New York – Father Sentenced to 30 Years For Abuse of Daughter

Oy vey vey is mir

if the gav’d shlita and other gedolim shlita went to his support , “yesh devorim bgoi” gavd is a big tzadik and secheldig person, and a daas torah, so we all better think b4 we make a not so nice comment about the father, (im not and we shouldnt judge right or wrong)

I often wonder when I read these stories what goes on in a person’s mind when he commits these kinds of acts. It is so hard to understand. A frum person, in a frum community, who commits incest with a daughter. This must be a sickness. Why the support from the rabbonim? It is kindness? Or is it more kind to show support for the victim?

There is one important point that i haven’t seen mentioned here.

the judge said very clearly: it’s hard to make a crime like this even worse, but you did.

and this was not the only thing he said. he made it very clear that the harsh sentence had a lot to do with the way weingarten behaved at the trial. so take this into account when you start your rant.

bt”w, i recently learned, that r’ moshe green was visited, prior to the trial, by someone involved in the defense, and that guy begged him to please tell weingarten to go for a plea bargain because otherwise it’s a lost case. r’ green’s answer: a yid doesn’t confess to things like this……

so lets just keep all that in mind. had they used ABISEL SEICHEL, he might have gotten off the hook with maybe 5 years, and maybe even less.

and still i go back to my first argument, he did have a chance to behave in court like a NORMAL HUMAN BEING, i’m not saying as a saint. all i’m saying is, a normal mentch, and he would be way better off.

you could blame the daughter or whomever you want to, for massering. but there is only one person you can blame for the way he behaved in court. and that one person is y m weingarten. period.

once again. when you think about the 30 year sentence, remember the words of the judge:
“You seemed to enjoy yourself in a perverse sort of way,” he said that, about how y m interrogated his daughter, and then he went on to add some very painful words:
“It’s hard to make a crime like this worse, but you did.”

think about these words of the judge before jumping about the 30 year sentence.

and as for r’ m green, i already said that before, he should have thought of the consequences of his actions before he directed weingarten not to go for a plea bargain.

Abisl seichel: Non of the robonim came out to say that her store is not true. They all wanted to do what was dome all these years hush it up. As a jew myself the fact that a brother is going away for 30-year does hurts. It sounds like you know about the case, lemme ask you what about the younger sister, that also did not happen? he is not a rodeph? what about all the guys who know him from yeshiva???

He acted despicably and immorally against his children and against Hashem. Therefore Hashem allowed him to behave the same way in front of the Judge and Jury therefore allowing them to see his true nature. He shunned Hashem’s Torah and acted despicably against his children as he shunned the Law and chose to represent himself. In so doing, he proved to the court how believable the claims against him were because he acted similar and worse towards his children in open court.

Do you see the correlation here and with the case against the Agudah? They admitted Fault in the Kolko case and by coming out against the Markey bill instead of staying quiet as Weingarten should have and allowing the attorneys to defend him, in this case waiting to see what happens with the Markey bill, they panicked with the worst imaginable fear that they would be the first and foremost Mosad to be be sued and attacked for employing and harboring the molester Kolko and advising other institutions to cover-up such cases. That’s why they, who were the utmost nogeah b’davar convened this scam of a concil and released the statement opposing the Markey bill. basically to protect themselves above and beyond anyone else.

Malky2, for the edification of those who defend Weingarten in ignorance, can you please summarize what the evidence against him consisted of?

He had his trial in the month of Adar, his guilty verdict was read on Shushan Purim and his sentencing was on Pesach Sheni…….I don’t need to say more.

Hashem is protecting our innocent youth.

IW, 59, represented himself during a weeklong trial in March in federal court in Brooklyn. He cross-examined witnesses, including the victim, now 27, the second-oldest of his eight children with his ex-wife, Feige. The children’s ages range from 13 to 29.

Weingarten yesterday told the court that he really didn’t want to represent himself, but felt he had no choice because the two attorneys supplied to him were not satisfactory.

The jury convicted Weingarten on all five counts of transporting the victim in foreign commerce with intent and for the purpose of sexually abusing her during the spring and summer of 1997.

