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Violence In Judge’s Chambers During Florida Divorce

Kathleen Scott-Gonzalez appeared in court for a hearing on her divorce in Plantation, Florida. She expected this to be the final day of the trial on her divorce case. What she didn’t anticipate was that she would be beaten up by her husband in the judge’s chambers and end up with a broken nose and fractured jaw!

Kathleen and her husband Paul Gonzalez were in Judge Rothschild’s chambers. A hearing was underway concerning the issue of child support. Paul Gonzalez was acting as his own attorney. Both Paul Gonzalez and his wife Kathleen are ex marines.

Child Support

Judge Rothschild was talking about child support. At that time Paul Gonzalez stood up and left the room. Judge Rothschild invited both litigants into his chambers to discuss the matter. When Paul Gonzalez entered Judge Rothschild’s chambers, he started punching his wife. He was behind her and started punching her in the back of her head. Unfortunately, there was no court officer in the room to prevent the assault. Both Judge Rothschild and Kathleen Gonzalez’s lawyer helped stop the beating. Eventually court officers came in to the room and subdued Mr. Gonzalez.

Paul Gonzalez has been charged with felony battery and resisting arrest. He is currently spending his time in the Brownwood County jail. His bail has been set at one million dollars.

Kathleen Gonzalez advises men and women if they are afraid their spouse, even in a court setting, they should ask the court for additional security. Kathleen Gonzalez thought she was safe in court. In the case of her divorce, she wasn’t!

Father’s Rights Lawyer

Fathers should never represent themselves in a divorce. They should have knowledgeable father’s rights lawyers by their side at all times during matrimonial or family court proceedings.

The attorneys at the father’s rights Law Offices of Schlissel DeCorpo have extensive experience in dealing with issues involving paternity, child custody, orders of protection, child visitation and child support. We represent fathers wrongly accused of child abuse and child neglect by CPS and ACS. We deal with the attorneys for the child also in these proceedings. When fathers are downsized or lose their jobs, we bring applications to reduce their child support.

Our law office has extensive experience in dealing with parental relocation problems (when one parent moves), grandparent’s rights and equitable distribution of assets in a divorce. Our attorneys represent men in the Supreme Courts and Family Courts of Nassau County, Queens County, Kings County and throughout the rest of the Metropolitan New York area. Call for a free consultation.

Kathleen Scott-Gonzalez appeared in court for a hearing on her divorce in Plantation, Florida. She expected this to be the final day of the trial on her divorce case. What she didn’t anticipate was that she would be beaten up by her husband in the judge’s chambers and end up with a broken nose and fractured jaw!

Kathleen and her husband Paul Gonzalez were in Judge Rothschild’s chambers. A hearing was underway concerning the issue of child support. Paul Gonzalez was acting as his own attorney. Both Paul Gonzalez and his wife Kathleen are ex marines.

Child Support

Judge Rothschild was talking about child support. At that time Paul Gonzalez stood up and left the room. Judge Rothschild invited both litigants into his chambers to discuss the matter. When Paul Gonzalez entered Judge Rothschild’s chambers, he started punching his wife. He was behind her and started punching her in the back of her head. Unfortunately, there was no court officer in the room to prevent the assault. Both Judge Rothschild and Kathleen Gonzalez’s lawyer helped stop the beating. Eventually court officers came in to the room and subdued Mr. Gonzalez.

Paul Gonzalez has been charged with felony battery and resisting arrest. He is currently spending his time in the Brownwood County jail. His bail has been set at one million dollars.

Kathleen Gonzalez advises men and women if they are afraid their spouse, even in a court setting, they should ask the court for additional security. Kathleen Gonzalez thought she was safe in court. In the case of her divorce, she wasn’t!

Father’s Rights Lawyer

Fathers should never represent themselves in a divorce. They should have knowledgeable father’s rights lawyers by their side at all times during matrimonial or family court proceedings.

The attorneys at the father’s rights Law Offices of Schlissel DeCorpo have extensive experience in dealing with issues involving paternity, child custody, orders of protection, child visitation and child support. We represent fathers wrongly accused of child abuse and child neglect by CPS and ACS. We deal with the attorneys for the child also in these proceedings. When fathers are downsized or lose their jobs, we bring applications to reduce their child support.

