Brooklyn, NY – Rabbi Hecht On The Crown Heights Shomrim Court Case: A Very Sad Day For Klal Yisroel, And Lubavitch

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    Brooklyn, NY – As the days of Pesach were approaching, an alcoholic man went to visit a community Rov with an interesting dilemma. “Rabbi, I’m a recovering alcoholic. Even though I could not control my drinking, I always stayed out of trouble. I always managed to manage my home and professional life, and I never put myself or anyone else in danger. I have been clean for a number of years, and I would like to fulfill the mitzvah of the Four Cups on wine instead if grape juice this year.”

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    Without a moment of hesitation the Rov answered, “Absolutely not.” Despite the man’s explanations and protests, the Rov was adamant.

    Some days before Yom Tov, this man came across the Rov in the street. “You know, Rabbi, after I met with you, I explained my situation to another Rov, and he gave me a heter to use wine!”

    The Rov answered: “I don’t know what you told him, or the reason for his heter. I do know that if he understood the nature of addiction and the danger into which you throw yourself, he would have forbidden you to do so, just as I did.”

    Someone recently stopped me in the street to thank me for my involvement in the Rubashkin case. “Did you go to court” he asked. Although others from our office did travel to South Dakota to be present at the trial I didn’t go to court. My many obligations in here in New York, I explained, prevented me from making that kind of trip. His response was quick. “What about the Shomrim case? Have you been to court? That’s right here in Brooklyn!” To this I had no answer.

    Therefore, this morning I arrived at the Kings County Supreme Court building at 320 Jay Street, went up to the second floor, and experienced my saddest day as an askon and, perhaps, as a Jew.

    I watched as a bearded young man in an ill-fitting suit and “yechi” yarmalke explained to a handful of attorneys, a judge and jury, alternately in English and through his Hebrew translator, why he wanted to imprison six Lubavitcher Chassidim.

    I started in avodas haklal at an age earlier than most. At the age of fifteen I was already heavily involved in a variety of activities which concerned the welfare of the community at-large. The next forty years of askonus would bring such a parade of problems and crises in front of my eyes that I naively thought that I had seen it all. Boy, was I wrong.

    Of all of the needless heartbreak that I have seen come about from reckless sinas chinom, nothing will wash away the sheer perversity I saw today when a Jew, a chosidisher yungerman -a Lubavitcher Chossid!-twisted and turned under cross-examination while testifying against six fellow Chassidim.

    There are two tragedies, though, that are totally lost upon most of those directly involved, but are clear as day to the judge, the attorneys, the jury. The first is that there were an abundance of lies being told in today’s cross-exam. Not critically important ones, perhaps. But in regards to details (who was present, who said what and when, affiliations, lifestyles, etc.) the truth was painfully elusive, and it was embarrassingly clear to all. Under cross-examination, it doesn’t take long for stories to unravel. Any attorney who could find the desire to begin untangling today’s web could keep himself busy for a long, long time.

    The second tragedy is how our way of life has been debased in court. The court transcripts are busting with references by the judge and the attorneys to “lapel pins” and “yarmulkes with writing.” The Lubavitcher Chassidim, the Rebbe, Crown Heights, the imminent coming of Mashiach, 770… Everything that means anything to us is today represented in Supreme Court through a “yellow flag” prism. Our associations, motivations and whether or not six fellow Chassidim will sit in prison will be determined according to the writing on our yarmulkes.

    I have sat through well beyond my fair share of court proceedings and I’m very familiar with the way things play out. A man takes the stand and believes that he has control, that he can tell his story the way it needs to be told. The absurd song and dance that is taking place at 320 Jay Street is evidence of just how naïve that belief is. Every word, every motion that takes place in court is masterfully controlled by the attorneys. After all, that is their art.

