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Federal judge lets Hasidic abuse whistleblower’s civil-rights lawsuit against NYC move to trial
(New York Jewish Week) — A federal judge in Brooklyn has denied a bid by New York City and the estate of former Brooklyn District Attorney Charles Hynes to throw out a civil-rights lawsuit brought by Hasidic sex-abuse whistleblower Sam Kellner, clearing the way for a jury to hear claims that top prosecutors helped engineer his arrest to benefit a convicted child molester.
The 82-page ruling, by Judge Nina R. Morrison of the Eastern District of New York, is significant, as it effectively strips both the district attorney and the city of the legal immunity they would normally enjoy. Typically, absolute immunity protects prosecutors from civil suits over decisions about whether and how to bring criminal charges, while qualified immunity shields government officials from paying damages unless they violate clearly established legal rights.
“Justice for Sam has been a slow train coming. That train is now about to arrive,” said Niall MacGiollabhui, Kellner’s attorney, in a statement to the Jewish Telegraphic Agency.
The long saga leading to the judge’s decision began in 2008, when Kellner, a Borough Park resident, defied communal norms and reported his son’s sexual abuse by a prominent community member, Baruch Lebovits, to secular authorities. Working closely with a detective in the NYPD’s Special Victims Unit, Kellner helped locate and bring forward other alleged victims of Lebovits. His cooperation ultimately helped lead to Lebovits’ 2010 conviction on multiple counts involving another boy, identified as Y.R.
The Lebovits prosecution was a rarity in a community where few child sexual abuse cases ever make it to trial, let alone end in a substantial sentence. At the time, Hynes had been under mounting fire for how his office handled sexual abuse in the Hasidic community, with anti-abuse advocates arguing that the DA went easy on Hasidic offenders in deference to a Hasidic leadership capable of reliably delivering campaign contributions and a bloc vote.
For his involvement in the case, Kellner paid a steep price. Even though he obtained rabbinic permission to go to the authorities, community members branded him an informer or “moser,” a label that has serious consequences in Jewish tradition. He often left his house to find his tires slashed and his van papered with flyers calling for his death; people yelled threats at him on the street. He was also forced out of his synagogue and had trouble finding schools that would enroll his children; securing marriage matches for them took years.
Kellner says he also fielded a steady stream of offers of cash if he would just walk away from the case. He refused them all, saying that his son and the other boys were entitled to justice, even as he sank deeper into debt and isolation, becoming a cautionary tale for both supporters of abuse victims and critics who view cooperation with secular authorities as a betrayal.
But things only got worse for Kellner after Lebovits’ conviction. In 2011, he was arrested by the very same district attorney’s office that had used him to help put Lebovits behind bars. Prosecutors charged him with orchestrating an extortion scheme, alleging that he tried to use the very case he had helped build as leverage to extract hundreds of thousands of dollars from Lebovits’ family, and also accusing him of paying another witness to give false grand jury testimony against Lebovits.
People who had supported him fell away as he was branded an extortionist, a “crook” who would sell out his own son for money. Friends abandoned him, and even some family members kept their distance. “I wanted to vanish. I wanted that the floor would open up and I would fall into it,” he says.
Over time, however, the criminal case against Kellner unraveled amid mounting questions about the reliability and origins of the evidence against him, and in 2014 a Brooklyn judge dismissed the charges after the newly elected district attorney moved to drop the prosecution. Freed of the threat of prison, but maintaining that he had been framed for doing what the system asked of him, Kellner went on to file a federal civil‑rights lawsuit in 2017, accusing Brooklyn prosecutors of conspiring with allies of Lebovits to retaliate against him and upset Lebovits’ original abuse conviction.
In his filings, Kellner argues that these officials prosecuted him even though the DA’s office already possessed powerful evidence of Lebovits’ guilt and internal records suggesting that key witnesses against Kellner had been pressured — and, in one case, financially supported by Lebovits’ backers — turning the machinery of law enforcement against the father of a sex abuse victim in order to free a well-connected, convicted child molester.
For Kellner, the recent ruling is, in part, a kind of personal vindication.
“Wow, what a revenge. Fourteen years later and you exchange places with Charles Hynes. It is such a good felling that they are going to say ‘plaintiff Sam Kellner, defendant the City of New York and Charles Hynes.’”
But, more important, Kellner believes the judge’s decision offers proof that victims in his community can — and should — trust the justice system, no matter how slowly it moves.
“After my arrest, no rabbi was going to let a kid come forward, and then let that kid go to jail while the DA takes the side of the molester,” Kellner said.
Now, he believes, “these animals, these molesters should start feeling that they can no longer continue to molest in this neighborhood, and threaten the victims and get away with it because the DA will be on their side.”
For some, however, recent actions by the current DA, Eric Gonzalez, belie those sentiments. Just last month, Gonzalez drew sharp criticism from anti-abuse advocates for supporting the resentencing request of another convicted child molester from the Hasidic community, Nechemya Weberman, who has served about 13 years of his term.