Our law office has extensive experience in dealing with parental relocation problems (when one parent moves), grandparent’s rights and equitable distribution of assets in a divorce. Our attorneys represent men in the Supreme Courts and Family Courts of Nassau County, Queens County, Kings County and throughout the rest of the Metropolitan New York area. Call for a free consultation.

Nassau County’s Continuing Crime Lab Problems

crime1-150x150 The United States Supreme Court recently ruled that laboratory technicians  will have to testify regarding lab tests for such tests to be accepted into  evidence. This will create significant problems for the Nassau County  District Attorney’s Office.

Nassau County Crime Lab Closed Since February

In February of 2011, the Nassau County Crime Lab was closed. This action was taken after the crime lab lost it’s certification for drug testing. Nassau County is now in the process of re-testing thousands of samples taken regarding drug cases. All of the testing is currently being undertaken by a crime laboratory located in Pennsylvania. It is estimated that this is costing Nassau County in excess of $100,000 per month.

Presenting Laboratory Evidence

The Supreme Court decision will require Nassau County to bring the crime laboratory technicians from Pennsylvania to testify with regard to the tests they conducted concerning evidence obtained by police in drug related cases. The United States Supreme Court case requires the actual lab technician who conducted the test to testify on the procedures utilized in the analysis of the drug material. The court ruling does not allow for supervisors or other employees to testify instead of the technician that conducted the tests.

Criminal Defense Lawyers

Criminal defense lawyers throughout the country have taken the position that this removes the unfairness from the submission of laboratory tests by prosecutors without calling the lab technicians to testify regarding their procedures. This gives criminal defense lawyers an opportunity to cross examine the laboratory employees with regard to how they handle the evidence sample and the tests and procedures undertaken by them.

Long Island and New York City Criminal Defense

The Law Offices of Schlissel DeCorpo represents individuals charged with crimes or who are being investigated for crimes. We are experienced in representing individuals charged with computer and internet crimesviolent crimes, white collar crimessex crimes, weapons possession, driving while intoxicated (DWI)shopliftingburglaryjuvenile offensesassault and batterydomestic violencedrug offenses and all other types of misdemeanors and felonies. Feel free to contact us for a free consultation.

Drug Treatment Programs for Prisoners

criminal1-150x150There are approximately 60,000 inmates in New York state prisons that require drug treatment or drug counseling. If given drug treatment or drug counseling, these men and women will have a greater opportunity to live drug free when they are released from prison.

The New York State Department of Corrections recently conducted a three year study of drug treatment and alcohol treatment programs available to prisoners in New York State. The results of the study were that New York prisons are providing no treatment, or extremely poor treatment, to the 60,000 prisoners in the system who need these services.

Drug and Alcohol Deficiencies

The New York state prison system does not screen prisoners based on their drug and alcohol problems. Some prisoners need intensive programs, while others need less intensive programs. There is no way to ascertain this information. This causes a waste of valuable resources.

Overcoming Drug and Alcohol Problems

In addition to the screening for the severity of drug or alcohol abuse, the prisoners must also be screened as to their level of motivation to help themselves deal with these issues. Overcoming drug and alcohol addictions requires motivated individuals. When prisoners finish their sentences, there should be follow up treatment programs in their local communities. This will help prevent recidivism. It is much less expensive to treat an individual for alcohol or drug addiction than to house him or her in prison at the taxpayers expense.

The treatment programs should be based on a three phased system. Programs should start with the six month residential treatment program. During the course of this program, the prisoner should live in separate dorm facilities than the general population. Thereafter, they should be integrated into the general population of the prison. After being released from prison, there should be follow up treatment programs.

Alcohol and drug addiction are society’s problems. Warehousing individuals who suffer from these addictions is much more expensive then treating them.

Criminal Attorneys

Our office provides aggressive legal representation for individuals charged with the following criminal offenses: drug offenses; domestic violence; misdemeanors; felonies; assault and battery; juvenile defense; shoplifting; burglary; driving while intoxicated (DWI); weapons possession; sex crimes; white collar crimes and violent crimes. In addition, we assist our clients in obtaining bail and in dealing with traffic tickets. Contact us for a free consultation.

