Showing posts with label Moshe Tendler. Show all posts
Showing posts with label Moshe Tendler. Show all posts

Monday, April 07, 2008

Case of Michal Schwartz Shenbaum

Case of Michal Schwartz Shenbaum 
(AKA: Case of the Unnamed Abusive Mother From Jerusalem)

This page is dedicated in honor of all children who were abused by the parents of those who followed Rabbi Elior Chen.  May their healing journey go easy and they only know nonviolent - unconditional love the rest of their lives.
 
Michael Schwartz Shenbaum
 Jerusalem, Israel


This page is dedicated in honor of all children who were abused by the parents of those who followed Rabbi Elior Chen.  May their healing journey go easy and they only know nonviolent - unconditional love the rest of their lives.

According to several reliable sources Michal Schwartz Shenbaum was a member of the cult ran by Rabbi Elior Chen.  She was named as one of the alleged offenders in this case.

Michael Schwartz Shenbaum is the daughter of Naomi Klass Mauer (Associate Publisher of the Jewish Press) and the granddaughter of Rabbi Sholom Klass, the founding publisher of The Jewish Press.

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Disclaimer: Inclusion in this website does not constitute a recommendation or endorsement. Individuals must decide for themselves if the resources meet their own personal needs.

Table of Contents:

2008
  1. Background History
  2. Court denies bail to two moms in abuse cases  (04/02/2008)
  3. Jerusalem child abuser to be indicted next week  (04/03/2008)
  4. State helpless in face of skeletons in haredi closet  (04/03/2008)
  5. Jerusalem mother charged with child abuse  (04/06/2008)
  6. Police seek extradition of rabbi from Canada  (04/06/2008)
  7. Or Yehuda 'abusive' mother put under house arrest  (04/07/2008)
  8. Police to demand extradition of Rabbi believed behind child abuse sect  (04/07/2008)
  9. Police arrest man allegedly tied to Jerusalem child abuse case (04/07/2008)
  10. Israel seeks extradition of rabbi from Canada on suspicion of child abuse  (04/07/2008)

Related Cases
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Background History
By Levi Ford
The Awareness Center's Daily Newsletter - April 8, 2008


According to two independent sources, the mother of the daughter with the abused children is Naomi Klass Mauer, the founder of The Jewish Press — Rabbi Shalom Klass. Naomi had the bitterest of divorces from her husband Yehuda Schwartz. It was written up in New York magazine (circa 1990) where it strongly hinted she had played around.

Naomi Klass was an agunah — a chained woman because he would not give her a divorce. She says he tried to extort vast amounts of money from her in exchange for a divorce.

She became a champion of the agunot in The Jewish Press, which features a seruv section for men who won't listen to a Beit Din and won't give their wives gittim (Jewish divorces).

Moshe Dovid Tendler was the lead rabbi and guru for Rabbi Shalom Klass when he was fighting for his daughter's Get without offering a significant financial settlement to Yehuda Schwartz. Older Tendler and, yes, Mordechai Tendler, took her and her father in and became near-family for years. Michal and Naomi were constant in both Tendler homes for years. That is a reason why many bloggers complained that the Jewish Press was not only whitewashing the Mordechai Tendler affair but defending him to the bitter end.


A source writes:

Naomi's claim about her ex husbands abuse and turning her into an agunah is a lot of one-sided bs. Her husband Judah demanded a share for his building up of the newspaper which he did a great job of. She had use of the newspaper to badmouth him. Also many of her so called agunah cases are stories of women who don't want to take a get because they are trying to get money out of their husbands and will only take a get on their terms. Basically financial disputes. When you turn these cases into `Agunah' cases you cheapen the real chained women.

Btw, apparently her ex husband Judah had sympathy for Dr Ivan Mauer who was a widower at the time and allowed him and his kids to move in with his family, unfortunately his wife went with the Doctor and he got the boot. I don't think there was infidelity involved and you never know the real story, but it was a pretty strange story.

I am not connected to the Jewish Press in any way shape or form, but admit to being very biased against it.It is just so dumb and silly and so freakin' rightwing especially when it comes to many people I personally disagree with vehemently such as the rightwing settlers who are stirring up trouble all the time and one of the few newspapers to allow moronic ads about the Lubavitcher Rebbe being alive and the Messiah, when he was alive AND when he passed away! They also lack any real spine, for example years ago when Meir Kahane was banned from the Knesset they stopped his weakly column! Now I think that Kahane was a crazy nut, but if you allowed his rantings before have the balls to print them afterwords too!


Here's a law review article that mentions Schwartz vs. Schwartz.

Naomi eventually married Dr. Ivan Mauer. They lived in Manhattan Beach, CA; Brooklyn, NY. Michal went to the Shulamit yeshiva.

Michal and her future husband David Shenbaum (a Beth Jacob boy with the nicest parents) moved to Israel and became West Bank Gush Kutif type frum (I am not saying they lived there but that type) and then they moved to the old city of Jerusalem and became Breslaver Hasidim. They were introduced to some characters among the Breslavers who do drugs. These guys got nvolved in their marriage and some of them moved into the home.

YULA graduate (1986?) David Shenbaum (made aliyah in 1993) claims that once these guys moved in, he couldn't see his children. So why didn't he go see the police?

Anyone have any information on why these Modern Orthodox types would go on such a dark and deviant path?

How could their kids be so severely abused in the Old City of Jerusalem where everybody lives on top of each other?

Here are excerpts from The Jerusalem Report:
According to the charge sheet, the woman's relationship with her husband broke down last year, and she expressed her desire to divorce her husband, who subsequently left their Jerusalem home, leaving his eight children in the care of his wife and two men who were charged with educating her children.

The men, who allegedly carried out the abuse with the mother, received instruction from Chen on how to "fix" the children's behavior, and "cleanse" them of their Satanic possession, the indictment says.

...During a search of Chen's Betar Illit home, police found evidence that appears to link the rabbi to the abuse, including notebooks that document the violence, police said.

"Put stones on a [Shabbat] hot plate . . . when they are boiling, put them on the bodies of the children and then they will be cleansed," the instructions read.

Chen also instructs his followers how to tie up the children, and to prepare alcoholic drinks made of salt water and turpentine, which, he writes, should be given to the children in order to "vomit out the devil from themselves." Among the items police discovered at Chen's home were hammers, iron bars, turpentine, sticks, and handcuffs.

...One of the woman's eight children identified him as taking part in the abuse as well, the police representative testified in court.

The charge sheet in the gruesome child abuse case recounts that the mother allegedly forced her children to eat feces, locked them in a suitcase for three days - letting them out only for brief periods of time - repeatedly beat, whipped, and shook them, burned their hands with a lighter and a heater, and gave them freezing showers.

The abusive mother and "educators" are also suspected of pouring salt on the burn wounds of the child, stuffing his mouth with a skullcap and sealing his mouth with masking tape, and giving the children alcoholic drinks until they vomited.

The woman remains in police custody.

Since her arrest last month, the mother was repeatedly shown pictures of her children's injuries, but on most of the days she was in remand, she did not inquire about the children nor did she ask who was taking care of them, the police said.

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Court denies bail to two moms in abuse cases
By Jonathan Lis and Ofra Edelman

Haaretz - April 2, 2008


The Jerusalem District Court yesterday extended the remand of two women suspected of severely abusing their children.

In the case of the Jerusalem mother, whose two children aged three and four and a half were hospitalized in serious condition, an indictment is expected on Sunday. The Beit Shemesh woman was charged yesterday with abusing a minor, along with 25 charges of assault against six of her 12 children.

During the pre-trial hearings yesterday, new details were revealed about the case of the Jerusalem family.

Parents invited rabbi into home

According to the details of the investigation, the parents of the children invited Rabbi Elior Chen and several other men to their home in order to study Torah. The men, including David Kugman and Shimon Gabai, lived in the family's home. When the relationship between the mother and the father deteriorated, the men allegedly drove the father out of the house by force, and he moved elsewhere.

Rabbi Chen allegedly told Kugman and Gabai to discipline the children, but they failed to do so.

The police said that when the routine methods of discipline failed, Rabbi Chen ordered them to use violence, which allegedly included beatings, burnings, pushing, shaking and tying. Investigators also suspect that the two men placed the children in baths of hot and cold water, and broke their bones with hammers and blows.

In the case of the Beit Shemesh woman, the indictment states that she beat her children for years with a belt, a stick, a rolling pin and an electrical cable.

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Jerusalem child abuser to be indicted next week
Jerusalem Post - April 3, 2008


A Jerusalem woman who immigrated from the US and her companion are expected to be indicted next week for allegedly abusing her two young children, police said Wednesday.

The woman's three-year-old child remains hospitalized in critical condition with severe head injuries, and is likely to remain in a vegetative state, officials said.

Police said that several months ago, the woman's relations with her husband broke down, and he was removed from their Jerusalem home by two men whom the couple had brought into their home to educate their children.

The mother told police that since they were unable to educate her children in the "standard" way because they were "mischievous," the two men "corrected" the children, a police representative told a Jerusalem court on Wednesday.

The "corrections," which took place in the mother's presence, included beatings, tying up the children, shaking them dozens of times, setting their fingers on fire, dousing them in hot and cold water, and breaking their bones by beating them with hammers and other tools, according to the testimony of the police representative.

A court order has prevented the release of the names of the woman and her companion, who on Wednesday were remanded in custody for an additional five days by the Jerusalem Magistrate's Court ahead of their planned arraignment next week.

The children's father, who has been released from custody, was allowed by the court to pray at his child's hospital bedside, in the presence of social workers.

The two key suspects in the child abuse case, identified by police as Shimon Gabbai and Rabbi Elior Chen, remain at large, and are wanted by police.

The Jerusalem abuse case is one of a series of grisly incidents of brutality against children that have recently come to light.
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State helpless in face of skeletons in haredi closet
By Yael Branovsky
YNet News - April 3, 2008

In spite of efforts by welfare officials, local rabbis, state authorities are unable to curb rampant child abuse in ultra-Orthodox families.

One harrowing case after another, yet welfare officials stand by helpless: Faced with a string of heart wrenching cases of child abuse in the haredi community, even state officials now concede that they have only been able to reach this closed community on rare occasions, and often too late.

Mother accused of chld abuse
One recent, disturbing case, for instance, in which a Netivot mother had sexually abused her son, only came to light when the son began to attend boarding school and molested a fellow pupil. The social workers who handled his case quickly realized that the child had no idea that what he was doing was wrong.

Dalia Lev-Sade, director of community services at the Ministry of Labor and Social Affairs, stated in an interview with Ynet that seeing as the haredi community is so sequestered, haredi children enjoy less exposure to societal conventions of right and wrong.

"This is a group that is extremely closed off from the rest of the world, and so many times we are unaware of problems within the community and cannot intervene."

