Judge Castorina Distinguishes ‘Not Good Speech,’ Kitchen Speech and Perjury

Judge Castorina’s Testimony vs Facebook Mesages

New York State Supreme Court Justice Ronald Castorina Jr is potentially on the hot seat.

His challenge is the stark contrast between his 2018 grand jury testimony as a witness in the People of NYS v Richard Luthmann and the Facebook Messenger message he exchanged with Luthmann two to three years earlier.

Does It Rise to the Level of Perjury?

FR’s analysis is not meant to condemn Judge Castorina for his ‘gutter’ language on Facebook, for that is protected speech, but to help experts determine if he perjured himself in the grand jury.

His calling his female opponent, Janine Materna, a “rotten cunt” or a “phony bitch” in Facebook Messenger messages to Luthmann is not the issue.

Attorney Janine Materna claims that Castorina had a hand in digital "smear tactics" in their 2016 N.Y.S. Assembly primary election. A Castorina associate was later convicted of falsifying business records and criminal impersonation.

Attorney Janine Materna ran against Ronald Castorina in a 2016 N.Y.S. Assembly primary election.

What is an issue is that in the grand jury, Judge Castorina said Luthmann was the vulgar one, he found it offensive and certainly would not talk like Luthmann – at least not at the kitchen table.

Luthmann asked Judge Marina Cora Mundy to refer Castorina and attorney Eric Nelson, who acted as special prosecutor in the Luthmann case, to NYS Attorney General Letitia James for potential prosecution.

FR’s purpose here is to compare Castorina as he speaks in Facebook Messenger conversations, and how he speaks in the grand jury, to make it easy for Judge Mundy, Letitia James and possibly federal prosecutors considering conspiracy charges to evaluate the matter.

The Facebook Messenger conversations are not newly discovered evidence. Nelson subpoenaed them in 2018, and it appears also suppressed them to enjoy what might be the subornation of perjury to get an indictment.

Smiling Jack

Castorina on Facebook September 11-12 2015:

In 2015, Luthmann created a fake Facebook page for Democratic District Attorney Candidate Michael McMahon.

Luthmann referred to McMahon as “Smiling Jack” and McMahon’s advisor, former Judge Carmen Cognetta, as “Girl Get On Your Back.”

The latter reference was sexual harassment allegations that forced Cognetta to resign from the Family Court bench in 1993.

Luthmann sent Castorina this image, which appeared on a fake Mike McMahon Facebook page.

McMahon Grinch

Castorina: Lmfao- fucking hysterical ha ha ha. Your the best rich. I just got home and saw this and cracked up. It’s spot on. Lol

Luthmann sent another image from the fake Facebook page:

Castorina: Wow- lmfao girl get on your back— holy shit – I’m fucking pissing my pants lmfao- wow ha ha ha

Luthmann: 😃

Fuck him.

Smiling Jack ain’t too happy with me.

Castorina: what happened

Luthmann: I am responsible for all his problems apparently.

Castorina: i love the smiling jack reference and “girl get on your back” fuckin amazing

Castorina’s Grand Jury Testimony

In extraordinary testimony, Judge Castorina in somber tones was shown and asked to describe the Grinch and McMahon photos.

Castorina neglected to state his first reaction was “Lmfao- fucking hysterical.”

CASTORINA [shown the Grinch and McMahon photos]: He [Luthmann] compared D.A. McMahon to a Dr. Seuss character in a photograph. He put two photographs side by side. It shows D.A. McMahon looked like he was in a frowning — has a frowning face on, and then the Dr. Seuss character has a similar frowning face.

NELSON: Now does that fairly and accurately represent what you observed around the time period of September of 2015, which would be several months before the District Attorney’s general election?

CASTORINA:  And at least seven months before my first election, yes. It does accurately represent a — a message — I mean a message, if you will, because it’s two photographs that was transmitted to me by Mr. Luthmann.

NELSON: And how about the next photograph, sir?

Castorina was shown the following photo and in an utterly astonishing statement, he claims he was not sure what Luthmann was referring to. Yet in 2015, Castorina messaged Luthmann, “I love the smiling jack reference and “girl get on your back” fuckin amazing.” 

CASTORINA: The next one had — it says, Smiling Jack and Girl Get On Your Back. Meet Team McMahon. Is this who you want keeping Staten Island safe?

