Justice On The Run: Staten Island Judge Recuses Amid Perjury Storm in NYPD Vet's Divorce Saga

Are 9-11 Responder Guy Simonetti's Allegations of Castorina's Impropriety, Corruption, and Perjury That "Everyone Knows About" True?

Justice On The Run? Ronald Castorina recused himself from Guy Simonetti’s Divorce Court case amidst allegations of Castorina’s perjury, corruption, and bias.

By Dick LaFontaine and Modern Thomas Nast

With accusations of perjury and judicial misconduct lodged in explosive filed court documents last week, Staten Island Justice Ronald Castorina, Jr., has recused himself from the highly charged divorce case of retired NYPD Detective Guy Simonetti.

Simonetti's legal documents paint a grim picture of a New York justice system skewed against him. His allegations against Castorina and the actions of the involved attorneys suggest a complex web of legal and ethical issues.

Elderly, Disabled, Retired NYPD Detective Guy Simonetti. Doctors have explicitly warned that traveling poses a severe risk to Simonetti, including the possibility of blood clots and the loss of his legs.

The case, which has garnered significant attention, now sees Justice Paul Marrone overseeing after the judicial departure, with the next hearing scheduled for the middle of March.

This article will explore Simonetti’s claims of perjury, corruption, and bias in the New York Courts, which he says are left unrefuted by Justice Castorina and the New York State Office of Court Administration.

Coverage of the Simonetti New York Divorce Court Case and Justice Castorina

Guy Simonetti has serious health conditions and could lose his legs if he’s forced to travel. Staten Island’s Justice Ronald Castorina, Jr. doesn’t care.

In November, Castorina ordered a bench warrant for the retired cop. Simonetti had not paid the required money. He claims that Justice Castorina's actions, including the freezing of his assets and a bench warrant for his arrest, have left him financially crippled and unable to comply with court ordersSimonetti’s severe health issues compound the situation.

Broke and sick, Castorina still found Simonetti in contempt. The Justice ordered his arrest. Many believe Castorina wanted to see the elderly retired NYPD detective dragged back before him in chains from Florida.

This publication covered those developments, and so did renowned investigative reporter Frank Parlato of the Frank Report:

Simonetti filed an Order to Show Cause on November 27 last year to save himself. He detailed specific medical and financial facts about his impossibility of appearance and further charged Justice Castorina, several attorneys, and the entire court process as corrupt and biased. He also charged that Castorina was not only unethical but had committed felony crimes in a 2018 grand jury testimony.

Justice Castorina refused to sign the order to show cause. Simonetti tried to ask the Appellate Divison in Brooklyn to intervene. They said Castorina didn’t provide the proper paperwork for him to seek relief but that Simonetti could ask Staten Island’s Administrative Judge, Desmond Green, to resolve the issue. Simonetti tried Justice Green’s and others’ chambers in the courthouse, but no one wanted to help him.

This publication and the Frank Report also covered those developments:

Castorina was also the subject of several in-depth exposés by Frank Parlato and others about his participation in “Fake Facebook” along with former attorney Richard Luthmann, a writer for this publication who is suing Castorina and others for unpaid bills and other claims:

Simonetti has squarely charged Castorina with perjury, corruption, and bias. In response, Castorina recused himself. He gave no reasons for this decision, and the order has yet to be located.

Simonetti takes Castorina’s silence as an admission of his corruption and wrongdoing.

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Simonetti’s Recent Filing, Castorina’s Recusal, and Deafening Silence

At the heart of this legal maelstrom is Simonetti's forceful allegation against Castorina. He asserts in his filed court documents, "It is public knowledge that Justice Castorina gave perjured and dishonest testimony before a Richmond County grand jury in 2018."

Simonetti charges that “everyone” knows Castorina's grand jury testimony in 2018. He cites Luthmann’s recent court filing in the New York State Supreme Court, where Luthmann claims Castorina was a witness in People of the State of New York v Richard Luthmann, committed perjury, and was dishonest. The testimony starkly contrasts the Facebook Messenger exchanges between Castorina and Luthmann.

Simonetti, a 9-11 responder, says Castorina committed felonies and cannot legally be a NYS Supreme Court Justice:

PLEASE TAKE FURTHER NOTICE that the defendant, GUY SIMONETTI, asks the Court to recuse itself for the reasons previously stated and submitted to the Court in the affidavit attached to the order to showcase sworn to on November 27, 2023, that the Court declined to sign. It is public knowledge that Justice Castorina gave perjured and dishonest testimony before a Richmond County grand jury in 2018. See Luthmann v. Hanks et al., 100012-24 (New York County Supreme Court). The comparisons of Justice Castorina's sworn testimony to his Facebook messenger conversations show that he lied under oath. That is a felony crime; a Supreme Court Justice cannot be a felon. The Court should recuse itself because of the cloud of impropriety hanging over its head and its interest in the litigation, apparent from its failure to sign the previous order to show cause to avoid addressing these issues on the record. Accordingly, I would ask Justice Castorina to recuse himself because his continued presence makes this matter fundamentally unfair, and the Court is interested in the issues to be litigated.