"The case in Beit Shemesh is a classic example," recounts Lev- Sade. "Even though the family was monitored by welfare services, the social workers involved could not fully understand the family, nor the essence of the problems it was facing, because they kept such closely guarded family secrets. Only when something drastic occurs can we actually begin to take action."

The ultra-Orthodox community, however, is slowly becoming more open, according to Lev-Sade. "The haredi community is slowly opening up and coming to realize that you can't keep the skeletons in the closet forever."

Orlet Moyal, director of welfare services at the Bnei Brak Municipality, tends to haredi families on a daily basis and knows all too well that that road to reaching this clandestine community is long and torturous. "It was nearly impossible to reach the haredi community just a few years ago, but we began to come up with creative means of reaching this community without offending its sensibilities.

"We wanted to be able to reach the haredi community before things became disastrous," says Moyal, "and so we contacted local rabbis and rabbinical councils and urged them to mediate and intervene when families were reluctant to accept help."

'More willingness to report abuse'

Dr. Yitzhak Kadman, head of the National Council for the Child, believes that it is the closed and reticent nature of the haredi community that in many instances precludes intervention by state authorities in child abuse cases.

"The haredi community firmly opposes airing its dirty laundry out in public, like we saw with many kibbutz communities in the past. The haredi community is extremely concerned about its public images, and in many cases rabbis did not allow families to go to the police and report abuse."

Kadman noted, however, that this trend is mercifully changing. "In recent years there is more willingness among haredi families to report abuse. In our council alone, 30% of individuals involved in a project tending to victims of sexual abuse are haredi."

Doron Aggasi, director of the Shlom Banecha foundation, which aids victims of sexual abuse and violence in the haredi community, stated that the recent public cases of child abuse within the haredi community indicate that the haredi world is changing for the better when it comes to reporting such crimes.

"These kinds of cases were often stifled in the past, because the haredi community was unwilling to disclose anything. Now however, people are far more aware of issues such as sexual abuse and familial violence, be it through exposure to the internet or other sources."

Aggasi maintains that it is rabbis that are at the forefront of these positive changes in the haredi community.

"Rabbis have asked me about the best treatment options for pedophilia and sexual deviance, and we are currently training social workers to treat both victims and perpetrators.

"In this respect, the haredi community has bypassed its secular counterpart by far, because this is a very motivated, obedient society that has taken heavy handed measures to help curb such phenomenon."

Roi Mandel contributed to this article
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Jerusalem mother charged with child abuse
By Aviram Zino
YNet News - April 6, 2008


Indictment reveals rabbi instructed woman to 'repair' her children through 'beating, tying, burning organs and feeding them with faeces'

As her three-and-a-half-year-old comatose son continued to lie in his hospital bed, a Jerusalem woman was indicted Sunday by the Jerusalem District Court of abusing him and his four-and-a-half-year-old brother.

The court also indicted a family friend accused of conducting a "tikkun" (exorcism) on the children under the influence of a rabbi who fled to Canada.

Shortly after the indictment was submitted, the remand of another suspect involved in the affair was extended. The man, a acquaintance of the mother, allegedly took part in the abuse.

According to the indictment, "During the months of February and March, the accused and her children moved to her mother's apartment in Jerusalem. During this period, the mother found it difficult to cope with the burden of raining her small children, and particularly with their education.

"The defendant turned to a rabbi and asked for his advice in terms of his children's education. The rabbi concluded that the children were 'possessed' with evil spirits and advised the defendant and other suspects to carry out 'tikkunim' on the children in order to help them get rid of those demons."

The indictment went on to say that the rabbi instructed the mother to conduct "tikkunim" on the children – "meaning, jolting, beating, tying, burning organs, feeding them with faeces, and more.

"Two of the suspects were put in charge of educating the children, and systematically abused them and the defendant's other children in a large number of cases, for a long time, claiming that these 'tikkunim' were aimed at removing these evil spirits from the children."

Some of the acts of abuse were also described in the indictment. "The defendant, who knew about the abuse, continued to desert her children."

The mother was accused of "cooperating with some of the other suspects in forcibly jolting the children in at least 40 cases, grasping them in the back or shoulders, or grasping them in their hands and legs and shaking them with their heads moving back and forth and from side to side.

"The defendant and the other suspects also used to tie the children's hands and legs with plastic restraints and ropes for many hours, as well as hit one of the children in the face and bend his hands behind his back, throwing him in the air."

'Police veterans were shocked'

In one of her remand hearings, the police representative presented the judge with a photo album containing shocking pictures of the children.

"The Jerusalem Police veterans found it difficult to listen to such a shocking story," a police representative said during the previous hearing.The mother admitted to the suspicions and went back on her confession, while the father and another person arrested denied the allegations.

"Evidence submitted to the court testifies to a long and harsh abuse," a police representative said during the hearing.

The small son, who was hospitalized at the Hadassah Ein Kerem hospital's intensive care unit, suffers from brain damage which has left him in a vegetative state.

Efrat Weiss contributed to this report

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Police seek extradition of rabbi from Canada
By Etgar Lefkovitz and Hilary Leila Krieger
Jerusalem Post - April 6, 2008


The police will issue an international arrest warrant this week against an extremist rabbi who fled to Canada and is a key suspect in one of the worst child abuse cases in the nation's history.

Israel demands rabbi's extradition from Canada
Rabbi Elior Chen - Convicted Sex Offender
Police said Monday that Rabbi Elior Chen and his followers are suspected of severely abusing two children, aged 3 and 4, who were savagely and systematically beaten with hammers, knives and other instruments for months until the younger child lost consciousness last month.

The three-year-old suffered permanent brain damage as a result of the systematic and brutal abuse he suffered at the hands of his mother and her companions, according to an indictment filed against his mother this week in a Jerusalem court.

He is expected to remain in a vegetative state for the rest of his life.

Chen, who served as a spiritual mentor to the abusive mother and who provided explicit written instruction on how to abuse the children, fled to Canada last month after the case came to light to avoid arrest, Jerusalem police spokesman Shmuel Ben-Ruby said. He apparently does not have Canadian citizenship, Ben-Ruby said.

According to the charge sheet, the woman's relationship with her husband broke down last year, and she expressed her desire to divorce her husband, who subsequently left their Jerusalem home, leaving his eight children in the care of his wife and two men who were charged with educating her children.

The men, who allegedly carried out the abuse with the mother, received instruction from Chen on how to "fix" the children's behavior, and "cleanse" them of their Satanic possession, the indictment says.

During a search of Chen's Betar Illit home, police found evidence that appears to link the rabbi to the abuse, including notebooks that document the violence, police said.

"Put stones on a [Shabbat] hot plate . . . when they are boiling, put them on the bodies of the children and then they will be cleansed," the instructions read.

Chen also instructs his followers how to tie up the children, and to prepare alcoholic drinks made of salt water and turpentine, which, he writes, should be given to the children in order to "vomit out the devil from themselves." Among the items police discovered at Chen's home were hammers, iron bars, turpentine, sticks, and handcuffs.

The other key suspect in the child abuse case, identified as Shimon Gabbai, remains at large and is also wanted by police.

Meanwhile, another suspect arrested by police late Sunday night was remanded in custody on Monday for five days by a Jerusalem court.

The suspect, Avraham Maskalchi, a yeshiva student who twice tried to flee arrest and was nabbed after a police chase, allegedly took part in the abuse of the children, a police representative told the court.

One of the woman's eight children identified him as taking part in the abuse as well, the police representative testified in court.

The charge sheet in the gruesome child abuse case recounts that the mother allegedly forced her children to eat feces, locked them in a suitcase for three days - letting them out only for brief periods of time - repeatedly beat, whipped, and shook them, burned their hands with a lighter and a heater, and gave them freezing showers.

The abusive mother and "educators" are also suspected of pouring salt on the burn wounds of the child, stuffing his mouth with a skullcap and sealing his mouth with masking tape, and giving the children alcoholic drinks until they vomited.

The woman remains in police custody.

Since her arrest last month, the mother was repeatedly shown pictures of her children's injuries, but on most of the days she was in remand, she did not inquire about the children nor did she ask who was taking care of them, the police said.

The Royal Canadian Mounted Police would not confirm whether they were working with Israeli police to track down Chen, saying that releasing that type of information could harm the investigation if one were ongoing.

The Canadian Justice Ministry also declined to confirm whether it had received requests from Israel for Chen's arrest and extradition, citing the confidentiality of communications between countries.

But should Chen be found in Canada under an international arrest warrant and Israel requests extradition, a Canadian judge will determine whether the suspect can be deported under the extradition treaty existing between the two countries, followed by a review of the attorney-general, a Justice Ministry spokesman said.

According to the extradition agreement between Canada and Israel, for extradition to go forward the suspect must be accused of having committed an act that is considered a crime in both countries - as child abuse is. Extradition would also be held up if there was concern that the suspect was being prosecuted for political motives or could face the death penalty, the latter of which has sometimes complicated extradition from Canada to the United States but shouldn't affect deportation to Israel.

The main issue from Canada's perspective is "are we respecting the person's rights and the [Canadian] charter's rights," explained an aide to MP Irwin Cotler, who served as attorney-general and justice minister in the last government and has argued cases before the Israeli Supreme Court.

A Haaretz report quoted an associated of Chen's as saying that he chose to flee to Canada because "the extradition law is tough." But observers say that assertion might not jibe with the reality, though extradition from Canada can take a long time because of protections including the right to appeal at different points in the process.

"He's going to be in for a surprise," said Canadian Jewish News editor Mordechai Ben-Dat.

"This is a more law-and-order government than other governments," he said of the current Canadian leadership, meaning the attorney-general was unlikely to stay an extradition judgment.

Ben-Dat said that while the Canadian Jewish community is a tight-knit one, it also has many different haredi groups, groups which might be sufficiently cut off from the outside world and media to know that Chen is accused of committing serious crimes.

Chen might be able to take advantage of these enclaves, Ben-Dat said, "if he wants to disappear."
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Or Yehuda 'abusive' mother put under house arrest
Jerusalem Post - April 7, 2008


The mother suspected of severely abusing her infant son, who was admitted to a hospital two weeks ago with cranial hemorrhages and fractured ribs, was released to house arrest with restraints on Monday.

[The mother from Or Yehuda...]  The mother from Or Yehuda accused of abusing her son leaves court Monday. Photo: Channel 2

The Tel Aviv Magistrate's Court thereby approved the request of the woman's lawyers, citing insufficient evidence. Nevertheless, she is forbidden from contacting her husband, who is also suspected of abusing their son.

During her five-day house arrest, the mother is set to stay at a relative in the North. The boy's father was released to house arrest last week after paying a NIS 3,000 bail.

Earlier Monday, Army Radio reported that the couple would probably not stand trial after a pathology report asserted that their "behavior... falls inside the gray area."