    No Rov could have given permission for this to take place. True, someone may have asked and justified their need. True, Shulchan Aruch may in fact permit going to gentile courts in some circumstances. But it is painfully obvious that if that Rov would understand the nature of the courtroom, its proceedings or the magnitude of the Chilul Hashem that almost always occurs in that setting, he would have forbidden these vain pursuits without hesitation

    Rabbi Shea Hecht is an Activist, and President of The National Committee for Furtherance of Jewish Education


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    99 Comments
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    punch
    punch
    14 years ago

    very well written. but what should those poor bochrim, who were beaten and thereafter hospitalized (one of them with a punched eye), do?
    i’m not saying that the rabbonim are corrupt, but, unfortunately, have no power to stop
    anyone from harming a fellow jew.
    it is very sad that we need the secular court to restore law and order in our community.

    Anonymous
    Anonymous
    14 years ago

    WELL SAID. THANK YOU RABBI HECHT. for saying the way it is. we need real rabbonim. rabbonim whom take a stand in the name of emes..

    izzy
    izzy
    14 years ago

    Kol Hakovod to Rabbi Hecht for speaking out about this!

    Anonymous
    Anonymous
    14 years ago

    “al aileh ani bochiyah”
    may we be zoche to “bshuv h’ es tziyon

    Anonymous
    Anonymous
    14 years ago

    rachmona latzlan
    rabbi shea hecht has always fought for klal yisroel

    Bluh as in Rosen
    Bluh as in Rosen
    14 years ago

    Shea,
    Bravo.Time someone in Lubavitch took a stand.
    Let’s say tehillim for them and for Sholom

    Anonymous
    Anonymous
    14 years ago

    Rabbi Shea well said, i feel how you feel, We Yidden are our worst enemy

    Only simchas

    Crown heights resident
    Crown heights resident
    14 years ago

    nice article.
    may i ask, what took you so long to put somthing out like this!

    To No. 1
    To No. 1
    14 years ago

    Read the article, he is focusing in the lies and agenda spilling over in to the court system. We all know it takes two to tang, there is no innocent person in this fiasco.

    Anonymous
    Anonymous
    14 years ago

    I think there is an equal chilul hashem when guys such as Hecht seek to deny other yiddin their legal rights to pursue claims in the forum where they believe they will get the fairest treatment. His outrageous comment that issues important to yiddin will always be dealt with unfairly or with an antisemitic bias show not only an abysmal lack of knowledge by Hecht as to how our courts work but also, a total lack of respect for a judicial system where yiddin play a greater role (as judges on the highest courts and as prosecutors and lawyers for plaintiffs and defendants) than any other country in the world. These bochurim and their advisors clearly know about the option of using a beis din (some would say a chiyuv) but decided not to. Hecht’s time would be better spent raising money for SMR (since he will need all the help he can get for his appeal) rather than trashing other yiddin and rabbonim who decided on the merits of this case to use the civil court system.

    formelly
    formelly
    14 years ago

    he did not say how to deal with the six who supposedly beat up this guy and others.

    What about the perpetrators?

    Anonymous
    Anonymous
    14 years ago

    Hate to break it to you guys, but its an AMERICAN COURT, not a “goyisha” court. The slurs against the court system, written by such a frum Yid, echo the slurs against Yiddishkeit registered by the anta-semiten. So if one Chussid takes the stand against 6 other Chussids thats a shanda? Maybe one of the boys did something wrong and that’s why he in the hoosgow. Emes? You want emes? How about justice– in a US court – in the land that we all live in.

    david
    david
    14 years ago

    Though sincere, the Rabbi does not clearly mention what exactly the lies are. Could it be that possibly there are no lies, but the truth hurts?

    Anonymous
    Anonymous
    14 years ago

    where was rabbi hecht until now?!?!? was his head in the sand?!! … it should have never ever gotten to this point!… as a leader he should have stepped up way before this and said something ,gotten involved as a leader and said something. TOO LITTLE TOO LATE!

    Support the Shomrim Six!
    Support the Shomrim Six!
    14 years ago

    Well, Shea, I have been there a number of times. You have only been once & let me tell you…the lies, the meseira, the shanda is far worse than you describe. I’ve seen the videos & the photos. What I see & the evidence I hear do not match.

