http://www.law.com/jsp/article.jsp?id=1181034333544
Ex-Judge Gets 3 to 10 Years for Bribery, Taking Favors

By Daniel Wise

June 6, 2007, New York Law Journal (USA)---Former Brooklyn Justice Gerald P. Garson was sentenced Tuesday to 3 to 10 years in prison for bribery and receiving rewards of official misconduct.

At the end of a proceeding that lasted more than two hours, Garson, 74, was led out of the courtroom in handcuffs. But before the day was out, 2nd Department Justice Edward D. Carni had issued a temporary stay keeping Garson on $15,000 bail until a full panel can hear his request for a stay pending appeal on June 12.

Acting Supreme Court Justice Jeffrey A. Berry told a crowded courtroom that he himself, as well as his colleagues on the bench, have "to bear the stigma of what you did" -- create the perception that "justice could be bought" in Brooklyn. Before pronouncing the sentence, Berry heard a divorce litigant, Sigal Levi, whose case was at the heart of the bribery case say, "I hope and pray to God" that Justice Berry will "give you what you deserve." Garson, 74, also briefly addressed the court, breaking down in sobs several times as he apologized to his former colleagues on the bench and his family.

Garson was convicted in April of accepting thousands of dollars worth of free meals and drinks from Paul Siminovsky, a now disbarred lawyer, in exchange for providing ex parte advice, court assignments and favors such as free range of the former judge's robing room. He was also convicted of one count of illegally accepting a $1,000 fee from Siminovsky, for having referred two clients. Though not directly accused of accepting meals and drinks to fix cases, Garson clearly crossed the line in giving ex parte advice in a divorce case that he was hearing.

In that case, which involved Sigal and Avraham Levi, Garson was captured on videotape -- one of hundreds of video and audio tapes recorded during an eight month investigation -- telling Siminovsky how to frame a brief and question a witness. Garson was recorded telling the lawyer that his client, Avraham Levi, would win the case.

Berry said that listening to the evidence, he had come to believe that the Levi case was "rigged." Berry ruled Levi could address the court as a victim.

Prosecutor Michael F. Vecchione had asked that the maximum sentence of 5-to-15 years be imposed. Garson's lawyer, Michael Washor, skirted asking for probation, but cited his client's cancer and heart problems. He called a prison term a "death sentence," and asked that the sentence not be "draconian."

Berry agreed with Washor that, but for the fact that Garson had been a judge, the case would have been "a slam dunk" for probation. But he said a judge must be like "the lone ranger" and "as pure as snow." Garson, he added, had been "suckered" by Siminovsky into crossing the line into criminality.

Last September, Garson, who is suffering from bladder cancer, spurred a plea deal that would have capped his prison time at 16 months. The deal would have also allowed him to remain within the custody of the New York City Department of Corrections where his doctors would have been able to treat him.

In imposing a lengthy sentence, Berry said "the rest of the judges have my empathy and sympathy, and the judges of Brooklyn really have my sympathy." Berry also noted the many women's advocates who had attended the trial had come to believe that Garson's courtroom was a symbol of system-wide corruption and mistreatment of women. Advocates from women's groups were among the 100 spectators in the ceremonial courtroom at 330 Jay Street Tuesday.

In a bizarre twist, both the prosecution and defense openly argued that Garson is suffering from alcoholism. Vecchione contended that the problem was of recent vintage, and of no bearing with respect to the crimes Garson had committed. Washor countered that all the tapes showed that Garson and Siminovsky were constantly "drinking, drinking, drinking."

The sentencing of Garson, coupled with the imprisonment Tuesday of Clarence Norman, former Democratic Party leader and assemblyman, brought a sudden denouement to four years of legal wrangling.

Both Norman's surrender and Garson's sentencing took place in the same courtroom. Norman was to surrender at 11:30 and Garson's sentencing was set for 12:30, with the result that some of Garson's relatives were in court for Norman's surrender. The Garson matter was pushed back to 1 p.m., but did not get underway until a little after 2.

The day after Garson was convicted in April, Brooklyn District Attorney Charles J. Hynes said that Garson and Norman held the keys to breaking open his office's investigation into whether Democratic nominations in Brooklyn were being sold. In Tuesday's proceedings there was no hint that either man had brought new information to the attention of the District Attorney's Office.