Kelly handles criminal and civil cases at the Rockland Courthouse in New City. His cases are on hold until his return.

The decision - which takes effect on Sept. 15 to give the family a chance to appeal – puts Ann and Doris Cole-Hatchard back in line with hundreds of other investors seeking money from the accused financial scammer.

Nicholson, 42,  who grew up in Haverstraw and lived in Stony Point before moving to a multi-million mansion in Saddle River, N.J., faces federal fraud charges of stealing $160 million from more than 400 investors through a Ponzi scheme using his 11 hedge funds. He’s scheduled to appear in federal court in Manhattan tomorrow for a case conference.

Stephen Cole-Hatchard, a police officer, lawyer and elected official, convinced Nicholson to sign the judgment in February confessing he owed Ann and Doris Cole-Hatchard the money based on their investments with Nicholson’s hedge funds. Ann Cole-Hatchard is his wife, while Doris is his mother.

The  federal court appointed receiver, Lee Richards of Manhattan, challenged the confession of judgment signed by Nicholson.

Richards is assigned to search for Nicholson’s wealth and dispose of his properties in an effort to repay investors. His first report found Nicholson has little financial assets – $8,000 in cash  and $39.5 million worth of property – much of which has mortgages and other costs. Richards oversaw the sale of Nicholson’s Southampton house for $25 million – from which nearly $1 million in fees for Richards and others will be paid.

In his decision, Berliner calls Nicholson “Rockland County’s Bernard Madoff.”

As far as the confession of judgment, Berliner wrote in his Aug. 31 decision that the Cole-Hatchard document wrongly cited thousands of dollars in “fictitious” profits orchestrated by Nicholson, rather than just the initial investment. The judge estimated 25 percent was actually money lost, as opposed to alleged profits cited by Nicholson.

The judge also noted the judgment cited Nicholson and his wife, rather than the hedge funds and maangement company that took the investments. He noted there was no evidence the money was given personally to Nicholson to invest.

Nicholson signed the document at his Pearl River office five days before being arrested on federal charges. He came under investigation weeks earlier the Rockland District Attorney’s Office investigators and federal officials because many of his investment checks bounced.

In court papers, the Cole-Hatchards and Richards exchanged allegations of impropriety and questioned each other’s motives. Berliner wrote he would not discuss those issues and just focus on the legal questions.

State Supreme Court Justice Margaret Garvey reversed herself after a hearing today for Romanowski and his supporters explained alterations to his nominating petitions.

Garvey originally nullified the petitions but the Appellate Division on appeal ordered her to hold a hearing and consider evidentiary evidence. State election law allows nullification if the change goes unexplained. If there’s an explaination, the petition could be held valid.

Garvey ordered another hearing Tuesday on whether Romanowski’s petitions were notarized by a supporter, Michael Parietti, licensed to be a notary by New York. Lawyers for St. Lawrence and the Ramapo Democratic Party challenged the notarization.

The question comes down to whether Paretti has a business in New York since he moved out of the state and then moved back. The question is whether his notary license is still valid because he moved.

GOP Elections Commission Joan Silvestri said Garvey ordered Romanowski back on the ballot, pending the results of Tuesday’s hearing. The Rockland Board of Elections had upheld his petitions before the papers were taken before Garvey.

SIlvestri said the board is facing a deadline for the Sept. 15 primary to get ballots prepared for voters. If Garvey boots Romanowski from the ballot on Tuesday, then the county will pay the expense of making the changes, she said.

“It’s costly,” she said. “We have to follow the court’s order.”

A state Appellate Division panel yesterday told Supreme Court Justice Margaret Garvey to allow Robert Romanowski  a hearing. He can then offer evidence to explain the alterations on his nominating petitions.

Garvey scheduled the hearing for tomorrow morning in her courtroom at the Rockland Courthouse in New City.

Garvey had ruled the uninitialed and unexplained changes to witnesses statements disaqualified Romanowski’s petitions. The decision also booted Mark Lehr from the Republican primary ballot for town judge. He remains off the ballot even the appellate panel decision.

State election law allows nullification if the change goes unexplained. If there’s an explaination, the petition could be held valid.

“Romanowski was not afforded an opportunity to offer evidence relating to these alterations,” the panel ruled. “Under these circumstances, we remit the matter to the [*2]Supreme Court, Rockland County, for an evidentiary hearing on the uninitialed alterations at issue, and thereafter for a new determination of that branch of the petition which was to invalidate the designating petition insofar as it relates to Romanowski.”

Garvery’s ruling left Ramapo Supervisor Christopher St. Lawrence, a Democrat, running unopposed on the Republican ballot line. Romanowski wants to challenge St. Lawrence for the GOP line.

Romanowski remains off the ballot until he petitions Garvey for a hearing.  Garvey could decide against him at the hearing.

The Rockland Board of Elections had upheld his petitions before the papers were taken before Garvey.

The Appellate Division ruling is here.

Acting state Supreme Court Judge Catherine Bartlett didn’t find Victor Dempsey not guilty of criminal charges, but her ruling provided the same result of dismissing the charges.

Bartlett issued a trial order of dismissal involving the case against Dempsey, charged with first-degree gang assault and other charges. Her decision came weeks after the non-jury trial ended when the defense attorney asked that the case be dismissed for failing to sufficiently prove the charges.

Bartlett dismissed the indictment counts without a verdict on Wednesday because she viewed the evidence was insufficient to support the charges.
———-

Acting state Supreme Court Justice Catherine Bartlett today announced she found Victor Dempsey not guilty of first-degree gang assault charge resulting from a fight between two street gangs at a Spring Valley apartment building in December.

Six other men had pleaded guilty to the charge and received state prison sentences from Bartlett, who heard testimony and saw evidence, including surveillance tapes, in a non-jury trial by Dempsey.

After several weeks of delays, Bartlett announced her verdict but did not issue a written decision outlining her reasoning, other than to say the prosecution failed to prove its case. Bartlett had allowed statements and other evidence against Dempsey following pre-trial hearing.

Her decision is final and non-appealable. Defense lawyer David Narain didn’t return telephone messages seeking comment.

District Attorney Thomas Zugibe said he was working on a statement. Prosecutor Stephen Moore was on vacation and didn’t attend the verdict announcement.