    I am not a family member or friend, although as a result of this case I hope the defendants consider me a friend. What I have seen, the inconsistency, the lying, makes a mockery of our judicial system. By now I believe the ADA’s are aware of the insanity & I can almost see them begging Charles Hynes to release them from this pathetic case. They certainly aren’t doing much for their careers.

    The jury is irritated. And after all is said & done, it is a MAJOR Chillul Hashem. The “witnesses” are “frum”. The defendants are frum. The spectators (all polite & well-behaved) are frum. The ADA’s & some defense lawyers are Jewish.

    As far as whether you shriek Yechi or not, how big your lapel pins are, if your Yarmulke has Yechi on or not…a liar is a liar is a liar.

    I implore everyone to show support by donating to their legal fund & by going to court. If you have ever been helped by Shomrim, now is your chance to give back.

    Mushka
    Mushka
    14 years ago

    Chillul hashem oiyim venora,hashem yerachim olinu, bring moshiach now

    Let's shoot the messenger
    Let's shoot the messenger
    14 years ago

    The way of our people generally is to shoot the messenger. That’s the only way I have to rate the articles on VIN. How many times has the messenger been shot?

    CH
    CH
    14 years ago

    Where do I start?
    1st) Shea hecht is NOT a Crown Heights community askon, he works in a family org. and has is own personal intersts and on ocasions has betraid the CH community

    2nd) If going to court pains you so much as you say, and know the results it can bring,
    than why is it you have kept quiet for so long but when a few YOUNG men are trying to defend themselves, you have what to say.

    When those who you consider the “heads of Lubavitch have taken people and mosdos to court you said nothing in fact you even took the’yr side.

    3rd) If there is a problem with the matter than say so, why does it matter how they dress or what the’yr yarmulka says?

    metalisrael
    metalisrael
    14 years ago

    If Chabad was able to (or took the responsibility to) take care of its own sinners, there wouldn’t be a need to take them to goyish court, would there be?

    Anonymous
    Anonymous
    14 years ago

    what a shame !! let’s say that someone got punched in the eye or whatever still no dosesn’t explain to go & testifie in court u go to din torah shame on u…..with ur yechi yarmlkes

    Reading Comprehension??
    Reading Comprehension??
    14 years ago

    From the responses so far regarding mesira and rabbi hechts “opposition” to the US legal system I assume that readers of this site are either reading a yiddish version of the above article or have very poor reading comprehension skills. The latter is very understandable as we all recognize the poor condition of our yeshivas and educational system. The key to this problem and the very problem of illiteracy/violence can be solved through proper education. Rabbi Hecht we need your (NCFJE) assistance with QUALITY of education at this juncture in the development of our society.

    YITZIE
    YITZIE
    14 years ago

    I’m not sure what the right thing is over here but, 12 bochurim got beat’n up and the community said nothing. These people that did the beating are the bullies of crown heights that did alot of messirah themselves, the community was quiet. Why now when people finealy stand up for their rights and wants to put these people to rest once and for all does the community scream. What are we supposed to do with these bullies?

    Anonymous
    Anonymous
    14 years ago

    What ever happened to the idea of going to a Bais Din? It’s always been the proper way for religious yidden to go to a Bais Din and not have to go to secular courts?

    Anonymous
    Anonymous
    14 years ago

    I’m confused. Once the police get involved, I don’t think there is an option to chose a beit din, and there certainly is no legal option for witnesses to not testify when subpoenaed to court. This is a criminal, not a civil, matter (however bogus the charges might be.) We are also U.S. citizens and isn’t there some obligation to cooperate in police investigations to make sure the criminal justice system in this country works (apart from defendants who have the right to remain silent and therefore do not have a duty to cooperate). Of course, if any of the witnesses are lying that too is a crime and a shanda.

    chusidwb
    chusidwb
    14 years ago

    Its leider in allot of chasidus this way , when moshiach comes I hope he won’t be lost, and we all hope and pray he should come now cause all this crap aint getting better.