The Hamster Killer

criminal-150x1503

Monique Smith was recently arrested at her home in Bushwick. The arrest was conducted by law enforcement officers of the American Society for the Prevention of Cruelty to Animals. The criminal charges against Ms. Smith are that she killed the family’s hamster and threw it violently against a wall. Theresa Smith’s mother had stated she watched her daughter kill the hamster in cold blood. She stated that Theresa “took Sweetie (the hamster) out of the cage and slammed the hamster on the floor.” The impact with the floor killed the hamster.

Criminal Charge: Aggravated Cruelty to Animals

Monique was charged with aggravated cruelty to an animal. This is a felony charge that carries with it a sentence of up to two years in jail. She accused her older brother of causing her to kill Sweetie. However, she did state, “if I saw a hamster in this filthy place, I’d kill it.”

The spokesperson for the ASPCA stated “their organization’s investigation was thorough and it was corroborated by eyewitnesses.” Monique’s family have changed their mind about putting her in jail for up to two years. They are no longer supporting the story of her murdering the hamster. The hamster murderer will go free! The Brooklyn District Attorneys office doesn’t have the stomach to prosecute her for this crime!

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New York Criminal Defense Lawyers

Our office represents individuals charged with various criminal offenses including, but not limited to, violent crimes, white collar crimes, sex crimes, weapons possession, drunk driving (DWI), shoplifting, burglary, juvenile defenses, assault and battery, felonies, misdemeanors, domestic violence and drug offenses. We also assist our clients with traffic tickets and arranging for bail. Call us our phones are monitored 24/7.

Nassau County, New York’s Crime Lab is an Embarassment!

crime1There have been recent disclosures with regard to the numerous problems faced by the Nassau County Police Crime Laboratory. Nassau County faces the potential that numerous individuals were convicted based on erroneous findings of the Nassau County Crime Laboratory. There is the potential for many lawsuits related to the poor quality of the testing work performed by the Nassau County Crime Laboratory.

History of Problems

Crime Laboratories

The police and the district attorneys’ offices rely on crime laboratories to process data related to drugs and other compounds seized by the police. When the crime laboratory’s integrity is challenged, it undermines the credibility of the entire law enforcement system.
Bad lab results can result in improper convictions. Individuals can be convicted of crimes they did not commit. Forensic evidence which includes blood samples, fingerprints and hair analysis is necessary for the investigation and prosecution of criminal cases.

There have been many failures regarding the crime laboratory in Nassau County. Television viewers throughout the United States are familiar with the excellent work that can be accomplished by well-organized, sophisticated forensic investigations of a crime. The CSI television programs are largely responsible for educating the American public regarding these matters.

Presumption of Innocence

Approximately four years ago the Crime Laboratory was placed on probation by the American Society of Crime Laboratory directors. They took this action due to the poor quality of the analysis of drugs taken from criminals by the police. In 2010, the New York State Commission on Forensic Science conducted an inspection of the Nassau County Police laboratory. This resulted on the laboratory being placed on probation a second time. In February of 2011, all testing on narcotics in the laboratory ceased.
Individuals charged with crimes are presumed innocent until proven guilty in a court of law. Individuals charged with crimes are entitled to due process. This amounts to a fair and impartial legal system. There can be no due process when the police and prosecutors are relying on faulty, inaccurate, erroneous laboratory results caused by a flawed poorly run crime laboratory.

Criminal Defense Lawyers

If you are charged with a crime, the Law Offices of Schlissel DeCorpo can provide you with aggressive legal representation. We experienced in representing individuals charged with drug offenses, domestic violence, assault and battery, juvenile defenses, driving while intoxicated (DWI), weapons possession, sex crimes, white collar crimes, violent crimes and other misdemeanors and felonies. We can assist you and help you save your license if you’re charged with traffic tickets. Feel free to call Elliot S. Schlissel, Esq. at 516-561-6645, 718-350-2802 or 1-800-344-6431. Our phones are monitored 24/7.

With the Victim Not Cooperating Assault Trial Proceeds

In April of 2010, Louis Calixto, a woman was violently attacked in the East Village. He beat her so savagely the blows could be heard over the noise on the city street. The woman was beaten so severely that she refused to testify. She was afraid that her testimony would lead to another beating. Mr. Calixto’s attorney brought an application to dismiss the charge of assault in the 3rd degree pending against him. He claimed in his application that the prosecutor could not establish “physical injury” based solely on the testimony of eye-witnesses to this horrible event.

