Former Brooklyn DA Charles Hynes targeted dad of sex abuse victim instead of perv rabbi, lawsuit says
By Christina Carrega & Rich Schapiro (New York Daily News)
March 9, 2017
A Brooklyn dad claims the borough’s former district attorney Charles Hynes targeted him while cutting a sweetheart deal with a prominent rabbi accused of sexually abusing boys.
Samuel Kellner says in a federal civil rights lawsuit that Hynes falsely charged him with extortion after he led an effort to lock up Baruch Lebovits.
“The ‘investigation’ by Hynes into [Kellner] deviated so egregiously from acceptable law enforcement activity as to demonstrate an intentional or reckless disregard for proper procedures,” reads the lawsuit targeting Hynes and the city.
The sordid saga began in 2008 when Lebovits allegedly molested Kellner’s son.
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A prosecutor told Kellner that the district attorney’s office wasn’t going to open an investigation because the alleged offense was a misdemeanor and there were no other known victims, the suit says.
But Kellner, working with a detective, found other boys who were preyed upon by Lebovits.
Hynes’ office launched a probe but Kellner claims the former DA did nothing when Lebovits’ supporters succeeded in convincing one of his victims to drop the case.
“Hynes’ deliberate indifference towards [the boy’s] plight and failure to protect him was part of a policy, custom and practice of deliberate indifference towards witness tampering and intimidation of victims of pedophiles and their families within the ultra-Orthodox community,” says the suit filed in Brooklyn Federal Court.
Lebovits was ultimately convicted in March 2010 of multiple counts of sexual assault and sentenced to serve up to 32 years.
Kellner’s joy was short-lived.
He claims in the suit that Hynes quietly dismissed his son’s case against Lebovits in October 2010.
“The suffering and courage of a victim in coming forward to report his abuse meant nothing to Hynes,” Kellner’s attorney Niall Macgiollabhui wrote in the suit.
Things got worse for Kellner in April 2011 when he was charged with trying to blackmail Lebovits’ wealthy family and paying a man to falsely accuse the rabbi.
Hynes held a news conference trumpeting Kellner’s arrest.
Lebovits was sprung from jail the next day. His conviction was overturned in 2012.
“What is truly shocking is that instead of locking up pedophiles and protecting children, Hynes was instrumental in securing the release of a notorious predator from prison and dismissing the cases of two victims he and his office knew to have been abused,” Macgiollabhui told the Daily News.
“At some point Hynes will have to explain why he conspired in the shadows with the family of a convicted child rapist to undermine the conviction his own office had just secured.”
The criminal charges against Kellner were dropped in March 2014 after a prosecutor re-examining the case found inconsistencies in the accounts of two key witnesses.
Lebovits pleaded guilty to reduced charges in May 2014 and was sentenced to serve another year.
He was released after just 86 days.
Hynes’ lawyer did not return a request for comment.
A spokesman for the city’s Law Department said it will review the complaint.
Kellner filed a defamation suit against the Jewish Daily Forward newspaper in November 2014. That case was settled in January under a confidentiality agreement.