Staten Island Judge Accused of Perjury: Cover-Up Allegations Surface
Staten Island Judge Accused of Perjury: Cover-Up Allegations Surface
Robert H. Tembeckjian Under Fire for Failing to Report Judge Ronald Castorina’s Perjury
By Dick LaFontaine, M. Thomas Nast, and Frankie Pressman
Robert H. Tembeckjian, the administrator and legal counsel for the New York State Commission on Judicial Conduct, faces serious accusations of malfeasance. He allegedly failed to report misconduct by Staten Island Supreme Court Justice Ronald Castorina, accused of committing perjury during 2018 grand jury testimony.
Tembeckjian and all the other attorneys on the Commission are under fire for a serious ethical violation: failing to report the known dishonest, untrustworthy, and unfit activity of another lawyer or judge.
The Allegations Against Castorina
Richard Luthmann, the complainant and a writer for this outlet, asserts that Judge Castorina lied under oath during sworn testimony before a Richmond County grand jury. The publicly available evidence, including Facebook Messenger messages between Luthmann and Castorina, directly contradicts Castorina’s statements, raising questions about his honesty, trustworthiness, and fitness as a judge.
Luthmann’s detailed letter to Tembeckjian on June 28, 2024, brings attention to this issue.
“The Commission never explicitly stated that Castorina didn’t lie under oath and perjure himself. The Commission never explicitly stated that Castorina didn’t engage in felonious conduct. Such alleged misconduct is so serious that Castorina's honesty, trustworthiness, and fitness, as documented, are per se ethical malfeasances that require reporting,” he writes.
Contradictory Evidence
The core of the accusation lies in the contradiction between Castorina’s sworn testimony and his private messages. During the 2018 grand jury proceedings, Castorina testified that he had limited interaction with Luthmann and no involvement in business, legal, or political ventures with him. According to the sworn testimony:
CASTORINA: But any communications that he had with me were unwanted communications, and as an elected official, at times, people contact you that probably you don’t want them to, but you have to kind of placate them.
And we have crazy people that contact me. There are people that are just, you know, complainers. There are all kinds of people when you’re in the public eye. They will gravitate to you for whatever reason and they will seek you out.
However, Facebook Messenger messages tell a different story.
In a message dated January 16, 2015, the duo discussed Luthmann’s ongoing feud with then-Richmond County Democratic Party Chair John Gulino. Castorina told Luthmann, “I can't wait to read about it. I think he's a swell guy. Great letter btw. I'm sure it went over like a lead balloon. Lol.” This message indicates a close relationship, contradicting Castorina's testimony of limited interaction.
On January 16, 2015, Castorina responded to Luthmann's message about Larry Gilder, Luthmann’s driver whom Castronia also represented as a lawyer. Luthmann made his own Democratic Party organization and dubbed Gilder the “Chairman” to further exacerbate his battle with Gulino.
Luthmann taped a video spot voicing the “Democrat Chairman's” support for the Second Amendment. Castorina quipped, “Is he an NRA member yet?” followed by a light-hearted conversation about the NRA-related Public Service Announcement.
These interactions reveal a personal and involved relationship, directly opposing Castorina’s sworn testimony. Further messages show collaboration on political matters.
On February 10, 2015, Castorina was in the middle of a federal court lawsuit seeking to compel then-Governor Andrew Cuomo to call for a special election to replace former Congressman Michael Grimm, who had resigned amidst what many now call a “witch hunt” political prosecution.
Castorina asked Luthmann, “What do you think of my complaint? I'll email you my memo of law later on too.” Luthmann replied, “It's good...technical...makes the argument turn on ‘shall.’”
This exchange suggests that Castorina sought Luthmann’s input on legal strategies, which contradicts his testimony of no substantial involvement with Luthmann.
In another message from May 15, 2015, Castorina, a New York State Assemblyman, discussed holding a fundraiser for his political campaign. Luthmann told Castorina, “Let me know if you do it...I'll write you a check,” referring to the political maneuver. Castorina responded positively, showing active engagement in mutual political activities. These messages directly contradict Castorina's claim of no involvement in business or political ventures with Luthmann.
