By posting this text, I run the risk of "feeding the trolls," and there are in fact several EVIL trolls who will certainly use this information to continue to defame, attack and vilify me. But I have decided to post it anyway, in part because trolls do less harm when they aren't free to make up "facts" as they please, and in part because there are both indifferent and sympathetic people who might like to know what's been going on. What follows are facts:
1. I never maintained my innocence: I always said that I was guilty of making prank phone calls to strangers (aggravated harassment, an "A" misdemeanor, *not* a "sex crime"); and even wrote a letter, stating my guilt, remorse and commitment to changing my behavior, and made it available to the District Attorneys in both Suffolk and Nassau Counties.
2. I have committed similar crimes in the past. My problems are psychological rather than criminal in nature. Like many other Jews from middle-class Long Island (Howard Stern is the best-known example), I suffer from an Obsessive Compulsive Disorder, and have suffered from it all my life, which has been much less happy as a result. But, unlike Howard Stern, I haven't found a way to turn my inappropriate "toilet humor" into a multi-million-dollar career.
3. Letters were written on my behalf, not just by family members, but also my friends and my long-time girlfriend, who is still with me.
4. My attorney was *not* my father, who, contrary to so many slanderous claims, is not a criminal defense attorney. Though my parents did indeed pay for my defense, they are not rich (far from it) and in fact mortgaged their modest house to raise the money needed.
5. Under intense pressure from the Suffolk County DA's office, which quite sleazily threatened to bring other charges against me if I didn't pled guilty to those already lodged, I agreed to plead guilty. I begin serving my sentence on Wednesday 13 October 2004. Like Martha Stewart, I'll be out in time to plant flowers in the spring.
6. Over the course of the last nine months, the prosecutors assigned to my case in Suffolk County made one and only one "offer" to my attorney, and never engaged in any plea bargaining of any sort. The DA's offer was 9 months in jail (the relevant law calls for up to 12 months incarceration). This refusal to plea bargain was supported and indeed mandated at and from the very highest levels of the Republican-dominated government of Suffolk County.
7. Contrast this with the DA's office in Democratic Nassau County, which offered no jail time, 3 years supervised probation, i.e., the norm for such non-violent offenses (even for someone with a prior arrest record).
8. Violating the spirit, if not the actual letter of criminal procedure law, the judge in Suffolk County didn't order a probation report, calling it "unnecessary": he'd already made up his mind that the Suffolk DA's office is right and that I should be thrown in jail, even if this is revenge, not justice.
9. Everyone other than the Suffolk County DA's office and the judge -- that is, the judge in Nassau County (who did order a probation report), the Nassau County probation department, the therapist (a specialist in these matters with an on-going relationship with the Brooklyn Probation Department) whom I've been seeing twice a week for the last six months, et al -- agrees that this punishment obviously doesn't fit the crime, and that I am only being sent to jail (rather than being given probation) because of my political activism, especially with the highly publicized Surveillance Camera Players.
10. After being dropped due to lack of evidence on 8 Jan 2004, the charges in Nassau County were reinstated 23 Jan 2004, that is, after and in response to a highly favorable and very prominent article on me that appeared in the "New York Times" on 17 Jan 2004. My bail was also doubled in response to this article.
11. The slanderous article "Newsday" published on 23 Jan 2004 also ran in response to the article in the "Times," and not in response to my actual arrest, which took place several weeks previously. A good portion of the "Newsday" article is in fact about the article in the "Times." Note well the father of an alleged victim isn't outraged by my behavior or my actions, but by the coverage (praise) in a rival newspaper: according to a private investigator, none of his telephone numbers appear on the list of calls that I admittedly made.
12. Since this article came out, "Newsday" has pled guilty to fraud (a felony), paid large fines and fired several top people: to compete with the "Times" and other papers, "Newsday" illegally and consistently inflated its sales figures so as to generate more and continued artvertizing revenue. Such a campaign clearly also affected the content and direction of their "news" coverage.
13. Despite what has been printed in "Newsday", I have never threatened to rape anyone, and certainly not any children.
14. Contrary to what has been printed in "Newsday," there is no overlap between my political activities and the crimes that I committed, except to those (police officers, law-and-order types, right-wing journalists) who cynically want to use the latter to discredit or distract attention away from the former. Specifically and in direct contradiction to "Newsday," I wasn't caught in the act by surveillance cameras. Indeed, my own experience as a criminal proves the accuracy of my critique as an activist: I committed those crimes despite and with full knowledge of the existence of those cameras; they in no way deterred my activity and they did nothing to stop it once it had started.
15. Letters of support can be sent to me at POB 1115 NYC 10009-9998. Hostile letters will rebound back to their senders and affect their karma adversely.