ADAs in Charge of Kellner Case Demoted Because They Refuse to Prosecute It

Joe Alexis w caption for blogThis morning the NY Post’s Josh Saul reported that the ADAs in charge of prosecuting Samuel Kellner on extortion charges told their boss, Michael Vecchione, that there was no evidence to justify prosecuting the case. Vecchione removed them from the case and they were demoted and transferred to another bureau by Brooklyn DA Joe Hynes’s #2 ADA, Amy Feinstein. Vecchione is notorious for wrongful prosecutions, most famously the conviction of Jabbar Collins which was overturned by the courts and is now the subject of a 150 million dollar lawsuit because Collins spent 16 years in jail on those trumped up charges.

Mike "amnesia" Vecchione

Mike “amnesia” Vecchione

For a while now I have been saying the case would be dismissed for lack of evidence. Apparently, the demoted veteran ADAs, Joseph (Joe) Alexis and Nicholas Batsidis also felt that way. I believe they concluded that Vecchione was pushing the extortion charges against Kellner to help weaken the sex abuse case against Baruch Lebovits. Lebovits’ defense attorney is a close friend of DA Hynes and chair of the Friends of Joe Hynes. Powerful Satmar protectors of Lebovits include his cousin, Moshe (Gabbai) Friedman. In collaboration with Aidala, and Lebovits’ appellate attorneys, Allan and Nathan Dershowitz they pumped the case full of nonsensical evidence. Rackets accepted it uncritically and indicted Kellner. They probably expected to avoid ever having the justify the case because they thought Kellner would plead guilty in return for not being sentenced to jail and the conviction would bolster Lebovits’ claim that he was innocent of the abuse charges and was merely a victim of extortion. Seems like he is at it again.

Hynes press conf of Kellner Arrest Arrest

L to R, Samuel Kellner in effigy, Nick Batsidis, Michael Vecchione, Joe Hynes, Chief DI Joseph Ponzi

I believe Vecchione knows the Kellner case can never be prosecuted. But a number of informed sources tell me that the plan is to keep the Kellner case alive at least until after a plea bargain with Lebovits which will not require any additional prison time. The function of the Kellner case is to create a narrative about extortion to justify the sweetheart plea bargain. Lebovits’ attorneys, Alan and Nathan Dershowitz have been hawking this absurd back story to journalists, most notably to Forward reporter, Paul Berger.

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11 thoughts on “ADAs in Charge of Kellner Case Demoted Because They Refuse to Prosecute It

  1. Wow!!

    Just wow!!

    Messy infighting may deliver some new stuff, who knows…

    Also, don’t forget we now have hundreds of personnel changing alignances!!

    With all those people desperate to distance themselves from Hynes and co, and get noticed by Thompson….

    I have a feeling the next couple of months will be fun.

  2. One more thing…

    If, on the way out, they DARE give THE MONSTER Lebovits an easy plea and don’t drop charges on Kellner, we must take LEGAL action against them!!!

    There is already a legal precedent for such action, and nobody can stand the MOB…

    Even on their way out.

    • What legal precedent are you referring to? I believe that when prosecutors drop some charges and to recommend a light sentence on the remaining charge or charges, the recommendation may be rejected by the judge, but dropping charges is a matter of unreviewable prosecutorial discretion. Dropping charges does not function as an acquittal (double jeopardy protects against two trials, not two prosecutions), so a new prosecutor could bring a second prosecution for those offenses with respect to which charges were dropped — unless barred by a plea agreement that had been accepted by the court. So it all depends on the judge. If I were the judge, I would try to put off reviewing any proffered plea agreement for Lebovits until after the changing of the guard at the KCDA’s office.

  3. Some heavy duty counteraction is being planned which I expect to disclose in the next day or so. Stay ready to attend Lebovits’ next court hearing on Tuesday Nov 19 and be ready to respond to other calls for action. Believe me, not only will a sweetheart deal not pass by unnoticed, but I believe we can finally stop one before it happens but it will require you and others to be willing to do some work. Like I said, pay attention to my posts and tweets. Also contact me privately by one of the methods listed on the upper right of my page if you are inclined to organize others to deal with this.

  4. Where’s Truther to explain away this one??? Hasn’t he found a way to blame the victims for this too?

    • I can’t explain this one. I’ve said that I know little about the Kellner and Lebovitz cases, and I have no inside knowledge of this craziness with Alexis and Vecchione. But it will be interesting to find out what really happened (the one thing I do know is that what’s reported here isn’t likely to be substantively accurate).

      • translation of above: I don’t know, but I know he doesn’t know. Did you notice the NYT finally validated my account published in three stories about Barbara Burke. R U going to go back to counteract your comments back there.

  5. I guess a graceful exit is just not possible. To do what they have done to Joe is inexcusable. I believe that much of this comes from their belief that Joe was working for Thompson. No worries though, they will all be out soon enough and deservedly so. If they get rid of the Lebovits case with little or no jail time, I hope everyone involved is made to pay dearly for that poor choice.

    What’s mind-boggling is how Mike and Joe’s relationship has come to this. Joe was once very close to both Mike and Artie. Politics has ruined these friendships and its very ugly to watch. I can’t imagine how the transition is going to go.

  6. We can expect the transition to go poorly with no quality cooperation by the Hynes side. Hynes appointed his crony Dennis Quirk to head the transition team. Need I say anything more.

    • That’s just ridiculous. With over 500 attorneys to choose from, why in the world would the DA choose Quirk- a Court officer? How could he possibly help with a transition as a non-attorney and non-employee? This whole thing gets crazier by the minute. I don’t see this ending well.

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