When the baby arrived in the hospital and the story broke, the Israeli media had branded them "the abusive parents from Or Yehuda." Doctors had claimed that "the combination of cranial hemorrhaging, clouded consciousness and fractures are very typical of the 'abused baby syndrome,' hence this is a classic case of infant abuse."

Nonetheless, sources involved in the investigation assessed that it was impossible to prove that the parents had abused their child. "The pathology report does not supply any incontrovertible findings, and it now seems that the mother will not be indicted," they said.

"It could be that they are not especially good parents, but the gap between that and a criminal offense is substantial," the sources added.

The police admitted that the case was complicated but insisted that they would pursue an indictment. "I am not willing to give up in this situation, when a two-month-old baby is hospitalized in serious condition and the person who did this doesn't stand trial," a policeman working on the case told Army Radio.

The baby is still in the hospital in stable condition. However, the extent of the harm caused to him is as yet unknown.


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Police to demand extradition of Rabbi believed behind child abuse sect
By Uri Blau, Yair Ettinger, Jonathan Lis and Ofra Edelman, Haaretz Correspondents and AP
Haaretz/Associated Press - Apirl 7, 2008


Israel Police said Monday they will begin extradition proceedings against Rabbi Elior Chen, who fled to Canada shortly after one of his followers was charged with systematic child abuse including burning her toddlers, making them eat feces, and putting them in a suitcase for days.

Chen was not charged with anything, but fled as news reports of the Jerusalem mother's detention were circulated, and it appeared she had committed the abuse following instructions from him on child disciplining techniques.

During a search of his home Thursday, police found evidence that appears to link the rabbi to the abuse, including journals that document the violence.

Chen may be meeting other members of the sect in Canada, where the family of one of the members lives, according to a friend of Chen's who is familiar with the group but doesn't belong to it. The friend said Chen fled with Joseph Fisher, whose name was not mentioned in an indictment filed yesterday against the mother of the children suspected of being abused by Chen's followers. The remand of the mother was extended Sunday until April 14.

Two of the family's eight children, aged 4 and 5, were hospitalized in serious condition two weeks ago, after Chen allegedly ordered two of his followers to discipline the children by beating, burning, pushing and shaking them, and tying them up as a way of "correcting" their behavior.

The 4-year-old remains in a coma. Police suspect that Chen's supporters also doused the children in hot and cold water and broke their bones with hammers and blows. The mother was charged with forcing the children to eat feces, beating them unconscious and locking them up in a suitcase for three days.

Jerusalem police also arrested an additional suspect in the case, and have issued a gag order regarding his identity. The Magistrate's Court extended his remand by five days.

Chen and three of his supporters allegedly began providing the family with "educational lessons" several months ago. They allegedly kicked the father out of his home and began abusing several of the family's eight children, especially the two youngest.

Chen and Fisher left the country legally, and their exit was registered at border control. Afterward, their wives and children went into hiding. The Fisher apartment has been cleared out and its contents have been placed in storage.

Police said they do not know the location of Chen's and Fisher's families, but Chen's friend said they were hoping to go to Canada as well and may have already left the country.

Chen and his supporters chose Canada in part, the source said, because "the extradition law is tough" there. "Only in very exceptional cases does Canada extradite," he said.

Elior Chen's father, Yaakov Chen, told Haaretz he did not know where his son or his son's family was hiding. "I didn't see him, I don't know where he is," he said. "The last time I saw him was three weeks ago, after he had a girl. I went to his home in Upper Betar, gave him a present and that's it. I haven't seen him since. I'm sitting at home and eating my heart out."

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Israel seeks extradition of rabbi from Canada on suspicion of child abuse
Canadian Press - April 7, 2008

JERUSALEM — Israeli police say they have begun extradition proceedings against an Israeli rabbi who went to Canada after being suspected of abusing the children of one of his followers.

A police spokesman says two children, aged three and four, were burned and severely beaten with hammers, knives and other instruments.

The three-year-old suffered brain damage, he added.

The children's mother has been charged with abuse.

Police spokesman Micky Rosenfeld says the rabbi hasn't been charged with a crime.

But police have identified the suspect being sought as Rabbi Elior Chen.

Rosenfeld says the rabbi had travelled to Canada in the past few days.

Officials at the Canadian Embassy in Tel Aviv were not immediately available for comment Monday.

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Police arrest man allegedly tied to Jerusalem child abuse case
Jerusalem Post - April 7, 2008


Police have arrested a man on suspicion of being connected to the case of a Jerusalem mother of eight who allegedly abused her children, officials said Sunday overnight.

On Sunday, the 38-year-old mother was indicted in a Jerusalem court.

The woman was arrested last month after the two children were taken to the hospital, the three-year-old in an unconscious state. The child remains hospitalized in critical condition with severe head injuries, and is likely to remain in a vegetative state.

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Israel seeks extradition of rabbi from Canada
Associated Press - April 7, 2008


JERUSALEM (AP) - Israeli police have started extradition proceedings against an Israeli rabbi who fled to Canada after being suspected of abusing the children of one of his followers, a police spokesman said Monday.

Rabbi Elior Chen and his followers are suspected of abusing two children, aged 3 and 4, who were burned and severely beaten with hammers, knives and other instruments, police spokesman Micky Rosenfeld said. The 3-year-old suffered permanent brain damage, he added.

Rosenfeld called Chen «one of the main suspects» in the case. Though he has not been charged with a specific crime, «He's definitely connected to the abuse,» Rosenfeld said.

He said Chen had fled to Canada in recent days. The children's mother was charged with abuse last week and remains in jail.

Although police said they were still investigating the motive behind the abuse, Israeli newspaper Yediot Ahronot reported that Rabbi Chen was trying to cleanse the children of Satanic possession.

In journals describing the abuse, the rabbi wrote, «Put stones on a hot plate . . . when they are boiling, put them on the bodies of the children and then they will be cleansed,» Yediot reported.

The Haaretz daily quoted an unidentified friend of Chen's who said the rabbi chose Canada because «the extradition law is tough» there. It was not known whether Chen holds Canadian citizenship, and the Canadian Embassy did not return messages seeking comment.

In a similar case, complicated extradition laws helped New York Rabbi Avrohom Mondrowitz evade extradition for 23 years when he fled the United States for Israel in 1984 after being charged with sexually abusing children. Mondrowitz was finally arrested last fall and remains in jail in Israel.
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 "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has." –– Margaret Mead

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Tuesday, April 18, 1995

Case of Kenneth Gribetz - Rockland County District Attorney

Case of Kenneth Gribetz
(AKA: Ken Gribetz)
Rockland County District Attorney - Rockland County, NY

THIS PAGE IS UNDER CONSTRUCTION


Plead guilty to two misdemeanor counts of defrauding the government in a deal he worked out with the U.S. Attorney.

Although married, a father and grandfather, Gribetz was partly done in by his former mistress, who went to the media with information about him.

Rabbi Moshe Tendler, Gribetz's longtime rabbi, said in an interview that he had often cited Gribetz in his speeches to illustrate how a devout Jew can remain faithful to the laws of kashrut and Shabbat while pursuing any career --even in law and politics.

But evidence police collected from Gribetz's ex-lover's home included whips, a dog collar, sex toys and pictures of Gribetz modeling women's clothing. Their three-year affair apparently included trips they took together funded by taxpayers' dollars.

Tendler, who organized a meeting of community rabbis to levy social sanctions against Gribetz just before his breaches became public, described the former politician's behavior as a "chilul haShem," or a desecration of God's name.

His behavior "emasculated our Torah. It reduces or minimizes the claim of Torah, that this is the divine law fit for the human experience. If someone who has been exposed to Torah does these things, what will people say?" said Tendler.

It is the reverse of what a religious Jew is supposed to do, that "the name of God shall be loved by your actions in Kiddush HaShem," said the rabbi,who is also a professor at Yeshiva University and a respected expert on medical ethics.

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Table of Contents:  

1995
  1. METRO DIGEST  (04/18/1995)
  2. Rockland Official Denies Misuse of County Funds  (04/18/1995)
  3. Politician Under Fire; Rockland County Prosecutor Faces Criminal Inquiry -- and Sex Scandal (04/19/1995)
  4. Rockland Prosecutor's Friend Assists in Investigation of Him (04/20/1995)
  5. An Associate Of Gribetz Talks Before Grand Jury  (04/22/1995)
  6. Prosecutor in Rockland County Resigns Post After a Guilty Plea  (05/04/1995)
  7. Fighting Prosecutor Stopped Fighting for Himself (05/05/1995)
  8. Let Kenneth Gribetz Have Simple Justice (05/05/1995)
  9. Too Much, Too Soon? After Scandals, Rockland County Reflects on Change  (05/05/1995)
  10. Mr. Gribetz's Misdemeanors (05/06/1995)
  11. Gribetz Successor Named  (05/27/1995)
  12. Focus on crimes involving religious Jews sparks debate  (06/16/1995)
  13. Disgraced, Ex-Lawman In Rockland Avoids Jail  (09/14/1995)
  14. In a Fallen District Attorney's Many Mea Culpas, Traces of Ire (09/16/1995)

2003
  1.  Kenneth Gribetz representing Ryan Scott Karben

2011
  1. Kenneth Gribetz representing Shaul Spitzer (10/27/2011)

2012
  1. Gribetz & Lowenberg, Attorneys at Law (12/31/2012)

 Also see:
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METROPOLITAN DESK
METRO DIGEST
New York Times - April 18, 1995

Kenneth Gribetz, the Rockland County District Attorney, denied a woman's allegations that he spent county money taking her to hotels and restaurants during a three-year affair. B4. A company that wants to build a casino in Bridgeport said it would replace any money that Connecticut would lose if the Pequot tribe is stripped of its casino monopoly. B5 Chronicle B2

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METROPOLITAN DESK
Rockland Official Denies Misuse of County Funds

By JOSEPH BERGER
New York Times - April 18, 1995

WHITE PLAINS, April 17 - Kenneth Gribetz, the longtime Rockland County District Attorney, denied a local woman's allegations, published today, that he spent county money taking her to hotels and restaurants during a three-year love affair.

Through his lawyers, Mr. Gribetz called the woman "a very disturbed person" and said she had been harassing him.

The Daily News quoted the woman, Constance Taylor, as saying that on several occasions Mr. Gribetz's aides drove the two of them to Albany for stays at local hotels and that another aide drove them back several days later. Ms. Taylor was also quoted as saying that on another occasion, an aide drove her to Newark International Airport for a flight to Washington, where Mr. Gribetz was also traveling.

The Daily News quoted Ms. Taylor as saying that some of the bills for travel were paid with a county credit card issued personally to Mr. Gribetz. But George W. Renc, the county's Finance Commissioner, said the county does not provide personal credit cards. And one of Mr. Gribetz's lawyers, Leon H. Charney, said Mr. Gribetz "unequivocally denies that he used county funds for any personal matters."

