Gerald Garson
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Gerald Phillip Garson (August 3, 1932 — February 6, 2016) was an American lawyer and
New York Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
Justice who heard matrimonial divorce and
child custody Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the righ ...
cases in
Brooklyn Brooklyn () is a borough of New York City, coextensive with Kings County, in the U.S. state of New York. Kings County is the most populous county in the State of New York, and the second-most densely populated county in the United States, be ...
.Brick, Michael, "Judge is Called Robed Robber or Just the Victim of a Setup"
, ''The New York Times'', April 18, 2007. Retrieved July 20, 2010.
He was convicted in 2007 of accepting bribes to manipulate the outcomes of divorce proceedings.
, ''The New York Times'', April 20, 2007. Retrieved July 20, 2007.
Garson was imprisoned from June 2007 until December 2009. In the bribery scheme, a "fixer" told people divorcing in Brooklyn that for a price he could steer their case to a sympathetic judge.
''The New York Times'', September 21, 2004, July 20, 2010
After the fixer received a payment, he would refer the person to a lawyer contact of his, who had given Garson drinks, meals, cigars, and cash—accepting (and receiving) preferential treatment in return. The fixer and the lawyer, Paul Siminovsky (a lawyer for children appointed by Garson), would then bribe court employees to override the court's computer system, which was programmed to ensure that cases were assigned to judges randomly. Instead, they would have the case assigned to Garson. Garson, in turn, would then privately coach the lawyer. He would tell him questions the lawyer should ask of witnesses in the case before Garson, and arguments that the lawyer should make to Garson in court. Garson would then rule in favor of the lawyer. Garson was indicted in 2003, on the basis of video surveillance of his judicial chambers, and recordings made on a body wire worn by his "favored" lawyer. At his four-week trial in 2007, he was acquitted on four counts, but found guilty on one count of accepting bribes, and on two lesser charges of receiving rewards for official misconduct. He was sentenced in June 2007 to three to ten years in prison. In December 2009, after 30 months in prison, he was released for good behavior at the age of 77. ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'', commenting on Garson's conviction, observed: "It was news that confirmed every sneaking suspicion, every paranoid fantasy of anyone who had ever felt wronged in a divorce court."Eaton, Leslie, "Aggrieved Parties in Divorce Court Get No Relief in Scandal"
, ''The New York Times'', October 12, 2004. Retrieved July 20, 2010.


Early career

Garson graduated from the
University of Pennsylvania The University of Pennsylvania (also known as Penn or UPenn) is a private research university in Philadelphia. It is the fourth-oldest institution of higher education in the United States and is ranked among the highest-regarded universitie ...
in 1954 and from the
University of Pennsylvania Law School The University of Pennsylvania Carey Law School (also known as Penn Law or Penn Carey Law) is the law school of the University of Pennsylvania, a private research university in Philadelphia, Pennsylvania. It is among the most selective and olde ...
in 1957. He was a U.S. Air Force veteran. In 1962 he founded the law firm Gerber & Garson, on Court Street in Brooklyn, with Howard Gerber.Brick, Michael, "Humbled by Scandal, Judge Begins Prison Term"
, ''The New York Times'', June 29, 2007. Retrieved July 20, 2010.
The politically connected law firm is now known as Gerber & Gerber. In the 1970s and 1980s, Garson and his law firm had a lucrative practice representing owners of taxi fleets, defending taxi drivers and owners in negligence suits. In 1984, Garson was censured by the state Appellate Division for "conferring gifts, gratuities and benefits", by giving an improper gift to a judge with whom he had a "long-standing social relationship". Garson and members of his firm regularly appeared before then- New York Civil Court Judge Frank Vaccaro. In 1972, Garson treated Judge Vaccaro and his wife to a weekend vacation at Kutsher's County Club in the Catskills, and falsely registered the judge under an assumed name; later, he lied about the incident to investigators. Vaccaro, by then a New York State Supreme Court Justice, was suspended without pay for six months. Garson was also Treasurer from the late 1980s until the mid-1990s for a political action committee arm of the Brooklyn Democratic Party, the Brooklyn Democrats. He was appointed by his former law practice colleague, Brooklyn Borough President
Howard Golden Howard Golden (born November 6, 1925) is an American lawyer and Democratic politician who served as the Borough President of Brooklyn from January 3, 1977 to December 31, 2001. He concurrently served as chairman of the Brooklyn Democratic Pa ...
.