Weberman was originally sentenced to more than 100 years for the sustained sexual abuse of a 12-year-old girl he was counseling, but that sentence was later reduced to 50 years through an administrative recalculation required by New York sentencing law. Gonzalez has argued that even the 50-year term is “unusually harsh” and out of step with sentences in comparable child-sex-abuse cases. His critics say he has caved to pressure from the same communal and political forces that arrayed themselves against Kellner and that his stance betrays survivors and undermines deterrence.
But Kellner still has faith.
“Until now, I was an example of why not to go to the DA,” he said. “They killed me. I am already 65. I was just over 45 when it started. They killed me. But I knew one thing: They are not going to have the victory that no one is going to come forward. Trust the system.”
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PEN America president, defending Israel’s critics, resigns after report warns of threats to Jewish authors
(JTA) — The president of PEN America resigned over the weekend in protest of a report on boycotts targeting Jewish and Israeli authors, part of yet another round of internal division over Israel at the literary free-speech institution.
Dinaw Mengestu, an Ethiopian-American novelist and Bard College professor, told The Atlantic he was stepping down because he believed the PEN report, “A Silent Moratorium,” failed to defend the free-speech rights of participants in the movement to boycott Israel.
“It’s the First Amendment that allows all of us to engage in boycotts, not PEN America,” Mengestu told the publication. “PEN America as a free expression organization is supposed to defend that right.”
The author did not respond to multiple Jewish Telegraphic Agency requests for comment, but in an Instagram post Monday alluded to an interest in creating a new organization to rival the prominent nonprofit, which defends the free expression rights other writers.
In response to an interview request, PEN sent a statement to JTA saying it was “grateful” for Mengestu’s leadership and would “respect” his decision. The statement also alluded to PEN’s own past turmoil: “We tell hard stories, in politically challenging moments, about writers from a range of perspectives, even when it’s uncomfortable for us given our own recent history.”
In its report, published on its blog, PEN described “Jewish and Israeli writers who feel that the mainstream literary world is increasingly shutting them out because of their identity, nationality, or views.” Interview subjects include several Israel critics, as well as literary agents who assert that they face more difficulties signing Jewish authors after the Oct. 7, 2023, Hamas attack on Israel and amid the subsequent war in Gaza. The report also repeatedly cited a JTA report about a 2024 viral list of “Zionist” authors to boycott.
Among other details, PEN’s report revealed that Israeli novelist Etgar Keret and public radio host Ira Glass had cancelled a planned live event in Australia over fears of threats and protest.
“This silencing and exclusion of writers is a threat to what PEN America is fundamentally committed to defending: a culture of free expression for all,” according to the report.
In addition to the report, PEN also altered its institutional policy toward cultural boycotts, which the organization has long opposed. Although its report on Jewish authors asserted that boycotts “threaten the free expression rights” of their targets, the revised guidelines say that the group will also defend the right of writers to participate in boycotts.
Mengestu’s resignation comes at a perilous moment for Jews facing cultural boycotts, both within the standard-bearers of PEN and elsewhere. PEN’s Jewish former longtime CEO stepped down in 2024 following months of blowback from rank-and-file authors who felt the organization was insufficiently critical of Israel and caused PEN to cancel a festival for global authors.
Since the leadership change, PEN leadership has published and retracted a condemnation of a boycott effort trained at an Israeli comedian and also published a report cataloguing Israel’s “cultural destruction in Gaza.”
Mengestu had assumed the role of board president in 2025. But PEN’s report about Jewish and Israeli writers on Thursday, he wrote, “makes clear that [change] will not happen.”
The Anti-Defamation League said it was “deeply troubled” by Mengestu’s resignation Monday. “Freedom of expression means opposing efforts to boycott, silence, or exclude writers because of their identity or nationality,” the organization tweeted, saying that the author’s decision to leave PEN over his objections to the report on Jewish authors “sends a chilling message.” Jewish authors also objected.
“Imagine running a free expression org and resigning because it refuses to blacklist authors based on their nationality,” the author David Zweig wrote on X, musing whether Mengestu would object to boycotting authors from his birth country: “Ethiopia doesn’t exactly have a good human rights record.”
In response to The Atlantic’s story that quoted sources from inside PEN who were critical of his resignation, Mengestu wrote a lengthy Instagram post Monday in which he stated, “This piece is about trying to suppress constitutionally protected speech,” criticized past PEN reports critical of the BDS movement, and added, “What PEN America fails to understand is that boycott is a form of dialogue.”
He announced his intention to “help make something better,” receiving affirmative comments from notable authors including Viet Thanh Nguyen, Angela Flournoy, Jewish pro-Palestinian novelist Jess Row and Pulitzer Prize-winner Benjamin Moser, author of a forthcoming history of Jewish anti-Zionism.
Other Jewish authors on the left were among those defending Mengestu’s decision to step down.
