Special Prosecutor Eric Nelson Commits Perjury in Sworn Statement in Luthmann Case
Why is the Special Staten Island District Attorney Lying to Justice Marina C. Mundy?
It was previously queried whether Staten Island Special Prosecutor Eric Nelson is incompetent and, if so, whether it was by design:
Appointment of Incompetent Special Prosecutor for Luthmann By Design
Nelson’s most recent court filing in People v. Luthmann has put any debate about the former to bed.
In attempting to respond to Luthmann’s filed 264-page motion pending in New York State Supreme Court, Nelson confirms his reliance on disbarred attorney and felon Perry Reich as his “legal advisor.”
It also appears Nelson has been caught in multiple lies to the Court in a signed and sworn Affirmation, creating a slew of new and additional legal issues for the Special Prosecutor.
Nelson Commits Perjury in New Affidavit; Admits His, Castorina’s Past Criminal Activity, Disregard For the Special Duties of a Prosecutor
Luthmann called for New York State Supreme Court Justice Marina C. Mundy, who sentenced Luthmann, to refer Nelson to the Attorney Grievance Committee. Luthmann alleges Nelson allowed and encouraged Judge Ronald Castorina’s potential perjury in a 2018 grand jury proceeding resulting in Luthmann’s indictment. Luthmann claims Nelson and Castorina’s lies, perjury, and other criminal activity are fundamental matters that the Court should address.
Luthmann claims that Nelson’s legal consultations with Perry Reich, a disbarred attorney who did federal prison time, violated the law. Luthmann says the multitude of crimes and violations warrant the dismissal of his case.
In the recently filed papers, Nelson responded to the allegations of wrongdoing. Nelson swore to the Court:
Regarding his claim that the indictment should be dismissed or the Special District Attorney removed, defendant references an e-mail conversation with Mr. Reich, which merely sought interpretation of decisions posed in a hypothetical setting. This had no effect on the Grand Jury, was not presented to the Grand Jury during the presentation. Defendant's claim does not rise to an unauthorized practice of law.
Nelson sought out disbarred lawyer Perry Reich to guide him on avoiding communicating to the Grand Jury that the First Amendment protected Luthmann’s activities, and the entire case against him was problematic. Attorney Thomas Tormey, a seasoned criminal attorney and the previous special prosecutor, investigated and returned the Luthmann case. The case was not prosecutable on First Amendment grounds.
In his most recent filing, Nelson admits the email between him and Reich is genuine.
Nelson claims he “merely sought interpretation of decisions posed in a hypothetical setting.”
Nelson further claims the email conversation with Reich “had no effect on the Grand Jury, was not presented to the Grand Jury...[and] does not rise to an unauthorized practice of law.”
Throughout his entire Affirmation, Nelson “whistles past the graveyard” on his knowing introduction of false testimony by Ronald Castorina, Jr., a New York State Supreme Court Justice. Castorina’s testimony is perjury. Nelson’s knowing introduction of the same is a subornation of perjury. Nelson and Castorina colluded to violate the law and take Luthmann out, acting upon what appears to be someone more powerful’s orders. No one is this stupid. But who is more powerful than a Special Prosecutor and a Supreme Court Justice?
Special Staten Island District Attorney Eric Nelson Lies to Justice Mundy’s Face, Playing Her For a Fool
Nelson lied to the Court in his Affirmation, which he swore was true “under the penalties of perjury.” Evidently, Nelson believes that by revisionist history, he may be able to shield Castorina, himself, and their marionetteers from further scrutiny, and potential legal and political fallout.
Exhibit A is the Nelson-Reich email of August 12, 2018, which is produced here for all to read:
The Nelson-Reich email of August 12, 2018, was clearly referencing Luthmann’s case. There is only one case in the history of the State of New York that has these facts. In April 2020, Frank Donnelly of the Staten Island Advance wrote that Luthmann’s case was the “first of its kind”:
In November 2018, Luthmann was arraigned on a 17-count indictment accusing him of multiple felony charges of falsifying business records and identity theft. The charges stemmed from his alleged activities on Facebook.
It was believed the be the first case of its kind in New York.
He was also charged with criminal impersonation, election law violations, stalking and falsely reporting an incident to the NYPD.
The Nelson-Reich email of August 12, 2018 was produced as part of the Special Prosecutor’s required disclosure to Luthmann’s Brooklyn lawyers, Arthur Aidala and Mario Romano. By Nelson’s prior inclusion of the email in the discovery documents, there is no question it is part of Luthmann’s case.
The Nelson-Reich email was sent in the middle of the Luthmann grand jury proceedings, which took place in August 2018.
Nelson’s question wasn’t about a “hypothetical case.” Nelson asked Reich whether he had to explain the First Amendment, saying, “Do I need to explain the law to the [Grand Jury]?”
