GUILTY NY - Leiby Kletzky, 8, Brooklyn, 11 July 2011 - #2

[CuriousHousewife]

It seems highly unethical that she is being so vocal about the case on Facebook.

 

[Crosby87]

http://www.nytimes.com/2011/08/24/n...fense-lawyers.html?smid=tw-nytmetro&seid=auto

During the hearing, which the justice called because of leaks to the press and what he called inappropriate actions by the defense lawyers, he reprimanded them for complaining about the release of public documents, for their use of Facebook and for not providing the Department of Correction an approved list of visitors for their client.

Judge Firetog said he couldn’t replace Bazile and McCann because they were hired privately but what if the people who hired them fired them? Then would Firetog be able to assign more seasoned attorneys to the case?

Because LA was found "fit to stand trial", Levi Aron has the right to submit a written request to have his case heard by a Judge rather than by Jury. Until I read the definition of a “bench trial”, I didn’t know this choice was available to Aron for consideration.

Under the rules of Federal Criminal Procedure: If a defendant is entitled to a jury trial, the trial must be by jury unless: (1) the defendant waives a jury trial in writing; (2) the government consents; and (3) the court approves. See Federal Rules of Criminal Procedure 23(a).

Does anyone know why the government and court would oppose Aron’s written request to waive a jury trial if Aron decided having a Judge hear his case was his best option?

Would a new Judge be appointed to hear the case or would Supreme Court Justice Neil Firetog remain on the case?

 

[BeanE]

Wonderful video compiling home videos and pictures of Leiby!!

Hasidic Singer Pays Tribute To Slain Brooklyn Boy


http://www.ktla.com/news/landing/wpix-leiby-kletzky-song,0,5359353.story

 

[AnaTeresa]

Judge Firetog said he couldn’t replace Bazile and McCann because they were hired privately but what if the people who hired them fired them? Then would Firetog be able to assign more seasoned attorneys to the case?

You can fire counsel, but the judge may not assign counsel - if they have proven that Levi can afford private counsel, he can't have counsel assigned to him. Plus, some jurisdictions won't let you discharge your attorney after a certain point in the case. You may want to check with a verified lawyer about this jurisdiction.

Because LA was found "fit to stand trial", Levi Aron has the right to submit a written request to have his case heard by a Judge rather than by Jury. Until I read the definition of a “bench trial”, I didn’t know this choice was available to Aron for consideration.

Under the rules of Federal Criminal Procedure: If a defendant is entitled to a jury trial, the trial must be by jury unless: (1) the defendant waives a jury trial in writing; (2) the government consents; and (3) the court approves. See Federal Rules of Criminal Procedure 23(a).

Does anyone know why the government and court would oppose Aron’s written request to waive a jury trial if Aron decided having a Judge hear his case was his best option?

I think it's rare for something like that to be opposed. I've not seen it done in my six months on the job, nor has it come up in any of my classes. Verified lawyers, what do you think?

Would a new Judge be appointed to hear the case or would Supreme Court Justice Neil Firetog remain on the case?

From what I understand, the judge remains the same.

My responses in red.

 

[Cubby]

BlueSky - I think in Levy's case the state rules/laws would apply with regards to his choice of a jury or bench trial. IIRC this could have been a federal case because the wedding LA took Leiby too crossed state lines. I seem to recall the decision was made early on it was going to be left a state case.

I don't know a lot about bench trials. I seem to recall some bench trials for things such as traffic violations or non payment of child support but outside of that I really can't think of any. (of course other than what I linked up thread- which surprised me.)

IANAL but I think the only state requirement is the defendent would have to waive his or her right to a jury trial.

It would be interesting for a verified lawyer to drop into this thread and chime in on occurances/circumstances of a defendant facing murder charges waiving a right to a jury trial.

 

[nosysw]

IANAL but I think the only state requirement is the defendent would have to waive his or her right to a jury trial.

Above snipped and BBM

*IANAL = I am not a lawyer, for any of you who suffer (perimenopausal) memory loss as I do, LOL! Now that I've typed it maybe I'll remember it!

 

[Crosby87]

My responses in red.

Thank you AnaTeresa,

Here's what Judge Lippman said about Judge Firetog when he was appointed the Second District’s incoming Administrative Judge on January 1, 2004.
<snipped>

“Judge Firetog is one of the most respected and accomplished jurists within the Brooklyn legal community—reputed for his fairness, sharp intellect and unassailable integrity. Judge Firetog possesses an intimate knowledge of the workings of the Brooklyn courts, having spent his entire professional career there, first as a local and federal prosecutor, and for the last 20 years as one of the county’s foremost judges, during which time he has been entrusted with numerous supervisory roles. His prodigious judicial and managerial experience undoubtedly will serve him well in heading a court known both for its productivity and formidable caseloads. I am confident that Judge Firetog will successfully meet all the challenges of this new and difficult assignment and look forward to working with him.”