I don’t know who he’s referring to as well. I guess he’s referring to D.A. McMahon as Smiling Jack, I guess. I don’t know. I would be speculating to say.

But clearly there are two photographs, one of what appears to be D.A. McMahon and another which looks like former Judge Cognetta.

[It “looks like” Judge Cognetta? He’s not sure? But in 2015, Castorina was sure. He messaged Luthmann, “I love the smiling jack reference and “girl get on your back” fuckin amazing.” 

Fake Janine Page

Castorina Messenger October 11, 2015:

Eleven months before the election, Castorina learned Janine Materna would run against him in a primary for the New York State Assembly.

Castorina reached out by Facebook Messenger to tell Luthmann and  get his help.

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 too

Luthmann: Fuck them. Time for a fake Janine Materna site.

Castorina: that bitch has had a URL for assembly congress and senate for 5 years – she’s fucking nuts

Luthmann: Facebook…

Castorina: “Yes.”

{Note that Castorina assented when Luthmann said Facebook after revealing that it would be a fake Facebook page. Castorina tells Luthmann he needs his help.]

Castorina: I need to talk to you about that race, and I’m going to need your expertise.”

Luthmann [advising him how to win in this heavily Republican district of Staten Island:] Then turn it into RINO [Republican In Name Only campaign] Janine Materna. FLIP FLOP FLIPPITY FLOPPITY FLOOP

Castorina: shes a republican, but she took the working fam parties endorsement and worked for hillary [Clinton]

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 [of Materna with Hillary Clinton], but theres a few with chucky schumer

Castorina’s Grand Jury Testimony

As their Facebook messages show, Castorina and Luthmann collaborated on a search for a picture of Materna with Hillary Clinton to be used on Facebook. Castorina called her a “bitch” and “legally blond.”  He knew Luthmann’s intent was to smear Materna and he wanted to help him with a fake Facebook page.

Let’s see what Judge Castorina said in the grand jury three years later, on August 1, 2018.

SPECIAL PROSECUTOR NELSON: At one point, if you recall, did he [Luthmann] say that it’s time for a Janine Materna page?

CASTORINA: Yes. Yes, he did.

NELSON: And — and in your opinion, when you received that [message], did you form any opinion in your mind as to what he meant from his words as to a Janine Materna page?

CASTORINA: Well, you know, you never know what to believe when this individual, Mr. Luthmann, says something.

So, frankly, I would assume at that point that he may have been talking about either a fake page or a page where he would — a satirical page where he would clearly be making fun of her to people and not in a way that was subterfuge, you know, either/or, or probably what he was talking about in that type of message.


Castorina did not know what to believe? Then how come he did not testify that he sought Luthmann’s expertise?  


‘Not Good Speech’

Castorina’s Messages on October 11, 2015:

Luthmann shared links with Castorina from the Janine Materna fake Facebook page he created.

Luthmann: shared a link entitled “Poop Shoot Princess”

Castorina: Ha ha ha

Luthmann: We’ll get her about 500 likes…

Luthmann sent a link to this image

Castorina Materna Facebook SeeYouNextTuesdaySI Snapshot

Castorina approved the link: SeeYouNextTuesdaySI. – which is also spelled C U N[ext] T [Tuesday]

Castorina: I want to crush her – such a phony bitch
She’s such a phony self serving bitch. Can’t stand her

Castorina’s Statements August 30, 2016:

On August 30, 2016, two weeks before the Primary Election, Luthmann sent a message to Castorina.

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.

Luthmann: Janine Materna XXX?

Castorina Materna XXX Pearl Necklace
Castorina Materna XXX Pearl Necklace

Luthmann sends lewd photoshopped picture to Castorina

She will jump in front of a bus.

Castorina: Lmfaooo omg. Her and wiener
there’s her pearl necklace she always wears…

Luthmann: “Carlos Danger and me.”

Castorina: That’s just terrible OMG lol

Castorina’s Grand Jury Testimony:

NELSON: And you’re also aware of the fact that there’s constitutional protections for free speech?

CASTORINA: That’s correct.

NELSON: I’m not going to ask you to characterize this, but would it be accurate to say that the line political speech, free political speech and other actions in this case that there certainly could be a difference?

