Bronx, NY — The recent sentencing of Bronx father Marc Fishman to 45 days in jail has sparked outrage among advocates and should trouble every New Yorker who believes in fairness and accountability. Fishman — a disabled father living with hearing loss and a brain injury — was arrested nearly seven years ago during a supervised custody visit. After nearly a decade of delays, adjournments, and court-ordered separation from his children, the case has ended not in justice, but in punishment that critics say is rooted in vendetta and discrimination.

What makes this outcome especially alarming is that the arresting officer, former New Rochelle Police Officer Lane Schlesinger, has since been identified in the New York State Law Enforcement Misconduct Investigative Office (LEMIO) report for a documented pattern of excessive force, falsified evidence, and dozens of civilian complaints. Despite this official finding, the court still relied on his testimony to take away Fishman’s freedom.

Even more troubling is withheld evidence that directly undermined the case. In the exonerating police video, Schlesinger can be heard admitting: “I do not think Marc Fishman committed a crime, and I do not think Marc Fishman had intent to commit a crime.”

“Despite this clear admission, DA Susan Cacace has not even commented on why this video was withheld,” said Fishman. “Instead of acknowledging the truth, she pushed forward with a reckless prosecution that punished me as a disabled parent.”

Advocates point out that the case reflects a broader crisis in Westchester County’s handling of disability rights. More than 40 percent of inmates in the Westchester County Jail are disabled — many of whom, they argue, would never have been convicted if proper accommodations had been provided before trial.

Fishman added: “DA Cacace’s own office lacks an ADA liaison, in violation of federal law. Without a required disability liaison, prosecutors can tell judges to deny reasonable accommodations daily, like in my case. Judges believe prosecutors and deny accommodations all the time, leaving people with disabilities unprotected.”

The pattern extends far beyond Westchester. Mayor Eric Adams has reported that 40 percent of Rikers Island inmates have dyslexia or related disabilities. Advocates say this raises a broader question: why do prosecutors so often punish the disabled instead of providing accommodations to society’s most vulnerable?

“DA Cacace is just as discriminatory as Officer Schlesinger, who was terminated and designated by Attorney General Letitia James as a ‘pattern false-arresting cop,’” said Fishman. “That’s why she won’t prosecute him or revisit the false convictions he participated in during his 17 years in New Rochelle.”

This case, advocates warn, is not just about one father. It is a warning to all New Yorkers. If official misconduct findings from the state’s own watchdog can be ignored in family and criminal proceedings, accountability is meaningless. Parents with disabilities — already among the most vulnerable in the system — deserve accommodations and fairness, not years of uncertainty followed by punishment rooted in tainted evidence.

“Justice delayed is justice denied,” Fishman added. “The courts must stop allowing flawed testimony from officers with misconduct records to dictate the lives of families. My case is a painful reminder that reform is urgently needed.”