Judge Firetog was appointed to the Brooklyn bench two decades ago as a Criminal Court Judge and six years later was designated an Acting Justice on the State Supreme Court. During the lengthy span of his judicial tenure, he has presided over hundreds of felony and misdemeanor trials, conducted arraignment proceedings and handled all phases of litigation, as well as served in various supervisory positions, including overseeing search warrant and eavesdropping applications by the District Attorney’s Office and supervising the Kings County Video Conference Part. Prior to his appointment as a judge, he served as a Special Assistant U.S. Attorney in the U.S. Department of Justice Organized Crime Strike Force for the Eastern District of New York, where he prosecuted several notable official corruption and organized crime cases, after beginning his legal career as an Assistant District Attorney in the Brooklyn District Attorney’s Office. A long-time Brooklyn resident, Judge Firetog received his law degree from the University of Michigan School of Law and undergraduate degree from the University of Michigan.

http://www.courts.state.ny.us/press/pr2003_17.shtml

 

[Crosby87]

BlueSky - I think in Levy's case the state rules/laws would apply with regards to his choice of a jury or bench trial. IIRC this could have been a federal case because the wedding LA took Leiby too crossed state lines. I seem to recall the decision was made early on it was going to be left a state case.

I don't know a lot about bench trials. I seem to recall some bench trials for things such as traffic violations or non payment of child support but outside of that I really can't think of any. (of course other than what I linked up thread- which surprised me.)

IANAL but I think the only state requirement is the defendent would have to waive his or her right to a jury trial.

It would be interesting for a verified lawyer to drop into this thread and chime in on occurances/circumstances of a defendant facing murder charges waiving a right to a jury trial.

When does the defendant need to make this decision? IOW, is it too late for Levi Aron to ask for his case to be heard by the Judge? IMO, Aron might be better off having a Judge rather than a Jury hear his case. Aron's lawyers would still have to represent Aron in court so they have to remain on the case.

I want to see if I can find any cases where a defendant waived his rights to a Jury trial. In most of the cases we discussed here, the defendant's case was tried by a Jury however in Aron's case, I favor Aron's option to have his case heard by a Seasoned Judge because the Judge has more knowledge and experience than most jurors and lawyers.

 

[Cubby]

Above snipped and BBM

*IANAL = I am not a lawyer, for any of you who suffer (perimenopausal) memory loss as I do, LOL! Now that I've typed it maybe I'll remember it!

You and me both but I am 45 and a half (and a half, lol) and still on clock work cycle... Ok, we Cub fans work on fractions of centuries.

Do what us Cub fans do, break it down to "I Anal". LOL!

 

[AnaTeresa]

When does the defendant need to make this decision? IOW, is it too late for Levi Aron to ask for his case to be heard by the Judge? IMO, Aron might be better off having a Judge rather than a Jury hear his case. Aron's lawyers would still have to represent Aron in court so they have to remain on the case.

I want to see if I can find any cases where a defendant waived his rights to a Jury trial. In most of the cases we discussed here, the defendant's case was tried by a Jury however in Aron's case, I favor Aron's option to have his case heard by a Seasoned Judge because the Judge has more knowledge and experience than most jurors and lawyers.

We're dealing with this issue for a case set for trial mid-September. The attorneys are still debating whether we want to go jury or judge, so I think you can wait until close to the trial, at least in Ohio. This may vary by state.

Aron may be better off with a judge. Our case involves a child victim, and the debate between a judge and jury does center on a judge being able to focus on the law, while juries can be distracted by emotion. Then again, juries sometimes may put more credence in theories than judges would.

 

[Cubby]

We're dealing with this issue for a case set for trial mid-September. The attorneys are still debating whether we want to go jury or judge, so I think you can wait until close to the trial, at least in Ohio. This may vary by state.

Aron may be better off with a judge. Our case involves a child victim, and the debate between a judge and jury does center on a judge being able to focus on the law, while juries can be distracted by emotion. Then again, juries sometimes may put more credence in theories than judges would.

TY AnaTeresa. I too am wondering if Levy would be better off with a bench rather than jury trial.

From my limited civilian knowledge -from a defense atty pov it is going to depend on two things. The Psych reports and what my client was looking for.

I think the defense is going to be up against the wall with both a confession and remorse- that the prosecution will be able to prove to a jury.

 

[Crosby87]

We're dealing with this issue for a case set for trial mid-September. The attorneys are still debating whether we want to go jury or judge, so I think you can wait until close to the trial, at least in Ohio. This may vary by state.