On each of the five counts, U.S. District Court Judge John Gleeson yesterday sentenced him to 10 years followed by three years of supervised release. The jail time for three counts will run consecutively and two concurrently, resulting in a 30-year imprisonment followed by three years of supervised release.

Prior to the sentencing, the victim and her older brother, 29, read statements detailing the horrors of being physically and mentally abused by their father. They said their father brainwashed his children as well as his wife.

“Your honor, I don’t think I would ever be able to forgive what my father has done to my sister and to my siblings,” the older brother said. “I’m not going to forgive him for causing great pain and suffering to me and my dear sister.”

As she read her statement, the victim was shaking and choked up with tears. She said her emotional trauma because of her abused past still haunted her, sometimes making it difficult for her to control her anger and fear.

When she saw a father with his daughter at a camping site last year, for example, her heart raced because she thought she had to help protect the daughter from Weingarten.

“I felt like you were just right there,” the victim told Weingarten. “I couldn’t see the daughter’s father, I saw your face.”
After the jury’s verdict, later in March, Weingarten hired a new attorney, Demosthenes Lorandos of Ann Arbor, Mich. Lorandos filed a memorandum with Gleeson, seeking a motion to set aside the verdict and to grant a new trial.

Lorandos stated in court papers that Weingarten never waived his right to have an attorney and that he did not have a fair trial without adequate representation.

The motion was denied.

Weingarten’s younger six children are firmly supporting their father.

His daughter Chayeh Weingarten, 23, and her sister Chaneh, 20, testified during the trial that their mother was the one who had molested their older sister.

As Weingarten was making his final statement prior to sentencing yesterday, two of his sons, Yoil, 24 and Yakev, 18, cried out loud and were silenced by the judge.

Half of the courtroom was filled with Weingarten’s supporters from the ultra-Orthodox Jewish community, including several rabbis.

Lorandos told the court that the entire truth did not come out during the trial.

Gleeson said that during his career, he had seen some cases in which a trial did not bring out the truth. But this case was not one of them, he said.

“It’s hard to make a crime like this,” Gleeson said, looking at Weingarten. “But you did it.”

After the sentencing, Assistant U.S. Attorney Andrea Goldbarg, who led the prosecution, gave a long hug to the victim, celebrating the ending.

Weingarten’s supporters were upset with the outcome.

“My father is not guilty, and we are not brainwashed,” Chayeh Weingarten said. “We’re going to appeal.”

Weingarten has 10 days to appeal

Post 1 of 11

Below you will find my victim impact statement, which on Friday I attempted to deliver in open courtroom, before the Court, however, as the Judge explained in open court that my molestation was far removed from this case; therefore, he ruled that I could not make the statement, regardless to the judges ruling please indulge me, and allow me to enlighten you as to why I did go in front of the Court to confront Yisroel Moshe (YM) and what I would have said to the court if the Judge ruled in the prosecutions favor.

Preface
Let me categorically state that I unconditionally love everyone in my family, regardless of their specific acts, or on which side of this disagreement they aligned themselves, for a long time I looked fondly on this quote by James Baldwin: “I imagine one of the reasons people cling to their hate so stubbornly is because they sense, once hate is gone, they will be forced to deal with pain”. In this unfortunate case, this quote fits like a glove and I know in my heart, and I believe with all my soul that some family members are petrified to deal with the real source of their pain.

Premise

Please allow me to explain my premise, that without having firsthand knowledge I certainly did not witness the litigated incestuous pedophiliac attacks. Nevertheless, without a doubt, I believe that YM molested this victim because of the incestuous pedophiliac attacks on me by YM he positively attacked me repeatedly. I am not going to argue the Halacha, nor am I putting myself forward as a Posik, or even a Ben Torah and I am not interested in Pilpl as this is not the place for Pilpl I am only paying attention to facts. Therefore, if you are going to debate my basis and attempt to crack my foundation- good luck your hardened views of YM was set in stone long before you even heard any whispers of the molestation. Moreover, if it does not matter to you, how much evidence the DA put forth during the trial, and you still cling to your assertion that you did not see any evidence, please do not expect any reply from me, it would be pointless to be nitpicking with you and seen picayune.

