New York Legal Update brings us Matter of Fischetti v Scherer, 2007 NY Slip Op 06174. If the names of the parties sound familiar, that would be New York criminal defense lawyer Ron Fischetti, one of the best in town, and Manhattan Supreme Court Administrative Judge, Micki Scherer. No, they’re not getting divorced.
Ron Fischetti represents a Broadway actor accused of engaging in “groping” and “oral” sex with a 15 year old girl. The day before this famous actor’s arraignment, DANY put out a press release to their favorite tabloids, the Post and the News calling for witnesses who may also have been molested by this actor. No, Mike Nifong hasn’t gone to work for Morgy, and this isn’t Duke. What? You thought they would learn something?
Ron Fischetti, however, decided to turn the tables and put out a call for witnesses about the young woman, seeking people who could testify that her credibility is, uh, suspect. Oh, the district attorney’s office was not amused. It might be just fine for them to play that game, but they only named a horrible vicious criminal who simply had yet to be convicted and sentence to life in prison.
Fischetti, on the other hand, demonstrated that he was every bit their match when it came to representing his client. And for his efforts, he took it on the chin. First a gag order, then an appeal to the Appellate Division, First Department.
The Court, by Justice David Saxe, upheld the gag order, pontificating about the rights of the defendant (such as the silly 6th Amendment right to effective assistance of counsel, not to mention that 1st Amendment right of free speech) must give way to the right of the victim to privacy, rape-shield laws and the important governmental interest in having victims come forward with fear that their identities might be exposed.
On the plus side, the Court noted that the gag order was limited: It only prohibited Fischetti from using the girl’s name, not otherwise investigating. So the court thinks the headline should read: “Is She Who Must Not Be Named A Liar?”
Kudos to Ron Fischetti for standing up and doing what he had to do to represent his client. This is how a criminal defense lawyer is supposed to be.
Ron Fischetti represents a Broadway actor accused of engaging in “groping” and “oral” sex with a 15 year old girl. The day before this famous actor’s arraignment, DANY put out a press release to their favorite tabloids, the Post and the News calling for witnesses who may also have been molested by this actor. No, Mike Nifong hasn’t gone to work for Morgy, and this isn’t Duke. What? You thought they would learn something?
Ron Fischetti, however, decided to turn the tables and put out a call for witnesses about the young woman, seeking people who could testify that her credibility is, uh, suspect. Oh, the district attorney’s office was not amused. It might be just fine for them to play that game, but they only named a horrible vicious criminal who simply had yet to be convicted and sentence to life in prison.
Fischetti, on the other hand, demonstrated that he was every bit their match when it came to representing his client. And for his efforts, he took it on the chin. First a gag order, then an appeal to the Appellate Division, First Department.
The Court, by Justice David Saxe, upheld the gag order, pontificating about the rights of the defendant (such as the silly 6th Amendment right to effective assistance of counsel, not to mention that 1st Amendment right of free speech) must give way to the right of the victim to privacy, rape-shield laws and the important governmental interest in having victims come forward with fear that their identities might be exposed.
On the plus side, the Court noted that the gag order was limited: It only prohibited Fischetti from using the girl’s name, not otherwise investigating. So the court thinks the headline should read: “Is She Who Must Not Be Named A Liar?”
Kudos to Ron Fischetti for standing up and doing what he had to do to represent his client. This is how a criminal defense lawyer is supposed to be.
Discover more from Simple Justice
Subscribe to get the latest posts sent to your email.