Corruption Trial Offers Preview Of Garson Case

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The New York Sun

Prosecutors yesterday began detailing what they describe as a chain of courthouse corruption that leads from an electronics salesman in Crown Heights to a divorce judge in Brooklyn.


It is being played out in the trial of two court employees, where the prosecutors plan to offer a detailed preview of the evidence against Judge Gerald Garson, who is accused in a separate case of accepting a bribe.


The two court employees – a court officer and a retired court clerk – are charged with steering cases to Judge Garson in exchange for items like plane tickets and stereo equipment.


“You’re going to hear about public servants serving themselves. Greed and selfishness – that’s what this case is about,” Assistant District Attorney Noel Downey told jurors in opening statements.


Mr. Downey said Judge Garson and the others involved in the scheme “played around” with custody and divorce cases, favoring husbands who had indirect contacts to the judge.


Prosecutors say Paul Sarnell, the judge’s former clerk, and Louis Salerno, the court officer, were players in the conspiracy, along with an electronics salesman who recruited litigants and a lawyer who appeared before Mr.Garson.


Although the judge is not on trial yet – his case is pending while prosecutors appeal the dismissal of some charges against him – Mr. Garson’s name echoed in the courtroom yesterday.


“Why did this conspiracy steer cases to this judge?” Mr. Downey asked jurors. He said Mr. Garson was caught on tape telling a lawyer, Paul Siminovsky, that if he took certain actions on a case, “you’re going to win.”


Prosecutors say Mr. Siminovsky wined and dined the judge, and gave him an envelope with cash and cigars. Mr. Garson denies any wrongdoing.


Mr. Downey said that Mr. Sarnell participated in the scheme by circumventing the courthouse’s random case assignment system. The cases involved litigants allegedly recruited by Nissim Elmann, a Crown Heights electronics dealer.


Mr. Downey said investigators found faxes from Mr. Sarnell to Mr. Elmann requesting a hotel room in Atlantic City and items such as a laptop computer. Mr. Elmann, who is awaiting trial, also allegedly bought plane tickets for Mr. Sarnell.


After Mr. Sarnell retired in 2002, a court officer allegedly sought to take over his role, promising Mr. Siminovsky to steer cases to Mr. Garson’s in exchange for $2,000 and electronics.


Prosecutors say a video shows Mr. Sarnell walking into the courthouse in uniform with two bags of electronic goods from Mr. Siminovsky and Mr. Elmann.


Mr. Sarnell and Mr. Salerno face up to seven years in prison if convicted. Mr. Siminovsky, who wore a wire for prosecutors, is expected to be a crucial witness against them.


Defense lawyers say Mr. Siminovsky is lying to save himself from jail. In exchange for his cooperation, Mr. Siminovsky hopes to plead guilty to a misdemeanor charge – and keep his law license.


Oliver Storch, a lawyer for Mr. Salerno, said Mr. Siminovsky “would stop at nothing to avoid jail time.” He said that any gifts that Mr. Salerno accepted were harmless.


A lawyer for Mr. Sarnell told jurors that his client did nothing wrong.


The New York Sun

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