    Chabadnik Attorney
    Chabadnik Attorney
    14 years ago

    If you assault someone you are going to be arrested and ounished and any Rav who tells you not to go to the police is a Tipish. The only chilul Hashem here is that Jews have used violence against other jews and the victems are being demonized.

    you could say so
    you could say so
    14 years ago

    I wish we had a Beis Din that could flex their mussels, then the people of the community would have confidence to go to them. A fight broke out and it is so sad that Yidden raise a hand to other Yidden, Hashem cry’s from this, I am sure. But hey it happened and we have to deal with it, we have Halachas for this to be figured out within our community. When it ends up being a Chilul Hashem in a secular court of law where certain life style sensitivities can not be considered it really is sad.

    If the Beis Din cannot not enforce what they delineate it is also a break down in our community, I myself have lost $38,000.00 based on the Beis Din not having the power or set plans and procedures to enforce. I mean I have to sign a letter that my kid does not watch TV if found out my kid gets kicked out, but said kid does not get kicked out if parents disobey the Beis Din of the community….strange….

    Thank G-d for men like Rabbi Shea Hecht who with actions has dedicated his life to making a difference with these issues and with the total disjunction that exist sadly in our community other communities do have a functional Beis Din. And that is the core of this sad day in a secular court I believe. I love Crown Hts it is the most powerful Spiritual Hub outside of Eretz Yisrael. But room for improvement well yes you could say so…

    To 30
    To 30
    14 years ago

    12 innocent bochurim ,for sure ,then why is the hanhala of yeshiva scared to go into the building that the ‘bochurim” were beaten in? probably because the last time yossi c went in there he got a black eye ,the eruv rav pothead junkies should just stay in tzfas instead of terrorizing crown heights

    shtam a yid
    shtam a yid
    14 years ago

    dunno what this is REALLY all about…but in all honesty and I hate to bring it up again – whenever you have yechiniks or meschistss or whatever they are called – I’m reffering to the yellow flag and lapel pin folks, whenever you have them involved in anything you have machlokis! Period, end of story.

    That said I believe Shea Hecht is the son of JJ Hecht ztl and as such has more of a right to talk then most of the folks in crown heights. At least hear him out for whatever its worth.

    to 30
    to 30
    14 years ago

    have u gone to court? have u seen the videos? i guess that u didnt, cuz i did i watched the video tens of times heared alot of the testimony etc.. all i can tell u is that these “12 bochurim” werent victims rather they were the aggressors and on the offensive! like the video clearly shows! stop the propaganda! people went to court and know the facts! also they never claimed that 12 were hit! it was like half that amount! so u r full of bs propaganda! also before they submitted the video they edited it! can u tell me why? why didnt they hand in the full video to the court? what did these “bochurim have to hide? why when the police arrived that night did they all scamper to different rooms? this is by their own testimony! if they were beaten so bad why did the police do anything about it? how come when they went to the hospital they didnt get teated for any big injuries? if they were hurt so bad why didnt they seek follow up treatment by a doctor? one of them was diagnosed with “a boxers fracture”! that comes from throwing punches right!? the other had pain in his right wrist, i wonder why? is it because this “victim” was using it in a clenched fist and throwing punches?

    facts
    facts
    14 years ago

    in the court room everyone saw the lies that went on! this whole court case is a blood libel set up by a rival patrol group in crownheights and has been harrassing shomrim for years! and as much as they claim that they have nothing to do with it, we all know tthe truth! the truth always comes out! witnesses all told a different story and contradicted one another, they were all caught in inconsistent statements gallore !