Justice of the NY Supreme Court (1998–2003)

In 1997, Garson was placed on the ballot to be a Democratic Party nominee for the position of Justice of the
New York Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
, the highest state court below the appellate level, and the equivalent of
county court A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the high ...
. He was placed on the ballot by Clarence Norman Jr., a long-time
Kings County Kings County or King's County may refer to: Places Canada *Kings County, New Brunswick *Kings County, Nova Scotia *Kings County, Prince Edward Island ** King's County (electoral district), abolished in 1892 Ireland * County Offaly, formerly call ...
Democratic Party leader. Garson then won the 1998 general election. He became a justice of the State Supreme Court, with an annual salary of $136,700. His courtroom was in "Matrimonial Part 5B", in the Municipal Building on Joralemon Street in Brooklyn Heights. In five years as a Justice, Garson handled 1,100 matrimony cases. He made decisions on
child custody Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the righ ...
, and divided families' financial assets. In an anonymous survey of lawyers, he was described as "always well prepared", and as having "excellent settlement skills." In the 2004–05 edition of ''New York Judge Reviews and Court Directory'', Garson received the following comments in anonymous reviews, under the section "Temperament/Demeanor":
Nearly every interviewee complimented Judge Garson's demeanor. 'He's pleasant, and will let you try your case. He's excellent—a real lawyer's judge.' 'He's easy to get along with.' 'He can be pleasant.' 'He's nice and very competent.' Only one lawyer criticized im saying, ' udge Garson istough, and can be aggressive and impatient.'
Garson also received good ratings for his legal knowledge, administration of his courtroom, and handling of trials and settlements. He was rated "approved" by the local
bar association A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence. The word bar is derived from the old English/European custom of using a physical railing to separ ...
. In 2001, he was applauded by feminists for ordering an
Orthodox Jewish Orthodox Judaism is the collective term for the traditionalist and theologically conservative branches of contemporary Judaism. Theologically, it is chiefly defined by regarding the Torah, both Written and Oral, as revealed by God to Moses on M ...
man to pay his ex-wife $500-a-week for life, because the man refused to grant her a religious divorce, or ''
get Get or GET may refer to: * Get (animal), the offspring of an animal * Get (divorce document), in Jewish religious law * GET (HTTP), a type of HTTP request * "Get" (song), by the Groggers * Georgia Time, used in the Republic of Georgia * Get AS, a ...
''.


Indictment, arrest, and related events (2003–07)


Sting operation, indictment, and arrest

In October 2002, Frieda Hanimov, an Israeli émigré nurse, called a hotline at the District Attorney's (DA's) Office. The mother of three, was at the time embroiled in a bitter child-custody dispute that was being heard by Judge Garson. She complained that she had been told that her husband, Yuri Hanimov, had bribed the judge to fix their case, and that he had done so through Nissim Elmann (reputedly a "fixer", who arranged bribes in divorce and custody cases) and Paul Siminovsky (the divorce lawyer whom Garson had appointed as law guardian for her children). The woman had learned this when she herself met with Elmann, seeking to bribe Garson. Elmann told her that she was too late, inasmuch as her husband had already paid a large bribe to receive a favorable ruling. Within days, the DA's Office had her wearing a wire, meeting with and secretly taping Elmann. Garson was subsequently indicted and arrested in April 2003 outside of his
Upper East Side The Upper East Side, sometimes abbreviated UES, is a neighborhood in the borough of Manhattan in New York City, bounded by 96th Street to the north, the East River to the east, 59th Street to the south, and Central Park/Fifth Avenue to the wes ...
apartment. He was charged with having accepted cash and other gifts from Siminovsky, as payment for preferential treatment. The treatment included Judge Garson privately coaching Siminovsky as to what questions he should ask, and what arguments he should use. Garson would then rule in Siminovsky's favor."February 2006 Calendar"
, State of New York Court of Appeals, 2006. Retrieved July 20, 2010.
This violated the rules of judicial conduct, which prohibit a judge from speaking privately with an attorney who has a case pending, without the presence or permission of the opposing attorney. Garson was suspended from the bench without pay on May 22, 2003, by the
Court of Appeals of New York The New York Court of Appeals is the supreme court, highest court in the Judiciary of New York (state), Unified Court System of the New York (state), State of New York. The Court of Appeals consists of seven judges: the Chief Judge of the New Yor ...
. He ultimately resigned and retired.Brick, Michael, "Court Theatrics as Lawyers Duel at Ex-Judge's Trial in Brooklyn"
, ''The New York Times'', April 12, 2007. Retrieved July 20, 2010.
In 2006, he received, but rejected an offer to plead guilty to two minor felonies, in exchange for a 16-month sentence in a local jail. His trial was delayed as he sought treatment for cancer and underwent surgery, and while pre-trial rulings on the charges against him were litigated.