Aron may be better off with a judge. Our case involves a child victim, and the debate between a judge and jury does center on a judge being able to focus on the law, while juries can be distracted by emotion. Then again, juries sometimes may put more credence in theories than judges would.

The policy of New York State courts is that jurors selected for juries serve as promptly as possible. Normally, a trial will start within 24 hours of the completion of jury selection.

The New York State court system obtains the names of state residents who are included on certain lists – registered voters, state taxpayers, licensed drivers, recipients of public assistance benefits, and recipients of state unemployment compensation. It is possible to volunteer for jury duty. You may contact the local Commissioner or Jurors or call 1-800-NYJUROR. Jurors are paid a whopping $40.00 per day however there are exceptions.

A court will refuse a bench trial request if they feel it has been chosen to create an impermissible advantage.

The defendant in a bench trial may have limited grounds for an appeal should the bench trial produce a dissatisfying result.

http://subboard.com/legal/resources/packets/pdf/07jury_duty_selection.pdf
http://www.criminal-law-lawyer-source.com/terms/bench-trial.html

 

[Crosby87]

&#8220;Lawyers Defending Suspect in Boy&#8217;s Death Are Scolded&#8221;

Correction: August 25, 2011

An article on Wednesday about a judge&#8217;s questioning of the legal team for Levi Aron, the Brooklyn man accused of murdering an 8-year-old Borough Park boy in July, misstated Mr. Aron&#8217;s whereabouts on Tuesday. He appeared in court briefly by video conference from Rikers Island; he did not physically appear in court before being sent back to Rikers Island.

http://www.nytimes.com/2011/08/24/n...-lawyers.html?_r=1&smid=tw-nytmetro&seid=auto

When a defendant&#8217;s family member(s) agree to take responsibility for a family members legal fees is that synonymous with &#8220;Levi is able to afford his own attorney&#8221;?

Levi&#8217;s family retained Pierre Bazile and because Judge Firetog said he could appoint attorneys with more experience, he&#8217;s implying the family&#8217;s willingness to help actually turned out to be a disservice to Levi because based on the lawyers credentials and performance so far, the Judge is afraid they might prevent Levi from getting a fair trial.

Very few families are able to pay a family member&#8217;s legal fees so I assume in most cases the defendant asks for a court appointed attorney. Levi&#8217;s father works as an accountant and unless the family has financial assistance, I suspect Levi&#8217;s legal fees will be a huge burden for his family. JMO

 

[nosysw]

You and me both but I am 45 and a half (and a half, lol) and still on clock work cycle... Ok, we Cub fans work on fractions of centuries.

Do what us Cub fans do, break it down to "I Anal". LOL!

Ha! I am 49 and 364/365ths- I guess I (am really) Anal with fractions of centuries:floorlaugh:

 

[nosysw]

I typed that wrong- 49 and 361/365ths...guess I'm not that good at fractions after all! Or I'm in a rush to turn half a century!

 

[Crosby87]

Here is a case in which the defense attorney addresses the challenges defendants face who claim they were insane at the time they committed murder.

A jury comprised of five men and seven women rejected an insanity plea by a juvenile charged in the fatal stabbing of another student in a bathroom at Lincoln-Sudbury Regional High School in 2007. Shortly after they announced that they had convicted defendant John Odgren of murder in the first degree in April 2010, the members of the jury were escorted from the Woburn, Massachusetts courthouse. As they left the building, all of the Odgren jurors declined to speak to the media.

Lead defense attorney Jonathan Shapiro told reporters that the legal system in Massachusetts is largely to blame for the defendant&#8217;s fate. &#8220;Massachusetts is virtually one of the only places in the world where somebody who is 16 years old at the time of a crime can be, and is required to be, tried as an adult and sentenced as an adult.It&#8217;s a barbaric and uncivilized way to treat juveniles, and if this case can have any impact it will be if somebody recognizes, the legislature or the courts, that there&#8217;s a better way to treat young people, particularly young people who are as severely mentally ill as John Odgren.&#8221;

Lead defense attorney Jonathan Shapiro did not make a formal statement following his client&#8217;s conviction. But as he left the courthouse, Shapiro told waiting reporters that he was deeply disappointed by the jury&#8217;s decision. &#8220;We&#8217;re devastated by the verdict. This has been an unthinkable tragedy from the very beginning. This is a case where there is no good outcome. This is a verdict which results in a young man who was 16 years old at the time of the crime being tried as an adult, and going to prison for natural life without parole. The other alternative would have been for him to be committed to a state mental hospital where he likely would have stayed for the same amount of time, or at least he&#8217;d be able to get treatment for his mental illness.&#8221;

