Brooklyn, NY – A New York State Supreme Court overturned an earlier judgment against a Brooklyn rabbi convicted on eight counts of child molestation two years ago and ordered that Baruch Lebovits be granted a new trial. The 61 year old Lebovits had been released on bail last year after it was determined that witnesses had been paid to testify against him, as previously reported on VIN News.
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In a decision handed down yesterday by the Appellate Division of the New York State Supreme Court, the court ruled that Lebovits’ conviction was a direct result of errors that were made during the original trial which included denying the defense’s move for a mistrial when new evidence was introduced mid trial and allowing the prosecution to instruct the jury to consider evidence that had been declared inadmissible in court.
“We are extremely pleased that the court recognized the gross improprieties in this case,” Amy Aidelson, one of the partners at Dershowitz, Eiger and Aidelson which represented Lebovits, told VIN News.
While the court overturned Lebovits’ 2010 conviction and ordered a new trial in the case, Aidelson expressed some skepticism as to whether a new trial will ever be held.
“I think the people have a lot of work and thought ahead of them if they intend to proceed with this case. A lot of new evidence has emerged in the past year and I think they will have a very tough go of it.”
Rabbi Lebovits remains under house arrest, but his lawyers hope that he will be released on his own recognizance shortly when conditions of his bail are revisited by the court.
I really believe that the Rabbis children deserve a GOLD nedal for Kibid Av..
His son spent over a million dollars on legal fees defending his father and NOT allowing him to plead guilty on a crime they knew from day one he never committed.
Those were all Eyedis Shayker from the first minute which the Rabbi and his children knew…Now he his FREE and will not have to be on the sex offenders list…..
If the conviction was overturned why is he still under house arrest?
I want to commend VIN news for posting his vindication publicly and clear his name now as the case is crumbling.
Where are all the anti-chareidi activists? This case was one of their babies. This was the case in which they would prove to world that the frum community is rotten to the core, that every Rav and the major organizations of the Torah world were harboring molesters and promoting their sinful and criminal activities. There was such support to a case which did crumble because there was proof that a witness was paid to fabricate testimony. Was the agenda related in any way to the promotion of kedushas Yisroel and the protection of children, or was it to assassinate an innocent man “as an example”. Is there a heter to make an example out of anyone? Who asked that shailoh, and who paskened?
The activists need to be consoled. Let us band together and sign a petition of tanchumin. Then let us take over the task of creating policies that make sense in preventing any form of child abuse, tracking mechanisms to prevent the “address change” that pedophiles make to continue their evil ways, and establish trained batei din to do whatever verification is needed to move the criminals to prosecution and incarceration.
Then let’s sue those who are dedicate to killing others’ reputations.
What is the status with Kellner?
The court didn’t rule on the rest of allegations. It overturned it on the law.
The appealette court did confirm that the evidence is overwhelming against Lebovitz. The trial court erred in technical procedures. There will be another trial, especially since Lebovitz had other charges against him that were not tried at trial. Most likely, Lebovitz will plea bargain for a much shorter sentence or for the time he already spent in prison. At trial, Lebovitz was willing to accept a sentence of one year. The judge threw the book at him and gave him 31 years. He will now have his chance at the shorter sentence. Either way, this this gentleman is no gentleman.
That was pretty dumb to pay off witnesses. It doesn’t clear the defendant of guilt, though. Pretty smart of his lawyers. Another way to make the world look at us as if we are all crazy Orthodox Jews. Not a good thing.
#11 , when was the last time a Bais Din convicted a sex offender??
I’m going to throw up!
How dare all of you defend this animal
My friend killed himself because this monster couldn’t keep his hands off little boys I’m going to write the DA and tell him the truth about how our community is in denial and they should look this monster up for life,
Just ask yourself if it was your kid what would you do? Its kibud av that the son spent a million dollers? The son is a rodef who is trying to let that monster walk free to hurt more of our kids
How fast we forget lieby kletzky
You guys are all sick misguided perverts
Why are people using words like “vindication”? The judgment was vacated and he will get a new trial.
That does not mean he is innocent.
That does not mean he was framed.
That does not mean he is “vindicated”.
It DOES mean that an appellate court judge (a known liberal by the way) found irregularities in the original trial. Most of the irregularities involved the disclosure of evidence and other procedural issues.
The judge specifically states that the evidence against him is overwhelming, but that the irregularities were enough to warrant the re-trial.
Anyone who knows anything about this case knows that this animal belongs in a cage. The evidence is, in fact, overwhelming and it is very unlikely that another trial will yield a different result. He should stop torturing his victims and accept his fate. Personally, I’d rather someone had killed this rodef after he took his first victim. Since that is not an option, prison is the only remedy that this county allows.
