Sam Kellner has a trial date on Tuesday, November 12th. This is great news for Sam because the prosecution cannot afford to have the trial happen. It will make it obvious, once and for all, that there was never a legitimate reason to arrest him for trying to extort Baruch Lebovits’ family and for paying a witness to perjure himself in grand jury testimony where he accused Lebovits of molesting him. Instead, a trial would expose that that the Kellner case was contrived by the Lebovits family to weaken the case against Lebovits and to clear up Lebovits’ reputation in the community.
In all likelihood, if the Judge denies the prosecution any further delays, the prosecution will announce that the case is being dismissed. As is typical of the DA, they probably will not have the decency to fully exonerate Kellner and will instead probably offer some mealy-mouthed nonsense about not being able to prove their case beyond a reasonable doubt.
This case would never have gotten this far but for an unholy, corrupt alliance between the DA, his close buddy, Lebovits defense attorney Arthur Aidala, and the Dershbags (the appellate attorneys and brothers, Alan and Nathan Dershowitz). They may have coached Lebovits proxies about how to offer up absurd doctored, fabricated, and false evidence to the Rackets Division of the Brooklyn DA, headed by Michael Vecchione. The Rackets Bureau carefully extracted information from sex crimes while excluding their other information and then proceeded to indict Kellner. Thanks to the excellent reporting of Hella Winston of the Jewish Week, many of their antics have been exposed, and I expect that yet more will be.
At every stage in this ridiculous case new evidence would be handed to rackets by 3rd parties. Officially this was all independent of Aidala and the Dershbags, but mysteriously they always knew. For example, at the last court appearance of Lebovits, the prosecution got sandbagged when Dershowitz asked for a new tape relating to their case in the possession of the prosecution. Well, lo and behold, something was handed into Rackets which sex crimes did not even know about. In due course, sex crimes got it and handed it to the defense. Now Dershowitz is hawking this tape to reporters. There are three critical points about this tape that should make reporters nervous. It has already been determined it has no evidentiary value. I don’t just mean it doesn’t prove anything in this case. I mean that there are probably problems with its provenance, splicing, and omissions such that it would not qualify for evidence anywhere, anyhow. Secondly, it appears to have been made by illegally bugging someone’s vehicle and using only one side of the conversation. Thirdly, it is being hawked to pre-emptively dilute the real story coming up shortly that the Kellner indictment will be dismissed.
Most smart reporters will not touch this tape because smart and honest reporters don’t let other parties use them as uncritical megaphones. However there are rumors out there that Paul Berger of the Forward is tempted by it. He recently ran a misleading article suggesting that Brooklyn DA elect, Ken Thompson flip flopped in his support of Kellner’s innocence. A careful reading of the actual quotes, as opposed to the paraphrases, suggests otherwise. The only people with an interest in this sort of distortion are those defending Baruch Lebovits who are still trying to claim the case was fabricated by Sam Kellner. So I suspect that Berger has been offered the tape and story by Dershowitz. If Berger runs the story it will have a very short shelf life, like between when it appears this week and this coming Tuesday (11/12/13) when the prosecution probably dismisses the case. But the harm to the Forward’s journalistic reputation will live on.