Now that I established my foundation, you need to understand what underpinning logic I used, in my decision to make the statement, the following principles, should help you understand why I actually traveled all the way to New York and made the statement before the court; the principles are not in any particular order.

Post 3 of 11
Six – what about my pain not only was I molested by YM, but the pain for each of the victims grows every day as YM’s defenders, facetiously claim that the only reason his children and I are accusing him, is, for some unexplained precarious reason. Alternatively, we just fabricated the charges because we differ with his theological interpretations and, somehow, I just want to get even with YM, it begs the question, even for what?, and why YM, why not my other brothers?, they have the same beliefs as YM, this pretext is the 21st century blood-libel, in the end of the day, YM is in this predicament only because of his own despicable actions for personal gratification.
Seven- any defender who are willing to espouse that the victims are not trustworthy in God eyes, due to religious divergences, need to look into their own heart and evaluate were he/she stands with God, and stop advancing the idea that you know what God wants and who is a good Jew, while simultaneously you turn a blind eye, while defending a child molester. It behooves us to judge Jews of any affiliation or no affiliation at all, what is in their heart, do they love another Jew, moreover do they hate another Jew so intensely, that they are willing to blatantly lie and commit perjury, (subject themselves to incarceration) and point a finger at their own family member, and accuse him with horrific crimes against minors? Defenders, you ought to learn from Daniel Pearl RIP who was not religious, how proud he was to say, “I am Jewish”, when he knew that would be his last words, what were Daniel’s last words, before Al-Qaeda butchered him? “My mother’s Jewish, my father’s Jewish, I’m Jewish”. (Copy link below and paste into your browser and hit enter) http://www.youtube.com/watch?v=S5NRksR1trI or http://en.wikipedia.org/wiki/Daniel_Pearl you tell us that he did not die on Kiddush Hashem. I will state once more and for the last time, I love every Jew no matter what their affiliation is, and when I hear or read a story, which touches any Jew in a painful manner it hurts, as it would be a family member and most importantly, I never verify what their level of observance is.
Eight- any defender, no matter under what pen name you hide behind, when you write one of your brazen excuses you’re enabling another molester to continue his aggression on innocence’s. Furthermore, this minute in your community, numerous victims are watching these proceedings and wondering – if I speak up or seek help, will I be treated with the same contempt as the victim in this case? You ought to do some soul searching on what effect you have on theses broken souls, I will not evade my moral responsibility to speak up, and by this means, help other victims in need.

Post 5 of 11
YH, the defendant knows that for years he molested me, furthermore, he also knows that my Mom RIP knew about the molestation, in fact my Mom walked into our room as he was molesting me. At that time, I was young and approximately ten years old, and I was innocent and did not understand what the defendant was doing to me, the only thing I understood, that he gets pleasure from it, therefore, I let him molest me because I wanted to make him happy and even after Mom discovered the defendant molesting me, he continued to molest me until I was fifteen – sixteen years old. At present, if the defendant would cross-examine me, as to, in which bed he molested me, or who rubbed whose stomach I would not be able to answer, nevertheless, that does not make it less truthful, I also know that my Dad RIP, knew about the molestation too. After my Mom discovered the defendant molesting me, my Dad took me aside, and, with his quiet demeanor, opened the Talmud and read for me a passage, which affirmed that brothers should not “lay” with each other. As we are here in this courtroom today, I still do not have any clue what my Mom or Dad told him, nevertheless, I am convinced that neither my Dad nor my Mom, prepared a tape recording from the defendant admitting that he molested me, for their eventual defense as he did.

YH for all the years since the defendant molested me; I never looked back at the experiences I put the episodes behind me and I attributed it to self-discovery and sexual experimentation I reasoned, Well we all grew out of our young, self-indulgent, or stupid behaviors, which we are ashamed of and hope that nobody remembers nevertheless, as adults, we all understand what is right and what is wrong, and what society expect from us, therefore, I never looked back at our episodes. However, it all changed in 1999 when my wife told me that a family member told her “your niece claims that her father has molested her” spontaneously I answered, “I believe her – he molested me too”. At that precise moment, the dam-burst and all the pent-up emotions poured out, right then and there, I understood that the defendant is not only a molester but a pedophile as well, my world turned upside down, I knew I had to stand with, and support the victim, despite living over a thousand miles away from the defendants community, my pain was relentless. I understood that all his children are victims too, they would suffer pain, shame, whispers and finger pointing, outsider who are not from his community, could not even comprehend.

