FR has been reporting on New York State Supreme Court Justice Ronald Castorina, Jr. possible perjurious testimony in a grand jury proceeding on August 1, 2018.
Did NYS Supreme Court Justice Ronald Castorina Commit Perjury in Phony Facebook Case?
More Evidence of Judge Castorina’s Potential Perjury In Fake Facebook Case.
Judge Castorina Encouraged Fake Facebook, But Staten Island Swamp Beckoned Alliance With DA McMahon.
This article focuses on Judge Castorina’s testimony about his 2016 Republican primary when he ran against Janine Materna for NYS 62nd Assembly District.
We will look at never-before-published evidence and contrast it with his testimony. Then look at the legal implications of felonious, perjurious testimony.
August 1, 2018:
Richmond County District Attorney Michael McMahon sought the prosecution of Richard Luthmann, then a lawyer, now a writer for Frank Report. McMahon said he was a victim of Luthmann, who created Facebook and other social media pages to lampoon him when he ran for office in 2015.
One post lampooned McMahon’s campaign team and depicted them as an Irish Mafia family, listing his wife, then-Staten Island Administrative Judge Judith McMahon, as head of it.
As a “victim” of Luthmann, McMahon could not use his office to pursue Luthmann directly.
McMahon arranged to appoint a special prosecutor, criminal attorney Thomas Tormey, to indict Luthmann for felonies for using Facebook to mimic, heckle and impersonate him and others, including Castorina’s former opponent.
Attorney Tormey declined to prosecute Luthmann based on First Amendment concerns.
McMahon appointed a second special prosecutor, attorney Eric Nelson.
As special prosecutor, Nelson convened a grand jury to indict Luthmann. Nelson called then-NYS State Assemblyman Castorina to testify.
Nelson asked Castorina about his 2016 assembly campaign against Janine Materna, which got him elected to his first term in the assembly.
In the grand jury, Nelson showed Luthmann was behind a fake Facebook page that mocked, lampooned, and impersonated Materna.
Materna the Victim
Attorney Janine Materna
Janine Materna claimed the fake Facebook page Luthmann made was ruinous to her campaign and the cause of her defeat.
At first, she thought Castorina was behind it – for he had the motive.
“They are making false claims, and I’m getting physical threats,” Materna told the New York Post.
She said her campaign was derailed and “lost the race because of the fake profile and its posts.”
The Charges
It would be a first-of-its-kind prosecution. Nelson targeted Luthmann for felony charges of falsifying Facebook business records, identity theft, criminal impersonation, election law violations, and digital stalking.
Fake Materna Facebook Page
The issue was primarily not having this overturned based on First Amendment via state criminal penalties for identity theft and impersonation.
Was Castorina criminally impersonating Materna was the question?
One of the issues Nelson had to overcome was that at the top of the fake Materna Facebook page, Luthmann declared the Facebook page was not an official page for Materna.
Some postings and photos were satirical.
After Castorina could not find a photo of Materna with Hillary Clinton, the image below appeared on Facebook.
It was a Photoshopped image.
A cursory examination of the photo above reveals it is a laughably crude fake.
Castorina’s Role
Special Prosecutor Nelson showed Luthmann alone was behind the fake Facebook page, but his challenge was that Castorina was the beneficiary. Castorina got elected.
Castorina was not the target of McMahon’s prosecution.
The most important thing for Castorina was to get out of the way.
The Testimony
August 1, 2018, before a Richmond County grand jury, Ron Castorina testified. Four statements appear to warrant an examination for perjury.
Castorina Statement #1
[Luthmann] never indicated he was going to make a page or that nobody asked him to do anything like that.
Q. No, but from your own recollection at the time of the events, Assemblyman, from your recollection in terms of what was going on politically or — or in public at the time and in private based upon those messages, was there some discussion about a fear of — of yourself or your campaign coming across as bullying and that could have a negative impact?
A. Not my campaign, but I can tell you what the — I think there was kind of this notion and belief that Luthmann had created a fake Facebook page and that he was using that to attack Miss Materna.