Mr. Gribetz was not available for comment today. But in a three-sentence statement, another lawyer for Mr. Gribetz, Andrew Maloney, said: "Mr. Gribetz has long since reconciled with his wife yet continues to be harassed by a very disturbed person and will have no further comment."

For two years, Mr. Gribetz has been the target of an investigation by the United States Attorney for the Southern District, Mary Jo White.

The New York Times reported in March 1994 that a Federal grand jury had been investigating whether Mr. Gribetz had improperly used a credit card supplied by his re-election campaign to pay for jewelry, hotels and restaurant meals during personal trips and whether he had accepted several thousand dollars from a former law partner for referring a negligence case to him. The Times article said that a former friend, who declined to identify herself, said she had told Federal agents about trips Mr. Gribetz took and credit-card purchases she witnessed, including gifts of a gold watch and earrings.

Last month, Murray Appelbaum, a neighbor of Mr. Gribetz in Monsey, N.Y., and a close friend, was indicted on perjury charges growing out of the negligence referral part of the inquiry. Without identifying Mr. Gribetz, the indictment said that Mr. Appelbaum had lied about receiving a $3,200 check from a law firm in Pearl River, N.Y., that has since been dissolved.

The indictment did not say what Mr. Appelbaum did with the check, but it said he had given money to an unidentified lawyer for making a referral. It also said that the grand jury was investigating whether the lawyer had failed to report cash received from Mr. Appelbaum and others on his income taxes. The payments totaled $9,200.

In a telephone interview, Ms. Taylor, who directs activities at a shelter for homeless families in Pomona, N.Y., refused to comment other than to say: "Who cares about me? I'm not the story. The story is whether Ken Gribetz is guilty or not."

The Rockland County Executive, C. Scott Vanderhoef, said today that he had asked Mr. Renc to do a spot check of expense vouchers that Mr. Gribetz submitted in the years he was purportedly seeing Ms. Taylor.

Mr. Vanderhoef said Mr. Gribetz called him today. "He sounded disturbed, and obviously he's concerned about his reputation," Mr. Vanderhoef said. "He just simply told me he never misused any county funds or employees."


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METROPOLITAN DESK
Politician Under Fire; Rockland County Prosecutor Faces Criminal Inquiry -- and Sex Scandal
By JOSEPH BERGER (NYT) 898 words
New York Times -  April 19, 1995

WHITE PLAINS, N.Y., April 18 - For his two decades as District Attorney, Kenneth Gribetz has been such a towering figure on Rockland County's political landscape that the Republican opposition meekly endorsed him twice for re-election.

Even a year ago, when Rockland's newspapers and The New York Times reported that the county's chief prosecutor was himself the target of a Federal grand jury investigating whether he was taking kickbacks from lawyers for referring negligence cases and was using campaign funds to make personal purchases, Mr. Gribetz seemed to weather that storm.

Indeed, his masterly prosecution last winter of a Bronx college student, Edward L. Summers, for a carjacking and murder seemed a new high in a distinguished career.

"He was Rockland's biggest hero when he got that conviction," said Vincent D. Reda, Rockland's Republican chairman. "The people of Rockland would have given him a ticker-tape parade."

But today the 50-year-old Mr. Gribetz's political career has never been so imperiled. The county newspaper, The Rockland Journal-News has called for him to step down, and his close political ally, Vincent J. Monte, the county Democratic chairman, acknowledged that "it will be difficult for him politically" to overcome the allegations.

As for so many politicians, the catalyst for the reversal in his fortunes has been a sexual scandal.

A woman who claims to have had a three-year affair with Mr. Gribetz, and had privately confided her tale to newspapers before, decided to go public on Monday and tell the Daily News of her assignations. The article's impact was heightened by a front-page photograph of her and Mr. Gribetz snuggling at a 1992 Christmas party, a photograph the woman usually kept on an antique chest in her home in the upscale hamlet of Sneden's Landing.

The woman, Constance Taylor, is a graduate student in human sexuality at New York University and a $29,900-a-year shelter worker for the county's Department of Social Services, a job she says Mr. Gribetz helped her get. She protests that newspaper and television accounts are focusing on sexual paraphernalia she turned over to Federal investigators rather than on what she says is the core of her grievance: that Mr. Gribetz abused his power.

When she spoke to The New York Times a year ago -- demanding anonymity, a request she has recently withdrawn -- she said that Mr. Gribetz bought her earrings and a gold watch with a credit card arranged for by his 1993 campaign. She said the two of them traveled together to Washington, Albany and Boston, and he would pay the hotel and restaurant bills with the same credit card.

She said that after she broke up with Mr. Gribetz on Aug. 26, 1993, she received two threatening phone calls warning that "Kenny wanted me dead." On the night of the breakup, she said, Mr. Gribetz exhorted her to drive from Albany back to Rockland County even though it was late and she had been drinking.

Albany police records show that Ms. Taylor filed a complaint on Sept. 1, 1993, that she had been a victim of a third-degree assault on Aug. 26, a charge she never pursued.

So frightened was she, she said, that she finally told her story to Assemblyman Sam Colman of Chestnut Ridge, a pivotal moment for Mr. Gribetz's fortunes. Mr. Colman was for a time the subject of a Gribetz investigation and in recent years has been no fan of the Rockland prosecutor. After their meeting, she spoke to Federal prosecutors.

Ms. Taylor even sent an audiotape confirming the relationship to Mr. Gribetz's wife, Judith, explaining in the 1994 interview, "I didn't know how to fight the man."

"I was deeply in love with him," she said, picturing herself as a "vulnerable" divorcee. "I honestly thought if I disappeared, no one would care or know where to look."

But whether Ms. Taylor's allegations are true or not, Mr. Gribetz faces a Federal criminal inquiry that could have far more serious consequences than the deep embarrassment he has suffered in recent days. He denies he improperly spent county or campaign money, but the investigation is focusing on another area: fees he is accused of receiving for negligence cases he referred to private lawyers and whether he reported them on tax returns.

That inquiry got a step closer to Mr. Gribetz last month, when Murray Appelbaum, a neighbor of the Gribetzes in the community of Monsey and a close associate, was indicted for perjury. He is charged with lying to a grand jury about a $3,200 referral fee he received in a negligence case and is accused of passing on to an unnamed lawyer. Another friend, Murray Bauer, was charged with perjury in a Federal complaint in January about money he received for a negligence case that he passed on to an unnamed lawyer.

While not named, local newspapers have identified Mr. Gribetz as the ultimate beneficiary of the fees, and Mr. Gribetz's lawyers have not denied that he is the inquiry's target.

Mr. Gribetz's lawyer, Leon H. Charney, said today that Mr. Gribetz has "rebounded," has reconciled with his wife and is "ready to fight." But the large question mark hovering over Mr. Gribetz, a man who in 20 years has prosecuted such high-profile cases as the 1981 Brinks armored car robbery but has also made more than his share of enemies, is whether either of his two friends who are now in trouble with the law will open up to the United States Attorney's Office.

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METROPOLITAN DESK
Rockland Prosecutor's Friend Assists in Investigation of Him

By JOSEPH BERGER
New York Times -  April 20, 1995

WHITE PLAINS, April 19 - In a major step forward for the two-year-old Federal investigation of Kenneth Gribetz, the longtime Rockland County District Attorney, a close friend of Mr. Gribetz's has pleaded guilty to mail fraud and has begun cooperating with prosecutors.

The friend, Murray Bauer, a 45-year-old private detective, pleaded guilty on Tuesday in Federal court here to submitting inflated bills for investigative work he did in a negligence suit. Prosecutors charge that Mr. Bauer inflated those bills and passed on a $30,000 share of the negligence case's legal fees to an unnamed lawyer.

The lawyer suspected of receiving that $30,000 as a referral fee is Mr. Gribetz, according to two lawyers close to the case, who spoke on condition of anonymity. While taking a referral fee is not in itself illegal, Assistant United States Attorney Kerry A. Lawrence is investigating whether Mr. Gribetz failed to report the money as income on Federal tax returns.

During a 15-minute hearing on Tuesday, Judge Charles L. Brieant said that Mr. Bauer would be sentenced under guidelines that offer leniency for felons assisting in other prosecutions. Mr. Bauer's lawyer, Jared J. Scharf, declined to confirm whether his client was cooperating.

One of Mr. Gribetz's lawyers, Leon H. Charney, said today that Mr. Gribetz is "not planning to resign," though other close associates expressed doubts that he could continue in office given the damage to his effectiveness caused by recent revelations.

The past week has been a particularly dreadful one for Mr. Gribetz. On Monday, a 45-year-old woman who said she had a three-year affair with Mr. Gribetz went public, accusing him of using county workers to drive the couple to assignations and paying the hotel bills with county credit cards. When the woman, Constance Taylor, privately confided her tale to a reporter for The New York Times a year ago, she said Mr. Gribetz paid the bills with campaign credit cards.

Mr. Gribetz's associates have described Ms. Taylor as disturbed and are accusing her of harassing Mr. Gribetz since their breakup in August 1994.

In October 1994, Ms. Taylor was stopped by a sheriff's deputy at 1:30 A.M. for attaching a poster to a bus stop shelter that asked "Who is Kenneth Gribetz?" and depicted a cartoonish Mr. Gribetz dressed in woman's clothes and flailing a whip. Chief Harry Stewart of the Rockland County sheriff's office said Ms. Taylor was given a traffic violation that night for parking her car in the wrong direction.

Ms. Taylor was hospitalized on May 11, 1992, in the Westchester County Medical Center for a nine-day psychiatric evaluation after she swallowed large amounts of Valium and alcohol, the Clarkstown police said. The F.B.I. in Washington said today that Ms. Taylor worked for the agency in 1970 in a job it would not disclose.

Reached this week, Ms. Taylor refused to comment on the assertions.

The negligence case Mr. Bauer was involved in stemmed from a head-on collision between a bus and a car driven by James Koenigsberg. Mr. Bauer investigated the matter and urged the widow, Karen Koenigsberg, to retain Richard Weiner as a lawyer, a referral strengthened by a recommendation from Mr. Gribetz, a lawyer familiar with the case said.

The eventual settlement totaled roughly $800,000, and Mr. Bauer submitted a bill for $137,280, saying he had done 1,549 hours of work. Mr. Bauer was charged with mail fraud for using the mail to send inflated time sheets.

Correction: April 22, 1995, Saturday

An article on Thursday about a Federal investigation of Kenneth Gribetz, the Rockland County District Attorney, referred incorrectly to the 1992 settlement of a negligence case in which Mr. Gribetz is suspected of having received a $30,000 referral fee. The settlement was $3.2 million, not $800,000. The smaller figure was the legal fee paid to Richard J. Weiner, the plaintiff's lawyer.
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METROPOLITAN DESK
An Associate Of Gribetz Talks Before Grand Jury

By JOSEPH BERGER
New York Times - April 22, 1995



WHITE PLAINS, April 21 - A close associate of Kenneth Gribetz, the longtime Rockland County District Attorney, has testified to a Federal grand jury looking into allegations that Mr. Gribetz paid no taxes on referral fees he received from private lawyers, a lawyer close to the Gribetz case said today.

