NEW YORK
The Jewish Week
07/08/14
Hella Winston
Special Correspondent
On the eve of convicted child molester Baruch Lebovits’ sentencing, a lawyer for Sam Kellner is asking both the judge and probation officer to consider Lebovits’ other alleged victims as well as alleged witness intimidation, tampering and perjury committed by Lebovits’ associates in connection with both his and Kellner’s prosecutions.
In separate letters, the lawyer, Niall MacGiollabhui, cites “well-established” case law that allows the court to consider not only prior offenses for which a defendant was convicted, but also those for which he has not been convicted.
“Once [this information is] considered,” MacGiollabhui writes, “I submit [that the court] will find that the currently promised sentence is woefully inadequate.”
Lebovits has pleaded guilty to felony sex abuse charges and is expected to be sentenced on July 9 to two years in prison; with credit for time served and good behavior he is expected to serve only several months. Legal observers say it is extremely rare that a judge would adjust the sentence based on such a pleading.
Kellner was charged in 2010 with paying a young man, referred to in court documents as MT, to fabricate abuse claims against Lebovits and attempting to extort the Lebovits family through emissaries. However, the case against him was dismissed in March after a reinvestigation by the new Brooklyn district attorney, Ken Thompson, found that the witnesses lacked credibility.
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