The messages continue into 2016, further undermining Castorina’s sworn statements. On August 31, 2015, Castorina responded to Luthmann’s message about a court case, showing awareness and interest in Luthmann's legal activities. “I wonder if they take this down at the courthouse,” Castorina wrote, indicating ongoing communication and collaboration.
D.A. Mike McMahon: ‘Smiling Jack’ and ‘The Grinch’
In 2015, Luthmann created a fake Facebook page for Democratic District Attorney Candidate Michael McMahon. The page was clearly made to lampoon McMahon and contained political satire, including the McMahon campaign team re-styled as a La Cosa Nostra Family.
Luthmann had previously called McMahon’s team “POLITICAL HACKS.” Castorina interjected, “The Irish mafia, lol.”
In another message, Luthmann sent a picture of McMahon alongside the Dr. Seuss character “The Grinch.”
Castorina replied, “Lmfao- fucking hysterical ha ha ha. You're the best rich. I just got home and saw this and cracked up. It's spot on. Lol.”
In yet another message, Luthmann referred to McMahon as “Smiling Jack” and McMahon’s advisor, former Judge Carmen Cognetta, as “Girl Get On Your Back.” The latter reference was to sexual harassment allegations that forced Cognetta to resign from the Family Court bench in 1993.
Castorina’s reaction was apparent. “I love the smiling jack reference and ‘girl get on your back’ fuckin amazing.”
However, Castorina’s extraordinary Grand Jury testimony was a total 180-degree turnaround. In somber tones, he was shown and asked to describe the Grinch and McMahon photos. Castorina neglected to state his first reaction was “Lmfao- fucking hysterical.”
CASTORINA [shown the Grinch and McMahon photos]: “He [Luthmann] compared D.A. McMahon to a Dr. Seuss character in a photograph. He put two photographs side by side. It shows D.A. McMahon looked like he was in a frowning — has a frowning face on, and then the Dr. Seuss character has a similar frowning face.”
NELSON: “Now does that fairly and accurately represent what you observed around the time period of September of 2015, which would be several months before the District Attorney’s general election?”
CASTORINA: “And at least seven months before my first election, yes. It does accurately represent a — a message — I mean a message, if you will, because it’s two photographs that were transmitted to me by Mr. Luthmann.”
NELSON: “And how about the next photograph, sir?”
Castorina was shown the McMahon-Cognetta photo and, in an utterly astonishing statement, claimed he was not sure what Luthmann was referring to. Yet in 2015, Castorina messaged Luthmann, “I love the smiling jack reference and ‘girl get on your back’ fuckin amazing.”
CASTORINA: “The next one had — it says, Smiling Jack and Girl Get On Your Back. Meet Team McMahon. Is this who you want keeping Staten Island safe? I don’t know who he’s referring to as well. I guess he’s referring to D.A. McMahon as Smiling Jack, I guess. I don’t know. I would be speculating to say. But clearly there are two photographs, one of what appears to be D.A. McMahon and another which looks like former Judge Cognetta.”
Castorina’s statements about sitting District Attorney McMahon pale compared to what he said about his political rival for NYS Assembly, a Staten Island lawyer named Janine Materna.
Conversations About Janine Materna and Grand Jury Lies
One notable conversation thread centers around Janine Materna, a political figure in Staten Island. These discussions further illustrate the depth of Castorina’s involvement with Luthmann.
On October 11, 2015, Castorina told Luthmann that Materna had filed a committee, indicating she would likely challenge him.
“Janine Materna filed a committee—she’s going to primary me for sure,” Castorina wrote.
Luthmann’s reply was supportive, and the conversation revealed strategic discussions about Materna’s political activities.
“That bitch has had a URL for assembly congress and senate for 5 years- she’s fucking nuts,” Castorina said.
Luthmann replied, “Facebook...”
Castorina was drawn in immediately to the suggestion.
“Yes- I need to talk to you about that race, and I’m going to need your expertise,” the now-sitting judge said.