At the same time, lawyers for Mr. Gribetz met this week in Manhattan with Mary Jo White, the United States Attorney for the Southern District, to forge a deal that would head off a possible indictment, another lawyer close to the case said. Both lawyers disclosed recent developments on the condition that their identities be concealed.

On Tuesday, Murray Bauer, a 45-year-old private detective and a friend of Mr. Gribetz, pleaded guilty to one count of mail fraud growing out of inflated bills he submitted for investigative work on a 1990 car accident. That same day, it was revealed today, Mr. Bauer testified for half an hour before a grand jury that has been investigating Mr. Gribetz for almost two years. He is expected to be called back to testify again.

While the lawyers declined to provide details about Mr. Bauer's testimony, one of them noted that Mr. Bauer has already told Federal investigators that in June 1992 he delivered $30,000 in cash to Mr. Gribetz, in two $15,000 batches. The money was paid to Mr. Gribetz by a Nanuet lawyer whom Mr. Gribetz had recommended to the widow of the man killed in the 1990 accident.

Mr. Bauer could prove to be a problematic witness for the prosecution if Mr. Gribetz were brought to trial. He has a history of gambling and financial troubles. Two years ago, he pleaded guilty to tax evasion in an unrelated matter and admitted in court that he was a compulsive gambler whose finances were in a shambles.

Any deal for Mr. Gribetz would have to be approved by the tax division of the Justice Department and it appeared likely that Mr. Gribetz's lawyers, Andrew J. Maloney and Gustave H. Newman, would soon be going to Washington to find a formula to avoid a trial.

"The process is punishment itself," said one lawyer close to the case. "Any lawyer would be remiss not to try to avoid an indictment."

Kerry A. Lawrence, the assistant United States attorney here heading the Gribetz investigation, acknowledged that "dispositions in tax cases generally require the approval of the tax division of the Department of Justice."

In an interview, Mr. Maloney, the former United States Attorney for the Eastern District in Brooklyn, declined to confirm that negotiations were taking place. But in corruption cases involving government officials, lawyers typically offer to have a client resign or repay money before entering into discussions about guilty pleas. In some cases, they also try to show federal prosecutors that their case is a weak one.

One close associate of Mr. Gribetz acknowledged that a resignation was a possibility even if there was no guilty plea. "How effective can he be after all this stuff," the associate, who spoke on condition of anonymity, said. But another close associate who spoke to Mr. Gribetz on Monday, said Mr. Gribetz was a fighter and "I don't see Kenny resigning as D.A."

For two years, the 50-year-old Mr. Gribetz, who has often commanded a national stage with such prosecutions as the 1981 Brinks armored car robbery, has been the target of an investigation into allegations that he took cash kickbacks for referring legal cases and that he used a campaign credit card for personal purchases.

Mr. Bauer's involvement stems from a head-on collision in 1990 between a school bus and a car driven by a Rockland County man, James T. Koenigsberg. The case was settled in 1992 for $3.2 million and Mr. Koenigsberg's widow, Karen, paid her lawyer, Richard J. Weiner, about $800,000.

According to Mr. Bauer's lawyer, Jared Scharf, Mr. Weiner had promised to award Mr. Bauer 20 percent of the legal fees both for his detective work and for referring the Koenigsberg case to him.

But, Mr. Scharf said, instead of taking the money from his legal fee, Mr. Weiner tried to get Mrs. Koenigsberg to pay Mr. Bauer $137,000 out of her settlement proceeds, asking Mr. Bauer to submit an inflated investigative bill. That bill was challenged during estate proceedings in Surrogate's Court, which approved only $20,000 for Mr. Bauer. Mr. Weiner has declined to comment.

Mr. Gribetz's role, Mr. Scharf said, was to vouch for Mr. Weiner when Mrs. Koenigsberg was initially reluctant to retain him. According to the case, Mr. Weiner repaid Mr. Gribetz in June 1992 by signing a check for $30,000 to Mr. Bauer, who deposited it in his bank account then twice passed on $15,000 in cash to Mr. Gribetz.
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METROPOLITAN DESK
Prosecutor in Rockland County Resigns Post After a Guilty Plea

By JOSEPH BERGER
New York Times - May 4, 1995

WHITE PLAINS, May 3 - Kenneth Gribetz, the District Attorney of Rockland County, resigned today and pleaded guilty to two Federal misdemeanor counts, one for failing to disclose $36,000 in taxable income and a second for using county investigators on personal errands, like delivering copies of a book he wrote.

It was the first time in 22 years that a District Attorney in the New York metropolitan area had been forced out of office for committing a crime, Federal authorities said.

It was the more remarkable because the 50-year-old Mr. Gribetz, in his 20 years as Rockland's chief prosecutor, had become one of the best known law enforcement officers in the region, as adept at grabbing headlines as he was at winning convictions. In the early 1980's, he successfully prosecuted five radicals who held up a Brinks armored car in the Nanuet Mall and killed two police officers and a guard.

In a spare courtroom here, Mr. Gribetz took up the unaccustomed role of the accused with visible tension, standing stiffly behind the defense table, his jaw clenching repeatedly, his head bowing at times.

"I knowingly did use county employees for personal matters," Mr. Gribetz told Judge Barrington D. Parker Jr. of Federal District Court in an uncommonly hushed voice. "I knowingly failed to make known information to the Internal Revenue Service which I was required to make known to it."

In New City, where Mr. Gribetz had his office, there was sadness as Mr. Gribetz's intensely loyal staff learned of the guilty pleas.

"It is a sad and tragic day for Kenneth Gribetz, his family, friends, staff of the office and the people of Rockland County," said John K. Grant Jr., the chief assistant district attorney, who will take over until Gov. George E. Pataki appoints a replacement. "Kenneth Gribetz is a gifted, talented and brilliant prosecutor."

Even Mary Jo White, the United States Attorney for the Southern District, whose office brought the case, said Mr. Gribetz was "a public official who in other ways has rendered valuable service to the citizens of Rockland County for many years, but whose crimes betrayed that same public's trust."

The plea was a result of last-minute negotiations Tuesday between Mr. Gribetz, his lawyers, Ms. White and her aides, which were completed just hours before a grand jury was expected to agree on a felony indictment. The plea deal forced Mr. Gribetz from office, but it is unlikely to yield more than a few months of jail time, if any, and will probably mean that Mr. Gribetz, after a brief suspension, will be able to resume working as a lawyer in private practice. Mr. Gribetz did not promise to cooperate in other cases.

At the 35-minute hearing, Mr. Gribetz's lawyer, Andrew J. Maloney, sought to minimize the seriousness of the charges, saying that the misuse of county employees cost less than $100 in Federal money and included such well-known events, with no attempt to conceal, as the annual building of the Gribetz family's succah, a wooden booth put up during the eight days of the Jewish holiday of Succoth. Mr. Maloney emphasized that Mr. Gribetz did not acknowledge other elements in the complaint.

The additional taxes that Mr. Gribetz owed, he said, totaled only $1,980 in 1988 and $9,582 in 1992.

Prosecutors submitted a four-page complaint -- a Government document short of an indictment -- that spelled out acts to which Mr. Gribetz did not specifically plead. The document, read in court by Kerry A. Lawrence, an assistant United States attorney, said Mr. Gribetz used county investigators and other employees to chauffeur him and "one or more of his companions" to and from events unrelated to work. Constance Taylor, a 45-year-old Rockland County social services worker who said she carried on a two-year affair with Mr. Gribetz, has told Federal investigators that Mr. Gribetz used office personnel to pick her up for assignations with him.

The documents also calculated the total employee time involved in improper tasks for Mr. Gribetz at $23,000, not just the $100 subsidized by Federal money and thus prosecutable by Federal authorities.

During his arraignment, Mr. Gribetz asked if he could keep his passport so he could visit his daughter Vicki, who is expecting his second grandchild, in Israel. Magistrate Mark D. Fox said he would consider the request but ordered him to surrender his passport for now and restrict his movement to the New York region.

Federal officials said the last District Attorney to be forced from office was Thomas J. Mackell, who resigned as the Queens District Attorney in 1973 after he was indicted on charges of hindering prosecution in a get-rich-quick scheme.

The two misdemeanor counts, theft of Federal funds and willful failure to supply information on tax returns, each carry penalties of one year or less in prison and fines of $100,000 each. Sentencing is scheduled for Aug. 3.

Two of the most important considerations for Mr. Gribetz were that jail terms are often waived in misdemeanor cases and that misdemeanors, unlike felonies, do not result in automatic disbarment.

"Generally speaking, in misdemeanor tax cases there is a limited period of suspension imposed at the discretion of the Appellate Division," said his lawyer, Mr. Maloney, the former United States Attorney for the Eastern District of New York.

Mr. Gribetz and his lawyers thought they could forge a deal to avoid a grand jury indictment for felony counts because one of the witnesses against him was expected to have credibility problems. The witness, Murray Bauer, is a private investigator who pleaded guilty to tax evasion two years ago and admitted in court that he was a compulsive gambler whose finances were a shambles.

The core of the two-year Federal investigation of Mr. Gribetz stems from his taking referral fees from lawyers to whom he recommended clients. One case involves $6,000 that was given Mr. Gribetz by a former law partner, Herschel Greenbaum, in the settlement of a 1985 accident case and passed through a Gribetz friend. Another involved $30,000 passed to Mr. Gribetz by Mr. Bauer after the settlement of an unrelated 1990 car accident case.

The legality of referral fees is murky. But the documents produced in court today say that such practice is illegal if no actual services are performed to deserve a payment. Large prosecutorial offices like Manhattan's forbid assistants from doing any outside legal work and from accepting referral fees.

The investigation of Mr. Gribetz began in 1993 as a result of a Federal inquiry into whether gamblers in Rockland County were receiving warnings about police raids. The inquiry soon touched an investigator in Mr. Gribetz's office, and a grand jury began questioning assistants and former assistants in his office, some of whom cooperated, according to James K. Kallstrom, assistant director of the the Federal Bureau of Investigation's New York field office.

At a news conference, Ms. White rejected suggestions by some reporters that Mr. Gribetz was treated too leniently. She said that if Mr. Gribetz had been indicted for a felony, "the sentencing guidelines would have been the same." The point, she said, was that "law enforcement in Rockland County can be put back on a regular, stable plain."

Correction: May 5, 1995, Friday

A picture caption yesterday with the continuation of an article about the resignation of Kenneth Gribetz, the Rockland County District Attorney, misidentified the man accompanying him into court. The man was Mr. Gribetz's uncle, Lester Gribetz, not his lawyer, Andrew J. Maloney.