    gavi
    gavi
    14 years ago

    i do not know this caseand it is quite possible, im not well versed in that area of halacha, that we are obligated to be dan lekaf zechut and view them as innocent, however i have a question to those who claim that this is mesirah, how would your respond the the psak of Rabbi Elyashiv and the Tzitz Eliezer stating that their is no such thing as mesirah in modern democratic countries,or that of R’ Wosner, quoting the Maharam alschich who stated that whenever the law is under the state’s rights under halacha to make their is no concept of informing, while adding that their is still the issue of hasheivas aveidah legoy, but which he rules is permitted when “informing” to a group and not an indivisual (although he does not think very highly of the practice)or that of Rabbi Yitzchak Shmelkes who states that, while still forbidden, in a just society, mesirah is downgraded to a tort violation, while their are many rabbis, Reb Moshe not least amongst them, who would disagree, i doubt that anyone would argue that Rabbi Elyashiv is not capable of giving piskei halacha which are a viable mekor to follow.(zatzals and shlitas where appropriate)i posted the mekoros in the prev. post on this topic

    iPod
    iPod
    14 years ago

    Well done nice article thanks for. Expresing ur thought

    AuthenticSatmar
    AuthenticSatmar
    14 years ago

    Unlike many of those commenting heren Rabbi Hecht took the time to go to court before voicing an opinion. Its after he went, and considered their desire for justice he reached a decision that its a shanda.

    The fact remains that shomrim were called to a scene, and it turned ugly. No one came with the intention of assaulting anyone. If this wasn’t a setup, why were they ready with video cameras?

    Anonymous
    Anonymous
    14 years ago

    When the incident includes violence, everything changes.

    I also was beaten up and my son was beaten up . . . by supposedly “frum” Yidden. (One attack was in front of the Aron Kodesh and the other was in a cheder and later in a shul.)

    People know how to manipulate rabbis, machers, entire communities, and the Beis Din “system” and literally “get away” with their violent behaviors.

    Enough!

    Jewish Law
    Jewish Law
    14 years ago

    this sort of act is prohibited by Halacha in every way possible. Shulchan Aruch Choshen Mishpat, Siman Shin Pey Ches Seiif Tes, and in the Alter Rebbes Shulchan Aruch Choshen Mishpat Dinei Nizkei Mamon Seiif Vov: “it is prohibited to give over a Jew in to the hands of a non-jew both physically and both financially… both to do so in speech to inform on him or to reveal his intentions… and that who does so has no part in the world to come.”

    It is clear and understood that it is permitted to call that police if he need immediate rescuing from a beating but immediately after one must call the parties to a Din Torah, and then it is upon the Beis Din to decide if it is permitted to continue with it.

    And even further more in relation to a claim and prosecution that comes two years later, that this has no place to be discussed in the courts at all. As it is explained in the Shailos U’Teshuvos of the Ram”a Siman Pey Ches: “it seems that is isn’t relevant to this discussion, that specifically at that time during his anger it is understandable like is says in the Peskei Merizbur”g, but if he forgot his initial anger is plain and simple that it is not permitted.”

    Furthermore, Messira is a horrible sin [lit. “criminal offense”] and is unthinkable [lit. “totally unacceptable”]. If they have any kind of claim, they must bring it before a Beis Din of Jews, and it is absolutely prohibited to indict them and to testify against them in a court of gentiles. As its is explained in the Shulchan Aruch Chosen Mishpat Siman Chof Vov Seiif Alef: “it is prohibited to deliberate before those who worship idols and in their courts…, even if the their law is a equivalent to Jewish law, even if both parties agreed to go before them on a claim, it is prohibited. And those who go before such a court, is an evil person, and it is as if he spites and scorns, curses and raises his hand to the torah of Moshe Rabainu of blessed memory. And it is in the hands of a Beis Din to judge him and excommunicate him [place him in Cherem] until he removes the idol worshipers from above his friends (Mahari”k Shoresh Kuf Nun Daled). And so would they excommunicate any who assists those who go before idol worshippers (Rivas”h Siman Kuf Beis).