The judge sitting on the case, Manhattan Criminal Court Judge Michael J. Wyvinsky, ruled against Mr. Calixto’s application. The judge stated “while the most direct and strongest allegation about any physical injury suffered by a victim would typically come from the victim herself, there is an objective line above which one can reasonably infer the requisite level of physical injury based on the specific allegations regarding the nature of the assault itself.”

The judge also stated in his decision “what is alleged in this case is a vicious and violent attack, not petty slaps. That attack was brutally loud. It resulted in discoloration of the victim’s face where she had been attacked and it caused the victim to both cry out while she was attacked and remained lying on the ground once it was over.”

The judge further stated “that the witness to the incident observed Mr. Calixto strike a female in the head 2 times with a closed fist and that she could hear the sound of the closed fist hitting the victim’s skull.” This case is now scheduled for trial. Hopefully, this vicious assault will result in the conviction of the alleged perpetrator!!

Criminal Defense

The criminal defense lawyers of the Law Offices of Schlissel DeCorpo represent individuals charged with assault, battery, sexual offenses, white collar crimes, driving while intoxicated and shop lifting. Should you be the subject of a police investigation or be arrested and charged with a misdemeanor or felony, call us, we can help you. Our phone numbers are 1-800-344-6431; 516-561-6645 or 718-350-2802.

Violent Assault on Priest Related to Sexual Abuse

priests-150x150Approximately thirty-five years ago, William Lynch and his brother were sexually abused by a Jesuit priest. During the past thirty-five years, he has dealt with issues involving depression, nightmares and suicide. He had lived with anger and pain for more than three decades.

A Priest Rapes And Molests Five and Seven-year-olds

William was five-years-old and his brother was seven when they were raped and forced to have oral sex with each other by Father Lindner. Father Lindner, a Jesuit priest, forced them to do these sexual acts, then watched them for his own amusement.

Father Linder, now sixty-five years of age, has been accused by a dozen people of sexual abuse. Among those he abused were his sister, nieces and nephews.

Payment of $625,000 in Damages in 1998

In 1998, Mr. Lynch and his brother settled a lawsuit brought for sexual abuse against Father Lindner and the Jesuit Roman Catholic Order. They received a $625,000 settlement related to Father Lindner abusing them in 1975 during a weekend camping trip in the Santa Cruz Mountains.

Father Lindner has also been named in two additional lawsuits involving sexual abuse. These cases involved in a $660 million dollar settlement struck between the Catholic Church and approximately 550 sexually-abused individuals in 2007.

Anger Boils Over

Mr. Lynch let his anger and depression get to him in May of 2010. On May 2010, Mr. Lynch drove himself to the Jesuit Sacred Heart retirement home in Los Gatos, California. He confronted Father Lindner. He brutally beat him on the face and body.

Mr. Linder was charged with criminal assault. His attorney has plead not guilty and the case is currently pending. Mr. Lynch said “I wanted to exorcise all of the rage and anger and bitterness he put into me. You can’t put into words what this guy did to me. He stole my innocence and destroyed my life”.

I question whether any jury will find Mr. Lynch guilty of taking his revenge for the insidious, incredible and outrageous actions of Father Linder.

About Our Law Firm

The Law Offices of Schlissel DeCorpo is a full-service law firm. We have a staff of five lawyers and an equally dedicated support staff to assist us in representing individuals. We handle all types of criminal cases. We represent individuals charged with drug offenses, domestic violence, assault and battery, juvenile defenses, shoplifting, burglary, driving while intoxicated, weapons possession and other types of misdemeanors and felonies.

We represent individuals charged in sex crimes, white collar crimes, violent crimes and we also can handle traffic tickets. We assist our clients by making bail arrangements to have them released from jail. Should you and friend or family member be charged with criminal matter feel free to contact us at 1-800-344-6431, 718-350-2802 or 516-561-6645.

We are aggressive and experienced criminal defense lawyers.

Gang Colors Not Enough To Search Car

searchA district court judge in Nassau County threw out a search of a car due to the fact that the reason the police officers gave for searching the car could not be substantiated. The occupants in the car were charged with weapons possession (which includes charges for violent crimes, both felonies and misdemeanors)

At the time, the officers testified that they were patrolling “hot spots” which were known for narcotic sales and gang activity. While on this patrol, they noticed four males walking down the street. The officers though the males clothing represented gang colors. The four males went into a car.

