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Lesher first requested the documents five years ago, but the DA fought the release, arguing that publicizing the details of the case could put future prosecutions at risk and reveal the identities of alleged victims.
In April, the New York Court of Appeals, the state’s highest court, ruled in Hynes’s favor, reversing a lower court ruling against him. The court found that public officials do not have to release documents under FOIL if the documents in question imperil active prosecutions. The DA’s extradition request to Israel was still open and active at the time that Lesher made his original request, the court noted.
Lesher contended that since then, any prospect of extradition was dead — and the case was now effectively closed — given the Israeli Supreme Court’s 2010 refusal to hand over Mondrowitz to the United States. The Court of Appeals appeared to concur, and seemed to invite Lesher to refile his request, even as it ruled against him.
“If [Lesher] is correct in his assessment of the decision’s effect,” the court decision read, “there is, practically speaking, no longer any pending or potential law enforcement investigation or judicial proceeding with which disclosure might interfere.”
Lesher filed another FOIL request, and on June 11 he received a letter from the Brooklyn DA’s office indicating that his request was partially granted: He would receive 103 pages of documents, making up just a fraction of the Mondrowitz file.
“We are complying with the Court of Appeals’ April decision,” explained Jonah Bruno, a spokesman for the Brooklyn DA.
According to the letter, 34 pages of documents are being withheld because they either name one of Mondrowitz’s victims or provide details that could reveal the victims’ identities. Another 254 pages of documents that Hynes deems to be “intra-agency” in nature are being withheld under a FOIL provision that exempts such papers from disclosure.
Robert Freeman, the executive director of the Committee on Open Government, a New York state agency whose mission is to support transparency in government, said that he would recommend appealing the DA’s use of the Freedom of Information Law’s “intra-agency” exemption. Lesher said he would consider this option once he reviewed the material the DA is releasing to him.
Lesher said he hopes to receive the documents in late June. He doubts that the information will alter the course of the Mondrowitz case, but it will shed light on the operations of the Brooklyn DA.
Lesher said that he is particularly interested in learning about Hynes’s decision in 2007 to push for Mondrowitz’s extradition, after he had dropped it in 1993.
“What I am hoping to find out is a little more of the story about what went on at the DA level,” Lesher said.
Contact Naomi Zeveloff at firstname.lastname@example.org