Judge Suppresses Images Found in Cellphone Search

By John Caher
New York Law Journal
August 27, 2014

http://www.newyorklawjournal.com/home/id=1202668128731/Judge-Suppresses-Images-Found-in-Cellphone-Search?mcode=1202617075062&curindex=0&slreturn=20140727063347

In an early application of a new U.S. Supreme Court precedent on cellphone records and the Fourth Amendment, a judge in Brooklyn has suppressed evidence that allegedly would have shown that a defendant photographed a child sex crime victim during a trial.

Criminal Court Judge Michael Gerstein's (See Profile) suppression decision stemmed from allegations that a Satmar spiritual counselor, Nechemia Weberman, had molested a girl for three years. Weberman was convicted of all 59 counts against him and is serving a 50-year prison term.

The 2012 trial was a polarizing event, with some members of the Hasidic community strongly supporting Weberman and sharply criticizing the victim.

As the trial began, Supreme Court Justice John Ingram admonished the audience against using a cellphone in the courtroom. Additionally, court rules prohibit the taking of photographs inside the courthouse.

Yona Weissman, who attended at least part of the trial, was charged with two counts of second-degree criminal contempt after a court officer searched his cellphone and found a photograph of the victim.