Castorina: Well, certainly I — I don’t believe that I can characterize the speech as either political or –or anything other than what it is. It’s lewd. It’s lascivious. It’s outrageous at times.

It’s not the type of conversation that I’d want to have at my kitchen table clearly.

So it’s — it’s not good speech. It’s not the type of speech that I welcome or that I wish to participate in in any way, and certainly I would characterize it generally as unwelcome.


Castorina calls Luthmann’s speech unwelcome, and to get away with this, he had to know that Nelson would suppress the equally offensive speech Castorina made in response to Luthmann.

Nelson only showed Luthmann’s vulgarity and scrupulously avoided showing the grand jury Castorina’s vulgarity.

Castorina and Nelson may be subject to felony indictment and prosecution. Luthmann filed an official complaint with New York State Attorney General Letitia James’ Public Integrity Unit.

If ethical violations are found, Castorina and Nelson, both licensed attorneys, may be disbarred.

As a sitting New York State Supreme Court Justice, Castorina also faces sanctions from the New York State Commission on Judicial Conduct. A formal complaint was filed.

FR called Judge Castorina on his cell phone for a comment for this story. A man answered the phone, and when this writer identified himself, the call suddenly “dropped.”

A immediate follow up went to voicemail. A message was left.

Calls to Eric Nelson, Perry Reich, Thomas Tormey, and Lucien Chalfen from the New York State Office of Court Administration were not returned.

A phone call to Janine Materna was answered by a man who identified himself as her fiance. He stated she was not inclined to comment on the matter.

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Frank Parlato

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Castorina is a Bad Dude
Castorina is a Bad Dude
9 months ago

Luthmann’s no angel, and he went to jail. Castorina was right there with him, and now he’s a Judge?

All you have to prove for perjury is a knowing and intentional lie. There are at least 10 counts of Ronald Castorina’s perjury from what I have seen so far.

The sad part is about how disloyal Castorina is to Luthmann, who was his friend. Luthmann wrote all about this on his Substack page:

Ronald Castorina – Disloyal

If you want the back story on my dealings with Ron Castorina, it is out there. Read Frank Parlato’s ongoing exposé.

I let Ron have it in a letter I wrote him dated October 27, 2022. The proof there is daming.

There are only three animals that actively hunt mankind. Polar bears, lions, and other men. And all three need to be triggered.

What triggered Ron as my prey (in the legal arena) is reading the transcript from the August 1, 2018, grand jury in the Kangaroo Court Case that was People v. Luthmann. The real story that no one knows is that Ron and I were colleagues and friends. Ron has even admitted this to political people saying, “You know politics as well as I do, I had to distance myself from Rich.”

I had no problem with Ron doing that. In fact, the August 25, 2017, Facebook post that “cleared” Ron politically was something I did for my friend.

I closed that post like this:

From Plato to Machiavelli to Hannah Arendt, the practice of politics has never been tied to truth. It is tied to distributive justice whereby there are great “noble lies” to borrow a Platonic term. And the Supreme Court of the United States agrees:


And finally, Ron Castorina has no knowledge of the contents of this email. Nor does any other elected official. This is all me – setting the record straight for my friend. If you’re with me, I’m with you to the Gates of Hell.

“We few, we happy few, we band of brothers;

For he to-day that sheds his blood with me

Shall be my brother”

-Henry V, Act IV

In one paragraph, I said politics has nothing to do with truth, and quote a Time Magazine article: On Your Mark, Get Set, Lie: Supreme Court Weighs Truth in Politics.

In the next paragraph, I lied. Vintage Luthmann.

“Ron Castorina has no knowledge of the contents of this email.” This statement is false, and demonstrably so.

I made the Facebook post from Lake Placid, New York. I was at the NYS Kiwanis Convention. I was sitting on the hockey arena floor where they played the Miracle on Ice. Ron was on the phone with me crying about how they were calling for him to resign the Republican Party Chairmanship and that he needed “cover.” I drafted the Facebook post on my smartphone. Attorney Sean O’Sullivan was sitting next to me helping. O’Sullivan – Castorina – Luthmann. Where have we seen those three together before?

