The Frank Report (www.frankreport.com) has been covering the Staten Island, New York, fake Facebook case, People v. Luthmann, particularly the recently-uncovered gross prosecutorial misconduct, grand jury perjury, and a process larded with criminality.
Last week, Frank Parlato filed this article:
Luthmann Files Motion to Have Fake Facebook Page Conviction Vacated, Have Castorina and Nelson Referred for Disbarment/Indicted for Perjury
The facts are pretty straightforward:
In going after Luthmann, DA McMahon got his wife’s associate Judge Rooney to assign attorney Eric Nelson as special prosecutor, to lead a grand jury into issuing an indictment against Luthmann. The charges centered around Facebook pages Luthmann made to lampoon and impersonate McMahon and other candidates for office.
A New York State Assemblyman was the star witness against Luthmann. His name is Ronald Castorina Jr., and he testified before Nelson‘s grand jury on August 1, 2018.
Castorina is now a New York State Supreme Court Justice.
Luthmann, now a disbarred lawyer and a former prisoner, now on probation, recently filed a 264 page motion in New York State Supreme Court calling on Justice Marina C. Mundy, who sentenced him in the Facebook case, to throw out the case.
Luthmann served three years for the offense.
The Court will hear Luthmann’s motion on February 28.
Luthmann also called for Justice Mundy to refer attorney Nelson to the Attorney Grievance Committee. Luthmann alleges Nelson encouraged Castorina to commit perjury in the 2018 grand jury proceeding, resulting in Luthmann’s indictment.
Luthmann also asked Judge Mundy to refer Castorina’s potential perjury to New York State Attorney General Letitia James for criminal charges.
Oftentimes, the comments section is filled with trash and vitriol. But sometimes there are gems, so-called “Easter eggs,” observations that can frame the entire story. In this past story, there is two worth considering:
Regis
Is this just bullshit no one is getting into trouble but Castorina and McMahon will strike back. Wait and see.
The Ghost of Tony Crecca
Who’s McMahon going to “strike” on? Luthmann? That guy is so long gone and broke. What can they take from him?
Also, aren’t there still Judy McMahon “tapes” flying around?
And isn’t it McMahon’s reelection year? If McMahon pushes too hard, maybe someone will release the details on how and who with McMahon was doing the cha-cha and the salsa between the sheets when he was stepping out on his wife.
REGIS
Regis thinks the whole idea of an indictment is bullshit. And he may be right.
Mike McMahon, the Staten Island District Attorney, isn’t going to investigate and prosecute Nelson or Castorina, perhaps for fears of what they might say if pressed.
Luthmann filed an official complaint with NYS Attorney General Letitia James. But there are no reports of an investigation or a grand jury being convened by the Public Integrity Bureau.
Will Castorina get into trouble? Maybe. He’s already been shown to be a disloyal asshole, out only for his own skin. That might not be enough to get him removed from the bench. History is replete with assholes in black robes.
But Castorina’s coordinated perjury with Eric Nelson might be.
The most interesting question raised by Regis is the McMahons’ expected “strike back.”
The McMahons have a history of being vindictive bastards, and using other means to sneakily dispose of their “enemies.” Judy McMahon used to sit at the bar at the Nurnberger on Castleton Avenue and make their “Enemies List.” Now, she does it from her judicial chambers.
Judge Judy McMahon loves to strong-arm the Press and “shut up” problems, including her court employee underlings. It’s the McMahon Modus Operandi:
Will there be a Strike Back?
THE GHOST OF TONY CRECCA
The Ghost of Tony Crecca doesn’t think there will be a Strike Back. The biggest question is “WHO” will be the recipient?
Luthmann is gone, a broken-down ghost. What power is there in a footnote?1
The McMahons maintain hegemony by threat. There is nothing Luthmann can be threatened with. He has no trade or license. He’s a Florida beach bum. What are they going to do, throw him back in jail? Luthmann likes jail”:
Luthmann: At Brooklyn MDC, I Was a ‘Jailhouse Lawyer’ For Gangsters Paid in Fish
Also, Judy McMahon still can have political fallout from the secret tapes made when she was Administrative Judge.
Fallout could reach Mike McMahon. As per Frank Parlato’s reporting:
It is not hard to understand why Richmond County District Attorney Michael E. McMahon wanted Richard Luthmann.
Luthmann insulted, lampooned and mocked him on what has been called a fake Facebook page.
Luthmann called him “Smilin’ Jack” and compared him to Dr. Seuss’ the Grinch.
Luthmann also had audio tapes of his wife, State Supreme Court Judge Judith McMahon, where she is heard apparently fixing which judges get what cases, a possible help to a district attorney trying to boost conviction stats.
As an Administrative Judge, Judith McMahon created a special narcotics part, which allowed her husband to direct cases to Judge Charles Troia, and away from Judges Mario Mattei and Wayne Ozzi.
Judge McMahon had to step down as Administrative Judge, and the Special Narcotics part was shut down.
Though Judge McMahon might have been charged criminally or hauled off the bench, the Office of Court Administration was good enough to protect her law license, and her husband chose not to prosecute her.
The McMahons have exposure to “the Tapes.” The McMahons also have exposure within their own bedroom.
In a pure twist of irony, the same bedroom where Staten Island justice has been “franchised” for over a decade may be the undoing of the McMahons.
The morals of the District Attorney are always a valid question, particularly in an election year. Smiling Jack himself is up for re-election this November.
What if it were to come out that Smiling Jack was stepping out on Judge Judy? What if the District Attorney was doing the cha-cha, the salsa, and the merengue between the sheets with a younger woman? Does the public have a right to know about the morals governing the man whose judgment dispenses justice on Staten Island?
Does Judy know? Or is there now a new name on her “Enemies List”?
Keep Smiling.
1 See U.S. v. Carolene Products Footnote Four.
WHAT’S NEXT?
Is there more? Of course, there is more.
Remember, Mr. Luthmann is now a LAW ABIDING CITIZEN. He is also a writer, commentator, satirist, investigative journalist, and a proud member of the National Writers Union.
There will be many more Enemies to receive their comeuppance. What new Enemies will show their faces and then be shown the Luthmann Inquisition followed by the legal and political Death Chamber? Which members of the Swamp should be worried? What other persons may become collateral damage in this story? And who exactly is on “THE LIST” Luthmann spent the past four years making?
Stay tuned—much more to come.
We welcome all comments.
Sunlight is the best disinfectant. We can shine a light on Pirates and Scallywags, and watch the cockroaches scurry in every direction. Also, drop me a line if you are a victim of The Swamp of corrupt politicians, lawyers, judges, or corrupt courts.
"Nihil est incertius vulgo, nihil obscurius voluntate hominum, nihil fallacius ratione tota comitiorum.” (Nothing is more unpredictable than the mob, nothing more obscure than public opinion, nothing more deceptive than the whole political system.) ~ Marcus Tullius Cicero
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