Now, he never indicated that he was going to create a page or that nobody asked him to do anything like that, because he was also doing this kind of stuff on his — on his public page, but I believe that I had a discussion with Joe [Borelli, New York City Councilman] about how it might be Luthmann who’s doing this, I hope he stops because I don’t want people to think that I’m supportive of or that I’m behind this type of behavior, which I couldn’t prove.
He never admitted to me at the time. He admitted later on that it was him, but I believed that, if anybody, it was probably him.
Castorina Statement #2
Any communications that he had with me were unwanted communications
But any communications that he had with me were unwanted communications, and as an elected official, at times, people contact you that probably you don’t want them to, but you have to kind of placate them.
And we have crazy people that contact me. There are people that are just, you know, complainers. There are all kinds of people when you’re in the public eye. They will gravitate to you for whatever reason and they will seek you out.
Castorina Statement #3:
I Don’t Want to Deal With This Person, I Don’t Want To Talk To This Person, I Want Nothing To Do With This Person”
Castorina had contacted Luthman via private messaging on Facebook. Castorina swore he was only “placating” him:
A. And then on the private messenger side that wasn’t public, he would send all kinds of lewd, really disgusting pornographic-in-nature-at-times, racially-biased-at-times images that, you know, I would just kind of ignore or placate in some way, and, you know, just to — to get this person away.
I don’t want to deal with this person, I don’t want to talk to this person, I want nothing do with this person, but this person just keeps coming back.
Castorina Statement #4:
“[Luthmann] Was Someone I Would Typically Like To Avoid”
The special prosecutor asked Castorina if he was an associate of Luthmann.
Q. And how do you know Mr. Luthmann?
A. Mr. Luthmann is, I believe currently and was, a member of the New York State bar. He was an attorney, and so I knew of him from just appearing in the courts; you know, going to bar association functions where he would regularly be.
He was hard to — to miss and hard to not — he was hard to miss because he was always very — a very boisterous guy, a very big personality, and so he was somebody that I would typically like to avoid.
Castorina Statement #5:
“[A]ny Communications That He Had With Me Were Unwanted Communications”
The special prosecutor asked about communications with Luthmann. Castorina said Luthmann was crazy, and Luthmann contacted him without receiving encouragement from Castorina:
A. But any communications that he had with me were unwanted communications, and as an elected official, at times people contact you that probably you don’t want them to, but you have to kind of placate them.
And we have crazy people that contact me. There are people that are just, you know, complainers. There are all kinds of people when you’re in the public eye. They will gravitate to you for whatever reason and they will seek you out.
He was one of those such people, but, in addition to that, he was also an adversary representing people on the other side of certain cases that I had, and in particular —
Q. Just don’t —
A. Yes.
Q. Leave it at that.
Indicted
In late November 2018, Luthmann was indicted.
On November 29, 2018, District Attorney Michael McMahon was quoted in the The Staten Island Advance :
“As one of the victims in this case, I am happy the grand jury voted this indictment holding accountable this defendant,” said McMahon. “We know that he has been alleged to misuse many weapons in his arsenal… and, particularly here in this case, social media to allegedly steal people’s identities, further his criminal enterprises, and to try and subvert the election process.”
Evidence
Special District Attorney Nelson introduced some, but not all, Facebook Messenger messages between Castorina and Luthmann as evidence before the grand jury.
Nelson subpoenaed Luthmann’s entire Facebook record. As a result, he had every conversation before Castorina took the stand.
New York Perjury Law?
Judge Castorina gave testimony at a grand jury proceeding. He is subject to a class D felony defined in New York Penal Law § 210.15 if a future prosecution determines Castorina committed perjury.
NY PENAL LAW § 210.15
Perjury in the first degree.
A person is guilty of perjury in the first degree when he swears falsely and when his false statement (a) consists of testimony, and (b) is material to the action, proceeding or matter in which it is made.
Perjury in the first degree is a class D felony.
