NEW YORK
New York Daily News
Brooklyn judge cites recent Supreme Court ruling while tossing cellphone evidence against man accused of taking picture of sex abuse victim on witness stand
Tuesday, August 26, 2014
BY OREN YANIV
A case centered around an improper digital image that captured a sex abuse victim on the witness stand is its last throes after a Brooklyn judge threw out all the evidence Tuesday.
Relying on a landmark U.S. Supreme Court decision from two months ago — establishing that a search of a cell phone requires a warrant — Criminal Court judge Michael Gerstein found that the photo recovered from the phone of Yona Weissman, 24, cannot be used against him at trial.
The picture showed an 18-year-old Orhodox Jewish woman testifying against her former religious counselor Nechemya Weberman, who was convicted of molesting her following a closely-watched trial in 2012.
The contempt case involving the photograph garnered extra attention because one of the codefendants was weirdly named Lemon Juice.
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