Photo: Kenneth Gribetz yesterday, before he was forced to resign. (Chris Maynard for The New York Times)
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METROPOLITAN DESK
Fighting Prosecutor Stopped Fighting for Himself

By JOSEPH BERGER
New York Times -  May 5, 1995

WHITE PLAINS, May 4 - Until two weeks ago, Kenneth Gribetz, the Rockland County District Attorney, and his lawyers were prepared to fight any indictment the Federal Government might bring.

As a shrewd prosecutor, Mr. Gribetz knew that the case against him -- charges of taking fees for referring negligence cases and not reporting the money on his income taxes -- was hobbled by weaknesses, said associates, who spoke on condition of anonymity.

Yes, there were two witnesses who were talking to prosecutors about $36,000 in cash he received. But, one, Murray Bauer, was a convicted tax evader and compulsive gambler who might not be credible to a jury. And the other, his former law partner, Herschel Greenbaum, had cancer and might not be able to testify. Other possible charges involving Mr. Gribetz's use of aides for personal services bordered, legally speaking, on the petty, the kinds of crimes juries might shrug off, his lawyers told him.

Yet, two weeks ago, Mr. Gribetz decided to throw in the towel, and, his associates say, the law had less to do with his decision than a baleful turn in another area of his life that had always sustained him: newspaper headlines. Suddenly, the newspapers that had once trumpeted his triumphs, like the Brink's armored car robbery of 1981 and a recent carjacking at the Nanuet Mall, were now full of accusations from a former lover.

There were front-page stories in The Daily News that Mr. Gribetz had used aides to chauffeur the woman, Constance Taylor, to assignations at hotels in Albany, Washington and Boston. These were followed by uncomfortable details of sexual paraphernalia and television interviews of Ms. Taylor.

After a while, Mr. Gribetz simply lost heart. He told his lawyers, who always thought his case was winnable, that he was willing to resign and plead guilty to a misdemeanor, a charge that could mean less than a year in jail or no time at all.

"The whole landscape changed with all the publicity and that putting great stress on him and his family," said one close associate. "He just didn't have the stomach."

Mr. Gribetz's lawyer, Andrew J. Maloney, acknowledged as much in an interview today.

"One of the factors in considering to plea to a misdemeanor was the strain that this and other matters were putting on Mr. Gribetz and a strong desire to put these things behind him and get his life in order," said Mr. Maloney, a former United States Attorney.

"For me this whole matter is a tragedy, that an otherwise outstanding District Attorney, and one of the most outstanding in the state, had to have this happen after 20 years," Mr. Maloney said.

The damaging publicity may also have changed the landscape for Federal prosecutors, who were submitting evidence to a grand jury for a felony indictment, not a misdemeanor. Once the personal price of the headlines became obvious, Mr. Gribetz's lawyers were able to make their case that their client had suffered enough, that a resignation and a plea to a misdemeanor -- which unlike a felony might allow him to keep working as a lawyer -- was punishment enough.

"The guy has been destroyed professionally and personally in what is normally a Mickey Mouse tax case," said the close Gribetz associate.

By Tuesday of this week, Mary Jo White, the United States Attorney for the Southern District, seemed to accept the Gribetz team's argument. She said as much when reporters asked her why she was so lenient with Mr. Gribetz. She noted that there was a certain sting to being "subjected to personal and professional disgrace."

"If this is beating the system, remind me never to beat the system," she said.

All that was left were the details of the plea, though that, too, had its intriguing wrinkles.

Mr. Gribetz was willing to admit he took referral fees and did not report them on tax returns. Indeed, his lawyers had argued that the amounts of taxes he did not pay -- $1,980 in 1988 and $9,582 in 1992 -- were comparatively small.

He was even willing to admit that he used aides for personal business, like delivering copies of a book he wrote in 1989. After all, many public officials with chauffeured cars find the line between the personal and professional blurred.

But Mr. Gribetz was not willing to admit in court that he used aides to chauffeur a companion, a reference to Ms. Taylor.

So an elegant, if unspoken, compromise was worked out.

In court, Mr. Gribetz pleaded guilty to failing to pay taxes and to the generic misuse of his aides. Yet, Kerry A. Lawrence, the lead prosecutor, was able to read a complaint in court that explicitly mentioned the use of aides to chauffeur "one or more of his companions."

It was one more lash for Mr. Gribetz, but one he had to take to leave the courtroom with good prospects of eluding jail time and a professional license intact.

Photo: Kenneth Gribetz, left, with his uncle, Lester Gribetz, before entering court on Wednesday. He quit as Rockland County District Attorney. (Chris Maynard for The New York Times)

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Let Kenneth Gribetz Have Simple Justice
New York Times - May 12, 1995

To the Editor:

Re "Mr. Gribetz's Misdemeanors" (editorial, May 6):

The sentencing judge will and should mete out punishment consistent with the particular crime(s) of which Kenneth Gribetz, former Rockland County district attorney, has pleaded guilty -- all in accordance with Federal Sentencing Guidelines. The misdemeanor is a relatively minor crime for which generally, where there is no prior criminal record, as here, prison time is rare.

Therefore, if such be the sentence pronounced on Mr. Gribetz, it will not be unusual or preferential. On the contrary, the prison time you advocate would be vengeful rather than judicious.

Furthermore, if external facts should be evaluated, the 20-plus years of Mr. Gribetz's exemplary public service should be a consideration.

When the guilty plea of baseball's Darryl Strawberry for failing to report $500,000 in income does not result in jail time, and the mob informer Sammy Gravano, after admitting to participating in 19 murders, serves less than five years, justice should weigh on the side of leniency for Mr. Gribetz. DANIEL N. ZASLOWSKY New York, May 8, 1995 The writer is a lawyer.
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METROPOLITAN DESK
Too Much, Too Soon? After Scandals, Rockland County Reflects on Change

By JOSEPH BERGER
New York Times -: May 7, 1995

NEW CITY, N.Y., May 5 - In the close-knit village atmosphere that still prevails in much of Rockland County, people aren't sure what to make of the downfall of District Attorney Kenneth Gribetz and scandals that preceded it, involving the local utility company and the community college. Do they reflect something about Rockland itself and its rapid transformation from rural enclave to New York City suburb? Or is it more a question of the particular people involved?

As Mr. Gribetz's stunning resignation on Wednesday begins to sink in, there are those here who feel there is an inbred quality to Rockland's politics that when mixed with the rapid growth helps explain much of the troubles here.

Geographically, Rockland is an insular place, locked between the Hudson River and the Ramapo Mountains. Three decades ago it was mostly small farms and settlements of quarry workers.

Residents speak loyally of the area as a tranquil spot blessed with a scenic countryside and good schools. But many say that as the government has grown, it has become honeycombed with unqualified political appointees and needless bureaucrats.

"I tried to put up a diner and it's taken me three and a half years and $50,000 to get the paperwork done," said Archie Ligeras, 43, a Greek immigrant who has lived in Rockland for a decade and runs Cafe Neon, a coffee shop across from the county courthouse here.

He wonders, for example, if the town of Clarkstown had to spend millions of dollars for a spacious police headquarters, which he calls the Taj Mahal. Others wonder why developers in overbuilt Rockland have been toying with building yet another mall -- the Pyramid -- with the threat it could pose to small village merchants, and they suggest its purpose is to profit landowners and politicians.

Another school of thought, however, contends the scandals have nothing to do with Rockland's evolution. They emphasize the urban refugees from places like the Bronx who have imported a clubhouse brand of politics, with its trading of favors. This school argues that the ancient flaw of hubris lies behind the troubles of Mr. Gribetz and the half-dozen executives of the local gas and electric company, Orange and Rockland Utilities, who have been accused in recent years of using utility money for personal expenses and political donations.

"People become entrenched in a position of power and they become complacent and feel they have almighty power and can get away with anything," said a lawyer, who spoke on the condition that his name not be used, sitting in the graceful Art Deco county courthouse here. Like many others in this genial county seat, he is personally acquainted both with Mr. Gribetz and with officials touched by the Orange and Rockland scandal.

In yet another scandal, questions have been raised about possible fraud, theft and conspiracy involving financial-aid payments at the county's community college.

Few people here say anything harsh about Mr. Gribetz, and they still seem to respect him for his successes as a prosecutor. Even Mr. Gribetz's guilty plea to two misdemeanors -- one for failing to report $36,000 in referral fees on his taxes and the other for deploying county workers for personal errands -- draws a kind of admiration.

"I think he tried to get out of a bad situation," Mr. Ligeras, the coffee shop owner, said. "He has respect for the people of Rockland and he tried to cut their suffering."

Before the 1950's, Rockland was, in the words of Keith Henderson, the 33-year-old owner of a copying shop, a place where "you could leave your bicycle on the lawn without worrying about it getting stolen."

For better or worse, that small-town flavor began fading irreversibly when the county was tethered to New York City and Westchester with the opening of the Tappan Zee Bridge, said Debra Walker, executive director of the Historical Society of Rockland County.

Skilled factory workers, merchants and New York City civil servants like police officers and firefighters, who had been frozen out of the suburban dream by prices in Westchester and Nassau, could buy a house in Rockland for $25,000. Rockland's population rose from 89,276 in 1950 to 229,903 in 1970 to 265,475 in 1990.

Until 1985, Rockland did not even have a county executive, but was ruled by a part-time legislature and part-time boards for its five towns. There were not enough government planners to stem the tide of shopping strips, cookie-cutter homes and overdevelopment, said Ms. Walker, who notes that the current County Executive, C. Scott Vanderhoef, is working to professionalize government.

Those boom-town days, with the opportunities they created for lawyers, developers and politicians, sometimes gave Rockland's politics a grasping edge. Suburbanization also began breaking the county up into ethnic enclaves that along with the existing sharp divisions among the towns and villages, further deepened the political infighting.

"People say, 'I care what happens in Nyack, but I'm not so sure about what happens in Rockland,' " said Ms. Walker.

The Irish settled in Pearl River, the Orthodox Jews in Monsey and New Square, the Haitians in Spring Valley, Hispanic people in Haverstraw. (Rockland's population is 86.9 percent white, 8.54 percent black, 2.75 percent Hispanic, 1.47 percent Asian and 0.39 percent Indian.) Residents began carving out new villages with more restrictive zoning. In one case, a group of Orthodox Jews contended that the village of Airmont was carved out of the town of Ramapo to keep out the home synagogues they need to walk to for Sabbath worship.

Paradoxically, the small village atmosphere dovetailed with the neighborhood politics of New York City from which most new residents fled. Leslie Michael, an expatriate from Forest Hills, Queens, who owns a New City lamp shop, said few people are dismayed that a public official like Mr. Gribetz would receive referral fees.

"I'd say every lawyer everywhere does it," said Mr. Michael.