On October 11, 2015, Richard Luthmann shared the link to the Janine Materna Fake Facebook page with Ronald Castorina for the first time.
Castorina knew about the fake Materna page in October 2015.
On November 7, 2015, Luthmann informed Castorina he had formed the political consulting firm Castorina suggested: Dark Penguin Strategies LLC. Castorina wanted to meet Luthmann. Luthmann also alerted Castorina that Materna had messaged him about the Fake Facebook site.
Castorina knew Luthmann was doing political work for him, as confirmed by the formation of “Dark Penguin Strategies, LLC” in November 2015. He knew Luthmann was behind the Materna Facebook, and Castorina collaborated with him, offering to pay Luthmann for his expertise.
The Castorina-Materna Republican Primary Election for the NYS Assembly took place on September 13, 2016. Less than one month before, Luthmann reported his fake Facebook posts to Castorina.
The first was a picture of Materna with former NYC Mayor Bill DeBlasio, a politician reviled in the Staten Island Assembly District. The Facebook post stated: “We will have a conversation about Housing Projects on the South Shore. #NYCHATottenville.” The post sparked backlash and anger in the voter base – Luthmann and Castorina’s goal.
The second post featured Materna with reviled sex offender Anthony Weiner, stating: “SOLID ON WOMEN’S ISSUES.” Castorina replied: “lmfao ha ha ha.”
On August 21, 2016, at 6:37 pm, Castorina sent Luthmann a picture of Materna with Obama Attorney General Eric Holder. At 6:40 pm, three minutes later, the image was posted to the Materna Fake Facebook page with the caption: “BLACK LIVES MATTER #BLM.” Castorina said, “That’s just hysterical wow.”
On August 30, 2016, two weeks before the primary election, Luthmann sent a message to Castorina. “I think we have to do a new video,” he said. “Janine Materna is not a democrat. Janine Materna is a cunt.” “She’s a rotten one at that,” Castorina replied.
Luthmann said, “Janine Materna XXX?” and sent a photoshopped picture of a blonde woman performing a lewd act on a man.
“She will jump in front of a bus,” Luthmann said. Castorina replied: “Lmfaooo omg. Her and Weiner. There’s her pearl necklace she always wears.”
On September 7, 2016, less than a week before the primary election, Luthmann sent Castorina a message saying the hashtag #NYCHATottenville would be trending. The #NYCHATottenvilla came from the Materna fake Facebook. Castorina responded, “Good as it should be!!!!!”
On September 12, 2016, the night before the election, Tina Moore and Carl Campanile of the NY Post broke an article entitled: Fake Facebook page smears state assembly candidate. At 6:32 pm, Luthmann forwarded the story to Castorina, who replied, “She’s nuts.” Luthmann said, “She must have missed that whole First Amendment thing in law school.”
The Facebook Messenger conversation, filled with derogatory remarks, exposes a side of Castorina that contrasts with his public image and sworn testimony of professional distance. Castorina taints the solemnity of the judiciary.
In the 2018 Grand jury, the prosecutor hell-bent on sending Castorina’s “friend” Luthmann away asked about communications with Luthmann. Castorina said Luthmann was crazy, and Luthmann contacted him without receiving encouragement from Castorina:
CASTORINA: But any communications that he had with me were unwanted communications, and as an elected official, at times people contact you that probably you don’t want them to, but you have to kind of placate them.
And we have crazy people that contact me. There are people that are just, you know, complainers. There are all kinds of people when you’re in the public eye. They will gravitate to you for whatever reason and they will seek you out.
He was one of those such people, but, in addition to that, he was also an adversary representing people on the other side of certain cases that I had, and in particular -
NELSON: Just don’t —
CASTORINA: Yes.
NELSON: Leave it at that.
“Unwanted communications?”
The messages between Castorina and Luthmann show a close, strategizing relationship contrary to Castorina’s statements under oath. Luthmann and Castorina’s conversations indicate that their interactions were part of a broader pattern of collaboration and mutual political maneuvering.
