By Steve Lieberman
The Journal News
May 29, 2009
http://lohud.com/article/2009905290360
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| Six of Rabbi Israel Weingarten's children — from left, Shmiel, Yoil, Chayeh, Sheindl, Chaneh and Yakev — and their uncle, Alfred Weingarten, said they believed thr rabbi was not guilty of sexual abuse. Photo by Akiko Matsuda |
A 59-year-old Monsey man sentenced to 30 years in federal prison has filed papers seeking to appeal his conviction for sexually abusing his daughter.
A U.S. District Court jury in Brooklyn convicted Rabbi Israel Weingarten in March of taking his daughter out of the United States to Israel and Belgium and sexually abusing her.
Weingarten taught children for the Satmar Hasidic Jewish community. He ran a Satmar school in Belgium and worked for religious elementary and secondary schools in Brooklyn.
His daughter, now 27; a son; and their mother testified against Weingarten at trial and underwent questioning from him. Two other daughters testified on his behalf and accused their mother of molesting their older sister.
Weingarten's appeal will be based largely on the grounds that he was forced to represent himself at trial and did not voluntarily waive his constitutional rights to an attorney, according to his lawyers, the law firm of Lorandos & Associates in Washington, D.C.
Attorney Demosthenes Lorandos has not yet filed the appeal papers.
The basis for the appeal was contained in papers seeking to dismiss the verdict, said Ashish S. Joshi, an attorney with the firm.
In those papers, the lawyers claimed Weingarten became estranged from his attorneys and wanted new lawyers to represent him.
The legal papers state Weingarten repeatedly told U.S. District Court Judge John Gleason that he didn't want to represent himself, he wanted to get other lawyers but because of his situation, he had no choice but to represent himself.
The legal papers state the judge refused to adjourn the case for Weingarten to find new lawyers or assign him new counsel. The judge assigned his two lawyers to assist him at trial.
The motion papers also claim witnesses could have testified that Weingarten's daughter lied, but his lawyers never went after the witnesses. The lawyers denied those accusations.
Gleason rejected the motion to dismiss the guilty verdict and set a new trial.
The U.S. Attorney's Office in Brooklyn opposed the motion and wrote that the judge made Weingarten aware of the pitfalls of being his own lawyer.
The jury convicted Weingarten on all five counts of transporting the victim in foreign commerce with intent and for the purpose of sexually abusing her during the spring and summer of 1997.
Gleason sentenced Weingarten earlier this month. The rabbi is being held in the federal lockup in Brooklyn.
Prior to the sentencing, the victim and her older brother, 29, read statements detailing the horrors of being physically and mentally abused by their father.
They said their father brainwashed his children and his wife.
Contact: slieberm@lohud.com
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