Like many others, Mr. Ligeras believes the case against Mr. Gribetz had its roots in a political vendetta. According to this theory, Mr. Gribetz was angry that Assemblyman Sam Colman challenged John T. Grant in the Democratic primary for county executive in 1993. Mr. Gribetz investigated Mr. Colman, then indicted an aide for misreporting a political contribution. Mr. Colman fought back by helping law-enforcement authorities investigate Mr. Gribetz. Mr. Colman has denied any vendetta.

Mr. Michael believes that one relatively recent trend contributing to the scandals is the county's rising affluence. Taxes have been raised and average home prices are now above $200,000, making many people a little needier or greedier.

"I'm selling lamp fixtures for $1,000," he pointed out. "They're not firemen who are buying those things."

Barbara G. Sampson, 38, who was waiting for a bus that would take her from her Spring Valley home to her job at a pet supply store, said Rockland officials could learn a thing or two by studying the lives of people like her.

"They could look at me," she said, "and say 'Hey, you're the low man on the totem pole, but you're not living beyond your means. Maybe I can do that, too.' "

Photo: Rockland residents complain of change, including bureaucracy. Archie Ligeras, manager of a coffee house near the courthouse, said it has taken "three and a half years and $50,000" for paperwork for a new business. (Susan Harris for The New York Times)
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EDITORIAL DESK
Mr. Gribetz's Misdemeanors

New York Times - May 6, 1995

As the successful prosecutor in a number of prominent cases spanning his 20-year reign as the District Attorney of Rockland County, Kenneth Gribetz became one of New York State's best known law enforcement officials. But that bright career collapsed in disgrace this week as Mr. Gribetz resigned his office and pleaded guilty to two Federal misdemeanor counts, avoiding imminent indictment on more serious felony charges.

With his brief admission to the court, Mr. Gribetz sought to downplay the theft of public funds and the kickback scheme that led to his downfall. But his arrogant betrayal of public trust cannot be disguised.

Prosecutors charge that he used county investigators and other employees to perform a variety of personal tasks, including gardening and chauffeuring. Public interest in the case was heightened last month when Constance Taylor, a 45-year-old social services worker, publicly accused Mr. Gribetz of subsidizing their three-year affair with taxpayer and campaign funds.

The more serious second count involves Mr. Gribetz's collection of referral fees from lawyers to whom he steered clients, and his hiding of that income from the I.R.S. The kickback scheme showed contempt for state law and ethics rules.

By relinquishing his job and pleading to the misdemeanors, Mr. Gribetz clearly hoped prison time would be waived and automatic disbarment avoided. But the plea deal does not foreclose the sentencing judge from making him serve at least part of a possible two-year jail sentence. Nor does it relieve the state bar disciplinary committee of doing its duty to punish Mr. Gribetz's breach of professional conduct.


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Gribetz Successor Named
New York Times -  May 27, 1995

Gov. George E. Pataki today named a temporary replacement for Kenneth Gribetz, the former Rockland County District Attorney who resigned after admitting to Federal corruption charges.

The Governor appointed Michael Bongiorno, an assistant district attorney in Manhattan, to take over the District Attorney's post until Dec. 31.

As part of a plea bargain, Mr. Gribetz pleaded guilty earlier this month to failing to disclose $36,000 in taxable income and to using county employees on personal errands.

Mr. Gribetz got in trouble after a former mistress who was unhappy about her breakup with him complained to the authorities.

Mr. Bongiorno, a resident of New City, has been a prosecutor in Manhattan since 1981. He received his bachelor's degree from Yale and his law degree from Washington and Lee University in Lexington, Va
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Focus on crimes involving religious Jews sparks debate
by DEBRA NUSSBAUM COHEN
Jewish Telegraphic Agency - June 16, 1995


NEW YORK -- Is it right to expect more moral behavior from those who present themselves as religious Jews than from those who do not?

The answer depends on which rabbi you ask.

The question arises in the wake of the indictment on sex crime charges of an aide to a prominent Chassidic rabbi and several instances of alleged breaches of ethical behavior by Jews who call themselves religious.

Among those whose morality has been called into question is a Reform rabbi, who has been the focus of community suspicion in the murder of his wife, though he has neither been arrested nor formally ruled out as a suspect.

On the other end of the religious spectrum are two leaders of a Chassidic community, who were arrested on charges of sexually molesting a teenage girl, and an Orthodox district attorney, whose financial abuses of his office and marital infidelities were recently exposed.

Such crimes are not limited to members of the rabbinate and Orthodox world, of course, but there is much greater interest in such cases when these individuals are involved.

Recognizing that even rabbis need explicit guidance about behaving ethically in financial and sexual matters in complicated times, the Reform movement updated its rabbinic ethics policy in 1991.

And a few months ago, the Reconstructionist Rabbinical Assembly adopted its own rabbinic ethics policy on similar matters.

The Conservative movement has no formal policy, though its rules for filing and dealing with a complaint against a rabbi are in the process of being clarified, said Rabbi Joel Meyers, executive vice president of the movement's Rabbinical Assembly.

For the mainstream Orthodox rabbinical group, the Rabbinical Council of America, the ethics policy is "the laws of the Torah," said Rabbi Steven Dworken, the group's executive vice president.

"We presuppose that an Orthodox rabbi doesn't need more of a policy than that," he said.

But the current case involving allegations that a rabbi of the Pupa Chassidic sect and his assistant sexually abused a teenage girl while flying from Australia to Los Angeles suggests that not every Orthodox Jew follows the Torah closely.

Rabbi Israel Grunwald, the leader of Congregation Toldos Yakov Yosef in the Boro Park section of Brooklyn, was charged with the federal crime of sexually touching a minor, while his assistant, Yehudah Friedlander, was indicted for sexual abuse.

The court was told the rabbi had admitted to federal agents that he had committed some of the acts, which the girl said included forcing his hand under her clothing and repeatedly touching her breast and her vagina despite her pleas not to, according to news reports.

Friedlander reportedly pleaded guilty in 1991 to the charge of third-degree sexual abuse in a Monticello, N.Y., case.

A federal magistrate, in initially denying bail, called Friedlander "a danger to the entire community." The rabbis' attorney told reporters that both denied the charges.

The case is clearly getting more attention in the media than it would have had the alleged assailants been non-religious.

Rabbis of several denominations interviewed said the attention is justified.

According to one Orthodox rabbi, Irving "Yitz" Greenberg, "It is legitimate to expect more" moral behavior from the observant. Still, "no system, no matter how good, will not have individual failures."

That Friedlander had allegedly pleaded guilty to sexual abuse several years earlier, yet retained a position of importance within his community, was also cause for concern, said Greenberg.

"Was that behavior treated with the seriousness it deserves, or did the `oldboys' close ranks behind him? It raises that question," said Greenberg, president of CLAL -- the Jewish Institute for Learning and Leadership.

"In the Orthodox community there is too much closing ranks and a `no one rock the boat' mentality. There is authoritarian leadership, and dissent is not tolerated. Criticism is seen as disloyalty," he said.

The spokesman for an ultra-reglious group, Agudath Israel of America, said he was not so certain that the focus on religious Jews' failings is legitimate.

"The attention paid to them because they're Chassidim is understandable but lamentable," said Rabbi Avi Shafran.

"What results from it is the reinforcement of the stereotype that Chassidim are hypocrites. The overwhelming majority of the observant world is people determined to keep to the stringencies of their faith," he added.

"For people to think Chassidim are this way, hiding a darker self, is embarrassing to all of us who wear beards and yarmulkes."

In another high-profile New York case, Rockland County District Attorney Kenneth Gribetz, an Orthodox Jew, quit his post last month shortly before pleading guilty to two misdemeanor counts of defrauding the government in a deal he worked out with the U.S. Attorney.

Although married, a father and grandfather, Gribetz was partly done in by his former mistress, who went to the media with information about him. Gribetz aspired to being a congressman and was admired by many of his area's religious Jews.

Rabbi Moshe Tendler, Gribetz's longtime rabbi, said in an interview that he had often cited Gribetz in his speeches to illustrate how a devout Jew can remain faithful to the laws of kashrut and Shabbat while pursuing any career --even in law and politics.

But evidence police collected from Gribetz's ex-lover's home included whips, a dog collar, sex toys and pictures of Gribetz modeling women's clothing. Their three-year affair apparently included trips they took together funded by taxpayers' dollars.

Tendler, who organized a meeting of community rabbis to levy social sanctions against Gribetz just before his breaches became public, described the former politician's behavior as a "chilul haShem," or a desecration of God's name.

His behavior "emasculated our Torah. It reduces or minimizes the claim of Torah, that this is the divine law fit for the human experience. If someone who has been exposed to Torah does these things, what will people say?" said Tendler.

It is the reverse of what a religious Jew is supposed to do, that "the name of God shall be loved by your actions in Kiddush HaShem," said the rabbi,who is also a professor at Yeshiva University and a respected expert on medical ethics.

When a pulpit rabbi is implicated in a breach of ethics, as was the case with Rabbi Fred Neulander, the spiritual leader of Congregation M'kor Shalom, a Reform temple in Cherry Hill, N.J., it can shed light on the congregants' expectations of rabbinic behavior.

Neulander resigned from his position in March, four months after his wife Carol was bludgeoned to death. He has not been arrested, but the police have not ruled him out as a suspect in the ongoing investigation.

In addition, the widespread coverage it has received in the local media "has brought to light Neulander's involvement in marital infidelities," according to the Jewish Exponent in Philadelphia.

His congregation is reportedly still reeling in shock from the brutal murder and subsequent upheaval.

Should people be more profoundly disappointed by rabbis' failings than those of lay people?

According to Reform Rabbi Eugene Borowitz, "all Jews are expected to behave to a high standard of human conduct."

But "if that's true of all Jews, it's certainly true of clei kodesh," or holy vessels, said Borowitz, meaning that religious Jews have a responsibility for representing the highest ethical standards.

Borowitz is a professor of Jewish religious thought at Hebrew Union College, the Reform movement's seminary in New York City. He also authored a booktitled, "Reform Jewish Ethics and the Halacha."

Leila Gal Berner, a Reconstructionist rabbi and expert on Jewish ethics, said all religious Jews, and especially rabbis, have to guard against "the hubris that comes with the moral authority that people give them."

"When we allow ourselves to fall into a sense of self-importance, moral lapses can happen. In this situation, those involved could have thought that `no one would believe I would do such a thing,'" said Berner, director of the Center for Jewish Ethics at the Reconstructionist Rabbinical College in Wyncote, Pa.

"Part of the baggage that comes with being a rabbi or religious Jew is the kavod [honor] people give you," she added. "It's very nice, but also aburden. With that sense of hubris, then anything goes."
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METROPOLITAN DESK
Disgraced, Ex-Lawman In Rockland Avoids Jail

By JOSEPH BERGER
New York Times - September 14, 1995

WHITE PLAINS, Sept. 13 - In a ruling that brought him and his family visible relief, Kenneth Gribetz, for 20 years the flamboyant District Attorney of Rockland County, was sentenced today to five years of probation and 500 hours of community service for not paying taxes on referral fees he received from negligence lawyers and for using investigators for personal errands.

