The Schlesinger Files

Summary of “Damning” Points

CategoryEvidenceImplication
Recorded StatementsSchlesinger said 3× Fishman lacked intentDestroys probable cause; supports wrongful arrest claim
Trial/Testimony OmissionAdmitted he didn’t disclose visitation exceptionsSuggests misleading or incomplete testimony
Disability HandlingAcknowledged cognitive disability but denied accommodation dutyPossible ADA violation pattern
TerminationConfirmed by FOILMay imply internal discipline or credibility issue
Suppressed DiscoveryVideo/audio never turned overBrady / Rosario violation

🧾 1. CD-Affirmation in Support of Motion (Aug 21 2024)

  • Key admission: The motion quotes video evidence from the police station where Schlesinger is recorded stating three separate times that he did not believe Marc Fishman had any intent to violate an order of protection — using phrases such as “I don’t think it’s intentional or malicious,” and “I don’t think he did it on purpose.”
  • Those statements directly undermine probable cause for the arrest and contradict the criminal charge of intentional contempt.
  • The same affirmation notes that Schlesinger did not deny making those statements during his later deposition and acknowledged Fishman’s disability.
  • It also ties Schlesinger’s termination from the New Rochelle Police Department on July 19 2024 to that deposition, suggesting possible misconduct fallout.
CD-Affirmation in Support of Motion Fishman (signed) (edited)Download

🧾 2. Exhibit D – Deposition of Lane Schlesinger (Dec 1 2023)

  • Under oath, Schlesinger does not deny his recorded comments about Fishman’s lack of intent.
  • He confirms he did not verify or accommodate Fishman’s disability, claiming he saw no need to, despite acknowledging cognitive disabilities were discussed.
  • When questioned about the protective order, he admits calling it a “full stay-away order” even though stipulations allowed supervised visitation — and could not recall telling the jury about those stipulations.
    → That testimony supports an argument that Schlesinger misled or omitted key facts about the lawful visitation exception during trial.
Exhibit D Depo of Lane SchlesingerDownload

🧾 3. Exhibit E – FOIL Response from New Rochelle PD (July 12 2024)

  • Confirms Schlesinger’s last day of employment was July 19 2024 and his final pay date July 26 2024, verifying his separation from the department.
    → This document corroborates the termination cited in the motion and gives it official backing.
Exhibit E FOIL Response re Termination of SchlesingerDownload

🧾 4. Exhibit B – Affirmation of Joe Goubeaud, Esq.

  • Fishman’s former 18-B attorney swears that no video or audio evidence (including Schlesinger’s recorded comments) was ever provided in discovery.
    → This strengthens the claim that prosecutors withheld exculpatory statements by Schlesinger that would have impeached his credibility and undercut the charge.
Exhibit B Affirmation of Joe GoubeaudDownload