| PRESS RELEASE: DISABLED FATHER MARC FISHMAN SENTENCED TO 45 DAYS IN JAIL AMID ONGOING CUSTODY BATTLE |
 |
| Article originally published in Yonkers Times—click here to read. |
| FOR IMMEDIATE RELEASE Thursday, September 11, 2025 Media Contact:press@james-christopher.com |
| WESTCHESTER COUNTY, NY: Marc Fishman, a Bronx father of four and disability rights advocate, has been sentenced to 45 days in jail, effective Tuesday, September 17, following a ruling in Westchester County Supreme Court and a contentious trial hearing. The sentencing, nearly a decade after the incident, stems from police arresting Mr. Fishman during his court-ordered, bi-monthly supervised visitation on December 15, 2018 — a visit fully prepaid and supported by a 22-page visitation order granting access to his autistic son from 10:00 a.m. to 5:00 p.m. A court-approved supervisor and disability aide were both present, and the supervisor had confirmed the visitation in writing earlier that day. In withheld police video and audio — only obtained by Mr. Fishman through his federal lawsuit (19-cv-00265-NSR) — the now-terminated arresting officer, Lane Schlesinger, is heard telling Mr. Fishman’s disability aide that “Mr. Fishman had no intent to commit a crime.” Nevertheless, Mr. Fishman was arrested at 11:35 a.m., during his prepaid supervised visit, on allegations tied to an unserved order of protection. Neither the jury nor his defense team ever saw this exculpatory evidence. Fishman, who lives with a traumatic brain injury, tinnitus-related hearing impairment, cognitive occipital neuralgia, and post-concussion memory loss, says Westchester County Courts have repeatedly denied him Americans With Disabilities Act (ADA)-required accommodations. He also notes that courts with 50 or more employees require an ADA Liaison, which District Attorney Susan Cacace’s Office does not. Also, he was wrongfully denied real-time transcription during trial, preventing him from hearing witnesses. On July 16, 2021, after years of legal battles, a federal appeals court ordered the transcription as an ADA accommodation in case 20-1300 — yet Judge David Zuckerman has refused to grant a retrial despite knowing Mr. Fishman could not fully participate in his own defense. “This ruling devastates me,” Fishman said. “I’ve fought for years to simply be a father to my kids, but the system continues to punish me instead of protecting my rights. Justice delayed has already taken years of my life — and now, they’re taking my freedom.” Advocacy groups, including Disability Rights New York, have warned that Fishman’s case highlights systemic failures in ADA compliance and broader issues of police misconduct. His 2018 arrest involved Officer Lane Schlesinger, who was later terminated and cited by the New York State Attorney General’s Office for over 40 civilian complaints, including falsified reports — yet this critical evidence was never disclosed to Mr. Fishman’s defense. Supporters are urging Governor Kathy Hochul to transfer Fishman’s case to his home county in the Bronx and launch a broader review of judicial practices, ADA violations, and law enforcement misconduct tied to his matter. “The average misdemeanor in New York is resolved in under six months,” Fishman said. “This nightmare has dragged on for over six and a half years — worsened by COVID delays and the DA’s persistence in preventing me from ever seeing my four kids again. The DA kept seeking orders of protection for children I wasn’t even charged with harming.” Fishman argues that his case exposes a dangerous lack of ADA oversight in state courts: “With judicial immunity, judges in Westchester routinely violate the ADA, and DAs seek convictions at all costs, ignoring the rights of disabled New Yorkers,” he said. “The NYS Human Rights Commission currently has no jurisdiction over state courts’ failure to accommodate disabilities. That must change.” Complaints filed with the Commission on Judicial Conduct have gone unanswered, Fishman says, leaving disabled litigants without recourse when their rights are violated. “It’s time for real regulation, accountability, and oversight,” Fishman concluded. Fishman has created a GoFundMe page to help pay his legal bills: click here to support him. |
New Rochelle Police Abuse 