Prosecution of others charged in the scheme

Others charged with felonies linked to the Garson bribery scheme were: Siminovsky (who was ultimately sentenced to only one year in prison, as a result of his cooperation and a plea bargain), the "fixer" (sentenced to 16 months to 5½ years in prison), a court officer (sentenced to 1–4½ years in prison), two of Siminovsky's clients who paid what they understood were bribes (sentenced to three months in prison and 150 hours of community service, and to 210 hours of community service), and a former Garson court clerk (acquitted). Two long-time employees in the main court clerk's office, who were not arrested, were suspended without pay.


Lawyer

Siminovsky, a lawyer who appeared before Garson in divorce cases, was arrested on February 25, 2003.Newman, Andy, "In a Judge’s Corruption Trial, Tapes Reveal Tips to a Lawyer"
, ''The New York Times'', March 23, 2007. Retrieved July 20, 2010.
He had a friendship with Garson going back to 2001 and spent an extraordinary amount of time with him outside of court, taking him out and paying for lunches, dinners, and drinks. In a November 18, 2002, in a recorded telephone conversation, he told Elmann (the "fixer") that he had just spent two hours getting Garson drunk, and that " 'll do what we want." On the morning he was arrested, Siminovsky was taken to the Fort Hamilton army base in Bay Ridge for questioning. He confessed within half an hour, and subsequently confessed to bribery. He made a deal with the investigators, agreeing to cooperate in the investigation of Garson in exchange for a reduced charge (a
plea bargain A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defendan ...
), and the promise of a positive letter from the DA to Siminovsky's sentencing judge.Brick, Michael, "Ex-Lawyer Recalls Dealings with Judge in Bribery Case"
, ''The New York Times'', March 28, 2007. Retrieved July 20, 2010.
Within hours, he was wearing a hidden body microphone in a
sting operation In law enforcement, a sting operation is a deceptive operation designed to catch a person attempting to commit a crime. A typical sting will have an undercover law enforcement officer, detective, or co-operative member of the public play a role a ...
, as he joined Garson for lunch at the Archives Restaurant on Adams Street.Brick, Michael, "Sentencing is Epilogue in Corruption Case"
, ''The New York Times'', June 27, 2007. Retrieved July 20, 2010.
He continued to wear the wire for weeks in meetings with Garson. Siminovsky testified for 13 days at two different trials. and ultimately helped prosecutors win convictions for nine people. Siminovsky, himself, as part of his
plea bargain A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defendan ...
, pleaded guilty to a Class A misdemeanor for having given unlawful gratuities. In June 2007, Acting Supreme Court Justice Jeffrey G. Berry, a visiting judge from
Orange County, New York Orange County is a county located in the U.S. state of New York. As of the 2020 census, the population was 401,310. The county seat is Goshen. This county was first created in 1683 and reorganized with its present boundaries in 1798. Orange ...
, sentenced him to a year in prison, the maximum sentence for the misdemeanor. He also lost his license to practice law, and agreed never to apply for reinstatement.


Bribers

Ezra Zifrani and his daughter Esther Weitzner pleaded guilty in February 2004 to one misdemeanor
conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agree ...
charge. They admitted having given $5,000 to Elmann (the "fixer"), to influence Garson's handling of a custody dispute between Weitzner and her ex-husband involving their five children. They said that Elman "clearly implied" he was going to bribe Garson. They did not know, however, whether the money was actually paid to Garson. Supreme Court Justice Michael Ambrosio ruled in August 2004 that Weizner was an unfit parent for her children, because she paid the bribe. In exchange for their pleas and their cooperation in the investigation, in August 2007 they were each sentenced to 210 hours of community service and three years of probation. Avraham Levi pleaded guilty in June 2004 to having given the "fixer" $10,000 in December 2002, to get his case in front of and obtain favorable treatment from Garson (a Class E felony).Newman, Andy, "Judge’s Coaching of a Lawyer Broke the Rules, Jurors are Told"
, ''The New York Times'', March 21, 2007. Retrieved July 20, 2010.
There was no evidence that the money ever made its way to Garson. Subsequent to the husband's payment to the fixer, Garson awarded him exclusive custody of the couple's two oldest sons. Garson did not have an opportunity to rule on the couple's house, because he was arrested beforehand. In 2005, after the bribery scandal had broken and the case was moved to another judge, 100% of the marital residence was awarded to the wife. For his role in the corruption scandal, Justice Berry sentenced Levi to three months in jail, 150 hours of community service, and five years' probation following his release.