“Dinaw is one hundred percent correct that this kind of fake victim propaganda can be used to support anti-Boycott legislation which violates the First Amendment and is everywhere as popular support for Palestinians grows,” author Sarah Schulman wrote on Facebook. Calling PEN’s blog about Jews “one of those fake anti-semitism pieces,” Schulman added, “If PEN wants to survive, they have to get out of the Israel/Zionism business.”
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Church of England backs study of Palestinian Christian document accusing Israel of genocide
(JTA) — The Church of England’s legislative body voted Monday to encourage churches across England to engage with a document produced by Palestinian Christians that accuses Israel of genocide despite requests from Jewish organizations and Britain’s chief rabbi to reject it.
The document is titled “Moment of Truth: Faith in a Time of Genocide” and is also known as Kairos II, after the Palestinian Christian movement Kairos Palestine that produced it. It describes Israel’s military campaign in Gaza as a genocide, states that Israel is a “colonial enterprise built on racism,” and says decades of “occupation,” “apartheid” and “settler colonialism” are at the heart of the Israeli-Palestinian conflict.
The vote on Monday does not adopt the accusations as church doctrine but says the church should hear the documents as “heartfelt expressions of the lived experience of Palestinian Christians,” and to engage with them in order to better understand the conflict.
Ahead of the debate in York, several Jewish organizations expressed concerns, and Chief Rabbi Sir Ephraim Mirvis asked Synod members to reject the amendment. Mirvis called Kairos II “deeply concerning” and that it “risks undermining decades of careful relationship-building” between Christians and Jews.
“It is truly shocking that a document which purports to speak in the name of truth contains so much falsehood,” he said.
Afterwards, the president of the Board of Deputies of British Jews, Phil Rosenberg, issued a statement calling the passage of the motion “highly problematic.”
“Kairos Palestine may come from a place of genuine pain, but the falsehoods and distortions of Kairos II, including its erasure of Jewish identity and experience, is a prescription for more division and not the answer to conflict in the Middle East,” he said.
“This document reflects the pain and trauma of the Palestinian people. As a pastor, I hear the cry of our Palestinian Christian sisters and brothers — a cry that rises from the ruins of Gaza, and from the violence and oppression of the West Bank,” she said.
She added, ”I also hear the concerns of the chief rabbi, the co-leads of the Movement for Progressive Judaism, and the Board of Deputies, and I thank them for their honesty.” She said the church remained opposed to antisemitism and committed to safety for Israelis as well as Palestinians.
The Synod debate followed Mullally’s visit to the West Bank in June, where she met Palestinian Christian communities in Birzeit. During the visit she said, “I will use my role as Archbishop to seek the peace you desire and the freedom you deserve.”
The debate marks the ascendance of Israel-related issues in another major church, after the Catholic Church’s Pope Leo XIV angered Jewish groups soon after being elected last year by endorsing an investigation into whether Israel committed genocide in Gaza.
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Mike Pence denounces alleged arson of Israeli flag in his Indiana hometown
(JTA) — Former Vice President Mike Pence has weighed in against antisemitism after officials in his Indiana town say a costly fire may have been caused by arson to an Israeli flag displayed on a local barn.
The alleged arson broke out early Friday morning, damaging a historic home in Zionsville, Indiana, where Pence lives, and causing an estimated $150,000 in damages, according to the Zionsville Police Department.
Zionsville Mayor John Stehr said during a press conference on Friday that officials believed the fire began when an individual set fire to an Israeli flag that had been displayed outside the building alongside an American flag. The town later announced that the FBI had joined the investigation and that officials were examining whether the arson “may have been motivated by bias” but said no determination had been made.
“Absolutely despicable,” Pence tweeted on Sunday. “There can be no tolerance in America for Antisemitism or political acts of violence, and it is heartbreaking to see in our adopted hometown of Zionsville, Indiana. We thank God no one was hurt and urge anyone with information to contact law enforcement.”
Pence has long cast himself as a staunch supporter of Israel, including after the Oct. 7, 2023, Hamas attacks on Israel, and has also repeatedly spoken out against antisemitism in the conservative movement and beyond.
Republican Indiana Sen. Jim Banks also condemned the alleged arson in a post on X Saturday. “Antisemitism will not be tolerated. Not in Zionsville. Not in Indiana. Not anywhere,” Banks wrote. “Thank you to the federal, state, and local officials working to bring the perpetrators of this despicable arson attack to justice.”
On Sunday, the Jewish community in central Indiana hosted a rally condemning the alleged arson attack, chanting, “We will stand up,” according to local outlet Fox 59. While Zionsville does not have a large Jewish community of its own, other suburbs of Indianapolis have significant Jewish populations, and Zionsville is also the longtime home of a Reform movement summer camp, the Goldman Union Camp Institute, which is in session now.
“The founding fathers founded a country where we have the ability to resolve differences among each other; we don’t do it by firebombing homes,” rally organizer David Schiller told Fox 59. “It’s inexcusable and unacceptable.”
The Zionsville Police Department did not respond to an inquiry from the Jewish Telegraphic Agency about the status of the investigation on Monday.
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