Richard A. Luthmann, a former New York lawyer, has initiated legal proceedings to overturn his 2020 state conviction in what has become known as the ‘fake Facebook case.’
The case involved Luthmann creating false Facebook pages for several political candidates, including Staten Island District Attorney Michael MacMahon and former Republican Assembly candidate Janine Materna.
Despite Luthmann’s insistence that the Facebook pages were satirical and labeled ‘unofficial,’ Special Prosecutor Eric Nelson charged him with identity theft and fraud. Nelson argued Luthmann created the pages to influence elections and damage Materna and MacMahon’s reputation.
Calls for Disciplinary Action Against Prosecutor
Luthmann seeks to withdraw his plea, vacate the judgment, dismiss the case with prejudice, and instigate disciplinary action against Special District Attorney Eric Nelson. The issue is before Acting New York State Supreme Court Justice Donald Leo.
Luthmann also requested Justice Leo refer Nelson, Perry Reich (a disbarred legal advisor to Nelson), and Ronald Castorina Jr., a former Assemblyman and current New York State Supreme Court Justice, to law enforcement for alleged crimes committed during the prosecution of him.
In addition to his state case, Luthmann faced federal charges for a scrap metal scheme involving one of his legal clients. He pleaded guilty to multiple federal charges, including wire fraud, money laundering, and extortion, and was sentenced to four years in prison in 2019.
Upon his release, Luthmann, who remains on probation until March 27, 2024, began a new career as a journalist and challenged his state conviction. In his filings, Luthmann claimed he was not mentally fit to agree to a plea, which he made via video on October 27, 2020, from LSCI Allenwood, a federal prison in White Deer, Pennsylvania.
SHU Torture, PTSD, and Prison Rape
Luthmann argued his plea was not voluntary and was influenced by threats, misrepresentations, or unwarranted promises.
He blames Nelson for his situation: “I still fear what he may do under the ‘color’ of law enforcement. I blame him on the same level as a physical abuser.”
In his filings, Luthmann revealed that before he took his plea, he spent nearly two months in the Special Housing Unit (SHU), an experience he described as torture.
Now, under the care of Dr. Juan Quiros from Florida Personal Management, Luthmann told the court that he has a diagnosis of Post-Traumatic Stress Disorder (PTSD), a condition he attributes partly to his time in the SHU.
This lengthy isolation, which he claims was based on unfounded charges related to possessing a cell phone, contributed significantly to his mental health issues.
Luthmann also disclosed he was a victim of multiple rapes in prison, incidents that occurred after his release from the SHU, and his reintegration into the general housing unit in September and October 2020.
“I am uncomfortable talking about these experiences, which form a critical aspect of my mental health treatment. Reliving these moments is painful, but I am in the process of healing,” Luthmann said.
He elaborated on the psychological impact of the experiences, stating, “The anguish of enduring prison rape is on the same magnitude as the torture I faced in the SHU.”
Intimidating Plea Hearing
He admitted he focused on avoiding the mental torment of the SHU at the time of the alleged plea.
“When trapped in a victim mentality, one may prefer the brief yet excruciating physical pain of rape, knowing it would soon end, over the enduring mental torment of the SHU, which felt endless,” Luther said. “That was my mindset around the time of the alleged plea. My primary goal was to evade the mental torment of the SHU, whatever the cost. I’ve always prioritized my mental well-being over physical pain.”
On the day of his video plea hearing, Luthmann was escorted from his unit to a different section of the prison by a group of unit officers, correctional officers, and other staff members, some of whom he recognized from his time in the SHU. He said the officers expressed displeasure about being there for “Luthmann’s bullshit.”
Complaints ranged from a general disdain for the inconvenience of video proceedings to personal grievances, like an officer grumbling about possibly missing his golf game.
With a vicious smile, one officer remarked how “nice” it was for Luthmann to be out of the SHU.
Luthmann recalls his anxiety:
“I was so eager for the hearing to end, to distance myself from these officers. Their palpable anger made it clear that the unfamiliar video procedure was an inconvenience. And in prison, inconveniencing the wrong people can lead to retaliation, which often meant a dreaded return to the SHU.”
With his focus on avoiding imminent threats at LSCI-Allenwood, he barely paid attention to the proceedings in a distant New York courtroom.
“The thought of returning to the SHU was a fate worse than death for me,” he said.
Plea under Duress
Despite the high-stakes nature of his case, the BOP declined to transfer him back to a federal prison in New York, a request he’d explicitly made.