"I'm deeply, deeply sorry for my acts," Mr. Gribetz, his voice breaking, told the court before the sentence was pronounced. "I'm deeply sorry for what I've done to the people of Rockland County; I'm deeply sorry for what I did to my family. I was wrong. I let the people of the county down and the people of the state down and I'm deeply sorry."

Up to the last minute, Mr. Gribetz's lawyers feared that the sentence might include jail time, and the prosecutors, who negotiated a guilty plea with Mr. Gribetz, persisted in arguing for jail time to send a stern message to public officials.

But Judge Barrington D. Parker Jr. said in Federal District Court here that he could not be harsher because the prosecution, after a four-year-investigation, had agreed to a mild plea of two misdemeanors, which carry a six-month sentence for each count but rarely result in prison time for first offenders.

Nevertheless, Judge Parker condemned Mr. Gribetz for letting greed blemish a distinguished career.

"There is an unmistakable odor and taint of corruption surrounding this case and the defendant," he said as the slender Mr. Gribetz, dressed in his trademark navy blue suit, repeatedly clenched his jaw.

Mr. Gribetz, who gained fame in the early 1980's by prosecuting five political extremists for the fatal holdup of a Brink's armored car, resigned on May 3, then stood in an unaccustomed spot at the defense table to plead guilty to the misdemeanors. It was the first time in 22 years that a district attorney in the New York metropolitan area had been forced out of office after being charged with a crime. The last one was Thomas J. Mackell of Queens, who in 1974 was found guilty of hindering a prosecution, a conviction that was overturned on appeal.

Mr. Gribetz has been suspended from the practice of law until a formal hearing before the Appellate Division, Second Department. For tax violations, lawyers say, the Appellate Division usually demands a suspension of one or two years.

In addition to probation, Judge Parker fined Mr. Gribetz $10,000, ordered him to repay $32,900 -- the money involved in the misdemeanors -- and required him to reimburse the Probation Department $11,718 for the cost of its services. He has already started 100 hours of community service, delivering meals to AIDS patients in Manhattan, but that will not be credited against his 500-hour sentence.

Despite an outcome that pleased the Gribetz family, the half-hour court session was a painful drama. Present were Mr. Gribetz's wife, Judith, and two of his three daughters, Tamara and Lisa. They had endured months of newspaper stories about Mr. Gribetz's assignations with a Rockland County woman, dates on which county aides were sometimes used as chauffeurs. It was that publicity that spurred Mr. Gribetz to resign and seek a plea bargain.

Mindful of that embarrassment and his resignation, Mr. Gribetz's lawyers argued that he had been punished enough.

"The tragedy is he stands before you disgraced, vilified in the press, vilified by the prosecution, a broken man," said Andrew J. Maloney, his lawyer, who is a former United States Attorney for the Eastern District. "I submit there is no sentence that can match the pain he has brought upon himself and his family."

His other lawyer, Deborah Wolikow Loewenberg, who had worked as a prosecutor for Mr. Gribetz for 15 years, pointed out that Mr. Gribetz had "lost his ability to work within his profession," and had been "embarrassed beyond words by reports of personal conduct which are not relevant to his convictions." She described the charges as a "single aberration in an exemplary 51-year lifetime of dedication."

After the sentencing, Mr. Gribetz's friends went over to pat him on the back and he and his wife embraced, with Mr. Gribetz letting his head linger on her right shoulder. His daughter Tamara wept on her sister's shoulder. After a turbulent period, the Gribetzes have reconciled and are in marital counseling.

"He's obviously relieved," Ms. Loewenberg said in an interview. "But he's not the same person you know from the halls of the D.A.'s office. He's really broken. Hopefully he'll be able to find work somewhere and get a life."

In his comments to the judge, Kerry A. Lawrence, the assistant United States Attorney, argued that "although the crimes are misdemeanors, they are serious breaches," especially so "since the defendant was the highest law enforcement officer in Rockland."

But the specific charges to which Mr. Gribetz pleaded were slim and did not materially involve his prosecutorial duties. He admitted failing to report on his tax returns $36,000 he received from referring two accident cases to lawyers he knew. And he acknowledged using his investigators to deliver copies of a book he co-wrote about his career, "Murder Along the Way," and to help him build a succah, the ritual hut that observant Jews construct during the Succoth holiday.

Mr. Maloney complained that the prosecutors, after conceding they could get no more than a misdemeanor conviction, were now "gilding the lily" and expanding the scope of their case in arguing for a harsher sentence.

In an interview, Mr. Maloney said that Mr. Gribetz, despite his relief at avoiding jail, faced a difficult, uncertain period.

"He's obviously a man who has to make some major readjustments in midlife," he said.

Photo: Kenneth Gribetz, the former Rockland County District Attorney, holds hands with his wife, Judith, leaving Federal District Court in White Plains yesterday. Mr. Gribetz was sentenced on two misdemeanor counts. (Susan Harris for The New York Times)

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METROPOLITAN DESK
In a Fallen District Attorney's Many Mea Culpas, Traces of Ire

By JOSEPH BERGER (NYT) 981 words

New York Times - September 16, 1995

NEW CITY, N.Y., Sept. 15 - As District Attorney for 20 years, Kenneth Gribetz stood at the summit of Rockland County, with a flair for capturing national attention as well. This week, he began a new career here: selling title insurance out of a triangular office the size of a generous closet.

"We have no income, but I'm the president," he joked in his first interview since he was sentenced Wednesday to five years' probation for two misdemeanors, including an income-tax violation. "I hope to God it works out. Three years ago I didn't think I'd be doing this, but you can either cry or laugh, right?"

Although he retains much of the impish humor he was known for in the courthouse halls, he seemed less self-confident, even vulnerable; he was at the point of tears when he discussed the humiliating headlines he endured and the trauma within his family. The worst moment, he said, came in May when he had to hear another prosecutor pronounce criminal charges against him, then hear himself plead guilty.

"I just followed my lawyer," he said. "If I wasn't semisedated I wouldn't know what to do. It was like a surreal experience. I didn't feel it was me."

Mr. Gribetz refused to discuss what he repeatedly referred to as his "personal incident" and "tragic mistake," his long-running affair with a Rockland County woman who went on to cooperate with the United States Attorney's office. She revealed that she had been chauffeured to their out-of-town assignations by his aides and, in newspaper and television interviews, provided a description of their sex life.

"Thank God, things are fine," he said of his reconciliation with his wife of 27 years, Judith, with whom he is in marital counseling. "The personal incident took place several years ago. We're fine. I love my wife. My wife loves me. The kids have been tremendous."

Through most of the interview, Mr. Gribetz was determinedly apologetic about his misdemeanors, saying in almost mantralike fashion that he was "wrong" and "terribly sorry." He said he could not justify his failure to report $36,000 worth of referral fees from negligence lawyers, or his use of a driver and investigators for personal errands.

Yet, by turns, there were also flashes of anger at the Federal prosecutors who went after him for using his aides to run errands, which he said was commonplace among governors, district attorneys and other public officials.

A friend sent him a volume by Nahmanides, a medieval Torah commentator also known as Ramban. Reading it he has learned that "the amount of energy you put into hating people can destroy you." Nevertheless, he said, "I would not have conducted the kind of investigation they conducted against me in my wildest dreams."

"I attempted to really be fair," he said of his career. "I worked hard, and I made a mistake. I made a personal mistake and a professional mistake. I don't know too many people who haven't made mistakes in their personal and professional lives. The standard set with me toward the use of county employees has not been set with any other official that I'm aware of."

In response to a question, Mr. Gribetz indicated that his troubles had not caused him to look with more understanding on the criminals he had prosecuted.

"What did I prosecute?" he asked. "I prosecuted people who were vicious murderers, people who raped, people who maimed. I didn't try people who had affairs. If I were the D.A. and investigated lawyers who didn't report cash, people would think I was mentally ill."

Although he seemed reluctant to offer a motive for having wrecked what many people regarded as a brilliant career, he gave a hint that financial stresses had played a role.

"Whatever I was doing I was utilizing to support my family," said Mr. Gribetz, who according to court documents reported an adjusted gross income of $127,363 in 1992. "I supported three kids through college and two got married. But it was wrong. Other people have the same problems in life and it didn't justify what I did."

Several times, Mr. Gribetz made a point of saying that he had never compromised his duties as a prosecutor.

He was reluctant to discuss whether the case against him was a vendetta by politicians who had been the targets of his inquiry into the local power company, Orange and Rockland Utilities. His defense lawyer, Deborah Loewenberg, who worked as a prosecutor for him for 15 years and has a legal practice down the hall from Mr. Gribetz's Granite Title Insurance Company, said for him, "If you do your job right, you're going to make enemies."

Associates say Mr. Gribetz is on the antidepressant Prozac and has received psychological counseling.

"Tears were flowing constantly the first couple of weeks," he said of the period when he made the guilty plea. "You're exposed professionally. You're humiliated. And the press was terrible. It had nothing to do with the case, what the tabloids were printing, and that was very hurtful."

The conviction has also crippled Mr. Gribetz financially. With legal fees remaining to be paid in addition to the $44,618 he has paid in fines and tax penalties, he estimates that the case will cost him $200,000. And he has been suspended from the practice of law until an Appellate Division hearing determines a penalty.

But he was able to joke about his finances, too.

"It's like they say. 'If you owe the bank $10,000, you should worry. If you owe the bank $10 million, the bank should worry."

He even laughed about the way the newspaper reporters and photographers who once trumpeted his triumphs seemed to glory in his downfall. He remembered that as he was leaving the old White Plains Federal Courthouse after his plea, a garbage truck blocked the path of his car so that photographers could snap his picture freely and reporters could shout embarrassing questions.

He said he guessed someone had paid off the garbage truck driver.



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Kenneth Gribetz representing Ryan Scott Karben
March 12, 2008
See the Case of Ryan Scott Karben

Ryan Scott Karben and Kenneth Gribetz
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Kenneth Gribetz representing Shaul Spitzer 
October 27, 2011
 
Shaul Spitzer with Kenneth Gribetz
 
Shaul Spitzer of New Square, left, with his attorney Kenneth Gribetz. Spitzer has been indicted on felony charges of trying to set Aron Rottenberg's Truman Avenue house in New Square on fire at 4:15 a.m. May 22, 2008.

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Gribetz & Lowenberg, Attorneys at Law
December 31, 2012
gribetzloewenberg . com


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Ken Gribetz served as Rockland County’s District Attorney for twenty years during which time he personally prosecuted dozens of homicides and other serious crimes. He is a past President of the New York State District Attorney’s Association, previously served as an Assistant District Attorney in New York County, and was employed at the New York City Department of Investigation.

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