PLEASE TAKE FURTHER NOTICE that the defendant, GUY SIMONETTI, reserves his right to invalidate the entirety of these proceedings as lacking in subject matter jurisdiction. If Justice Castorina committed a felony crime in August 2018, he was never qualified to judge my case as a matter of law.

In his desperate plea, Simonetti states, "His felonious conduct legally disqualifies him from serving as a Supreme Court Justice, and all of his decisions and orders are legal nullity." He believes that Castorina's alleged felony should lead to his removal from his case and the bench, questioning how decisions in the freeze of his IRA could have occurred without corrupt influence.

The handling of Simonetti’s Mass Mutual IRA adds another layer of controversy. Despite a court order declaring the IRA as Simonetti's, his ex-wife's lawyer, John Marangos, took steps to freeze and then seize the funds. Simonetti suggests foul play, questioning Marangos' ethical conduct in light of his actions that seemingly ignore Castorina’s orders.

Simonetti's legal documents paint a grim picture of a justice system skewed against him, suggesting a complex web of legal and ethical issues. His stance is clear: "Justice Castorina has it out for me because I believe the people deserve a Supreme Court Justice who isn’t a felon – charged or not."

Simonetti heard back from Justice Castorina’s Law Clerk last Wednesday afternoon:

From: David Pascarella <DPascare@nycourts.gov>
Date: January 24, 2024 at 3:40:44 PM EST
To: guy59 <guy59@verizon.net>, jzmesq@aol.com
Subject: RE: AFFIRMATION OF ENGAGEMENT AND REQUEST FOR COUNSEL AND REASONABLE ACCOMMODATIONS

Good Afternoon:

The Judge has considered your application and is granting your request to appoint counsel to represent you in the pending contempt matter. The January 25, 2023 appearance will be vacated by Order of the Court and the Court will issue an Order appointing you counsel for the pending contempt matter and place the matter on the Court’s calendar at a future date.

The Order will be provided via NYSCEF and mailed to you directly via regular mail.

Regards,

David A. Pascarella, Esq.

Principal Law Clerk to the Hon. Ronald Castorina, Jr.

Simonetti said an appointed lawyer contacted him last Thursday. The lawyer said that Simonetti had to show up in Staten Island or else Castorina would “put him in jail” and that Simonetti was being “difficult” because he “didn’t like how his divorce turned out,” the retired detective claims.

Holding his ground, Simonetti said it was medically and financially impossible for him to appear in New York, as he previously detailed in his court papers. Simonetti said the lawyer responded, “he would get back to him.”

Then, last Friday, Simonetti said he received this email:

From: Joanne Lamberti <JLAMBERT@nycourts.gov>
Date: January 26, 2024 at 9:32:05 AM EST
To: jzmesq@aol.com, guy59 <guy59@verizon.net>
Subject: Simonetti v. Simonetti 55362/2022 (Status Conference)

Below please find the link for the above-mentioned court date via Microsoft Teams. Please do not use a previous link for any prior court dates. All parties must appear by video and audio.  If you cannot connect by video, please call in using the telephone number along with PIN # as indicated below.  If I do not have your client’s e-mail address to send them an invite please forward them the invite or send their e-mail to me and I will send out the invite. 

Thank you,

Joanne Lamberti

Joanne Lamberti

Secretary to Hon. Paul Marrone, Jr.

Justice Castorina recused himself from the case sometime after Simonetti’s Thursday conversation with the court-appointed lawyer and Friday morning’s email.

The case now transitions to Justice Paul Marrone. The next court date is scheduled for the middle of March.

Simonetti says he called the chambers and that he would get a “new lawyer” for his next court date.

No Office of Court Administration Response

Before publication, we contacted the NYS Office of Court Administration for information and comment on Justice Castorina’s recusal. Neither the Order of Recusal nor the underlying rationale was readily available:

Date: On Monday, January 29th, 2024 at 3:04 PM
Subject: Justice Castorina Recusal - Simonetti v. Simonetti (Richmond County)
To: lchalfen <lchalfen@nycourts.gov>, ahackel@nycourts.gov <ahackel@nycourts.gov>, publicinformation@nycourts.gov <publicinformation@nycourts.gov>

Good afternoon,

We are investigating a story about Justice Castorina' s recusal in a matter in Richmond County: Simonetti v. Simonetti, Index No.: Index No: 55362/2022.

Justice Castorina recused himself last week in the case and we could find no order, nor do we know whether it was done sua sponte or upon motion.

We obtained a copy of Mr. Simonetti's documents filed with the Court last week, which made some serious allegations against Justice Castorina…

Do Justice Castorina or OCA have any statement or response?

By virtue of the recusal and Justice Castorina and OCA's silence, can we assume that Mr. Simonetti's allegations are meritorious?

Does OCA have any comment about Mr. Simonetti's claim that Ronald Castorina is incompetent to serve as a NYS Supreme Court Justice and has been since his election, and therefore all of his rulings lack subject matter jurisdiction?

We go to press shortly. Thank you for your attention and time. 

Regards,

Dick LaFontaine

Investigative Journalist

As of press time, we received no response from OCA.

Simonetti says the silence amidst claims of perjury, corruption, and bias is telling. “I think Castorina knows he did wrong,” he said. “Hopefully, I get a fair shake going forward.”

We will continue to cover any further developments.

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