The officers approached the car and shined their flashlights into the passenger compartment. One of the officers observed what he says was “the butt end of a knife”. The officers proceeded to have the men leave the vehicle and thereafter the vehicle was searched. The search turned up a gravity knife (similar to a switchblade).

The court ruled that the officers failed to state a credible objective reason for approaching the defendants. The judge found that the testimony concerning “gang colors” was not credible. The court concluded that the evidence acquired pursuant to the search should be deemed inadmissible and thrown out. The misdemeanor and felony charges against the defendants for weapons possession were dismissed.

Our law office represents individuals charged with drug offenses, assault and battery, shoplifting, burglary, DWI and domestic violence. Call us if you have a criminal problem at 1-800-344-6431, or by email.

Can Serena Williams’ Line Judge Sue Her for Assault?

At the U.S. Open, on September 14th, at the Arthur Ashe Stadium in Queens, NY, Serena Williams may have committed the tort of “assault” against one of the line judges at the tournament. In her semi-final match against Kim Clijsters, a line judge called a “foot foul” against Ms. Williams. Incensed, Ms. Williams approached the line judge with her racquet out and screamed, “If I could, I would take this … ball and shove it down your … throat.” The line judge also stated that Ms. Williams threatened to kill her, which she denied.

Notwithstanding the alleged “death threat,” Serena’s threat of physical violence did take place in New York. So whether the line judge would have a civil tort case against Ms. Williams would be governed by New York law. “Assault,” in New York, consists of:

  1. an intentional attempt,
  2. displayed by violence or threatening gesture
  3. to do injury to, or commit a battery upon,
  4. the person of another.

Clayton v. Keeler, 42 N.Y.S. 1051, 1053 (N.Y. Sup. Ct. 1896) (stating that “assault” is “to offer with force and violence to do hurt to another… holding up a fist in a threatening attitude, sufficiently near to be able to strike; advancing with a hand uplifted in a threatening manner, with intent to strike, although the person is stopped before he gets near enough to carry the intention into effect.”).  Pope v. State, 79 N.Y.S.2d 466, 471 (N.Y. Ct. Cl. 1948), aff’d, 99 N.Y.S.2d 1019 (4th Dep’t 1950).

Contrary to the common use of the word “assault,” as a civil tort, assault is merely the visual or auditory threat by one person to do something violent to another person. But assault is not merely an idle threat. It must be some threatening physical act or words done by one person, who is actually capable of doing the threatened physical harm, to another person. For instance, before one commits the tort of assault by actually punching someone in the face, the act of drawing back one’s fist before the punch is thrown, constitutes “assault.” Whereas the actual contact of the fist with the victim’s nose is the tort of “battery.”  6A N.Y. Jur. 2d Assault § 4 .

Furthermore, the fact that assault must be an “intentional attempt” means that the person doing the threatening must actually intend to make physical contactwith the one who is threatened. 6A N.Y. Jur. 2d Assault § 5.

While Ms. Williams “displayed by violence or threatening gesture” a threat “to do injury to, or commit a battery upon, the person of another,” that is not enough. For the line judge to have a civil case against Ms. Williams for the civil tort of “assault,” the threat must indicate “an intentional attempt.” In other words, it must have been reasonable in the circumstances for the line judge to have felt that Ms. Williams actually would have carried out her threat had it not been for the involvement of the other officials who intervened (see minute marker 1:20-2:40 in the video above).

There are probably arguments that could legitimately be made on both sides of this issue. The fact that she approached the line judge aggressively, verbally threatened her with violent acts, and that her approach caused the line judge to run away from her in fear all indicate that her threats were serious enough that she would have actually carried them out had the line judge not fled and the two other officials not approached. This would not be the first case of a frustrated athlete carrying out some violent act.

On the other hand, it could have appeared that Ms. Williams’ threats were merely her way of expressing her frustration at the call, but that she had no intention of actually carrying them out, even momentarily. The issue could be rationally argued either way and would likely be the primary focus of an “assault” litigation were the line judge to decide to sue Ms. Williams.

If you need help with any sort of personal injury matter, whether it be for assault and battery or any other tort, please do not hesitate to contact our office by either e-mailing us or calling 800-344-6431.

Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick, Bellmore

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