Judge Castorina’s Statements Compared to Facebook Messages Between him and Luthmann
As part of a contentious 2015 Staten Island District Attorney’s race and October allegations that a staffer for McMahon’s campaign, Kevin Elkins, stole lawn signs from McMahon’s opponents, Luthmann used the fake McMahon page to attack Elkins.
Castorina told Luthmann to “go easy on the kid, he just lost his mom.”
Seconds later, Castorina said, “doesn’t mean u should stop torturing him on FB lmfao.”
Luthmann: Elkins will have no future once I’m done with him.
Castorina: the smart criminals pay decoys to do it lol
eh go easy on the kid, he just lost his mom… stupid thing he didLuthmann: A guy with a ski mask and a shirt that says “I KILLED NICOLE BROWN SIMPSON” that looks a lot like Mr. Gilder
Castorina: doesnt mean u should stop torturing him on FB lmfao
lmfao- sounds about right
“decoy”
and u imediately call upon Mr. Gilder
lmfao
Castorina knew Luthmann was using Facebook in October 2015.
He said months before he campaigned against Materna, about McMahon’s campaign, “doesnt mean u should stop torturing him on FB.”
Castorina swore under oath that:
- [Luthmann never indicated he was going to make a page…
- Any communications that he had with me were unwanted.
- I don’t want to deal with this person
- I don’t want to talk to this person
- I want nothing to do with this person
- He was someone I would typically like to avoid.
On October 11, 2015, Castorina told Luthmann that Janine Materna had filed a campaign committee and was going to primary him next year “for sure.”
Luthmann: “Time for a fake Janine Materna site…”
Castorina: janine materna filed a committee- shes going to primary me for sure
she was roming around richmond town with that guy ron lauria yesterday tooLuthmann: Fuck them.
Time for a fake Janine Materna site…
From his messages, Castorina knew Luthmann intended to make a fake Janine Materna Facebook page in October 2015, 11 months before the election.
In the same conversation, Castorina said Materna had been preparing website capabilities for five years.
Luthmann had a one-word response: “Facebook…”
Castorina replied: “Yes – I need to talk to talk to you about that race, and I’m going to need your expertise.”
Castorina and Luthmann collaborated on strategy, including a search for a picture of Materna with Hillary Clinton to be used on Facebook “smear tactics.”
Castorina: that bitch has had a URL for assembly congress and senate for 5 years- shes fucking nuts
Luthmann: Facebook…
Castorina: yes- i need to talk to you about that race, and im going to need your expertise
Luthmann: Then turn it into RINO Janine Materna
FLIP FLOP
FLIPPITY FLOPPITY FLOOPCastorina: shes a republican, but she took the working fam parties endorsement and worked for hillary
Luthmann: Republican today…Dem yesterday
Is there a picture of her with Hillary?\Castorina: yes, so much bullshit- shes a first year law student- its like legally blond
im looking for one, but theres a few with chucky schumer
Castorina ostensibly consented that Facebook was a good idea before the campaign. He asked for Luthmann’s help.
In 2015, Castorina wanted Luthmann to do social media dirty tricks and help get him an endorsement on a third-party ballot line.
“I’d like to sit down with you soon,” Castorina said.
Luthmann asks, “Do you want the Reform Line?”
Castorina: id like to sit down with u soon
Luthmann: Ok. Let’s put it in the schedule.
Castorina: that XXXXX song is rather witty
Luthmann: Do you want the Reform line?
Castorina: lol
yes, the astorino line yesLuthmann: I can broker that too.
Larry is no longer the ChairmanCastorina: ok, maybe you should form a consulting firm…
what happened?
he resigned?Luthmann: He is 5% Larry. He joined the Reform Party.
Castorina: ha ha ha ha ha
Castorina wanted to sit down with Luthmann. He sought his advice.
Castorina ran on the Reform Line in the 2016 primary, delivered to him in part by Luthman.
Castorina: jimmy mo is 10%
i think larry is short changedLuthmann: He wants to support Trump, the NRA and cut political corruption in half. He will be half as corrupt as Jimmy Mo.