Court officer and court clerk

Louis Salerno (a 24-year-veteran court officer, who had been placed on modified duty) and Paul Sarnell (Garson's former senior court clerk, who had retired in 2002) were tried for allegedly accepting bribes to steer Simonivsky's cases to Garson. Their five-week trial ended in August 2004. Prosecutors charged that Elmann would send potential clients to Siminovsky, who would then in turn enlist Salerno or Sarnell to steer his clients' divorce cases (which were supposed to be assigned randomly) to Garson. Prosecutors said that when Siminovsky needed a case to come before Garson, the defendants would go to an administrative clerk and tell her that Garson wanted the case reassigned to him. According to the prosecutors, the defendants received thousands of dollars in cash, plane tickets, and plastic bags of electronic equipment from Elmann's warehouse for their efforts. Siminovsky testified at their trial. He said that after Salerno demanded $2,000 in order to have a Siminovsky case assigned to Garson, Siminovsky slipped the money into Salerno's pocket as they stood at adjacent urinals in a public courthouse restroom in Brooklyn. The court officer was also videotaped accepting a DVD player and VCRs from the lawyer in front of the Joralemon Street courthouse on March 27, 2003. Salerno was convicted of two felonies, bribe-receiving and receiving a reward for official misconduct, and sentenced in August 2007 to 1–4½ years in prison. Sarnell's counsel maintained that anything improper that Sarnell might have done was done on Garson's orders. Sarnell was acquitted.


"Fixer"

In February 2005, Nissim Elmann, portrayed by prosecutors as a "fixer", pleaded guilty to seven felonies and six misdemeanors. He had been charged with bribery and conspiracy, for accepting bribes in divorce and child custody cases that he steered to Garson. Elmann was a
Crown Heights, Brooklyn Crown Heights is a neighborhood in the central portion of the New York City borough of Brooklyn. Crown Heights is bounded by Washington Avenue to the west, Atlantic Avenue to the north, Ralph Avenue to the east, and Empire Boulevard/East New Yo ...
, wholesale electronics dealer and salesman, with a business named "DVD Trading" on Brooklyn Avenue. He himself had appeared before Garson as a divorce litigant in 2000. He subsequently boasted in the
Orthodox Jewish Orthodox Judaism is the collective term for the traditionalist and theologically conservative branches of contemporary Judaism. Theologically, it is chiefly defined by regarding the Torah, both Written and Oral, as revealed by God to Moses on M ...
community in central Brooklyn, beginning in 2001, that for a price he could help parties in divorce cases make sure their case was heard by a sympathetic judge. Elmann admitted to accepting thousands of dollars of cash (including $24,000 from three divorce litigants), and passing them on to Siminovsky to arrange preferential treatment for litigants in six cases before Garson. Though Elmann had asserted to his potential clients that he had direct contact with Garson (telling one mother, for example: "He will do everything for me. The problem is how much
ill ILL may refer to: * ''I Love Lucy'', a landmark American television sitcom * Illorsuit Heliport (location identifier: ILL), a heliport in Illorsuit, Greenland * Institut Laue–Langevin, an internationally financed scientific facility * Interlibrar ...
you sacrifice?"), evidence later showed that he only had contact with Siminovsky, and he later admitted he did not know the judge. Elmann was sentenced in August 2007 to 16 months−5½ years in prison, with Justice Berry saying "Justice is not for sale". Elmann was denied parole in 2008, and was not eligible to try again until July 2010.