Why did Nelson need to ask Perry Reich what to do? Because Nelson didn’t know what to do himself. He was an incompetent Special Prosecutor. Before the Luthmann case, Nelson eeked a living collecting back child support in Family Court. His appointment as Special Prosecutor was a feeding trough for him. He had carte blanche with one proviso: Get Luthmann. Get him at all costs.
Nelson was placed in a predicament when, despite his best efforts to tiptoe around the legal landmines that would blow up the Luthmann vendetta prosecution, there were questions about Luthmann, and the First Amendment posed by grand jurors. Nelson could not have that:
GRAND JUROR: Can you state what freedom of speech, what is -- the second amendment?
GRAND JURY FOREPERSON: First Amendment.
MR. NELSON: First Amendment
GRAND JUROR: Can you tell us what the whole thing --
MR. NELSON: I'm not going to give a course on freedom of speech.
GRAND JUROR: I can look it up though?
MR. NELSON: You could look it up in terms of what freedom of speech means, but not in the context of this case.
GRAND JUROR: No, just --
MR. NELSON: You have a right to go on the Internet and look at anything as long as it doesn't pertain to this particular case.
GRAND JUROR: Okay.
Nelson Violates Appellate Division Orders and Court Rules While Representative of the People of the State of New York
Nelson claims his questions to Perry Reich were about a “hypothetical case.” Nelson further claims Reich is a “former attorney,” not caring to distinguish between permitted legal opinion with retired or non-practicing lawyers and prohibited legal opinion with disbarred attorneys.
Nelson’s communications with his legal advisor, Perry Reich, were prohibited legal opinion. Why? Because the New York State Supreme Court, Second Department ORDERED it so in Perry Reich’s disbarment:
ORDERED that respondent is commanded to desist and refrain from the practice of law in any form, either as principal or as agent, clerk or employee of another; respondent is forbidden to appear as an attorney or counselor-at-law before any court, judge, justice, board, commission or other public authority, or to give to another an opinion as to the law or its application, or any advice with relation thereto.
The Second Department also has court rules regulating the conduct of disbarred attorneys (see 22 NYCRR 806.9). These rules do not apply to “former attorneys,” only “disbarred attorneys.”
If Nelson was seeking advice from Reich (which he was), not only did he engage in the unauthorized practice of law (which he did), but he was also violating an Order of the Appellate Division and multiple of that Court’s rules.
Eric Nelson did all this as a representative of the People of the State of New York.
Nelson’s “Hypothetical Case” is a Lie and Perjury
Nelson’s “hypothetical case” argument is a line of bullshit. Nelson tells Reich in the email, “I am also going to include a misdemeanor false reporting an incident and stalking on a candidate.” Anyone who can read the email above can see that.
Nelson’s email to Reich was about Luthmann’s case.
Eric Nelson lied to Justice Marina C. Mundy in his papers.
Compounding his issues during the 2018 grand jury in the fake Facebook case, it appears Nelson, by lying to the Court, has committed a fresh batch of new crimes.
Nelson offered a false Affirmation to the Clerk of the Court for filing. This activity is prohibited under New York Penal Law § 175.35 - Offering a false instrument for filing in the first degree:
A person is guilty of offering a false instrument for filing in the first degree when...knowing that a written instrument contains a false statement or false information, and with intent to defraud the state or any political subdivision, public authority or public benefit corporation of the state, he or she offers or presents it to a public office, public servant, public authority or public benefit corporation with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation.
Offering a false instrument for filing in the first degree is a class E felony.
Because Nelson is an attorney, he is a public servant authorized by law to make official Affirmations to the courts. These official written certifications need not be signed before a notary. Nelson may also be in trouble under New York Penal Law § 175.40 - Issuing a false certificate:
A person is guilty of issuing a false certificate when, being a public servant authorized by law to make or issue official certificates or other official written instruments, and with intent to defraud, deceive or injure another person, he issues such an instrument, or makes the same with intent that it be issued, knowing that it contains a false statement or false information.
Issuing a false certificate is a class E felony.
Submitting his Affirmation in the most recent court filings may not have been wise for Nelson.
But for an incompetent Special Prosecutor with a record like his, it can’t be said that Nelson’s actions come wholly unexpected. Nelson had to “Get Luthmann.” He got paid handsomely for it. Now he has to do anything and everything - lie, cheat, rob, and steal - to ensure that the misdeeds of Castorina, himself, and their collaborators are not discovered.
All Eyes on Justice Mundy
Justice Mundy will hear Luthmann’s request, with a return date now set for February 28, 2023.
Can Justice Mundy ignore Eric Nelson’s most recent activity?
Recently, Justice Mundy was sworn in as an associate justice of the Appellate Term, Second Judicial District, an Appellate Court in Brooklyn, New York. The panel hears appeals from the criminal, civil, and housing courts in Brooklyn, Queens, and Staten Island. The Staten Island Advance called it “making history”:
Making history: Staten Island Justice Marina Cora Mundy appointed to N.Y.’s first all-female appellate panel
Justice Mundy will also continue to sit in Staten Island as a Supreme Court Justice.