    The Talmud in Gittin states:
    The Talmud in Gittin states:
    14 years ago

    R. Tarfon used to say: In any place where you find gentile courts, even though their law is the same as the Israelite law, you must not resort to them since it says, ‘These are the judgments which thou shalt set before them.’ (Ex. 21:1) this is to say, ‘before them’ and not before gentiles.

    Anonymous
    Anonymous
    14 years ago

    Just as Shea hecht is not the spokesman for Lubavitch, so are these shomrim hoodlums not Lubavitchers. Lubavitchers don’t show up to a dispute with lead weighted gloves to settle old scores. No difference whether these bochurim were wearing yechi yarmulkes or kipot serugot.

    Anonymous
    Anonymous
    14 years ago

    shea, why didn’t you advise them to take the deal the DA offered? You don’t seem to have the powers to convcince people the believe they are innocent to plead guilty to crimes the did not commit. Chacam? Ma hu oimer.

    Attornies and liers or lawyers
    Attornies and liers or lawyers
    14 years ago

    this 7 taliban meshchisim went to court and told 7 diffrent scripts to the same movie.
    god is guiding the jury and the thruth is comming out all the shmira=mesira friends will eat it in a few days and will have to pay for all expenses .
    Didant Notzach

    anonymous
    anonymous
    14 years ago

    All of you talmidei chachomim showing off choshon mishpat and the Rambam forgot to give a more important advice live a life in which you avoid the bais din and civil court. If you would give that advice you could not show off your torah knowledge

    Bibi
    Bibi
    14 years ago

    No one was physically hurt the bottom line here its all about revenge, Why doesnt a rav get involved and settle the matter, make a money settlement and everyone will be happy

    A family member of the Shomrim 6
    A family member of the Shomrim 6
    14 years ago

    Very well written. Thank you.

    Anonymous
    Anonymous
    14 years ago

    Everyone seems to be missing Rabbi Shea’s point.. what he is saying in simple words “it is a sad day that this was in the courts” it’s as simple as that – nothing more!!!

    yossi
    yossi
    14 years ago

    The rabbonim should have been there to stop this case from going to court, but since these same rabbonim whom the shomrim want help from have for a good number of years been spit on at every possible oppotunity by these thugs, would clearly make impossible to happen.

    Shomrim six
    Shomrim six
    14 years ago

    can you please explain why when 5 out of six shomrim members on trial now, have been offered a plea bargain to walk home Scot free only by taking an anger management course. and getting a violation which is no criminal record. arrogantly refused?????
    only to go crying and begging for financial help and sympathy??????

    Levi
    Levi
    14 years ago

    Giving money to the sohmrim legal fund is like give Charity to al kaida

    Levi
    Levi
    14 years ago

    if they (Crown Heights Shomrim) need money for their “legal fund” they can go to their boss leli hershkop he has plenty of mine.

    DOVID
    DOVID
    14 years ago

    Rabbi Hecht Shame on you for associating yourself with these thugs and making them feel like all the terror they have been committing all these years has your blessing.

    Shame on you!

    Yossi
    Yossi
    14 years ago

    #88 can you please tell me what good shomrim has been doing?????

    you know the people that have no money always carry their fortune with them all 100 singles and make sure to flash it in front of everyone, so to the shomrim have done nothing but chilull hashem and damage to the crown heights commumnity, the only thing i know of that leli has accomplished is to park Shomrim sccoters and a truck on kingston ave as a show.

    but when it comes to action the only thing i have known them for over the years, is to lock up Jews weather it be the bochurim or young boys at simchas beis hashoeiva or bothers and sisters having a family dispute etc.

    when it comes to taking the real criminals off the street you call Shmira, just look at the Shomrims’ website, they put a picture of prager holding down a black burglar and call him a racist.

    thank G-D for giving us Shmira and ppl like prager who have the guts to stand up to the real criminals.

    oh i forgot Crown heights shomrim do steal every police and hatzolah car accident call, to bring leli bussiness. so they are actually active. lol