Other ramifications

Fifty motions to reopen divorce cases that had been handled by Garson were received by New York's chief administrative judge for matrimonial cases. Of those, three or four were granted a hearing, and eventually settled. However, even in cases that involved both Garson and Siminovsky, rulings were not necessarily reviewed or overturned. To receive a hearing, parties were required to demonstrate some likelihood that they had not received a fair trial. Criticizing a process that required parties who did not have subpoena powers or wiretaps to prove corruption in each case, the President of the New York State chapter of the National Organization for Women said: "The burden of proof is going to fall on them to show the case is corrupted; and how are they going to do that?" The system of nominating judges was ruled unconstitutional by New York's Second Circuit. However, upon appeal to the Supreme Court that ruling was reversed. https://www.law.cornell.edu/supct/html/06-766.ZO.html Justice Scalia wrote the opinion. Justice Stevens wrote a concurring opinion in which Justice Souter joined, where he quoted Justice Thurgood Marshall in a scathing criticism of New York State's judicial election laws in that "The Constitution does not prohibit legislatures from enacting stupid laws." https://www.law.cornell.edu/supct/html/06-766.ZC.html Prosecutors also complained of a "culture of corruption" in the court's matrimonial section, and Garson's case led to a widespread political and judicial corruption inquiry in Brooklyn. The TV show '' Law and Order'' aired an episode entitled "Floater" on November 12, 2003, relating to a corruption scandal in Brooklyn Supreme Court in which a judge accepted bribes in return for giving litigants preferential treatment. The episode was "ripped from the headlines" of the Garson matter. Correspondent
Lesley Stahl Lesley Rene Stahl (born December 16, 1941) is an American television journalist. She has spent most of her career with CBS News, where she began as a producer in 1971. Since 1991, she has reported for CBS's ''60 Minutes''. She is known for her ne ...
reported the Garson story for CBS's '' 48 Hours'' on February 18, 2005. In addition, Frieda Hanimov was compared to
whistle-blower A whistleblower (also written as whistle-blower or whistle blower) is a person, often an employee, who reveals information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent. Whi ...
Erin Brockovich, and
Warner Brothers Warner Bros. Entertainment Inc. (commonly known as Warner Bros. or abbreviated as WB) is an American Film studio, film and entertainment studio headquartered at the Warner Bros. Studios, Burbank, Warner Bros. Studios complex in Burbank, Califo ...
purchased the rights to a movie entitled ''The Frieda Hanimov Story''.


Democratic Party sting cooperation

When Garson was arrested, he was confronted with surveillance videotapes from a video camera that the DA's Office had installed in his robing room chambers' ceiling pursuant to a December 9, 2002, warrant. After seeing the videotapes, he agreed to wear a
wire Overhead power cabling. The conductor consists of seven strands of steel (centre, high tensile strength), surrounded by four outer layers of aluminium (high conductivity). Sample diameter 40 mm A wire is a flexible strand of metal. Wire is c ...
to secretly tape conversations with Democratic Party leaders. His goal was to gather evidence that a seat on the bench could be purchased by paying cash to the county Democratic Party and to Norman, the Democratic Party leader who had helped place Garson on the bench.Brick, Michael, "Former Brooklyn Officials Surrender for Prison Terms"
, ''The New York Times'', June 6, 2007. Retrieved July 23, 2010.
But he was unsuccessful in his effort to tape Democratic Party officials discussing buying and selling judgeships. Norman was convicted, however, due to information that prosecutors say Garson provided. Norman was sent to prison for extortion, soliciting illegal contributions from a lobbyist, and stealing $5,000 from his re-election committee.


Trial and conviction (2007)

The audience for Garson's four-week trial "included a good number of displeased divorcées", observed ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
''. as well as members of various divorce Advocacy groups including The Alliance to Restore Integrity in Divorce and the National Organization of Women, who daily attended the proceedings. The trial took place in New York State Supreme Court, on Jay Street in Downtown Brooklyn. The prosecution alleged that Garson had an agreement with divorce lawyer Siminovsky whereby the lawyer gave Garson cash, drinks, dinners, and cigars in exchange for courtroom assignments and favored treatment.


