By Dick LaFontaine and Rick LaRivière with Richard Luthmann
Richard Luthmann, an investigative journalist, former attorney, and contributor to this outlet, has launched a scathing attack on Special Prosecutor Eric Nelson in his ongoing legal battle, labeling him an “Attorney Ethical Rules Rapist” in a recent email to the Appellate Division, Second Department. He provided background and comments for this article.
Luthmann, who has been fighting criminal charges stemming from what he claims is “a corrupt, politically motivated prosecution trampling his First Amendment rights,” now lives in Southwest Florida. He has accused Nelson of violating the Attorney Rules of Professional Conduct for years.
In an email to the Appellate Division’s Motion Department on October 8, 2024, Luthmann pointed to Nelson's repeated violations of court procedures.
Specifically, Luthmann asserts that Nelson failed to comply with an August 28, 2024, order requiring filings to be submitted by September 27, 2024, through the court's digital portal.
“Mr. Nelson did not file by September 27, 2024. Mr. Nelson did not use the digital portal. Mr. Nelson did whatever he wanted; there is a pattern. Mr. Nelson’s lies should not be considered,” Luthmann wrote.
Hurricanes and Court Deadlines
As Hurricane Milton bares down on Luthmann’s Southwest Florida abode, he claims the storm makes it impossible for him to quickly reject Nelson’s latest submission, which was filed late and violates Appellate Division Orders.
“I reserve my right to serve a Notice of Rejection if I am alive after this storm, and as soon as is practicable,” Luthmann wrote to the Clerk of the Appellate Division.
Despite this, Luthmann used the situation to highlight Nelson’s chronic disregard for court rules. In the email, Luthmann vowed to file a Notice of Rejection of Nelson’s papers, stating, “I reserve my right to serve a Notice of Rejection if I am alive after this storm.”
From: richard.luthmann@protonmail.com <richard.luthmann@protonmail.com>
Sent: Tuesday, October 8, 2024 3:12 PM
To: AD2-MOTIONS <AD2-MOTIONS@nycourts.gov>
Cc: Jonathan Fink <jfink@finkkatz.com>; eric nelson <ericnelson@ericnelsonesq.com>; RALafontaine@protonmail.com; Rick LaRivière <RickLaRiviere@proton.me>; mthomasnast@protonmail.com; frankiepressman@protonmail.com
Subject: Luthmann v. New York People, 2024-1587Dear Sir or Madam,
I received purported Affirmation in Opposition from Eric Nelson in the above referenced matter, with the affirmation dated September 29, 2024, in violation of Appellate Division Order and Rules. I intend to file a Notice of Rejection of the same, rejecting the existence of these papers and of Mr. Nelson more generally. However, I am looking down the barrel of a devastating hurricane in Southwest Florida, where I live. Most of the services are closed, and if I put the papers into a mailbox, there is not guarantee the mailbox will be there the next time they come to pick up the mail.
By this email, I reserve my right to serve a Notice of Rejection if I am alive after this storm, and as soon as is practicable. The Appellate Division's August 28, 2024 Order said:
ORDERED that the appellant is directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the order dated January 17, 2024, is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15), by filing an affirmation or an affidavit on that issue in the office of the clerk of this Court on or before September 27, 2024, by ordinary mail; the parties may respond to this order to show cause, if so advised, by uploading a digital copy of an affirmation or an affidavit through the digital portal on this Court's website, with proof of service thereof, on or before September 27, 2024;
Mr. Nelson did not file by September 27, 2024. Mr. Nelson did not use the digital portal. Mr. Nelson did whatever he wanted; there is a pattern. Mr. Nelson's lies should not be considered.
Mr. Nelson continues to be very dishonest with this Court. He has a documented history of raping the Rules of Professional Conduct. Why does the Appellate Division allow Mr. Nelson to be an "Attorney Ethical Rules Rapist?" Is it because he is under the protection of the McMahons? I blow the whistle! #MeToo
I would appreciate it if the Appellate Division who would give me a legal advisor. I can "go it alone." But I think even this email might have been a little different had I had someone to bounce things off of. That's why I copied the press. Maybe they can get to the bottom of "Eric Nelson: Attorney Ethical Rules Rapist?"
Regards,
Richard Luthmann
Writer, Journalist, and Commentator
He went on to accuse Nelson of a long history of unethical behavior, asking, “Why does the Appellate Division allow Mr. Nelson to be an ‘Attorney Ethical Rules Rapist?’ Is it because he is under the protection of the McMahons?”
Luthmann has not been subtle in connecting Nelson’s alleged misconduct to Richmond County District Attorney Michael McMahon and his wife, Justice Judith McMahon. He claims the couple are behind a politically motivated prosecution.
Luthmann Filing Fights Back: Claims McMahons' Political Corruption Behind Prosecution and Judicial Misconduct
In his email to the court, Luthmann wrote, “I blow the whistle! #MeToo,” suggesting that powerful political actors were shielding Nelson’s transgressions.
