In Westchester County, justice is supposed to protect the vulnerable and uphold the law. But when District Attorney Joyce Miller demands another five years of separation between a father and his children—despite clear exculpatory evidence—justice becomes nothing more than institutional abuse.

The Disability Discrimination at the Heart of the Case

On September 9, 2025, Westchester DA Joyce Miller pushed for a new five-year Final Order of Protection (FOOP) against Marc Fishman, extending a wall of forced separation between him and his four children until 2030. The DA’s maneuver disregards not only the truth, but also the rights of a disabled parent.

Fishman has consistently maintained that he never violated any order of protection during his supervised visit on December 15, 2018. That claim is not speculation—it is supported by police video and audio evidence later obtained through federal court. The shocking fact is that this crucial evidence was unlawfully withheld at trial by Joyce Miller’s office.

“The district attorney is not immune from disability discrimination,” Fishman said. “District attorneys are state government employees who have no immunity for violating the Americans with Disabilities Act. That law applies to them just as much as it applies to any other public official.”

Five Years Without His Children

Since December 27, 2019, Fishman has not seen his children. The FOOP issued this week guarantees another half-decade of estrangement, punishing not only the father but the children who are denied a relationship with him.

“My children’s voices have been silenced by Westchester State Court and discriminating actors in the DA’s office,” Fishman said. “This is high-court retaliation for my victories in federal court. And now they want another five years of separation from my kids—with no findings of fact? That’s overreach.”

What justification does the DA provide for this? None that withstand scrutiny. The original allegation—that Fishman violated an order of protection—has been undercut by bodycam evidence that proves the opposite. But instead of correcting course, Miller doubled down, seeking to erase a father from his children’s lives entirely.

Federal Lawsuit Restored: Fishman v. Schlesinger

Fishman has refused to give up. With the state’s sentencing now concluded, his federal lawsuit under Section 1983—Fishman v. Officer Lane Schlesinger—is being restored to the federal district court calendar. The lawsuit aims to hold New Rochelle police accountable for their role in enforcing a fraudulent narrative and blocking his parental access.

This isn’t just about one father. It’s about the misuse of prosecutorial power to advance personal vendettas, protect false narratives, and crush disabled litigants who dare to fight back.

Thank G-d for Police Video

Without the police bodycam video, Fishman would have been permanently erased from his children’s lives on the basis of lies. That video evidence, buried by Joyce Miller’s office, is the only reason he can prove his innocence today. Its suppression represents not just misconduct—it is a constitutional violation.

A Pattern of Abuse

Joyce Miller’s actions reflect a disturbing pattern:

• Withholding exculpatory evidence (a Brady violation).
• Pursuing unlawful orders of protection beyond statutory authority.
• Engaging in disability discrimination by exploiting a parent’s disabilities as grounds to sever family bonds.
• Perpetuating parental alienation with no consideration for the rights of children to maintain a relationship with both parents.

“Another five years with no findings of fact is nothing but overreach,” Fishman concluded. “This is not justice—it’s discrimination, retaliation, and abuse of power.”

A Call for Accountability

Westchester County residents deserve better than a DA who withholds evidence, discriminates against the disabled, and weaponizes protective orders to destroy families. This is not public safety. This is prosecutorial abuse, plain and simple.

The federal courts will now have their say. And if justice means anything, Joyce Miller’s pattern of misconduct must be exposed and dismantled.

Marc Fishman’s story is not just his own. It is the story of every parent and child torn apart by a system that prioritizes cover-ups over truth.