Posted on 11/14/2008 9:31:55 PM PST by Gondring
ROSENDALE — A town justice on Thursday dismissed the harassment charge against U.S. Rep. Maurice Hinchey that was filed by a man who claimed the congressman struck him on the head during the Rosendale Street Festival.
The judge, Robert N. Vosper Jr., said the alleged action did not rise to the level of criminal prosecution. He also cited the probability that no charge would have been filed had Hinchey, D-Hurley, not been a public official.
Vosper, in a decision dated Wednesday but not handed down until Thursday afternoon, said Hinchey should not be held to "any higher standard than any other citizen” and that “the issue before this court would have probably not arisen if it had not been that the (accused) was our area congressman.”
Vosper also wrote that the prosecution conceded the "offense is ... not a crime" and that "no injury" was caused when Hinchey was allegedly struck High Falls resident Paul Lendvay on the head during the Rosendale festival on July 19.
Hinchey did not appear in court. He was represented by his attorney, David Lenefsky.
The special prosecutor in the case, Jeremiah Flaherty, said Vosper was clear in explaining the dismissal.
"Everybody should be treated the same before the law," Flaherty said. "You shouldn’t be treated any better, you shouldn’t be treated any worse. And that’s what the judge comments on in the decision."
Lendvay, chairman of the Catskill Regional Friends of the National Rifle Association, alleged in his complaint against Hinchey that the congressman struck him during an argument at the NRA's table at the street festival.
According to Lendvay’s account, the incident began when Hinchey approached the table and picked up a gun that was on display. Lendvay said he told the congressman to put the gun down — because part of the NRA's agreement with Rosendale police was that no one except the people manning the table would be allowed to touch the weapons — and when Hinchey "took his sweet time" in obliging, an argument ensued.
Lendvay said he then offered to sell Hinchey a ticket to an NRA banquet, Hinchey said he already had one, and Lendvay called him a liar — prompting an exchange of profanities.
During the argument, Lendvay alleged, Hinchey approached him where he sat and "hit me on the top of my head."
Hinchey pleaded not guilty to the harassment charge on Sept. 8. He was elected to a ninth two-year term in the House on Nov. 4.
U.S.Rep. Maurice Hinchey, D-Hurley
Remember, this is the same anti-gun Hinchey who was caught illegally carrying a handgun but never served time for it.
I guess we should take away the message that it's perfectly alright and not criminal to strike Hinchey and the judge on the head?
Yes, he was re-elected, of course.
Justice is gone. Judges are corrupted. Politicians are corrupted.
Yep, for the most part, Democrats can get away with just about anything.
Vosper also wrote that the prosecution conceded the "offense is ... not a crime" and that "no injury" was caused when Hinchey was allegedly struck High Falls resident Paul Lendvay on the headlisten you stooopid scumbag you... try that with a cop and see what happens top you!!!
RATS covering for BIGGER RATS!!!
“Justice is gone. Judges are corrupted. Politicians are corrupted.”
And we the people do nothing about it.
“And we the people do nothing about it.”
Because we don’t know where to begin and it appears that simply voting is never enough.
From the article, I kind of think the judge made the right call but you wonder what would have been the case if someone tapped Hinchey.
‘Tapped’?!?!... my husband, along with two other documented witnesses, would hardly call what Hinchey did to Lendvay a ‘tap’ on the head!
I don’t need to wonder what would have been the case if someone did to Hinchey what Hinchey did to Lendvay... that’s a no-brainer.
Jeremiah Flaherty, the special prosecutor in the case, told my husband he thought there should be a gag order placed on the case. My husband never said anything to the media fully expecting to have his say in court. No one even contacted him to hear his observation of the incident. His only words were his brief statement of the facts given to the police department.
The bottom line is that Vosper decided he did not want to hear from the witnesses, but he did decide he wanted to hear from Hinchey’s attorney David Lenefsky, and the special prosecutor Jeremiah Flaherty (neither of which were eye witnesses to what occurred).
Hinchey vehemently denied that the incident of him hitting Lenvay on the head even happened.
In the case of Hinchey carrying his handgun in his luggage at the Washington Airport in 1998, he claimed that his handgun was ‘inadvertently’ in his piece of luggage! Apparently that was a good enough answer for him to be excused.
So, since HInchey voted for the anti-gun Brady Bill, why does he like to carry guns and pick them up to hold them in spite of signs clearly telling people they are not allowed to touch guns on display?
My husband was being honest when he told Hinchey, “I forgot. You’re above the law.”
Good luck to your husband.
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