Prosecutors Say Videos Show Garson Accepting Bribes for a Divorce Case
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A jury today will watch a trio of videos that show a Brooklyn divorce judge taking cigars and an envelope stuffed with $1,000 cash from a lawyer who appeared before him during a meeting secretly taped at the courthouse.
Shot from above on a camera planted in his robing room, State Supreme Court Justice Gerald Garson at one point exams the cigars and whimsically chants their brand name while assuring the lawyer that he will win a pending divorce case, prosecutors say.
Taken together, the three black-and-white videos represent the Brooklyn district attorney office’s most dramatic evidence against Judge Garson, who is awaiting trial on charges that include felony bribe receiving. Mr. Garson allegedly gave the lawyer lucrative case assignments and favorable treatment in exchange for meals, cigars and other benefits.
Judge Garson has denied any wrongdoing. His lawyer has said that the $1,000 was for lawyer referral fees.
The tapes are being shown as evidence at the bribery trial of Mr. Garson’s former court clerk and court officer. Prosecutors say that the two court employees steered divorce and custody cases to the judge in exchange for gifts and cash.
The clerk, Paul Sarnell, and the court officer, Louis Salerno, each face up to seven years in prison if convicted.
While the three videos do not implicate either man, prosecutors argue that they will show jurors a general atmosphere of corruption swirling around the judge. The alleged case-fixing conspiracy also includes a Brooklyn electronics dealer who recruited clients and the lawyer who met with the judge.
The lawyer, Paul Siminovsky, agreed to cooperate with prosecutors against Mr. Garson
Prosecutors say that the first video shows the judge and Mr. Siminovsky, who at the time was not cooperating, discussing the pending divorce case of Avraham Levi.
Mr. Levi recently pleaded guilty to paying the electronics dealer, Nissim Elmann, $10,000 to bribe the judge. Prosecutors charge that Mr. Elmann conspired with Mr. Siminovsky and allegedly boasted that he had the judge “in his pocket”
According to prosecutors, Mr. Garson tells Mr. Siminovsky on the tape that he will win the Levi case.
The second video, from early March 2003, shows lawyer giving the judge a box of cigars. During the meeting, the two men again discuss the Levi case and the lawyer asks what to write in a motion that will help decide the case. Mr. Garson tells the lawyer not to worry, and gives him instructions on what to write, prosecutors say.
The final video, which has been shown on Fox 5 News, also is from March 2003. It shows Mr. Siminovsky trying to convince the judge to accept $1,000.
Mr. Garson initially refuses to accept the envelope. After taking the money, he then calls Mr. Siminovsky back into the room and tries to return it.
According to prosecutors, Mr. Garson tells Mr. Siminovsky to instead write a check to the campaign of his wife, Brooklyn Civil Court Judge Robin Garson. Mr. Siminovsky allegedly promises to write the check and also convinces the judge to keep the cash.
According to prosecutors, the video also catches the judge counting the money after Mr. Siminovsky leaves and putting $200 in his pocket.