He had no way to confer with his lawyers. The absence of a “break-out” room in the video conference setup meant he could not speak privately with his attorneys, protected by attorney-client privilege.
With a backdrop of Luthmann’s PTSD, the looming shadow of the SHU, the intimidating presence of numerous officers, and their inflammatory remarks, the circumstances were dire. His recent experience in the SHU, which the United Nations recognized as exceeding four times the threshold for permanent psychological injury, compounded his fragile mental state.
Being in a Pennsylvania federal prison while his case was in NYC further complicated matters.
In the lead-up to the plea, Luthmann detailed not having access to pivotal evidence, notably an email allegedly showing collusion between Nelson and Reich, the disbarred attorney. This email, Luthmann believes, revealed a plot to bypass any mention of the First Amendment to grand jurors, laying bare their motivations to indict him under questionable circumstances.
His New York attorney informed him that Nelson’s reactions became volatile after encountering the Interstate Agreement on Detainers Act [IADA] paperwork. His allegedly relayed to Luthmann that Nelson asserted he had instructions to “get” Luthmann from higher-ups.
He disputed that his former training as a lawyer gave him any advantages or insights in the prison environment. Luthmann stressed that PTSD’s debilitating effects rendered his prior profession and knowledge irrelevant, making every decision a matter of survival.
The pandemic heightened Luthmann’s distress since he had diabetes, and contracting COVID-19 could be fatal.
Concerns of Retaliation; Legal Manipulation
Luthmann contends he couldn’t make a fully informed and competent waiver of his rights due to his mental state and hostile circumstances. But now he is going forward, he says, but with grave concerns for the potential fallout from his revelations.
“I fear retaliation for my truthful testimony,” Luthmann said. “I would rather kill myself than return to prison for a supervised release violation,” emphasizing the depth of his fears of returning to the treacherous confines of prison.
Luthmann’s apprehensions don’t just stem from past trauma. He believes Special Prosecutor Nelson, whom he characterizes as a “stone-cold criminal,” will manipulate his under-oath statement in his court filings to create further complications with his federal overseers.
Finds Strength Amidst Struggle: Blames Nelson for Traumas
Yet, Luthmann projects resilience in the face of these challenges: “I am no longer afraid. I have become a warrior,” partly due to the manipulations of Special Prosecutor Nelson and the political machinery he believes is behind him. He draws strength from Biblical references, quoting Luke 12:35, “Let your loins be girded about, and your lights burning,” signaling his readiness for unexpected challenges.
Luthmann alleges abuses he endured stem from the actions spearheaded by Special Prosecutor Nelson. He believes that had Nelson not layered the false New York State case on top of the federal one, he would not have faced heightened custody levels that barred him from being placed in a prison camp tailored for non-violent, white-collar offenders. Instead, his trajectory led him to a dangerous low security prison where he experienced deep trauma and sexual abuse.
“I don’t blame my prison rapists,” Luthmann stated. “I blame Eric Nelson and his co-conspirators.”
Frank Parlato 
Janine Morrison 
J.J. O'Hara 
Richard Luthmann 
Marie White 
Paul Serran
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[…] transformation into a “broken person.” He alleges that during his incarceration, he was a victim of prison rape, sexual abuse, and torture, experiences that have since resulted in Post-Traumatic Stress Disorder […]
[…] been released, describes himself as a “broken person” after unjustly going to prison. He claims to be a victim of prison rape, sexual abuse, and torture, resulting in Post-Traumatic Stress Disorder […]
Richard, I’m confused.
You admit here to creating the FB page and you must have admitted it when you plead guilty.
I, of course, have not read the transcript of your plea, but the Judge should have asked for your consent to take the plea virtually at the start of the proceeding.
Also, the court should have asked you if you were pleading guilty voluntarily, if you had conferred with your attorney, if you were promised anything or threatened in exchange for your plea, and if you understood everything in the proceeding.
The Judge could not have accepted your plea unless you answered these questions.
So are you saying you lied during your plea or that the court’s colloquy was deficient.
Are you also claiming you are innocent of robbing old and disabled people out of their money? You pled guilty to that too.
Do you think this is all a grand conspiracy to get you locked up?
Read the plea transcript. It was so bad. Justice Mundy didn’t have Luthmann allocute. She didn’t ask him whether he consented to a video appearance. There wasn’t a breakout room. She didn’t tell him there was a breakout room. She didn’t ask any of the questions required if you want a plea to “stick.” And Nelson didn’t even try to fix it.
Luthmann actually has a case here, if for nothing other than utter incompetence.