Years of Allegations
Luthmann’s battle with Nelson and the McMahons stretches back to before 2018, when he was first indicted. Luthmann claims he exposed Michael McMahon’s use of “dead people” to fraudulently sign his Democratic Party ballot access petition when he first ran for District Attorney in 2015.
“Ask him about William Peck,” Luthmann said. “That crook says, ‘There must be consequences for illegal behavior.’ Give us all a fucking break. He’s spent his political career reinforcing election fraud, AKA the Democrat Party’s business model.”
He has consistently alleged that Nelson, acting at Michael McMahon's behest, engaged in a range of unethical and illegal conduct to secure the indictment.
“McMahon had to look like a ‘real man’ and defend his shrew of a wife from evident judicial corruption with the Special Narcotics Part and Judge Charlie Troia. The irony is that he was doing the cha-cha between the sheets, and it wasn’t with Judy,” Luthmann said.
Luthmann says that McMahon had “buffers.”
“It’s my legal theory, and I intend to prove it in a court of law that the McMahons are running what can be likened to a corrupt syndicate. Check out Godfather 2 if you need to understand how he operates,” Luthmann said.
Luthmann says he has been pursuing those around the McMahons for some time and will never rest.
“There is no end in sight because I have natural law on my side. I will pursue this from beyond the grave,” Luthmann said.
In a November 5, 2022, letter sent via certified mail, Luthmann clearly laid out his grievances against Nelson.
In the letter, Luthmann accused Nelson of collaborating with disbarred attorney Perry Reich to manipulate the grand jury proceedings, a violation of the Grand Jury Clause of the U.S. Constitution.
“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, and committed numerous other serious and substantial constitutional and legal violations,” Luthmann wrote.
Luthmann further articulated serious claims against Nelson:
You presented false evidence to the Grand Jury and knowingly suborned perjury. Particularly, you reviewed and/or introduced my phone records for the period relevant to the prosecution. Based on those phone records alone, you knew and/or recklessly disregarded the perjured testimony of New York Supreme Court Justice Ronald Castorina, Jr., who stated he was only “placating” me. The relationship was clearly a relationship of master and servant under New York law, and your actions, omissions, and reckless conduct injected invidious falsity into the Grand Jury proceedings … [Y]ou have clearly:
Violated RPC Rule 3.3 by knowingly making false statements of fact before the Court and the Grand Jury;
Violated RPC Rule 3.3 by failing to correct false statements of material fact made to the tribunal;
Violated RPC Rule 3.3 by failing to correct false statements of law made to the tribunal;
Violated RPC Rule 3.4 by knowingly using false evidence;
Violated RPC Rule 3.4 by participating in the creation of evidence that is obviously false;
Violated RPC Rule 3.4 by engaging in conduct contrary to the Rules of Professional Conduct;
Violated RPC Rule 4.2 by communicating directly with parties the lawyer knows to be represented by counsel;
Violated RPC Rule 8.4 by engaging in conduct that adversely reflects on the lawyer’s honesty, trustworthiness, and/or fitness as a lawyer;
Violated RPC Rule 8.4 by engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation;
Violated RPC Rule 8.4 by engaging in conduct prejudicial to the administration of justice;
Violated RPC Rule 8.4 by engaging in conduct that adversely reflects on the lawyer’s fitness as a lawyer;
Violated RPC Rule 3.8 by engaging in conduct that ignores the special responsibilities and duties of a prosecutor;
Improperly communicated with District Attorney Michael E. McMahon in the instant case;
Improperly followed orders of District Attorney Michael E. McMahon in the instant case;
Engaged in other improper, dishonest and/or sanctionable conduct.
Luthmann says he wants to “put a stop” to Nelson.
“This is why the ‘rapist’ analogy is apt,” Luthmann said. “Rapists don’t stop, and neither will Nelson’s lies and fraud. These degenerates have to be put down. Usually, it’s law enforcement that does the job. But John Locke explained in the political philosophy espoused by our constitutional framers that when the laws of government fail, there are other options,” Luthmann said.
"Smoking Gun" Evidence
One critical piece of evidence Luthmann cites in his case against Nelson is an email exchange between Nelson and Reich, which Luthmann claims demonstrates a criminal conspiracy to manipulate the grand jury.
In the emails, Nelson sought legal advice from Reich, even though Reich had been disbarred in 2006. In one email, Nelson asked Reich how to present evidence in a way that would avoid First Amendment issues, which Luthmann argues were central to his case.
“There have been some questions as to the line of First Amendment political satire and what is discussed in the Perkins case. Do I need to explain the law to the GJ?” Nelson wrote in the email.
Reich responded with a brief, and according to Luthmann, insufficient answer:
“Not in any detail. See People v. Calbud.”
Luthmann claims this advice was improper because Perry Reich is a convicted felon and has no business acting as a legal advisor to the Richmond County District Attorney. Luthmann says it shows Nelson’s intent to subvert his First Amendment rights.
“These two stooges came up with the People v. Calbud case to justify not advising the Grand Jury of the First Amendment,” Luthmann wrote in his affidavit.