Castorina: hes a renaissance man for staten island. i think he should run against debi rose
only half? lol
Luthmann: Notice that he will still be corrupt…and he is honest abouut that…
Brothers have to get their rent money and their weed money from somewhereCastorina: honesty about your corruption really vitiates the negativity
Luthmann: I robbed you. I robbed all of you. But I was honest about it. SO you can’t blame me.
I think that was Bill Clinton’s slogan.Castorina: yea, its an all american statement- very wholesome
of u have time wednesday evening, maybe we can grab dinner at danico
On October 11, 2015, Luthmann shared the link to the Janine Materna Fake Facebook page with Castorina for the first time.
Castorina approved one of the links. He responded, “I want to crush her – such a phony bitch.”
Luthmann: “Poop Shoot Princess”
Shared Link: https://www.facebook.com/SeeYouNextTuesdaySI/
https://www.facebook.com/Janine-Materna-862847303822389/timeline/
Link title: Log in or sign up to view
Link description: See posts, photos and more on Facebook.Castorina: Ha ha ha
Luthmann: We’ll get her about 500 likes…
Castorina: I want to crush her- such a phony bitch
She’s such a phony self serving bitch. Can’t stand her
Castorina knew about the fake Materna page in October 2015.
On November 7, 2015, Luthmann told Castorina he formed the political consulting Castorina suggested: i.e., Dark Penguin Strategies LLC.
Castorina wanted to meet Luthmann.
Luthmann alerted Castorina that Materna messaged him about the Fake Facebook site.
Luthmann: Dark Penguin Strategies LLC has been formed…ready for an Assembly Election in the 62nd ED…
Castorina: Lmfao- so we need to get together over the next week or 2
Luthmann: Who sent you the link to like my page on Facebook? Someone is pretending to be me on Facebook
From Janine just now.
Castorina knew Luthmann was doing political work for him, confirmed by the “Dark Penguin Strategies, LLC” formation in November 2015.
He knew Luthmann indicated he was behind the Materna Facebook, and Castorina collaborated with him, and it appears he offered to pay Luthmann for his expertise.
The Castorina-Materna Republican Primary Election for NYS Assembly took place on September 13, 2016.
Less than one month before, Luthmann reported his fake Facebook posts to Castorina.
The first was a picture of Materna with former NYC Mayor Bill DeBlasio, a politician reviled in the Staten Island Assembly District.
The Facebook post stated: “We will have a conversation about Housing Projects on the South Shore. #NYCHATottenville.”
The post sparked backlash and anger in the voter base – Luthmann and Castorina’s goal.
The second post had Materna with reviled sex offender Anthony Weiner. That post said: “SOLID ON WOMEN’S ISSUES.”
Castorina replied: “lmfao ha ha ha.”
Luthmann: Shared Link: (DeBlasio Post) https://www.facebook.com/SeeYouNextTuesdaySI/photos/
a.863484487092004/1043645315742586/?type=3
Shared Link: (Weiner Post) https://www.facebook.com/SeeYouNextTuesdaySI/photos/
a.863484487092004/1043643762409408/?type=3
The Dark Penguin strikes!Castorina: Lmfao ha ha ha
Don’t forget this one (Holder and Materna picture)
Luthmann: In a news feed near you very soon!
Castorina: good!
shes a vicious animalLuthmann: Ah yes. But I’m Luthmann!
Castorina: Lol
Luthmann: Shared Link: (Holder and Materna Post) https://www.facebook.com/SeeYouNextTuesdaySI/photos/
a.863484487092004/1043665285740589/?type=3a.863484487092004.1073741830.862847303822389/1043665285740589/?type=3&theater
Castorina: That’s just hysterical wow
On August 21, 2016, at 6:37 pm, Castorina sent Luthmann a picture of Materna with Obama Attorney General Eric Holder.
At 6:40 pm, three minutes later, the picture was posted to the Materna Fake Facebook page with the caption: “BLACK LIVES MATTER #BLM.”
Castorina said, “That’s just hysterical wow.”
On August 30, 2016, two weeks before the primary election, Luthmann sent a message to Castorina. “I think we have to do a new video,” he said. “Janine Materna is not a democrat. Janine Materna is a cunt.”