Videotapes

The prosecutors entered into evidence secretly taped video surveillance recordings. In a surveillance videotape made on February 5, 2003, of a private meeting in Garson's
chambers Chambers may refer to: Places Canada: *Chambers Township, Ontario United States: *Chambers County, Alabama * Chambers, Arizona, an unincorporated community in Apache County * Chambers, Nebraska * Chambers, West Virginia * Chambers Township, Hol ...
, Siminovsky asked Garson if he would award the couple's home to his client, Avraham Levi. Garson responded: "I'll award him exclusive use". He gave Siminovsky detailed instructions as to how to argue the ''Levi'' divorce case before him. He assured Siminovsky that if he followed Garson's instructions: "The worst possible scenario is a win ... You're in good shape. You're a winner either way. And your schmuck vraham Levidoesn't deserve it." Garson dictated to Siminovsky the exact language the lawyer should use in a memo to Garson. He urged him to charge his client extra for the memo, saying: "I am telling you, charge for it. This is extra; this was not contemplated; the judge made me do it ... Squeeze the guy." Referring to the estranged wife (Sigal Levi), the judge said: "She's fucked." Garson also coached Siminovsky as to how to examine a witness regarding the amount of money the wife had earned from a school she operated. He said:
You'll put him on the stand. You go through, 'In evidence is a record book kept by ba ba boom, there's an average of so many students per month. The book indicates the approximate rate of $350–400 a month per student ... '
Garson coached Siminovsky over lunch on February 25, 2003, as to what to have his client say in a case Garson was hearing. With his conversation captured on an audiotape played at the trial, he advised Siminovsky:
Just have our clientdeny a few things. Like, 'Did she give you money every day to deposit?' 'No.' 'Did she go to the bank every day? She said she went to the bank every day. Is that true?' 'No.' 'Did you ever, ever take any cash?' 'Absolutely not.'
Another recording showed Siminovsky (at this point, part of a sting operation targeting Garson) giving the judge a $250 box of 25 " Romeo y Julieta" Dominican cigars on March 3, 2010. The cigars were supplied to Siminovsky by the DA's Office. An additional recording showed Siminovsky in the judge's robing room on March 10, 2003. He handed Garson an envelope containing a $1,000 cash "referral fee". The cash had been supplied to Siminovsky by the DA's Office, as part of the sting operation. Garson initially refused to accept the money. He then tried to return it, suggesting that Siminovsky contribute it to Garson's wife's judicial campaign instead. But Siminovsky threw the money back on the judge's desk, saying he would make a campaign contribution as well, but telling the judge to keep the cash. Garson picked up the money, and tried to hand it to Siminovsky once again, saying "I appreciate it. No, no, no ... No." But then, sighing, he put the money in his desk drawer. Siminovsky was instructed by the DA to duck Garson's repeated calls that day and the next, anticipating Garson's attempts to return the money. When Garson was arrested a few days later on his way to work, the envelope containing the sting money was in his pocket. The box of cigars, purchased by the DA's office as part of the sting operation, had been placed in Garson's desk drawer in his robing room by Siminovsky, where they remained unopened and untouched until months later when the DA asked Garson's attorney to retrieve them. The explanation for this was not revealed in court. In another videotaped exchange, they improperly discussed the outcome of a divorce case the lawyer had pending before the judge. Garson assured Siminovsky, saying: "You know what? Justice is being done." This was in a case where Garson is heard saying that neither parent was a suitable guardian but that he had no choice. Garson is heard lamenting that Siminovsky's client doesn't deserve it but that the other side didn't have a winning legal position about the shared home. Garson had found that the other side had lied about finances and operation of a daycare center and who had actually paid for the house the family lived in. Segal Levy was a friend of Haminov and had been told about the sting and coached about what to say in court.


Other evidence

In addition, prosecutors provided financial records as evidence, as well as testimony from Siminovsky. Siminovsky testified that he entertained the judge with lunches, dinners, and drinks, nearly always paying the bill, and gave him money and cigars, in exchange for favorable treatment and 3 more legal assignments than the next highest number of assignments to a lawyer. Siminovsky co-chaired the committee that evaluated and approved attorneys to represent children. The prosecution alleged that before Siminovsky began cooperating with prosecutors, he had already entertained Garson more than 40 times, spending $3,149. The lead prosecutor said that he had asked Garson: "Why did you do this with Siminovsky? Why did you take care of him?" And that Garson had replied: "I like him. And he kind of reminded me of myself."


