Lebron Trial
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- November
- 7
New York state acting Supreme Court Justice Catherine Bartlett didn’t play a quiet role today during Spring Valley Police Officer David Lebron’s trial on corruption charges.
Bartlett, an appointed Court of Claims jurist from Orange County, has been vocal during this  case in the Rockland County Courthouse in New City.
With the jury out of the courtroom today, Bartlett gave the defense some help.
Bartlett offered suggestions on a plea deal prosecution witness Joseph Houston got in 2007 for his cooperation. She did so after speaking with prosecutor Gary Lee Heavner and Lebron’s lawyer Richard Murray, who raised the issue.Â
When Heavner told her there was no written plea agreement, Bartlett suggested Murray give her a subpoena to sign that would compel the testimony from the former prosecutor, Louis Valvo.
Then, Barlett used her judicial authority to question Houston about the plea deal that led to him receiving a lesser charge of possessing stolen jewelry in burglary case - a sentence she approved. Houston told her he believed he got a reduced charge for his cooperation.
When the jury returned, Murray then questioned Houston about the deal, rightfully leaving it up to the jury to determine the overall credibility of Houston’s testimony.
Murray also questioned Houston about his criminal record and his background for most of yesterday – something a prosecutor likes to do in an effort to show the jury that nothing is being hid.
As Heavner pointed out to Barlett, he was leading up to raising Houston’s conviction and arrest record, when Bartlett told him to skip the background questions and get to the core of Houston’s testimony, which was Lebron was his friend and tipped him off to prostitution stings and bar raids.
Bartlett also jumped ahead of the lawyers by questioning Houston about other evidence and publicizing an internal Spring Valley police department memo discussing unsubstantiated allegations that other officers tipped off bars and committed crimes.
Heavner argued the memo had nothing to do with the Lebron case and all allegations were being investigated.
At one point, Bartlett theorized why Houston said he was arrested more times than his computer record showed. She said if police don’t fingerprint a person after their arrests, sometimes it doesn’t appear on the person’s record. Murray also joined the judge by questioning the integrity of the police investigation, asking for a copy of Houston’s rap sheet.
Bartlett also said Houston violated her order not talk to the police or anyone. She implied a Spring Valley police detective tutored Houston on factual dates for his testimony.
Houston maintained he spoke with the officer about non-trial issues.
Heavner defended Houston, telling Bartlett that Houston’s testimony has been consistent and has not changed one iota. He also told her that it was difficult for Houston not to talk to the officers since they were in charge of driving him to his hotel room and getting him his meals.
Bartlett countered that Houston’s testimony on dates became more precise yesterday, compared to Thursday.
Houston continues testifying to questions from Murray on Wednesday, when the trial is scheduled to resume.
This entry was posted
on Friday, November 7th, 2008 at 11:04 pm by Steve Lieberman. 
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Gee Steve, it sounds to me like you are helping your buddy Paul lay the groundwork for a “let’s blame the judge” defense if all ends in disaster. What I want to know is why you did not mention the destruction of the officer’s memo books, the civilian witness for the prosecution who lied on the stand and the the myriad of other questionable details about this case. It must be great to have a news reporter in your pocket. Congrats Paul!!!!
This judge is really missing the ball. Chief Modica, during this past year, has had to deal with a personal family matter affecting his children and his estranged wife.
I’m sorry, but the judge should not blame Modica for this whole Lebron case. Lebron is a grown man, and did wrong.
As Chief, Modica is also a human being. If for some reason he’s on vacation, there are others who then are in charge, etc. So to blame Modica for Lebron is like blaming your parents for something you did as an adult.
Ludicrous! Makes me wonder things about this judge.
It’s interesting how much more evidence is coming out at Lebron civil hearing in Spring Valley – tape recording of Lebron talking to another cop about hanging in bars while on duty; witnesses allowed to talk about harassment without their words being censored by a judge; a translator talking about how words like whatever you want dave I will do were left out of a transcript of Lebron’s taped talk with a witness, who disappeared. And something about the FBI was looking into Lebron before the SV cops started their probe—all before Lebron complained about the translator issue, killing his story that the investigation came in retaliation for his complaints..
All very interesting