“There are names for those who deny the First Amendment: Fascists, Communists, and Authoritarians,” Luthmann said.
Allegations of Criminal Misconduct
In addition to ethical violations, Luthmann has accused Nelson of committing felonies during the grand jury process. According to Luthmann, Nelson knowingly suborned perjury during the grand jury proceedings by presenting false testimony from New York Supreme Court Justice Ronald Castorina, Jr.
“You presented false evidence to the Grand Jury and knowingly suborned perjury,” Luthmann wrote in his November 2022 letter and elsewhere.
According to Luthmann, the crux of the issue was Nelson’s use of phone records that disproved Castorina’s testimony, which Nelson ignored. Castorina, who had previously been a close associate of Luthmann, testified that his communications with Luthmann were merely attempts to placate him.
However, Luthmann claims that the phone records show a more substantial relationship between the two, which Nelson hid from the grand jury.
In filed papers, Luthmann has also previously alleged that Nelson aided and abetted Reich’s unauthorized practice of law, a felony under New York Penal Law. Such a felony conspiracy would result in the entire conviction being tossed.
“Nelson aided and abetted Reich in the unauthorized practice of law to effect Luthmann’s grand jury proceedings and ‘Get Luthmann’ slapped with a felony indictment,” he wrote.
The McMahon Connection
Central to Luthmann’s claims is the role of Michael McMahon, the Richmond County District Attorney, and his wife, Justice Judith McMahon. Luthmann contends that the McMahons have used their political influence to orchestrate his prosecution as retaliation for his exposure of Michael McMahon’s alleged electoral fraud in 2015.
“The McMahons, including Michael E. McMahon and his wife, Justice Judith R. McMahon, hold personal grudges against me for exposing their judicial malfeasance,” Luthmann stated in his previous filings.
In his papers, Luthmann described the McMahons as deeply entrenched in the political swamp of Staten Island, suggesting that Nelson’s actions were part of a broader conspiracy orchestrated by the McMahons to silence him.
“This entire case is about one thing: Michael McMahon’s need for revenge,” Luthmann wrote.
Appellate Division's Response
On October 9, 2024, the Appellate Division's Motion Department Supervisor, Jeannine Padro-Gallego, issued a brief response to Luthmann’s email stating that the court rules do not provide for rejecting an affirmation in opposition, as Luthmann had proposed.
From: AD2-MOTIONS <AD2-MOTIONS@nycourts.gov>
Date: On Wednesday, October 9th, 2024 at 9:50 AM
Subject: RE: People v Luthmann, Richard, 2024-1587
To: richard.luthmann@protonmail.com <richard.luthmann@protonmail.com>, AD2-MOTIONS <AD2-MOTIONS@nycourts.gov>
CC: Jonathan Fink <jfink@finkkatz.com>, eric nelson <ericnelson@ericnelsonesq.com>, RALafontaine@protonmail.com <RALafontaine@protonmail.com>, Rick LaRivière <RickLaRiviere@proton.me>, mthomasnast@protonmail.com <mthomasnast@protonmail.com>, frankiepressman@protonmail.com <frankiepressman@protonmail.com>
Litigant:The Court is in receipt of your rejection e-mail. There is no provision for such rejection in this Court. Nonetheless, the Court did not receive a response from The Law Office of Eric Nelson in relation to the Order to Show Cause which was returnable on 09/27/2024.
Thank you,
Jeannine Padro-Gallego
Motion Department, Supervisor
Appellate Division, 2nd Department
Brooklyn, NY 11201
P(718)722-6319
F(212)401-9114
However, Padro-Gallego did confirm that the court had not received a timely response from Nelson regarding the court’s order to show cause, raising questions about Nelson’s compliance with court procedures.
Broader Implications
Luthmann’s accusations extend beyond Nelson's immediate misconduct and touch on broader issues of judicial corruption in Richmond County. He has accused the McMahons of wielding their influence to manipulate court proceedings and shield Nelson from accountability.
In his November 2022 letter, Luthmann warned Nelson that his actions had permanently tainted the grand jury process, stating, “By your actions, you have lost the presumption of regularity in the Grand Jury proceedings.”
As the legal battle continues, Luthmann has vowed to take further action. He is already suing Nelson personally.
“I intend to sue you personally, and you will enjoy no qualified immunity,” Luthmann warned, referencing an appellate court decision that allows prosecutors to be sued for misleading a grand jury. “Your actions are criminal,” Luthmann stated.
For now, the spotlight remains on Nelson, and the outcome of this case could have far-reaching consequences for the Richmond County and New York judicial system.
As Luthmann continues to expose what he claims is a corrupt, politically motivated prosecution trampling his First Amendment rights, the Appellate Division will face increasing pressure to address the allegations of ethical and criminal misconduct.
“I’m taking this train to the end of the station. I really don’t care who gets hung on the hook - legally, in the media, or otherwise,” Luthmann said.
Luthmann Blasts NYC Special Prosecutor Eric Nelson as “Attorney Ethical Rules Rapist” in Legal Battle