Conviction

Garson was convicted in April 2007 of bribery in the third degree, a Class D felony, in violation of
New York Penal Law The ''Consolidated Laws of the State of New York'' are the codification of the permanent laws of a general nature of New York enacted by the New York State Legislature. It is composed of several chapters, or laws. New York uses a system called " ...
§ 200.10. The jury found that he had accepted thousands of dollars in drinks and meals from Siminovsky in exchange for improperly giving the lawyer advice in a case Siminovsky had before Garson, as well as court-assigned appointments and free access to Garson and "showing Siminovsky more courtesy than he did many other lawyers". Garson was never accused of "fixing" cases. Garson was also convicted of two lesser charges, relating to his accepting a box of cigars and $1,000 in cash from Siminovsky for having referred two clients. The charges were for receiving a reward for official misconduct in the second degree (a class E felony; the lowest under New York law, in violation of
New York Penal Law The ''Consolidated Laws of the State of New York'' are the codification of the permanent laws of a general nature of New York enacted by the New York State Legislature. It is composed of several chapters, or laws. New York uses a system called " ...
§ 200.25). The jury acquitted him on four other counts of receiving rewards for official misconduct in the second degree. Additionally, Garson was automatically disbarred as an attorney as a result of his felony convictions.


Sentencing, prison, and release (2007–09)

On June 5, 2007, Justice Berry imposed three consecutive sentences on Garson, which resulted in an aggregate sentence of between 3.5 and 10 years in prison.''People v. Garson'', "Decision & Order"
,
Supreme Court of the State of New York The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
, Appellate Division, Second Department, January 5, 2010. Retrieved July 20, 2010.
Garson cried in court, and said he was "profoundly sorry" for his actions. His lawyers pleaded for leniency on the basis of his reported
alcoholism Alcoholism is, broadly, any drinking of alcohol (drug), alcohol that results in significant Mental health, mental or physical health problems. Because there is disagreement on the definition of the word ''alcoholism'', it is not a recognize ...
,
bladder cancer Bladder cancer is any of several types of cancer arising from the tissues of the urinary bladder. Symptoms include blood in the urine, pain with urination, and low back pain. It is caused when epithelial cells that line the bladder become mali ...
, and other medical conditions. Berry rejected Garson's pleas for leniency, saying:
You should have been beyond reproach. The people of Brooklyn deserve more from you. You are not some bum. You're an intelligent man. You went to Penn, and Penn Law School.
His lawyer tried to delay his sentence on account of Garson's granddaughter's death, and so he could care for his mentally disabled grown son. He entered an alcohol detoxification program for six days, after which on June 28, 2007, he surrendered at State Supreme Court in Brooklyn to begin serving his sentence. Until May 2009, he was isolated in
protective custody Protective custody (PC) is a type of imprisonment (or care) to protect a person from harm, either from outside sources or other prisoners. Many prison administrators believe the level of violence, or the underlying threat of violence within pri ...
at the
Mid-State Correctional Facility Mid-State Correctional Facility is located in the Town of Marcy, between the cities of Rome and Utica in New York State. From about 1912 through 1982 the state ran a state asylum on these grounds. That institution would grow to hold 3,000 pa ...
in Marcy, New York, 180 miles from New York City. From then on, he was in the general population at the
Mid-Orange Correctional Facility Mid-Orange Correctional Facility was an all-male, medium security prison located in the town of Warwick, New York. It closed in 2011. This facility was involved in a controversial case in which a correctional officer, Christopher Nuttall, started ...
in
Warwick, New York Warwick is a town in the southwestern part of Orange County, New York, United States. Its population was 32,027 at the 2020 census. The town contains three villages (Florida, Greenwood Lake, and Warwick) and eight hamlets ( Amity, Bellvale, Ed ...
, 60 miles from New York City. Garson was granted an early release from prison, obtaining parole six months before the term of his minimum sentence had run. He was granted parole in his first appearance before the New York State Parole Board, over the DA's Office's strong opposition, and released from a Harlem halfway house on December 23, 2009. He was released early as a result of his completion of a
substance abuse Substance abuse, also known as drug abuse, is the use of a drug in amounts or by methods which are harmful to the individual or others. It is a form of substance-related disorder. Differing definitions of drug abuse are used in public health, ...
program, and good behavior. Conditions of his release included that through June 2017 he abide by curfews set by his
probation officer A probation and parole officer is an official appointed or sworn to investigate, report on, and supervise the conduct of convicted offenders on probation or those released from incarceration to community supervision such as parole. Most probati ...
, not associate with any law firms, not drink alcohol, and at the discretion of his parole officer attend an
alcohol abuse Alcohol abuse encompasses a spectrum of unhealthy alcohol drinking behaviors, ranging from binge drinking to alcohol dependence, in extreme cases resulting in health problems for individuals and large scale social problems such as alcohol-relat ...
treatment program and submit to substance abuse testing. A spokesperson for the Parole Board said it was relatively rare for a non-violent felon to receive parole the first time he appeared before the board, as only 21% did so in 2008. If he had been denied parole, he would have had to wait an additional two years before he could re-apply. Garson had also appealed his conviction. But his appeal was denied on January 5, 2010, by the Supreme Court of the State of New York Appellate Division, Second Judicial Department. It opined that the evidence of his guilt was "overwhelming".