Plus, Luthmann was in federal custody. All of the pleas that are normally done on video are from NYS correctional facilities, where they have video breakout rooms for lawyers, as a matter of course.
He’ll win the motion, if not here, on appeal.
Luthmann!!!!
My black grandma wants her glasses back!!!! You pick them up at Goodwill?
If constipation were a person it’d be you!!!!
I am sorry you had to go through this.
It makes me wonder why you don’t show more compassion for the victims of Keith Raniere?
You all off people should have a deeper sense of what their lives are like know they are also victims of the system of NXIVM.
Not the same kind of prison, but a prison like system no the less.
Knowing that many will spend a lifetime recovering from the trauma they went through at the hands of Raniere & his leadership.
Maybe you don’t understand that many of his victims feel like they were raped.
Maybe it’s a guy thing and you can never put yourself into women’s bodies & understand the Violation that happened of the con game that took place.
It’s OK if you can’t. We got our victory. That scumbag is never going to get out of prison. He is facing is years of abuse karma now.
Not that helps us heal. That is years of therapy. At least we are safe from him.
Therapy helps and I hope you get some Richard. The trauma you described, no legal battle will help heal that. It’s an internal healing.
Good luck on that journey.
I’m a victim of the FEDS, first and foremost. For all of their lipservice, to the contrary, the FBI and the AUSAs know what is going on in the open-air dormitory low-security prisons. Do you think #MeTooMoira gives a shit. She’s the biggest fucking hypocrite and a criminal in my book because she knew all about the evidence tampering in Raniere’s case.
Don’t get me wrong, I think Vanguard is guilty as sin, but when the FEDS do egregious shit, the remedy should be that the person walks, no matter how bad they are. They had Raniere for 10-15 years easy. They had to stack the deck to get “Star Wars Numbers” on him. I think he should walk and the AUSAs and the FBI Agents involved to divvy up his remaining term.
As to the women victims, I do have compassion. The fact that I think the Government is full of corrupt criminals doesn’t mean I think the victims didn’t suffer gravely.
Frankly speaking, If KR had sex with children (which it looks like he did), and the Government did engage in unprecedented evidence planting, then if I were Garaufis, I’d let him out on the street. He’s safer inside prison. If Raniere’s really a CHOMO, he’d be dead within a year. Someone will off him. And no one will shed a tear. Except horse face, and those would be horse tears.
7months in prison for memes about Hillary Clinton.
https://youtu.be/y64N3G8iVw8?si=3D894FxyVAz1fGzb
For We the People who have no idea what happened in that case:
… The case was heard in the US Court of the Eastern District of New York. Mackey, who was known as Ricky Vaughn on Twitter, was found guilty of the federal charge after making memes that jokingly encouraged Hillary Clinton supporters to cast their votes via text mesage. This is not actually a viable form of voting, which Mackey, and everyone else, knew. There was no evidence to suggest that any voter attempted to cast their ballot via text in response to Mackey’s meme. …
… The meme that Mackey was convicted of disseminating was directed at Hillary Clinton voters, but other memes, also instructing people to vote for president via text, were distributed by social media users telling people to cast their vote for Trump via text. Mackey was convicted while no one else was even charged.”
… The case is, as the New York Times reported at the time, was “the first criminal case in the country involving voter suppression through the spread of disinformation on Twitter.”
The DOJ claimed that the meme from Mackey constituted election interference, and the court agreed, despite their being no evidence to support the notion that anyone who saw the meme was deceived by it. Mackey argued that he was simply trying to create a viral meme, and that other Clinton supporters had posted similar memes encouraging Trump supporters to vote by text without consequence. …
https://www.cf.org/news/douglass-mackey-sentenced-to-7-months-in-prison-for-election-interference/
In other news today: “Israel Strikes Gaza, Syria and West Bank“
She ( Mauria ) knew about the tampering.
Then she posed next to movie banners and paraded onto podcasts, she lied and threatened… further exploiting some Very Good People trying to peice things together during her sessions with people Not charged….pushing them further into the abyss of mistrust.
I hope she does do time and I agree, let him out and let someone finish his ass off so ppl can move on from the nightmare of Lies and manipulation of all the sides., including Clare.
So sorry that this happened to you, Richard. In a way, it is a life sentence because it never leaves you. Take every day as it comes. There will be good days and bad days. Eventually the good days will outnumber the bad. I wish you the best of luck and proper justice. X
Thank you.
Heart breaking stuff. He is a warrior. Let us know how you progress.
