In 2020, New York State convicted Richard Luthmann for operating half a dozen satirical and political Facebook pages, which a special prosecutor claimed impersonated political figures in New York City.
Even though disclosures on the Facebook pages that they are not official pages of candidates, and content that clearly showed the pages were lampooning, an emboldened Special Prosecutor, Eric Nelson, secured an indictment of Luthmann.
Nelson, a struggling attorney in Staten Island, depends on City and County assignments.
Nelson’s assignment to indict Luthmann came from the top. One of Luthmann’s Facebook targets was Richmond County District Attorney Michael McMahon.
DA Michael McMahon and Judge Judith McMahon
McMahon wanted Luthmann indicted after he used Facebook to mock him, calling him “Smilin’ Jack,” and asked whether his wife, State Supreme Court Justice Judith McMahon used her influence to refer McMahon’s cases to sympathetic judges.
Luthmann’s satirical McMahon Facebook page had, for instance, a “breaking news” story that spokespersons for breakfast cereals endorsed McMahon for DA, and included endorsements from Tony the Tiger, Captain Crunch, The Trix Rabbit, Count Chocula, and the Lucky Charms Leprechaun.
McMahon’s Lucky Charms “Endorsement”
Another story on Luthmann’s Facebook showed lawn signs promoting McMahon as “Tax Hike Mike” – a reference to McMahon’s former stint as an NYC councilman when he voted to raise property taxes 18.5 percent.
Luthmann published a photo of McMahon next to the Grinch.
Another photo showed McMahon as the underboss of the McMahon Organization and the Boss, his wife, Judge McMahon.
While it might be hard-hitting or funny, depending on your point of view – or even nasty, the First Amendment protects all kinds of speech.
This is not shouting “fire” in a crowded theater.
Even if Luthmann had not clearly labeled the McMahon Facebook page “unofficial,” it is hard to imagine how anyone would think McMahon published the Facebook page.
But it is not wise to insult a DA, especially one who is not above using the color of law to get his enemies. McMahon sought to have a grand jury indict Luthmann for lampooning him.
He had two challenges.
The First Amendment protects lampooning.
Two, he was the victim, so he could not indict directly.
McMahon sought to cure the First Amendment problem with the allegation that Luthmann was trying to make people believe it was McMahon himself publishing pictures of himself with the Grinch or Tax Hike Mike signs, so he could claim it was criminal impersonation.
McMahon solved his second problem by arranging the appointment of a special prosecutor – a dependent attorney – to indict Luthmann.
The case was remarkable, as the special prosecutor had to be schooled on avoiding the First Amendment in front of the grand jury, as email evidence shows.
It is also remarkable that the critical grand jury witness, State Supreme Court Justice Ronald Castorina, Jr., a beneficiary of one of the Luthmann Facebook lampoon pages, provided essential testimony that he barely knew Luthmann and knew nothing about the Facebook pages.
Judge Castorina encouraged and participated in creating and searching for content for the Facebook page lampooning Castorina’s opponent for the State Assembly.
However, Judge Castorina’s efforts to support District Attorney Michael McMahon’s vendetta against Luthmann could lead to criminal jeopardy.
While McMahon may wash his hands and deny any conspiracy to indict Luthmann falsely, Judge Castorina seems to have given testimony larded with perjury – provable by Judge Castorina’s private messages to Luthmann.
Luthmann served two years for the bogus offense, mainly because he was indicted on unrelated federal charges and could not mount a defense while in federal pretrial custody.
Now out of prison, Luthman filed a 264 page motion in New York State Supreme Court calling for Justice Marina C. Mundy, who sentenced Luthmann, to refer Judge Castorina’s potential perjury to New York State Attorney General Letitia James for criminal charges.
Justice Mundy will hear Luthmann’s request, with a return date set for February 14, 2023.
NYS Supreme Court Justice Marina C. Mundy
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.
