LOHUD.com Reports that 60 year-old Rabbi Meilech Spitzer, a
Brooklyn resident and top administrator with the United Talmudical Academy in
Spring Valley, had been charged in February with third-degree assault and
endangering the welfare of a child after he allegedly slapped the boy hard
enough to leave bruises on the boy’s face and ear.
At Spitzer’s April arraignment Justice Alan Simon also
issued a protective order preventing Spitzer from having any contact with the
boy.
On Thursday, Justice Simon dismissed all charges and lifted
the protective order after Spitzer’s attorney, Robert Conklin, successfully
argued that the 90-day “right to a speedy trial” period had elapsed without the
District Attorney’s office successfully obtaining a signed eyewitness account
from the victim—-the boy.
Conklin argued that original complaint, which was signed by
a Spring Valley detective in hopes of gaining cooperation from the boy and his
family, amounted to nothing more than “hearsay.”
Conklin said in order for the DA’s case to go forward, they
“must file a supporting deposition signed by an individual who experienced the
incident first-hand.”
Executive DA Gary Lee Heavner said in court, “The people did
try to prosecute this case. We were not able to convince the family.”
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