Jesus Christ, Richard! I had no idea you went through this. I am sorry to hear it.
Let’s be clear: cruel and unusual punishment is legal in America. In 100 years we will look back and be appalled at how we treat non-violent, low level offenders.
My own story. I spent four days in jail after getting arrested for a fight in a bar (if you can believe that). It was in Bangor, ME, a small city with very few minorites. There was only one black guy, “Stokes”, in the jail.
One guard had it out for Stokes. Stokes would taunt him. The guard would respond in kind. Let me be clear, these taunts were minor. Things that should roll off the back of any and every corrections officer. Yet, this CO would get infuriated and threaten Stokes. I vividly recall the CO call him “BOY”, which is a racial slur in the context it was used.
Stokes obviously became upset and more words were exchanged. Four CO’s took Stokes into a room, then we heard the first scream, of many. When I asked what was happening other inmates talked about spiked restraints they use on problem inmates. Basically like a choke-chain people use on dogs, but these are used on other parts of the body. This us torture, plain and simple.
After sleeping in the same room as Stokes for several nights, I very much realized he was a good man. A family man who got caught up with ONE pill of methadone. One single pill of methadone, along with a few other “lifestyle crimes”, and Stokes was doing six months in jail.
Stokes was a normal, everyday guy who made a few mistakes. He was not a thief, he was not predator, he was not a violent person. Yet the system was determined to make him all three.
I have personally witnessed torture, degradation and cruelty an American jail. It was all legal.
Richard, be well my friend. PTSD is no joke, but it is treatable. I hope you sue the ever living FUCK out of Nelson.
– Pilgrim
I have to use the legal system. I’m using Victor Frankl as a guide. He survived Auschwitz. I have to remain on the side of the light and exhaust the legal process, no matter how corrupt. Then I can re-assess. Put it this way. There were plenty of Nazis that escaped justice at Nuremberg. But many found justice by way of the Mossad years later, and no one shed a fucking tear.
Nor should they.
What a horrible story. So sorry.
Thank you for your story. It’s very hard to talk about rape. I read about the man who organized raping me during covid in the New York Times. It was unbelievable that he had done it to so many ( 1,000s ) girls. I don’t know how to say this without sounding cliche but I really did stuff the rape deep inside. I never told anyone. I was a teenager when it happened. It completely devastated me. But I had no idea what to do. And when I read that it happened to so many others. I shot up in my seat and realized that I had not dealt with the rape.
Unfortunately, I told two guy friends who I thought were very sensitive but much to my surprise they both asked me what I was wearing. They started blamming me for it. I was so unhappy they did that but it is so common.
I was 16 years old. I was wearing nothing provacative. I was a tom boy. But what if I wasn’t I said. Does that warrant rape???
As much as I care about my buddies, I had to tell them exactly what I thought. I said that their reaction was archaic, misogynistic and doesn’t work in this day and age. After debating for one hour they both admitted that they felt so powerless and didn’t know what to do. They went through the whole macho routine saying what theyd do to the punk who did me wrong. I said just listen, just give support, don’t blame me. Be supportive to the next woman ( or man in your case ) we need to be able to openly discuss rape without blaming the victim. Their eyes were locked wide open.
Bringing things out into the open helps.
Open as many eyes as possible. Helps the next guy.
respect for your courage Mr. Luthman
Thank you.
What’s that squirrel sized whipped cream topped ice cream doing next to you, Richard? No wonder you need those massive lenses to eat ice cream!
So help us God!
Don’t knock a dessert until you’ve tried it.
That’s food for the soul, indeed!
LOL
Those bodacious lenses are worn by famous Rappers. Luthman is one Kool dude
Respectfully, if you were raped, that is not just physical. if you think it is only physical, you must be in some deep denial, and hopefully you are getting some serious therapy for all of this.
That aside, I don’t see how this legal argument would work, because if it does, literally every incarcerated person could use this argument to get their charges thrown out. Not gonna happen.
The legal argument is laser focused on the deficiency of the voluntary, knowing, and intelligent nature of the plea proceedings. There is a plethora of case law that says this was an illegal plea AND no caselaw that says the procedures Eric Nelson employed were legal and valid – from taking the plea via video without a waiver, to failing to return me to New York for the plea, to consulting with the disbarred Perry Reich during critical points in the proceedings as the advisor to “THE PEOPLE OF THE STATE OF NEW YORK” in violation of the law, RPC 3.8, and Appellate Division Orders and Rules. This case is not like others. The torture and rape are ADDITIONAL to the technical defects and show my inability to properly from a knowing, voluntary, and intelligent state of mind in combination with all the other factors.
