Ramapo defense attorney David Goldstein decided today to have Justice Catherine Bartlett decide whether fired Ramapo Police Officer Andrew Dale is guilty of sexual abuse.
Dale is accused of performing medical examinations of the gynecological type on the former wife of a Monsey businessman, Zalman Silber, who will be tried separately.
Dale and Silber are accused of performing exams on Silber’s former wife, Sarah, under the pretense of insurance coverage. Silber faces similar accusations in Manhattan of giving gynecological exams to women in an office he rented.
Goldstein’s strategy in seeking a non-jury trial could be betting he’s gaining an advantage because of Bartlett’s contentuous relationship with the Rockland District Attorney’s Office.
She already has tossed 26 charges against Dale – two official misconduct counts and 24 misdemeanor sexual abuse counts. She found four felony counts each of fourth-degree aggravated sexual abuse counts and unauthorized practice of a profession.
However, Bartlett last week denied Goldstein’s motions accusing prosecutors and Ramapo police of collusion. They claimed prosecutors used Dale’s confidential statement to police and video-tapped statement to build a criminal case. Those statements were only admissible in the disciplinary case. The hearing officer recommended a year suspension for Dale, but the Town Board voted to fire him.
Bartlett ruled Goldstein and Dale didn’t provide any evidence to support their contentions.
Sarah Silber will be the prosecution’s chief witness, along with taped recording conversations with Dale. Dale and Zalman Silber have claimed she has lied to get more money from her ex-husband during their divorce.
Opening statements by prosecutors James Meilion or Kevin Gilleece starts today, with Goldstein to follow.