It is not hard to understand why Richmond County District Attorney Michael E. McMahon wanted Richard Luthmann.
Luthmann insulted, lampooned and mocked him on what has been called a fake Facebook page.
Luthmann called him “Smilin’ Jack” and compared him to Dr. Suess’ the Grinch.
Luthmann also had audio tapes of his wife, State Supreme Court Judge Judith McMahon, where she is heard apparently fixing which judges get what cases, a possible help to a district attorney trying to boost conviction stats.
As an administrative judge, Judith McMahon created a special narcotics part, which allowed her husband to direct cases to Judge Charles Troia, and away from Judges Mario Mattei and Wayne Ozzi.
Michael and Judy McMahon
Judge McMahon had to step down as administrative judge, and the Special Narcotics part was shut down.
Though Judge McMahon might have been charged criminally or hauled off the bench, the Office of Court Administration was good enough to protect her law license, and her husband chose not to prosecute her.
He decided to prosecute Luthmann instead.
Though Judge McMahon got to keep her judgeship, she was demoted and no longer acts as an administrative judge.
Instead of managing judges, she was sent to the courtroom to conduct trials and dispense justice for the common people.
Ron Castorina’s 2016 primary election victory party over Janine Materna. Castorina (center) is flanked by Luthmann (right) and attorney Sean O’Sullivan (left).
In going after Luthmann, DA McMahon got his wife’s associate Judge Rooney to assign attorney Eric Nelson as special prosecutor, to lead a grand jury into issuing an indictment against Luthmann. The charges centered around Facebook pages Luthmann made to lampoon and impersonate McMahon and other candidates for office.
Castorina is now a New York State Supreme Court Justice.
Luthmann, now a disbarred lawyer and a former prisoner, now on probation, recently filed a 264 page motion in New York State Supreme Court calling on Justice Marina C. Mundy, who sentenced him in the Facebook case, to throw out the case.
Luthmann served three years for the offense.
The Court will hear Luthmann’s motion on February 28.
Luthmann also called for Justice Mundy to refer attorney Nelson to the Attorney Grievance Committee. Luthmann alleges Nelson encouraged Castorina to commit perjury in the 2018 grand jury proceeding, resulting in Luthmann’s indictment.
Luthmann also asked Judge Mundy to refer Castorina’s potential perjury to New York State Attorney General Letitia James for criminal charges.