Post 7 of 11
YH, for over fourteen years Israel schemed his defense at the expense of his two children and his ex wife, YH, isn’t true that all the molestation charges were out in the public sphere seven years before his wife even contemplated divorce, and his daughter the victim was only fourteen years old, back in 1995-96. YH The defendant needs to look into his soul, what did he do? He was willing to squeeze out any flicker of feelings his children might still have for him, all, to save his behind, the defendant, needs to ask himself was it worth all the damage he hoisted on his children?

YH, no one in this courtroom desired to deny the defendant the right to put forth a defense before the court, however, was it necessary to pit brothers and sisters against each other, and how can he pit children against their mother, or with a straight face claim, that the victim’s brother had an incestuous relationship with his daughter the victim. On the other hand, is it possible that in his devious mind, he know that he molested me repeatedly, conversely he shamelessly decided to use the brother did it defense.

YH, in the coming years the defendant will have plenty of time on his hands, it should be a good time for him to reflect on his other children, and what he did to them. As I lie in bed at night, I feel their pain – it rips me apart. YH I hope the defendant realizes that as a convicted sexual predator all his children are victims and will have to live with that burden as long as they live. In addition, in his community every Weingarten family member even extended family members will be affected one-way-or-another for generations to come. Moreover, instead of succumbing to his desires, the defendant should have thought to himself that, if he pursues his desires how his children would get married in his community. The defendant knows better then anybody in the courtroom that after the evil deeds he foisted on his family, it certainly would be a miracle if somebody would be willing to become part of his family.

YH, how can I ignore the physical and the psychological abuse the defendant put his family through I do not know were to start, when the narrative are so horrific that a sane person could go mad, or sick, by just listening to his adult children enumerate all the pain and scars he inflicted on his family. Unquestionably, theses erratic behaviors the defendant exhibits, he did not learn that from Dad or Mom, they were quite, honest, loving parents, I never ever saw my father have a angry exchange with my mother let alone lift a hand in anger and I don’t remember my father or mother hitting any of us, or using any curse words, I wish for everybody to have a stable home and parents as we had.

Post 9 of 11

Conclusion

As I stated in my premise that if by any chance, you are one of the few people who would support YM regardless of all the evidence, do not expect a reply from me, let me go one-step further you don’t even need to read this conclusion just go back to defending the convicted molester, regardless the consequence to the community at-large. However, if you really have a yearning to truly understand what was litigate in court and why the decision the jury came back with, is the just verdict let me go back and layout a concise synopsis of the why the jury had no choice but to find him guilty as charged.

We all even YM, could stipulate, to the following facts
o The victim was born in 1981.
o The victim claims that she was molested since she was nine years old that put the start sometime in 1990.
o In 1996, the victim with help of people in Antwerp Belgium left to attend the Manchester England seminar, so the victim would be save away from her father.
o In 1996, the victim was dressed in the ultra Chasidic dress code (black socks, long tzept).
o Right before Passover 1997 YM went to England and threatens the school administrator so the victim was forced to either return to Belgium or stay homeless in England, the victim did what any fifteen year old would do, she went back with the defendant to Belgium.
o Passover in 1997 was on April 21 and the victim was only fifteen years old.
o July 30 1997 YM traveled to NY only with this victim to attend my father’s funeral.
o August 19 1997 YM traveled from NY to Belgium and stayed until September 12 1997, and again only with this victim, ostensibly to pact up their belongings and move them to Israel.
o In 1999, the victim moved to NY to stay with family members and the NY family found out about the alleged molestation charges.
o In 1999, the Victim calls the local authorities to inform them about a possible molestation on her siblings.
o In 2002, YM’s ex wife initiated child custody and child protection proceedings.
o In October 2003, the victim approached the FBI, (after the local state authority told her the state statue of limitation ran out,) with the charges that her father had molested her.
o On August 8 2008, a federal grand jury returned a five-count indictment against YM.
o On October 6 2008, the Fed’s detained YM.

