Brooklyn, NY – Citing a the recent U.S. Supreme Court ruling that makes it illegal for law enforcement to search a person’s cell phone without a warrant, a Brooklyn judge on Tuesday tossed the evidence against a man accused of illegally snapping a photo of a female 18 year-old Orthodox Jewish sex abuse victim on the witness stand during the Nechemya Weberman trial in 2012.
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NYDAILYNEWS. com (http://nydn.us/VNtF1r) reports that 24 year-old Yona Weissman was charged with contempt after court officers found the picture on his phone a day after he allegedly took it.
In his ruling, Judge Michael Gerstein said in accordance with the new SCOTUS ruling, evidence taken fro Weissman’s phone could not be used against him.
A spokesman for Brooklyn DA Kenneth Thompson’s office said they would be “reviewing the decision.”
Weissman, who was spotted running from the courthouse to avoid the media, was head out to “celebrate,” according to a friend.
Figured he would celebrate while the victim still suffers. No remorse for sending pictures from the court of this poor girl.
As Bill Ayers the terrorist said, “Guilty as sin, free as a bird – what a country, America.”
Without condoning anything here, how serious is the crime of snapping a photo? I understand there are rules against turning the decorum of a courtroom into a photo shoot, but this appears to be a witchhunt, not enforcement of laws. The picture was already taken. The subject was dressed and testifying in court. What’s the “crime”?
Simple solution- don’t allow cell phones in the courtroom.
So Weberman was convicted with no evidence other than a alleged victim’s statement. But in this case, where he was witnessed taking a photo by the court officer, that’s insufficient. So for a minor misdemeanor a sworn statement by an officer is no good, but for locking up Weberman for 100 years, a statement by a victim with an agenda and coached by the DA is sufficient. Sounds like we have a messed up justice system.