Attorney Shapiro also discussed the uphill battle facing any defendant who&#8217;s relying upon an insanity defense. &#8220;It&#8217;s clear, and it always has been clear, that jurors don&#8217;t like the insanity defense . . . they think it&#8217;s an excuse, a way to get off. And as a result, they rarely find someone not guilty by reason of insanity. Also, I think jurors have a problem saying someone who&#8217;s committed a horrible crime is not guilty; they think people need to take responsibility for their crime, even though we think it&#8217;s been proved beyond a reasonable doubt that this young man was not criminally responsible, that he didn&#8217;t know what he was doing, and that he couldn&#8217;t control himself.&#8221;

The teen's defense attorney told jurors that Odgren was mentally ill when he killed a 15-year-old male student in January 2007. The defense portrayed Odgren as a troubled teenager who had suffered from mental illness and developmental disabilities since he was a young child. Bipolar disorder runs in Odgren's family, Shapiro said. Ogren&#8217;s mother has the disorder and four of her relatives committed suicide. Odgren was struggling with a form of autism, attention deficit hyperactivity disorder (ADHD), depression, anxiety and possibly bipolar disorder when he attacked the freshman, whom he had never met according to his lawyer.

Shapiro said that Odgren does not deny that he killed Alenson, but that no one may ever know why he did it. "Why did a geeky, uncoordinated, awkward 16-year-old who had never been in any trouble with the law suddenly and without provocation ferociously stab to death a 15-year-old classmate who he did not even know?" Shapiro asked. The teen allegedly brought a carving knife to school, picked a victim at random in a boys' bathroom, then stabbed him eight times.

Odgren became obsessed with Stephen King novels, violence, crime and forensics. He also developed an "irrational fear that something was going to happen to him," Shapiro said. He started bringing weapons to school, once a knife and another time a toy gun, Shapiro said. By January 2009, Odgren was "consumed by his delusions," Shapiro said.

http://www.cbsnews.com/8301-504083_162-20002458-504083.html

 

[matou]

NEW YORK - The father of an 8-year-old boy, whose murder stunned the New York Orthodox Jewish community where he was abducted last month, is seeking $100 million from the man accused of abducting, killing and dismembering him.

Nachman Kletzky filed the complaint last week in Brooklyn Supreme Court, seeking to hold Levi Aron, 35, responsible for the death of Kletzky's son, Leiby. Aron was arrested and charged in July with the boy's murder.

http://www.torontosun.com/2011/08/30/family-seeks-100-million-from-sons-accused-killer

 

[Wondergirl]

Months After Boy's Death, Borough Park Grapples With Protecting Its Kids
Thursday, October 20, 2011 - 04:00 PM

Yosef Rapaport, a Borough Park newspaper reporter with 8 children and 22 grandchildren, was surprised recently to encounter a 4-year-old girl alone on the sidewalk. She approached him and asked him to help her cross the street. He helped her, of course, he said. It was the sort of thing that happened all the time before the deadly events of the past summer, but he said he hadn&#8217;t seen it since.
"I came home, and I told my wife, 'The whole Kletzky story &#8211; it&#8217;s over,'" Rapaport said. "It&#8217;s like back to the old times."

To Rapaport, people letting their guard back down a bit would be healthy. He said Borough Park, a community of large families, will always have scores of kids roaming around, going from house to house and store to store. He believes a certain amount of vigilance is just common sense. But because the murder was such an incredibly rare disaster, he said, people shouldn&#8217;t live in any more fear than they did before.
"I&#8217;m glad the trust is a little bit back in the town," he said.

http://www.wnyc.org/blogs/wnyc-news...th-borough-park-grapples-protecting-its-kids/

 

[Cubby]

I'm glad the neighborhood is a little less tense. Though, 4 years old is NEVER old enough to be unsupervised - anywhere. Especially in a big city like NY.


I wonder where things stand with the trial. We've seen a few defendents recently plea no contest or plea guilty. Makes me wonder if Levi will change his plea, or his attorneys will want to make a name for themself and push forward for trial.

IMO, there is zero chance Levi will be found not guilty. There is simply too much evidence against him. I hope he mans up and changes his plea allowing this family to not go through any additional suffering.

jmo

 

[Wondergirl]

I'm glad the neighborhood is a little less tense. Though, 4 years old is NEVER old enough to be unsupervised - anywhere. Especially in a big city like NY.


I wonder where things stand with the trial. We've seen a few defendents recently plea no contest or plea guilty. Makes me wonder if Levi will change his plea, or his attorneys will want to make a name for themself and push forward for trial.

IMO, there is zero chance Levi will be found not guilty. There is simply too much evidence against him. I hope he mans up and changes his plea allowing this family to not go through any additional suffering.

jmo

BBM as below.

His confessed abductor is scheduled to be in court next week.

http://www.wnyc.org/blogs/wnyc-news...th-borough-park-grapples-protecting-its-kids/