Post 11 of 11
The jury gets the case and analyzes the case here is what they see, a victim who in 1995-96 cried out for help to numerous friends, rabbis, school administrators, at time of these outcries the victim was only 14 -15 years old and she was Chasidic, the outcries are believable because the people in Europe who in 1996 looked into the charges decided that they must remove the victim from Antwerp Belgium, to Manchester England. Divorce / child custody fight between the defendant and wife did not materialized until 2002 seven years after the outcries and five years after the 1997 events, therefore, it cannot be the reason she cried out in 1995-1996, the neighbor, brother, and mother story, that by itself does not shine a light on the 1997 occurrences. Put yourself into the shoes of the jury and you asked yourself this single question, why would a rational person decide to travel alone with his daughter, who cried-out numerous times before 1997, that her father molested her, and back in 1996, he was forced by the rabbis in Antwerp Belgian, to send his daughter to Manchester England so she is far away from him. In addition, the only reason the victim was back with him, because, he and his supporters threaten the school administrator with violence and removed her from Manchester a few weeks before that Passover why would he travel only with that daughter.
Why her?
The only answer that makes sense is that he intended to have sex with her, therefore guilty this is what beyond reasonable doubt means, reasonable people will say yes it makes sense. By law, it was enough that the jury believes the victim, that they actually had sex, which according the law automatically proves the intent.

I need to tie up one more loose-end, why I did not testify during the case in chief, the only way a prior incident could be brought into the case is for its probative value purposes, meaning when the prosecutor wishes to introduce an previous similar conduct of a defendant; however, my understanding is that the judge ruled in this case the prejudice value outweighs the probative value. In nonprofessionals’ terminology, the judge ruled that this is such a bombshell that there is a strong probability the jury will not be able to find the defendant not guilty just by having the knowledge that his brother is also accusing him of molesting him, and the Judge wanted the defendant to have a fair trial. Nowadays YM’s defenders bicker that nobody came to testify, nobody was able to come and testify, the defendant lawyer fought and the anti-Semite (defenders claim not mine, of course I am making fun of YM’s defenders) Judge agreed with them, knowing the real facts will enable you to answer any doubters that rightness’s is in the defenders of the victim’s corner.

Post 2 0f 2

In addition, the Judge said that the convict is controlling and manipulate and that is why he did wanted to represent himself so he could cross exam the victim and his son and ex wife.

In addition, the Judge said that the convict put his other two children on the witness stand for the sole purpose to suborn perjury when they claimed that their mother molested them and the Judge continued that the convict was ready to put on the stand all children with the intend to suborn perjury, therefore, “I will add to your sentence you eared the extra time”.

In addition, the Judge took on the convict assertion that he had to fire his attorneys’ the Judge cited and numerated some of the examples when the Judge pleaded with the convict to continue with his counsel

In addition, the Judge did not hold back as he made it clear for the record that in his opinion the convict came up with the idea to fire his attorneys so he personally could cross the victim and the ex wife and the oldest son with the mistaken believe that he still could control and manipulate them.

In addition, the Judge took issues with convicts’ manner and pleasure the convict exhibited while cross-examining the victim, brother, and ex wife, therefore, “You seemed to enjoy yourself in a perverse sort of way. I will add to your sentence you eared the extra time”.

In addition, the Judge took issue with the molestation charge the children initiated in Rockland County, which the Judge said “were totally fabricated by the convict” and he specifically put his opinion on the record so it could be submitted to the court in Rockland County.

I do not want to seem exuberant I am afraid that if kids pursue the Rockland County charges, it will back fire on them. Judge Gleeson made the right decision when he said I will not pursue perjury charges and he continued I understand their pain I blame You (the convict). However, if they continue with the fabricated charges the Judge made it clear that, on the record that it is totally fabricate. I hope that AR and the other adults think about this twice AR as I told you back in 2002 that if the Fed’s get their claws into a person he has less then one percent chance to get of free and clear you did not listen to me at that time how I wish you would. A plain I am sorry to his daughter and a few conditions attached to it would have done the job what the victim was looking for. Please I beg you listen to me before you drag down the children and get perjury charges against them.