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Justice Denied: Why New York Must Answer for Marc Fishman

A Disabled Father Faces Jail While Prosecutors Ignore Exonerating Evidence

New York is on the brink of committing a grave injustice.
Unless the courts intervene, a severely disabled father — Marc Fishman — will be sent to jail for a crime the arresting officer himself admitted on video that Marc did not commit.

This is not a case of gray areas or questionable evidence. It is not a case of a man grasping at straws to avoid accountability. This is a case where sworn exonerating video, police radio calls, and official misconduct findings all point in one direction: Marc Fishman is innocent. And yet, the Westchester District Attorney’s Office continues to ignore this evidence, pressing forward with a defective verdict and a 45-day jail sentence.

The only question left is whether New York will finally listen — or whether the state will silence a disabled father and bury the evidence of its own misconduct.

Marc’s Story — A Disabled Father Under Siege

Marc’s nightmare began on December 15, 2018, during a supervised visitation with his child. He had a court order authorizing the visit. He had paid $500 for a supervisor. He had a court-appointed disability aide present.

None of that mattered. He was arrested anyway.

The officer responsible for the arrest, Lane Schlesinger of the New Rochelle Police Department, claimed Marc had violated the order. But the truth — later uncovered only through a federal lawsuit — told a different story. Police video, radio calls, and internal records showed Marc had done nothing wrong.

Marc was forced to sue in federal court (case 19-cv-00265-NSR) just to access this exonerating material. It should have been disclosed to him under Brady v. Maryland, the landmark Supreme Court ruling that requires prosecutors to turn over evidence favorable to the accused. Instead, it was withheld.

This is the first of many red flags in Marc’s case — and the one that should have ended the prosecution years ago.

The Corrupt Foundation of His Conviction

If the withheld evidence weren’t bad enough, the very officer who arrested Marc was later exposed as corrupt.

In May 2024, New York Attorney General Letitia James officially designated Officer Schlesinger as “pattern misconduct” — the only Westchester officer to receive that label under the state’s law enforcement misconduct statute in the past five years. Shortly thereafter, Schlesinger was fired.

Think about that. The central witness against Marc — the man whose word triggered years of prosecution — was found to be so unreliable, so compromised, that the state itself branded him a repeat offender of misconduct.

And yet, Marc’s conviction still stands. Prosecutors Mimi Rocah, ADA Joyce Miller, and DA Susan Cacace have never corrected the record. They have never acknowledged that their case rests on the word of a disgraced officer. Instead, they press forward, trying to jail Marc as if nothing has changed.

This is not justice. It is persecution.

ADA Rights Denied

Marc’s legal fight is not just about prosecutorial misconduct. It is also about the systematic denial of his rights as a disabled defendant.

Marc lives with traumatic brain injury, occipital neuralgia, and eight implants. He requires accommodations to communicate effectively. In July 2021, the Second Circuit Court of Appeals ordered Westchester courts to provide those accommodations after years of denial.

But when Marc needed those accommodations most — to fight for his freedom — the courts failed him again.

In September 2025, as his 45-day sentence loomed, Marc filed an emergency Order to Show Cause asking the appellate court for a stay. Because of his disability, he was unable to use the court’s electronic filing portal. His attorney was in trial and could not step in immediately. Marc was left to beg via email, explaining that he could not physically file his own papers without accommodations.

Despite his pleas, the stay was denied. The system once again turned its back on a disabled man, treating him not as a citizen entitled to rights but as a nuisance to be pushed aside.

A DA’s Ethical Duty — and Betrayal

The rules for prosecutors are clear. They are not just advocates for conviction; they are guardians of justice.

The New York Rules of Professional Conduct spell it out:

  • Rule 3.8(b): A prosecutor must disclose evidence that negates guilt or mitigates offense.
  • Rule 3.8(c)-(d): If new, credible evidence shows a convicted person may not be guilty, prosecutors must act — even seek to overturn the conviction if the evidence is clear and convincing.
  • Rule 3.4(a): Lawyers cannot suppress evidence they are obligated to disclose.
  • Rule 3.3(a): Lawyers must not make false statements or allow falsehoods to stand uncorrected before the court.

By ignoring the exonerating video/audio, by refusing to acknowledge Schlesinger’s misconduct designation, and by proceeding with a defective verdict, DA Cacace’s office has trampled every one of these obligations.

This is not simply negligence. It is willful misconduct.

The Watchdog That Must Act

In 2021, New York created the Commission on Prosecutorial Conduct (CPC), a watchdog agency empowered to investigate and sanction prosecutors who abuse their power.

The CPC can subpoena records, hold hearings, and refer prosecutors for discipline. Its very purpose is to ensure that what is happening to Marc Fishman never happens again.

Yet Marc’s complaints remain unanswered. The CPC has acknowledged receiving over 140 complaints since launching its online portal, but little progress has been made. For Marc, every day of delay is another day closer to jail.

The CPC cannot afford to sit idle. Marc’s case is a textbook example of why the Commission exists: withheld Brady material, reliance on a corrupt officer, denial of ADA rights, and prosecutors pressing forward despite knowing their case has collapsed.

If not now, when? If not Marc, who?

Why Marc’s Fight Matters for All of Us

Some may be tempted to see Marc’s struggle as a personal tragedy, but it is more than that. It is a warning.

If a disabled man can be jailed despite federal exonerating evidence, official misconduct findings, and ADA orders, then no one’s rights are secure. If prosecutors can ignore their ethical duties without consequence, then the justice system is nothing more than a theater of power.

Marc is fighting not just for his freedom, but for every New Yorker who believes in fairness, due process, and the rule of law. His case exposes the rot at the heart of a system that protects prosecutors at all costs while leaving defendants — especially disabled ones — to fend for themselves.

This is why advocacy matters. This is why public pressure matters. Because when the courts fail and watchdogs stall, the people must speak.

A Call to Action

New York must act now.

  • To DA Susan Cacace and ADA Joyce Miller: Drop this case. Acknowledge the exonerating evidence. Uphold your ethical duty.
  • To the Commission on Prosecutorial Conduct: Investigate immediately. Use the powers you were given to hold prosecutors accountable.
  • To Governor Kathy Hochul and AG Letitia James: Enforce the laws you passed. Do not allow prosecutors to ignore misconduct findings and ADA orders.
  • To the public: Share Marc’s story. Demand accountability. Support his fight through campaigns like newrochellepoliceabuse.com and his GoFundMe.

Marc Fishman must not be jailed. Not for a crime he did not commit. Not on the word of a corrupt officer. Not while exonerating evidence sits ignored.

This is bigger than Marc. It is about whether justice in New York is real — or just a word written in statutes no one enforces.

The choice is ours.

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