On-Point Evidence of Judge Castorina’s Perjury in Grand Jury Proceeding.
How Serious Is This for Judge Castorina?
Judge Castorina – then an NYS Assemblyman – appeared on August 1, 2018, before the grand jury.
Richmond County Special District Attorney Eric Nelson led the prosecution, and the grand jury issued an indictment based primarily on Castorina’s testimony and Nelson’s dubious presentation.
Luthmann included all the Facebook Messenger messages between him and Judge Castorina. Frank Report published many of these private messages, which show a pattern of outrageous perjury by Judge Castorina.
Luthmann Motion to Refer Judge Ronald Castorina Perjury to NYAG Letitia James
In his motion, Luthmann also asks Judge Mundy to disqualify Special Prosecutor Nelson, claiming Nelson committed prosecutorial misconduct, including the felonies of aiding and abetting the unauthorized practice of law and the subornation of perjury of Judge Castorina.
Luthmann also requests that Special Prosecutor Nelson be precluded from billing New York City more fees on the case.
DA McMahon tapped Special Prosecutor Nelson, an attorney in private practice, to indict Luthmann.
Records show Nelson billed $700,000+ to the NYC Comptroller’s Office for services rendered on this prosecution and other matters.
“I’m ready for a fight,” Luthmann said. “These Swamp Creatures committed multiple felonies to get a bogus felony indictment on me. I did three years for Fake Facebook satire and lampooning. They should all do at least three years and a day for extreme violations of the public trust,” Luthmann said.
New York State Supreme Court Justice Ronald Castorina
Luthmann asked Judge Mundy to vacate his felony conviction and dismiss the indictment with prejudice.
Luthmann claims, in addition to claims Castorina offered perjured testimony, that Nelson’s legal consultations with Perry Reich, a disbarred attorney who did federal prison time, violated the law.
Nelson sought out the disbarred lawyer to guide him on how to avoid the apparent legal challenge, which is that the First Amendment protected Luthmann’s activities.
Luthmann’s recent filing included an email between Special Prosecutor Eric Nelson and disbarred felon Perry Reich. Luthmann asked Judge Mundy to refer the matter to attorney disciplinary authorities to consider whether disbarment actions are indicated by the conduct of Judge Castorina, Attorney Nelson, and DA McMahon.
Luthmann also filed an Attorney Grievance with the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts based upon Ronald Castorina and Eric Nelson’s conduct.
Filed Grievance against Ronald Castorina and Eric Nelson
Richard Luthmann and New York State Attorney General Letitia James in Albany, New York, in 2012. Luthmann also filed an Official Public Corruption Complaint with the Office of New York Attorney General Letitia James’s Public Corruption Unit, supplemented by this recent Supreme Court filing.
Frank Parlato 
Janine Morrison 
J.J. O'Hara 
Richard Luthmann 
Marie White 
Paul Serran
What was Luthmann’s motivation for going after these political competitors? Who was paying him off?
Considering the fact that Luthmann lost his livelihood, his marriage, and his freedom due to the Perjury of Castorina, who he thought was his friend, and the manipulation of evidence of Nelson, my bet is that his motivation is pure vengeance. His motivation seems like it came straight out of Alexandre Dummas’ “The Count of Monte Cristo.”
Not to mention the fact that if the courts does vacate his conviction based on Castorina’s Perjury and Nelson’s Subornation of Perjury and withholding of evidence and intentional misapplication of the law, Luthmann will be on track for multi-million dollar legal claims against NY City, NY State, and both Nelson and Castorina personally.
I think the OP’s question was about what motivated him to create the fake accounts in the first place. Was someone paying him to do it?
I agree with you about the similarity to the Count of Monte Cristo though.
Why not take a tip from Nelson Mandela:
“As I walked out the door toward the gate that would lead to my freedom, I knew if I didn’t leave my bitterness and hatred behind, I’d still be in prison.”
