Jurors Watch Tapes of Brooklyn Judge Accepting $1,000 Cash

Jurors watched in silence yesterday as prosecutors played secretly taped videos of a Brooklyn judge accepting $1,000 in cash and a box of cigars from a lawyer who argued cases in his court.

The grainy black-and-white footage, shot in early 2003 in the Brooklyn robing room of Judge Gerald Garson, plays almost like a profane cable talk show, with the two men chewing candy and bantering in their regular seats, swearing and firing off derogatory remarks and toilet jokes. But few jurors smiled as Judge Garson and the lawyer, Paul Siminovsky, appeared on-screen to be plotting how to rig a divorce case and conspire against both sides.

"You're in good shape. You're a winner either way. And your schmuck doesn't deserve it," the judge tells Mr. Siminovsky, referring to a house in dispute. "I'll award him exclusive use on it. She's [expletive deleted]."

Judge Garson was not present yesterday as prosecutors showed the three videos in a Brooklyn courtroom. He goes on trial next year on charges that include felony bribe receiving.

The tapes are evidence in the bribery trial of the judge's former clerk and court officer. They also will be used against the judge in his trial.

Judge Garson's lawyer said yesterday that the tapes were shown out of context.

The lawyer, Ronald Fischetti, said that Mr. Siminovsky, who had agreed to cooperate with investigators, entrapped his client.

Mr. Fischetti also stressed that Judge Garson does not face charges related to taking cash or discussing cases. The charges against Judge Garson instead are based on accepting meals from Mr. Siminovsky in exchange for doling out legal appointments, he said.

"They can play as many tapes as they want but we're not charged with any of this," Mr. Fischetti said. Prosecutors, he said, are playing the tapes now to "dirty up the judge."

The two men on trial, retired clerk Paul Sarnell and court officer Louis Salerno, never are mentioned on the tapes. According to prosecutors, the men steered cases to Judge Garson in exchange for electronic goods and cash.

The judge overseeing the case told jurors yesterday they were watching the tapes only to see the scope of the prosecutors' investigation.

Defense lawyers said the tapes unfairly prejudice their clients.

"The only reason the tapes are being played is to inflame the jury, to confuse the jury," said Oliver Storch, who represents Mr. Salerno. "This case is being tried by the district attorney in the press."

The three tapes certainly have shock value. Judge Garson repeats a nasty remark about women - "If you really want to be happy for the rest of you life, better get an ugly girl to be your wife," he tells Mr. Siminovsky. He also calls a Jewish judge, "a yamakha" and "a yammy." At another point, he sings to Mr. Siminovsky about his need to use the bathroom.

They also document what prosecutors say is more sinister behavior.

On one tape from March 4, 2003, Mr. Siminovsky places a $250 box of cigars in the judge's desk.

"Nice cigar," Mr. Siminovsky said.

"I feel like Groucho," Judge Garson jokes as he inspects one.

On the last tape, from March 10, 2003, Mr. Siminovsky hands Judge Garson what prosecutors say is a wad of 10 $100 bills. Judge Garson pockets the cash and, after Mr. Siminovsky leaves the room, wets a finger and counts it before sticking it in an envelope. Mr. Fischetti says the cash was a case referral fee, and insists his client tried to give the money back.

On the tape, Judge Garson summons Mr. Siminovsky back to the robing room.

"This is a lot of money for whatever you call it," Judge Garson says. Although the dialogue is hard to follow, prosecutors say that Judge Garson instructs the lawyer to instead write a check to the campaign of his wife, Brooklyn Civil Court Justice Robin Garson.

"There's a shortage there...it would help, you know," Judge Garson says.

He attempts to pass the envelope to Mr. Siminovsky - "I appreciate it. No, no, no...No," the judge tells him. Finally, he relents and puts the cash back in his desk.

"Don't worry about it," Mr. Siminovsky says and, as he leaves, tells the judge: "Keep the faith."

One of the more disturbing aspects of the tape is the spectacle of Judge Garson, who is charged with such life-changing decisions as determining who gets custody of a child, disparage his job, and give seemingly unethical advice.

"One of the greatest things about this job is I don't know what the (expletive) I have tomorrow, until I get here. I don't give a (expletive) either," he says.

He and Mr. Siminovsky repeatedly discuss the then-pending divorce case of Avraham Levi. On one tape made before Mr. Siminovsky was cooperating the judge instructs the lawyer to subpoena a witness and assures him he will give Mr. Levi the couple's house.

"Subpoena the guy, jerk him around, and we'll see what happens," the judge says, then tells Mr. Siminovsky what details to elicit in court. "The worst possible scenario is a win."

At another point, he tells Mr. Siminovsky what to write in a legal memo and tells him to bill Mr. Levi extra for his work.

"Squeeze the guy, squeeze the guy," the judge says.

The Levi case was not decided before the judge's arrest. Sigal Levi said yesterday her husband had told her that she was going to lose.

"It really was a circus, not a trial," she said. "Garson is so cruel... Even jail is not good enough for him. To die alone on an island, that's what he needs."