Despite Withheld Video Proving No Crime, NY Judge Refuses to Dismiss Case Against Disabled Dad Who Was Unjustly Arrested

AG Letitia James Named Arresting Officer a Serial Abuser—Judge Maurice Williams Ignored It

Media contact: press@newrochellepoliceabuse.com

WESTCHESTER COUNTY, NY — In a case that could uproot arrests for thousands in New York’s justice system, a motion to dismiss charges against disabled civil rights advocate Marc Fishman was denied, despite overwhelming evidence showing he committed no crime—including a withheld police precinct video and a New York State Attorney General report exposing his arresting officer’s extensive misconduct.

Fishman, a father of four living with cognitive disabilities, was arrested in 2018 by former New Rochelle Police Officer Lane Schlesinger, who is featured in the 2024 Attorney General’s Law Enforcement Misconduct Investigative Office (LEMIO) report as a “pattern misconduct” officer, with over 40 substantiated complaints—the only Westchester County Officer identified by the AG as a serial abusing cop who made substantial false arrests.

The key evidence ignored by the court: A precinct video from December 15, 2018, in which Schlesinger is heard stating at 12:07 p.m. to a disability aide, “I do not think Marc Fishman committed a crime.” Just minutes earlier, at 12:05 p.m., Schlesinger also admitted “Mr. Fishman had no malicious intent to commit a crime.” Further, exonerating audio and phone tape recordings by the New Rochelle Police Department was also withheld. (Available on PACER 19-cv-00265-nsr.)

This video was never provided to the defense, in violation of Criminal Procedure Law Article 245 (Discovery) which requires prosecutors to disclose all evidence that can exonerate a defendant. “Westchester’s DA has not acknowledged this federally-certified video, still not handed over all the evidence required, and is acting completely against her role to be an impartial, ethical and moral prosecutor,” Marc Fishman says.

Despite these revelations, Judge Maurice Williams denied Fishman’s motion to dismiss, and is now preparing to sentence him to jail on August 21, 2025. In doing so, Hon. Williams also ignored the AG’s official misconduct report naming Schlesinger – a former 17-year veteran cop – and the broader implications for hundreds of potentially wrongful arrests and prosecutions involving the same officer.

“The state’s top cop said this officer was a repeat abuser. The officer himself said I didn’t commit a crime,” said Fishman. “But the judge still wants to put me in jail—and the DA helped hide the truth.”

Fishman’s case also involves Lt. Sean Kane, another officer with 25+ misconduct complaints, flagged internally as a “liar” and “game player.” Like Schlesinger’s record, Kane’s disciplinary history was also concealed from Fishman’s legal team, further compromising the case.

DA Susan Cacace, who oversaw the prosecution, has refused to comment on the AG’s findings—even as district attorneys in Brooklyn and Manhattan have taken action to reverse hundreds of convictions linked to officers cited in the same misconduct report. Critics say Cacace’s silence may be self-protective: as a Westchester’s serving judge in history, Cacace has Schlesinger and Kane frequently testify in her courtroom. A retired Westchester
attorney commented, “Admitting they lied calls her entire judicial record into question.”

Although Cacace has recused herself from other cases involving these officers—costing taxpayers over $1.5 million in special prosecutor fees—she continues to uphold and pursue convictions in others, including Fishman’s.

Fishman and a growing civil rights coalition are now demanding:

● An impartial judge, and recusal/removal of Westchester’s District Attorney from this case
● A state investigation into DA Cacace’s prosecutorial misconduct and violations of
discovery
● A comprehensive audit of all cases involving Schlesinger and Kane
● Legislative reforms requiring District Attorneys to act on LEMIO findings of misconduct

“This isn’t just about me,” said Fishman. “It’s about a broken system that protects its own, buries the truth, and punishes innocent people while rewarding abusive cops.”

Evidence, case files, and video recordings available at: www.newrochellepoliceabuse.com

For media inquiries, email: press@newrochellepoliceabuse.com

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