Word from the Lebovits camp is that Alan Dershowitz has sent a letter to Brooklyn DA-elect Kenneth Thompson requesting a sit-down with him to demonstrate that Baruch (Mordechai) Lebovits is innocent and Samuel (Sam) Kellner is guilty. I would hope that Thompson would decline until his office has conducted a full review of the intertwined cases.
A full review of these cases was implied when Thompson asked Brooklyn DA Charles (Joe) Hynes to hold off on any action in the Lebovits case until Thompson took office in January and Hynes acceded to that request. The review needs to be conducted by someone not implicated in any of the earlier missteps in both Rackets and Sex Crimes and must include an exhaustive analysis of why such a strong case with three witnesses in 2008 is now on the ropes. Questions need to be answered about why there was never any prosecution for witness tampering, intimidation, and bribery of witnesses against Lebovits. The review needs to address prosecutorial failures to turn over evidence to the defense in both cases which in some cases violated defendant’s rights and in others compromised the strength of the DA case against Lebovits. The review needs to examine the actions and inaction of all ADAs and DIs involved in the cases.
At that point, I would hope that the case is dealt like any other one with appropriate designated staff meeting with Lebovits and Kellner’s attorneys, as requested. For the DA to favor a wealthy defendant with a prestigious attorney would lead to suspicions of favoritism and might compromise the reputation of the DA for impartiality. It would hearken back to Arthur Aidala having favored access to Vecchione and Hynes. For all these reasons, I hope that Lebovits and Kellner’s attorneys get the same level of access and critical evaluation as other defendants — no more and no less.