Also, prosecutors can’t be in the business of committing felonies in order to secure indictments and convictions, and that’s just what Eric Nelson did.
The legal is only one part of it, though. As you recognize, there is a psychological aspect.
I have been reading Victor Frankl and other helpful books trying to process the PTSD. In prison, I had a list of nine people I resolved to end. One of them is dead already from a pill/drug overdose. I chose nine because that was the proper number the Vikings sacrificed when they did their thing – nine of every kind. There was no mental health services to speak of in prison, and they threw me to torture in the SHU, which only made things worse. You don’t think you can become more obsessive. But in the SHU – often solitary confinement – the limits of your crazy are the depths of your imagination and tortured mind.
Now that I’ve had some therapy and I am beginning to process things, I realize that my anger and desire to see the remaining eight die will probably never go away. It’s a natural human emotion, to want revenge. And mine is more than justified. But, using Frankl’s methodology, I cannot use overt physical violence and must use appropriate channels to achieve my vindication, like the courts and the media. I have to “exhaust all remedies” before any consideration is made on whether to unleash the inner Viking Berserker, my inner William Wallace.
So, as part of my therapy, I have come to see the value in using “their system,” where I expect corruption, before using another system. It’s also part of the New Testament. I have to reject their acts and give forgiveness, particularly if they recognize they have done wrong.
Nelson doesn’t think he’s done wrong, so I might be stuck in the Old Testament dealing with him. Ezekiel 10-11: “Then they shall know that I the LORD did not threaten in vain to inflict this evil on them. Thus says the Lord GOD: Clap your hands, stamp your feet, and cry “Alas!” for all the evil abominations of the house of Israel! They shall fall by the sword, starvation, and disease.”
The hope is that the PTSD therapy will progress to the point where I can be ok with things. I can come to some sort of higher meaning, like Victor Frankl. But it’s a tough habit to break when for every day for four years a list of certain people were all you thought about from the time you woke up in the morning until the instant you fell asleep, and often times you dream about them. Sometimes, I still do. I’m not sure if that’s healthy, or part of processing, but it’s there.
My doctors tell me that the pain is healing is just as bad as the original trauma, sometimes worse. It’s like re-breaking and re-setting a bone that healed improperly.
But at this point I take solace in knowing I’ll outlive every one of these bastards, and they all know they’ve done wrong. It’s like in Braveheart, after they double-crossed William Wallace, none of them slept a good night’s sleep ever again. They knew a Scotsman mad with fury and fire was after them and their children, and their children’s children.
Who fucking cares if it’s healthy. Go Monte Cristo on the remaining 8. If for no other reason, because it’s what they deserve. But it seems like it should help anyone’s mental health to carry out justice.
Nutjob a vigilante?
You have to be able to live with yourself afterwards..
I have zero appreciation for butt pirates 😉
Why do you keep posting comments as: “Peter (not a Jew)”?
Those bodacious lenses are worn by famous Rappers. Luthman is one Kool dude.
Because I chose that name
Peter who is not a Jew and not a Christian,
Is there anything else you are not?
At this point in history, the dumbest and the worst bureaucrats in government have successfully rolled The Weimar Republic and Nazi Germany into one. Jailing good citizens and silencing entire nations must no longer be seen as signs of some kind of inevitable global nightmare that will surely happen at some point in the future. May We the People put down the popcorn, roll off of our couches and kick evil in the teeth any way we can as soon as possible.
“… The novelty and importance of this document comes from this fact: that on the Holocaust, there is now the certainty that Pius XII was receiving from the German Catholic Church exact and detailed news about crimes being perpetrated against Jews,” Coco was quoted by Corriere as saying.
However, Coco noted that Koenig also urged the Holy See to not make public what he was revealing because he feared for his own life and those of the resistance sources who had provided the intelligence. …”
https://www.independent.co.uk/news/ap-vatican-jews-poland-nazi-b2412693.html
… It is in keeping with the Masonic plot to establish a grand temple of universal brotherhood above all religions and beliefs, “Unity in diversity” a concept so dear to the New Age and to globalization. …
https://sspx.org/en/press-release-about-assisi-ii
Thank you for telling the world the realities of prison. I hope you continue to heal. You have much to offer the world and they were not able to destroy all that you are.
Sorry you were horribly brutalized Mr. Luthman.
Thank you Peaches. Like many things in life, it’s one day at a time.
Sorry you were brutalized in such a horrible way.