Will sitting on a Brooklyn Appellate court change Justice Mundy’s opinion about whether the orders of Brooklyn Appellate courts must be followed? A Brooklyn Appellate Court ordered Perry Reich disbarred, commanding him to desist and refrain from the practice of law in any form, or to give any legal opinion or advice.
Eric Nelson knew all about the Appellate Division Order when he made Perry Reich his legal advisor.
In Nelson’s recently-filed Affirmation, he has his own opinions about the Brooklyn Appellate court language “give to another an opinion as to the law or its application, or any advice with relation thereto.” In fact, Nelson totally disregarded the Brooklyn Appellate Court’s command:
The practice of law it embraces the preparation of pleadings and other papers incident to actions and special proceedings and the management of such actions and proceedings on behalf of clients before judges and courts, and in addition conveyancing, the preparation of legal instruments of all kinds, and in general all advice to clients and all action taken for them in matters connected with the law...An e-mail communication from an attorney asking a former attorney regarding a question about the meaning of a case cannot be deemed the practice of law
Nelson’s case wasn’t in Moot Court at community college, and Reich and Nelson both knew it. Nelson needed advice on how to “Get Luthmann.” His continued usefulness to his masters (and thus his continued fees), depended upon it. Nelson, Castorina, and their colluders could not let Luthmann slip away on a technicality like the US Constitution. The legal and political fallout would be too great.
Perry Reich is not a “former attorney.” He didn’t retire or become an investment banker. Perry Reich is a disbarred attorney whose conduct is regulated by Appellate Division Rules.
Nelson is not a mere attorney in this instance. Nelson is a Special Prosecutor, the people’s representative.
How will Justice Mundy react to Nelson’s disregard for the Brooklyn Appellate Court’s Order and rulings, on top of his outright lies in her courtroom?
Will Judge Mundy look askance at Nelson’s collusion with Reich, his shady co-conspirator and “legal advisor,” who combined to circumvent explaining the First Amendment to Luthmann’s grand jury?
The same Brooklyn Appellate Court said in People v Samuels:
The District Attorney is required to instruct the grand jury on the law with respect to matters before it (see CPL 190.25 [6]). If the District Attorney fails to instruct the grand jury on a defense that would eliminate a needless or unfounded prosecution, the proceeding is defective, mandating dismissal of the indictment.
Nelson was obligated to be a “legal advisor” to the grand jury and instruct them on the law. Nelson responded, “I’m not going to give a course on Freedom of Speech.”
Nelson failed in his role.
In People v. Taylor, the New York State Court of Appeals stated that a Supreme Court Justice always retains the ability to decide a criminal case with a “fundamental matter” at issue. This rule has applied to situations where there is egregious conduct - i.e., a prosecutor knows the evidence presented in a case is false.
Nelson’s actions are not limited to knowledge of false evidence. Nelson is complicit in its fabrication. Moreover, Nelson thumbed his nose at the orders of several courts and engaged a convicted felon disbarred attorney as his “legal advisor.” Nelson colluded to abdicate his proper role as advisor to the grand jury and admonished grand jurors when they began asking the “wrong” questions. Nelson shepherded and suborned Judge Castorina’s demonstrably false statements, which Nelson must have known to be false because he billed the taxpayers for reading all the records.
Eric Nelson brought this case to Justice Mundy’s court. Nelson represented himself and this case as genuine and forthright, as a Special Prosecutor on behalf of the People of New York. In actuality, Nelson sold a web of deceit spun with perjury, collusion, lies, and other criminal behavior - and his dishonesty before the Court continues, unashamedly and unabashed.
But Nelson’s worst transgression may be what he appears to be doing to women and the law. The entire system of justice depends upon public perceptions. If Nelson’s lies are permitted to prevail, what does that say about the administration of justice in the State of New York?
The late great Ruth Bader Ginsburg is the most important woman lawyer in American history. She famously said, “Women belong in all places where decisions are being made. It shouldn’t be that women are the exception.”
Justice Mundy was one of three women sworn in last month as an associate justice of the Appellate Term, Second Judicial District, making it the first all-female appellate panel in New York.
By his conduct, Eric Nelson threatens to undermine the accomplishments of women and the law. Nelson’s outright lies and disrespect for the Court threaten to render Justice Mundy’s accomplishments an “empty gesture.” Nelson tried to pull the wool over her eyes and render her an “empty robe.” And for a female jurist especially, such actions reinforce the stereotypes that Ruth Bader Ginsburg and others fought and continue to fight against.
What will Justice Mundy do? It appears she has but one choice.
NOVEMBER IS COMING
November is Coming. Who will survive? Will Eric Nelson throw a bigger fish under the bus? But who’s a bigger fish? An NYS Supreme Court Justice? Someone else?
Keep Smiling.
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
Tips or Help: richard.luthmann@protonmail.com or call 239-287-6352.
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