“She’s a rotten one at that,” Castorina replied.
Luthmann said, “Janine Materna XXX?” and sent a photoshopped picture of a blonde woman performing a lewd act on a man. “She will jump in front of a bus,” Luthmann said.
Castorina replied: “Lmfaooo omg. Her and Weiner. There’s her pearl necklace she always wears”
Luthmann: I think we have to do a new video.
Janine Materna is not a democrat. Janine Materna is a cunt.Castorina: She’s a rotten one at that.
Richard Luthmann: Janine Materna XXX?
(Sends lewd photoshopped picture)
She will jump in front of a bus.Castorina: Lmfaooo omg.
Her and wiener
there’s her pearl necklace whe always wears…Richard Luthmann: “Carlos Danger and me.”
Castorina: That’s just terrible OMG lol
On September 7, 2016, less than a week before the primary election, Luthmann sent Castorina a message saying the hashtag #NYCHATottenville would be trending.
The #NYCHA Tottenvilla came from the Materna fake Facebook.
Castorina responded, “Good as it should be!!!!!”
Luthmann: I have a feeling that #NYCHATottenville will be a topic of conversation the next few days.
Castorina: Good as it should be!!!!!
On September 12, 2016, the night before the election, Tina Moore and Carl Campanile of the NY Post broke an article entitled: Fake Facebook page smears state assembly candidate.
At 6:32 pm, Luthmann forwarded the story to Castorina, who replied, “she’s nuts.”
Luthmann said, “she must have missed that whole First Amendment thing in law school.”
Luthmann: Shared Link: Fake Facebook page smears state assembly candidate
http://nypost.com/2016/09/12/fake-facebook-page-smears-state-assembly- candidate/
WowCastorina: She’s nuts
Luthmann: she must have missed that whole First Amendment thing in law school.
Castorina testified in the grand jury in a manner calculated to persuade jurors that Luthmann acted alone and was solely guilty.
Though Castorina was the chief beneficiary of Luthman’s efforts,
To reiterate, Castorina testified:
- [Luthmann] never indicated he was going to make a page…
- Any communications that he had with me were unwanted.
- I don’t want to deal with this person
- I don’t want to talk to this person
- I want nothing to do with this person
- He was someone I would typically like to avoid.
Perjury?
New York Penal Law § 210.15
Perjury in the first degree.
A person is guilty of perjury in the first degree when he swears falsely and when his false statement (a) consists of testimony, and (b) is material to the action, proceeding or matter in which it is made.
Perjury in the first degree is a class D felony.
NY PENAL LAW § 210.30
It is no defense to a prosecution for perjury that:
1. The defendant was not competent to make the false statement alleged; or
2. The defendant mistakenly believed the false statement to be immaterial.
[…] On-Point Evidence of Judge Castorina’s Perjury in Grand Jury Proceeding. […]
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Clearly Castorina is a lying POS with hatred toward women, but investigating Castorina would call for an investigation against the special prosecutor who assisted Castorina with his lies and omissions.
The government is loathe to look at its own. Corrupt as hell. Not sure who would be compelled to take this on.
Are these articles being filed anywhere? To demonstrate wrongdoing/make formal complaint against Castorina?
The problem is Luthmann is obnoxious and underhanded. He’s not a sympathetic character.
Well he paid the price for being obnoxious, which was not always a crime. In fact, it is only a crime if you are obnoxious to the wrong person. In the kingdom of Staten that wrong person was the District Attorney.
I’m sorry anonymous. I’m trying to change. The last four years of my life have not been fun. But I think I’m a better person now.
Does Castorina have any history/prior complaints of alleged misconduct?
Luthmann sends Castorina a direct link to the fake FB page, and Castorina then reminds him to include the picture of Holder and Materna on the fake FB page. Luthmann confirms it’ll be coming soon.
The grand jury was deprived of critical information by the special prosecutor. This indictment was manipulated, and favors paid behind the scenes. Target was Luthmann, and Castorina used Luthmann to get ahead, and then threw him under the bus for his own self interest. No loyalty, no ethics, no substance. Castorina is an embarrassment to the bench. And personally he is despicable.