In fact, Sean O’Sullivan is the lynchpin to much of what is going to happen. Sean has been around Republican Party politics for a long time. He’s seen a lot of people come and go. He’s lasted because he generally tells the truth. And in the case my lawyers are filing this week, Sean has already received a spoliation notice. Sean is Ron’s “cut-out.” Sean and Ron are business partners. And lawyers know, in many situations, the actions and knowledge of one partner can be imputed to the other.

I don’t think Sean is going to lie for Ron. Sean isn’t going to get his ticket pulled. In fact, I’m pretty sure Sean and Ron have already had a conversation about just how screwed Ron really is. Sean is getting subpoenaed right away – and you watch the legal maneuvering that will go on to try to block and/or delay his testimony. Once Sean goes on the record, Ron will lose his black robe, if he hasn’t already.

Back to the Facebook post above. In the grand jury transcript, the Special Schmuck, Eric Nelson, goes through the entire August 25, 2017, Facebook post – co-authored by Luthmann, Castorina, and O’Sullivan on the record. Ron’s sworn testimony is a lie. He denies involvement with the post, including its authorship or collaboration.

The problem is that Eric Nelson, an incompetent-by-design special prosecutor, had subpoenaed all of my Facebook and Verizon Phone records. We know this because Nelson billed and bilked NYC taxpayers out of hundreds of thousands of dollars claiming he read them.

If anyone looks at the phone records from August 25, 2017, they see numerous calls between Luthmann and Castorina that day. Castorina initiated the calls. Luthmann was at a convention. He wasn’t calling Ron from Lake Placid because he was a “crazy person” that needed to talk to an Assemblyman. Anyone who knew me then knows I felt a greater need to talk to the bartender than an elected official, particularly on the weekend.

Ron wasn’t “placating Luthmann” on the call Ron initiated. Ron was in tears they were calling for his resignation as Party Leader. For example, Ron had choice words about Letitia Remauro telling him it must have been a “dark time” for him to have consulted with Luthmann. I told Ron not to worry. I was a warrior. I would take the blows for my friend and my client. I grabbed Sean O’Sullivan, and we got to work.

But don’t take Luthmann’s word for it. Look at the phone records. They don’t lie. The FBI gets warrant applications, arrests, and indictments on less “coordination.” Nelson had the phone records. They contradicted Castorina’s sworn testimony. Both sets of evidence were offered to the grand jury. One set is necessarily false.

And therein lies why I have to destroy Ronald Castorina legally and politically. Loyalty. Not to me, but to THE TRUTH.

If Ronald Castorina testified truthfully on August 1, 2018, there would have been no indictment. The sitting Assemblyman and Judicial Candidate would have defended Luthmann’s actions as within the purview of the First Amendment because Luthmann’s actions were also Castorina’s.

Instead, the lawmaker and his accomplice, the incompetent-by-design Special Prosecutor, proceeded to bastardize the facts and the law.

Staten Island, New York. Where the Judges, the Lawmakers, and the Prosecutors tell you what speech is “not good speech.” There are other places where they do that too. Beijing, Tehran, and Pyongyang.

But wait, there’s more. What about grand jurors that might have questions about the First Amendment given Castorina’s testimony? Eric Nelson, whose job as a prosecutor was to truthfully advise the grand jury, squarely told them he wasn’t “going to give a lecture about Free Speech.”

NYS Supreme Court Justice Ronald Castorina, Jr.: Disloyal to the Facts; Disloyal to the Law; Disloyal to his Friends; Disloyal to the End.

This is your Supreme Court Justice, Staten Island, New York. Don’t worry. I intend to take out the trash. Maybe Tish James will get there first.

But because of the Castorina-Nelson-Smiling Jack “Fake Facebook” felony, I am a multiple felon. With a single felony, I could get a mortgage broker, real estate, insurance, or a multitude of other licenses to have a craft and/or a trade to focus on day in and day out. Because of the pile-on felony, the fake felony, the felony based on felonies and perjury, I can’t even get a license to pilot a shrimp boat like Forrest Gump.

I have plenty of time and plenty of patience. I am a monster, and I am in control.

Joseph Pulitzer
Joseph Pulitzer
9 months ago

Frank Parlato will win a Pulitzer Prize if he can take down a New York State Judge. Classic muckraking.