And they were also part of what Luthmann believed was a friendship.
Luthmann’s Letter to Tembeckjian
Luthmann’s letter to Tembeckjian outlines these contradictions and calls for accountability.
He wrote, “Your statements in said letter are dishonest and false. I am informed that the Commission ‘skirted’ the Castorina perjury issue by stating that Castorina’s alleged conduct was not sufficiently related to judicial functions and thus was not reviewable by the Commission. That is not the same as ‘unsubstantiated.’”
Luthmann did not hold back, accusing Tembeckjian of unethical behavior.
“Let’s not mince words. You are lying for Castorina in this act of ‘judicial fellatio.’ That is troubling. It is also an ethical violation of the Rules of Professional Conduct,” he stated.
Professional Misconduct and Ethical Violations
“Stevie Wonder can see what’s going on,” Luthmann said when asked for comment. “Either these people on the Commission didn’t read, or more alarmingly, they were told to look the other way, and Castorina’s ‘Pass’ was signed, sealed, delivered.”
Questioning the integrity of the Commission, Luthmann says that any group that so blatantly denies the truth is “systemically flawed.”
Luthmann argues that the Commission on Judicial Conduct’s dismissal of the complaint against Castorina without proper investigation constitutes a breach of ethical standards. He cites multiple violations of the Rules of Professional Conduct by Tembeckjian and other commission members, including Joseph W. Belluck, Taa Grays, Brian C. Doyle, Marvin Ray Raskin, Graham B. Seiter, and Celia A. Zahner.
“Each of these attorneys violated Rule 8.3 of the Rules of Professional Conduct,” Luthmann wrote. This rule mandates that lawyers report knowledge of another lawyer’s violation that raises substantial questions about the lawyer’s honesty, trustworthiness, or fitness.
Call for Reopening the Complaint
Luthmann’s letter requests that the complaint against Castorina be reopened and that reporting obligations be fulfilled. He emphasizes that Castorina’s perjury, acknowledged by the Commission as occurring outside his judicial activities, is a serious offense that must be reported.
“Castorina’s perjury, conceded by the Commission as occurring but outside of the scope of his activities as a judge, is serious malfeasance falling in the per se reporting category. This misconduct could have serious implications for the judicial system's integrity,” Luthmann argues.
Luthmann says he’s willing to give these folks a mulligan.
“Maybe they will actually read the transcripts and the Facebook Messenger messages this time. But if they don’t, they’ve already said I can’t go after Castorina, so I’ll go after them,” Luthmann said. “It’s a righteous cause in that den of authoritarian socialist snakes - the People’s Republic of New York.”
Broader Implications
This case raises significant concerns about the integrity and transparency of the judicial conduct oversight process in New York State. Luthmann emphasizes the importance of accountability.
“The fact that attorneys and judges are reviewing the previous conduct of a current New York State Supreme Court Justice does not exempt them from their ethical responsibilities. Transparency and accountability are paramount in such cases,” Luthmann said.
A matter related to these issues before the Commission is pending before Justice Louis L. Nock in the Supreme Court of New York County. Luthmann suggests that disclosure to that Court could meet ethical requirements, ensuring the allegations against Castorina are appropriately addressed.
Castorina’s prior dishonest conduct has rendered him judicially impotent and ineffective. Guy Simonetti, a retired NYPD Detective and 9-11 responder whose divorce case was before Castorina, says someone who committed felonies cannot legally be an NYS Supreme Court Justice.
"His felonious conduct legally disqualifies him from serving as a Supreme Court Justice, and all of his decisions and orders are legal nullity." Simonetti believes Castorina's alleged felony conduct should lead to his removal from the bench.
Takeaway
The accusations against Robert H. Tembeckjian and Judge Ronald Castorina have overshadowed the New York State judicial conduct oversight process. As Luthmann’s grievances progress, the legal community and the public await further developments in this case, underscoring the necessity of integrity and accountability within the judiciary.
He’s a scoundrel and a coward. Thankful you’re pursuing accountability.