By Dick LaFontaine
Richard Luthmann, a former attorney and investigative journalist, has launched fresh accusations against Special Prosecutor Eric Nelson in a new court filing. Luthmann alleges that Nelson lied about his ability to meet court deadlines and calls his recent claims regarding technical difficulties a deliberate attempt to deceive the court. Luthmann says Nelson’s actions are part of a pattern and that he should be removed as Special Prosecutor.
Luthmann has repeatedly accused Nelson of misconduct, claiming that Nelson has perjured himself and violated the Rules of Professional Conduct throughout the case.
In an affidavit dated October 22, 2024, Luthmann details Nelson’s latest explanation for missing a filing deadline, calling it a “blatant lie.”
Nelson submitted an unsworn letter to the Appellate Division on October 9, 2024, explaining that he had been ill and had encountered “technical difficulties” uploading documents through the court’s portal. Nelson claimed to have contacted the “IT Department” for assistance.
“Now, I’m no Matlock,” Luthmann wrote in his affidavit, “but the filing that Mr. Nelson wants to be accepted was dated September 29, 2024—TWO DAYS after the Appellate Division’s deadline.” He continued, “If Mr. Nelson had completed his papers on time, wouldn’t they have been dated on or before September 27, 2024?”
Luthmann argues that Nelson’s explanation is irrelevant because he had not even prepared the documents before the deadline.
“The fact that Mr. Nelson claims that he contacted the ‘IT Department’ is immaterial to the fact that he had not even prepared the papers prior to the expiration of the Court’s deadline,” Luthmann wrote, stating that Nelson’s papers should be disregarded entirely.
Pattern of Deception
Luthmann says Nelson’s filing IS relevant to show one thing: Nelson’s continuing pattern of deception that spans over hapf a decade.
His October filing is just the latest in a long series of accusations against Nelson, dating back to the beginning of their legal battle. Luthmann has repeatedly argued that Nelson has engaged in unethical and criminal behavior, including aiding and abetting the unauthorized practice of law, suborning perjury, and presenting false evidence to a grand jury.
In previous filings, Luthmann has accused Nelson of conspiring with disbarred attorney Perry Reich to manipulate the grand jury process.
In a November 5, 2022, letter to Nelson, Luthmann wrote, “As Special District Attorney, you violated my rights under the Grand Jury Clause, aided and abetted the unauthorized practice of law, conspired with felon and disbarred attorney Perry Reich to circumvent your responsibilities as legal advisor to the Grand Jury, knowingly presented false testimony to the Grand Jury intentionally and with reckless disregard for the truth.”
Luthmann has consistently maintained that Nelson’s actions during the grand jury proceedings were fraudulent, accusing him of suborning perjury from New York State Supreme Court Justice Ronald Castorina, Jr. According to Luthmann, Nelson presented phone records to the grand jury that disproved Castorina’s testimony but failed to acknowledge the inconsistency.
“Based on those phone records alone, you knew and/or recklessly disregarded the perjured testimony of New York Supreme Court Justice Ronald Castorina, Jr.,” Luthmann wrote.
Demand for Removal
In his latest affidavit, Luthmann demands that Nelson be removed as Special Prosecutor, citing a pattern of dishonesty, misconduct, and violations of the Rules of Professional Conduct.
“The Court should sua sponte disqualify the Special District Attorney at this juncture,” Luthmann wrote, stating that Nelson’s actions have eroded public confidence in the legal system.
He added that Nelson’s falsehoods and unethical behavior extend beyond the courtroom.
“Sadly, Special Prosecutor Nelson has engaged in a pattern of such behavior,” Luthmann stated, pointing to previous instances of alleged billing fraud and improper coordination with Richmond County District Attorney Michael McMahon’s office.
According to Luthmann, Nelson’s actions are part of a larger political conspiracy orchestrated by McMahon and his wife, Justice Judith McMahon.
Luthmann’s accusations also include claims that Nelson has committed felonies in the course of his duties.
“Eric Nelson committed at least two felonies related to the grand jury in this case,” Luthmann wrote, citing Nelson’s unauthorized use of disbarred attorney Perry Reich as an advisor and his alleged presentation of false evidence.
Misuse of the Legal System
Luthmann has been relentless in his pursuit of justice, arguing that Nelson’s misconduct has not only harmed him personally but has also undermined the integrity of the legal system. He describes Nelson’s actions as “totalitarian” and “anti-American,” accusing him of using the criminal justice system as a tool for political retribution.
“Nelson’s Falsification of Business Records charge applies to Luthmann’s ‘First Amendment Crimes,’” Luthmann wrote, arguing that the charges are baseless and politically motivated.
Luthmann has framed his legal battle as part of a broader struggle against corruption in Richmond County. He claims that Nelson, with the backing of the McMahons, has manipulated the legal system to target political opponents and suppress dissent.
“The entire case is about one thing: Michael McMahon’s need for revenge,” Luthmann has said in previous filings.
A Call for Accountability
As the legal battle continues, Luthmann calls for Nelson to face consequences for his alleged misconduct. Luthmann urged the court to refer the matter to the New York State Attorney General for further investigation. He is suing Nelson personally for his actions, alleging that Nelson cannot claim qualified immunity.
“Your actions in violating the Rules of Professional Conduct, consulting with a felon to circumvent my constitutional rights, and committing what appears to be the crime of aiding and abetting the Unauthorized Practice of Law (a felony), all while acting as Special Richmond County District Attorney are beyond extreme and outrageous.”
For now, Luthmann remains determined to hold Nelson accountable, vowing to continue fighting for justice in a case that has dragged on for years. As he said in his latest affidavit, “The People deserve answers. And the People deserve honesty from their Special District Attorney.”
Luthmann Accuses Special Prosecutor Eric Nelson of New Perjury in Latest Court Filing