This is typical the Amrican justice system…. Burich Mordeche is free & Shulem Mordeche Ben Rivka is still under bars……?????
OILEM HUFICH RU’ISEE!!!!!!!!!!!!!
If he is guilty- he will be found guilty again. it was declared a mistrial. The charges were not dropped. The prosecution has every right to restart the case.
Just I omission; the Appellate Court’s decision reversing the conviction was unanimous. Primarily for the prosecution’s assailing a Rabbi testifying for the Defendant as being a Child molester as well, and then in summation repeating the accusation against this Rabbi with no basis from the record.
All you need to know are the genes this man carries (it’s not a new occurrance in that family) and speak to many pple privately that have known him and his behavior. While I think 32 years was an exaggerated sentence; he still has got to pay for his behavior. And by the way, who ever ordained him as a rabbi? what exactly makes you a rabbi? I wish the news sites would stop titling every simple yid especially when they’re focus of such severe aveiros with this title. Unfortunately, the wrong pple are normally accused of such behavior while “rabbi” like him get off scott free.He should go through a trial.
Just to review this issue.
Activists on behalf of children (boys and girls) are motivated by their own experiences, or those close to them. Their efforts, even if not perfect, are honorable. If they accuse rabbis or rosh yeshivas it is because some, I repeat, some rabbis and rosh yeshivas have protected molesters. Hopefully, that is now past history.
The Markey Bill, or any compromise legislation in its place, is not only well deserved vengence, but also the identification of yet unpublicized molestors. This for the protection of all children, even yours if you don not believe in the Markey Bill.
Liebovitz earned the title rabbi, even though he definitely is not a rabbi, by having been a melamed-religious school teacher, when he allegedly molested many young boys.
Extortion is a crime and should be prosecuted. But, so also is child molestation.
The new trial will be with the original judge, and we all remember that she had all the information, even that which was not allowed to be presented to the jury, and that she, the judge, was furious at Liebovitz. She said in open Court that if she could, she would have sentenced him to more than the 31 years. SEE NEXT
It should be noted that even while overturning the conviction because of the Brady violation, the appellate division declared:
“We find that the evidence was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon our independent review, we are satisfied that the verdict of guilt was not against the weight of the evidence.”
Alan Dershowitz, renown attorney, did not direct any of his public statements to that which the Appeals Court declared.
Defendant Lebovitz would be real lucky if he can achieve a plea-deal with his sentence being time served.
That sure beats 30 more years in the slammer.
Bet you kellner walks.
Sorry I am using new device. We must surgically remove this cancer from our culture and sterilize our community to the healthy standards and prestine exemplary human behavior that Hashem expects and requires of us. After all he did make a distinction between humans and animals and there is a reason for it, So let’s not be such egotistical hypocrites. We hold ouselves to a much higher standard. We claim to be a more modest and G-d fearing peole. We understand that we are here to serve His purpose and be an example unto the nations. And then we allow our children to be destroyed by sick individuals who are either too ashamed or afraid to get help for their tayva and choose to act out on it knowing that they will get away with it and there will be no repercussions? They get to go toivel in the morning and daven with extra kavana and just pretend it didn’t happen till the next time?
There are no excuses for making excuses for these molesters. The truth will all come out one way or another just as it did on Mondrowitz, Kolko, Eiseman and many others. There is no hiding anymore. I honestly believe that Hashem is empowering us to see the truth and finally clean house from the dirt and the garbage that has remained hidden and infesting for way too long.
This is to all the “victims” while many of you have experienced traumatizing events in your life by this specific issue. I feel sorry and wish you can also spread awareness not only for legitimate victims but for the so many people that have been “victimized” by the non victim, victims; who pose as “victims”. These days unfortunately, the only way to take revenge against a melamed or rebbe or uncle etc. that you have complaints about is to fabricate “victim” stories by knowing that the govt. has no organized or methodical way of first investigating the truth in the allegation and instead they right away throw the alleged predator in jail before trial. Too many times have these men come clean. Too many times have the accuser pulled back and realized he couldn’t pull his lie through. In the case of divorces, it has become the latest style for women to suddenly ; at the point that they realize they’re losing too much in the system, to make up a story that the father molested the kids. These cunning women know that the courts will right away grant them the rights they’re seeking when filing such charges. Men need rights too. So my dear “victims” I do sympathize in your plight, but if
you want credibility to your charges and complaints. You have to spread awareness to stop those that are fabricating and untruthfully alleging such crimes. There are plenty and the public loses their belief and respect to the true victims because of those that take advantage of the gains they can have in revenge to those they hate by using this excuse. i am not saying that Mr. Lebowitz is innocent; there are enough out there (too many) that have too much to say about him that I say needs to see a jury.