9 months ago

Yeah…it does seem like downplaying and distancing, but not lying. Unless I am missing something, it seems to me like there is nothing there regarding this judge.

9 months ago
Reply to  WTF


It is flat out lying. Castorina lied about knowing about the fake facebook pages. Luthman told him “Facebook”, and he replied “yeah” and “I need your expertise”. He flat out lied about participating in the input for the fake facebook pages. He not only went looking for a photo with Hillary, but he sent Luthman the photo with Eric Holder.

Finally, Nelson as the Special Prosecutor had a duty to present “Truthful” evidence to the Grand Jurors. By very purposefully leaving out the Castorina end of the Facebook Messages, he is surborning Castorina’s Lying. Nelson had an obligation to confront Castorina about those lies in front of the Garand Jury.

Furthermore, One of the jobs of the Prosecutor presenting to a grand jury is to explain the law and how it applies to the case. When one of the Grand Jurors asked him about the 2nd Amendment, instead of answering the question Neson replied “I’m not going to give a class on the 2nd Amendment.” Where the hell did he go to law school “Whatsamatter U.”

9 months ago

What’s the definition of perjury and does this really qualify ? He’s just kind of Downplaying but not really lying

9 months ago
Reply to  Anonymous

He’s not downplaying. The Prosecutor is intentionally withholding half of the Conversations inorder to allow Castorina to lie!!

Last tike I checked the Prosecutor is duty bound to present true facts to the Grand Jury. Nelson knew Castorina was lying through his teeth, and he did nothing to present the truth or expose those lies.

I can’t believe that Judge Mundy hasn’t dragged both of them in to her courtroom and and held both I contempt.

9 months ago

I’m sorry, this is ridiculous, imo of course. I’ll try to read the next article. I can’t get past the boring shmuck shit.

Woodward and Bernstein
Woodward and Bernstein
9 months ago
Reply to  Peaches

Boring Shmuck Shit is what broke Watergate.

🇺🇸👑 Patriot God 👑🇺🇸

Dear stupid Ginzo!

It seems that your genetically inferior low IQ has finally gotten then best of you and the shadow wells have finally run dry on interesting articles!

You milked NXIVM and beat that dead horse until it disintegrated into the ground bones and all and now all you got is this bullshit!

Don’t worry! My website is coming and will your website’s scrawny generic ass once it comes out! And we will have free speech for everybody (except paper-Americans)!

✊🏻 IF WE BELIEVE!!!!!! ✊🏻


About the Author

Frank Parlato is an investigative journalist.

His work has been cited in hundreds of news outlets, like The New York Times, The Daily Mail, VICE News, CBS News, Fox News, New York Post, New York Daily News, Oxygen, Rolling Stone, People Magazine, The Sun, The Times of London, CBS Inside Edition, among many others in all five continents.

His work to expose and take down NXIVM is featured in books like “Captive” by Catherine Oxenberg, “Scarred” by Sarah Edmonson, “The Program” by Toni Natalie, and “NXIVM. La Secta Que Sedujo al Poder en México” by Juan Alberto Vasquez.

Parlato has been prominently featured on HBO’s docuseries “The Vow” and was the lead investigator and coordinating producer for Investigation Discovery’s “The Lost Women of NXIVM.” Parlato was also credited in the Starz docuseries "Seduced" for saving 'slave' women from being branded and escaping the sex-slave cult known as DOS.

Additionally, Parlato’s coverage of the group OneTaste, starting in 2018, helped spark an FBI investigation, which led to indictments of two of its leaders in 2023.

Parlato appeared on the Nancy Grace Show, Beyond the Headlines with Gretchen Carlson, Dr. Oz, American Greed, Dateline NBC, and NBC Nightly News with Lester Holt, where Parlato conducted the first-ever interview with Keith Raniere after his arrest. This was ironic, as many credit Parlato as one of the primary architects of his arrest and the cratering of the cult he founded.

Parlato is a consulting producer and appears in TNT's The Heiress and the Sex Cult, which premiered on May 22, 2022. Most recently, he consulted and appeared on Tubi's "Branded and Brainwashed: Inside NXIVM," which aired January, 2023.

IMDb — Frank Parlato

Contact Frank with tips or for help.
Phone / Text: (305) 783-7083
Email: frankreport76@gmail.com


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