My colleague Suzan N. Clarke and I sat in Spring Valley Justice Court today as Spring Valley Section 8 second-in-command Brendel Logan stood with her lawyer before Justice Alan Simon.
Logan is charged with a misdemeanor count of third-degree menacing and violation of harassment – accusations being made by her boss, Section 8 Administrator Monique Anderson. Anderson has accused Logan of threatening her and used profanity. Logan denied threatening her, though she said two had argued.
The personality clash comes as the Section 8 office is the target of a criminal investigation by the Rockland District Attorney’s Office. The office and the village, including Mayor George Darden, were the target of a highly critical audit report by the Housing and Urban Development Department, which oversees the federal rent-subsidy program.
In the criminal case, Assistant District Attorney Eric Holzer today asked Simon to step aside and allow the Logan’s prosecution to take place in another jurisdiction.
Holzer argued that Simon knows both Logan and Anderson, as well as other village officials, and that gives off an appearance of a conflict of interest, if not a bias. Logan was hired by Darden. Simon’s colleagues, justices Susan Smith and Christine Theodore, are prepared to opt out of the case and will sign the recusal documents, Holzer told Simon.
Simon demurred at stepping aside. He said Theodore and Smith can do what’s convenient for them, but his standards are a bit different. Simon said recusing himself would be the easy way out and he wasn’t elected to take the easy road.
He waxed poetically for several minutes about the role of the court, public service, and adults working together for the common good.
He contended he would not favor either side, seemingly hurt by the suggestion, and that to step aside would be a dereliction of his duty as a judge. Simon maintained that knowing Logan and Anderson was no different from knowing the police officers who bring charges in court or anyone else who appears before him. He also noted he went door-to-door campaigning, shaking hands of residents, some of whom may appear before him.
Simon, 65, a former Ramapo town attorney, public defender, and criminal defense lawyer, noted he has practice law for 30 years. living and working in Spring Valley. His clients covered generations in some families and some have appeared before him .
Simon told Holzer he had anticipated his recusal request after reading District Attorney Thomas Zugibe’s comments in The Journal News about the judge and the case.
“IÂ don’t see me as having any bias,” Simon said. “I tend to think, and I may be wrong, I may have a unique ability to hear this case. After the reading the complaint, I have no preconceived notions except to be embarrassed for the village that two co-workers are involved.”
Simon also suggested that possibly Anderson and Logan should sit down with the Volunteer Counseling Service to resolve their problems outside the courtroom.
Simon also denied Holzer’s request for a order of protection on Anderson’s behalf against Logan. He said he told the two to act civil toward one another and has not been told there have been any flareups. Holzer said Simon’s refuse to issue an order of protection could be construed as a bias in the case.
Logan’s lawyer, Brian Berkowitz of the Rockland Public Defender’s Office, said there was no need for any order of protection. He said nothing has changed since Simon first rejected Holzer’s request at an earlier court session.
Simon said he would consult with the court administration on if he should recuse himself. He said he would provide a written decision by Nov. 6.