Family

Garson's second wife was Robin Garson. A
Brooklyn Law School Brooklyn Law School (BLS) is a private law school in New York City. Founded in 1901, it has approximately 1,100 students. Brooklyn Law School's faculty includes 60 full-time faculty, 15 emeriti faculty, and a number of adjunct faculty. Brookly ...
graduate, and an election lawyer for the Kings County Democratic Committee (helping eliminate party opponents from the ballot and was a member of the legal team representing DA Hynes in 2001.) and chaired or was a member of several state and local bar committees. In 2002, having been nominated by the Democratic Party for a judgeship on the Brooklyn Civil Court (a level below New York Supreme Court), she won her election and became a judge on the court, and was reelected in 2012. In 2011, she was appointed by NY's Chief Administrative Judge to serve as an Acting Justice of the Supreme Court of the State of NY. Garson and his wife were married for more than two decades. Garson had four children, and a number of grandchildren.


References


External links

*, February 5, 2003
"In the Matter of the consideration of the suspension of Hon. Gerald P. Garson from the office of Justice of the Supreme Court of the State of NY, Second Judicial District, pursuant to NY State Constitution, Article 6, § 22 and Judiciary Law § 44, subd. 8"
New York Court of Appeals The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by t ...
, 2003 NY Int. 68, May 22, 2003
"Felony Complaint"
''New York v. Garson'', Criminal Court of the City of NY, County of Kings, April 23, 2004
"Opinion"
''People v Garson'', Supreme Court of the State of NY, Kings County, 2004 NY Slip Op 24139, 4 Misc 3d 258, April 29, 2004
"In the Matter of the consideration of the suspension of Hon. Michael J. Garson from the office of Justice of the Supreme Court of the State of NY, Second Judicial District, pursuant to NY State Constitution, Article 6, § 22 and Judiciary Law § 44, subd. 8"
New York Court of Appeals The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by t ...
, 2005 NY Int. 80, May 20, 2005
"Opinion"
, ''New York v Garson'', Supreme Court of the State of NY, Appellate Division, Second Department, 17 A.D.3d 695, April 25, 2005
"Opinion"
''New York v. Garson'',
New York Court of Appeals The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by t ...
, March 30, 2006
"Decision & Order on Motion"
''People v Garson'', NY Appellate Division, Second Department, 2007 NY Slip Opinion 72105(U), June 20, 2007

''In the Matter of Gerald Phillip Garson, an Attorney, Respondent, Grievance Committee for the 2nd and 11th Judicial Districts, Petitioner'', NY Appellate Division, Second Department, 2007 NY Slip Op 9227, 47 AD3d 148, November 20, 2007

Supreme Court of the State of NY, Albany County, NY, 2008 NY Slip Op 28316, 21 Misc 3d 373, August 8, 2008

''People v Garson'', NY Appellate Division, Second Department, 2010 NY Slip Op 171, 69 AD3d 650, January 5, 2010
"Prosecuting Judges for Ethical Violations: Are Criminal Sanctions Constitutional and Prudent, or do they Constitute a Threat to Judicial Independence?
Abramovsky, Abraham; Edelstein, Jonathan I., 33 ''Fordham Urb. L.J.'' 727 (2005–06) {{DEFAULTSORT:Garson, Gerald 1932 births 2016 deaths University of Pennsylvania Law School alumni New York Supreme Court Justices New York (state) lawyers American people convicted of bribery Prisoners and detainees of New York (state) United States Air Force airmen New York (state) Democrats Lawyers from New York City New York (state) politicians convicted of crimes