His vile language when referring to women was tossed out with ease and no provocation. I expect he is a biased judge from his negative, depraved commentary.
Luthmann: Shared Link: (DeBlasio Post) https://www.facebook.com/SeeYouNextTuesdaySI/photos/
a.863484487092004/1043645315742586/?type=3
Shared Link: (Weiner Post) https://www.facebook.com/SeeYouNextTuesdaySI/photos/
a.863484487092004/1043643762409408/?type=3
The Dark Penguin strikes!
Castorina: Lmfao ha ha ha
Don’t forget this one (Holder and Materna picture)
Castorina perjured himself repeatedly.
“[Luthmann] never indicated he was going to make a page…
Any communications that he had with me were unwanted.
I don’t want to deal with this person
I don’t want to talk to this person
I want nothing to do with this person
He was someone I would typically like to avoid.”
Each of these statements has been proven false with the evidence provided on FR. How is it that special prosecutor avoided presenting all of this information when he had contents of Luthman’s entire FB account?
It’s evident the prosecutor was given a directive (likely from McMahon) that said to eliminate Castorina of all wrong-doing. He literally coaches Castorina — to prevent him from saying too much. Warning– “just don’t” and “leave it at that.”
Q. Just don’t —
A. Yes.
Q. Leave it at that.
No moral compass. Castorina should step down from the bench; not wait to be forced out of his position. Show he has some ethical principles, and step down.
He clearly has no respect for women. He’s an embarrassment to the judiciary.
Judge Mundy sentenced Luthmann to “time served” three years into his Federal bid. That means he basically got three years for Fake Facebook pages with a disclaimer.
Castorina should get at least three years and a day for perjury. The fact that he thought he was above the law as a judge makes his activity far worse than Luthmann’s. Luthmann ran around like some big clown. Castorina was an Assemblyman, the Republican Party Leader, and now a Judge.
Also Eric Nelson, the Special Prosecutor should come clean on McMahon’s involvement or else he should share the cell with Castorina for subordination of perjury. Nelson had to have had all of these messages and still let Ron say what he said on the stand – full-blown, unquestionable perjury. The only question in my mind is how and who pressured/manipulated him. Thomas Tormey was the first Special Prosecutor and he gave the case back. Smart man.
I have a feeling that this is just the tip of the iceberg. There were a lot of politicos / lawyers who took the stand in Luthmann’s grand jury. Anyone of them could fall into a perjury trap, including McMahon himself who testified, which for a lawyer means losing their license:
Michael McMahon
Michael Ryan
Ashleigh Owens
Joe Borelli
John Gulino
Stuart Brenker
Janine Materna
Debi Rose
If New York Attorney General Letitia James starts reviewing grand jury testimony, she might have a field day. McMahon’s Maybury RFD is about to get perp-walked.
Besides committing perjury, Castorina lacks morals. There’s no respect in his language and he gleefully indulges in derogatory banter with Luthmann.
He’s a conniver and schemer. He applauds and contributes to Luthmann’s underhanded tactics and inspires and encourages Luthmann for his own personal gain.
Time to step down from the bench.
Political games- dirty games but Luthmann made a disclaimer. Not sure how this is a crime or criminal impersonation.
He identifies it as an unofficial fan page and even gives the link to her official page.
Looks like McMahon was out for revenge and would get it, if he could silence Castorina.
It’s great a high court judge degrades his rival by calling her a dirty cunt and suggests sexual acts with Anthony wiener.
This is the mentality of a “dignified” judge. God help us.
They’re both vile. Castorina has no business being a judge.
What I can’t believe is that this series of articles is the topic of conversation at every political function on Staten Island, in the Staten Island Court House and in numerous connected restaurants and bars, where the hell is the SI Advance on this??? Are they that deep in the tank?? Come to think of it, where the hell is NY 1 on this story. After all it is their story that broke the connection with Castorina over a year before he testified that their was no connection???