Castorina and Luthmann are pigs cut from the same cloth. Sometimes you win, sometimes you lose. But dirty players don’t deserve to use taxpayer money to set them free.
They don’t play fair. So too bad they got an unfair outcome.
McMahon won’t get a thing. He can ask all he wants, but no one need comply.
Castorina was the lying sac of shit that denied his role in the creation of FB parody’s.
I still don’t get how Luthmann could be held liable for any of those Facebook posts. It’s not his fault that some member of the public are morons.
Why is no one suing Facebook of this conduct posted was so criminal?
Where were the Facebook police? Too busy taking down accurate info that vaccines lead to sudden cardiac deaths?
Luthmann is vile. His comments about women are derogatory and filthy. He has zero respect for women. He is a ruthless politician (now disbarred attorney) who gets off on winning and playing games with the lives of others.
However he should be financially compensated by the state bc he was wrongly imprisoned. His actions are covered under the first amendment and he did not get a fair trial when the prosecutor was burying exculpatory evidence and allowing Castorina to blatantly lie— when he had evidence that Castorina contributed to the Facebook posts, made suggestions and encouraged/directed Luthmann to do it, and was indeed a close ally and supporter when he needed Luthmann to serve his purposes.
Is it a violation of the law to consult with a disbarred attorney?
It is a Felony in NY State for a disbarred attorney to act as an attorney or give legal advice, except if they are representing themselves in a matter. It is also a Felony in NY State, and against the code of professional ethics, for a Licensed Attorney to seek out a disbarred attorney for legal advice. it is called Aiding in the Unauthorized Practice of Law.
Most attorney’s and the Bar Association normally prosecute such behavior diligently, to protect the integrity of the legal profession.
“It is a Felony in NY State for a disbarred attorney to act as an attorney or give legal advice, except if they are representing themselves in a matter.”
What if a lawyer disbarred in NY State moved to a different part of the U.S. where that same behavior was not a felony? Are they then in the clear? I can see that the second part would still apply though.
It looks like Ron Castorina and Eric Nelson are toast. The only question is whether they flip on McMahon. I bet Tish James would gain big with the progressives if she could rid the world of a prosecutor like McMahon, who fights Alvin Bragg, Brad Lander, and social justice at every turn.
Looks like Ron Castorina and Eric Nelson are toast. The only question is whether they flip on McMahon.
How nice to see Chicago politics aren’t solely a Chicago thing – cronies, malicious prosecution, perjury, oh my!
That story is everything right now. We need many more FR contributors like Richard Luthmann as soon as possible.
Political lampooning was everywhere in 2015 and Luthman’s lampooning had good intentions. Throughout history, Luthman’s kind of political lampooning served to wake up sleepy people. Getting good people to protect good government isn’t an easy task and Luthmann’s lampooning was obviously meant to wake up the sleepy.
150 years ago, political cartoons were used on all sides for propaganda, alarm bells and bright lights.
New York State Supreme Court Justice Ronald Castorina used Luthmann, then said he didn’t. When that kind of small time corruption turned into political propaganda that took on a life of its own, someone should have raised the red flag back then.
That’s when more lampooning, more alarm bells and more bright lights should have called attention to what was happening. It’s not too late for that now.
Castorina’s small time corruption using Luthmann’s good intentions is the kind of thing that can eventually bring down nations. Castorina is compromised. When sleepy people allow the wrong kind of people to take power and control, the cure is more lampooning, more alarm bells, more bright lights, more good judges and more good Attorney Generals, not less.
Are NYS Supreme Court Justice Marina C. Mundy and Leticia James just puppets on strings? Do those two women have minds of their own? If both women have the kind of conscience it takes to rise above those politics of obvious lawlessness, we’re all going to be okay, eventually. It looks like it will take a while to get there, though. Good things take time.
“Luthman’s lampooning had good intentions”
Many argue that Keith Raniere, Clare Bronfman, Nancy Salzmann, and Allison Mack also had good intentions, and look where it got them.