Donald Glassman - Perjury - False Accusation

Glassman, Donald ; sexual assault; NRE: perjury/false accusation, no crime, inadequate legal defense

2013 WL 31952; S.D.N.Y. 1/2/13; civil suit

"This action arises out of Donald Glassman's arrest, prosecution, and ultimate acquittal on charges of rape, assault, and criminal contempt, all stemming from his short-lived marriage to Dilena Solares Duran."

"In late 2001...Glassman, then a divorcee in his mid-thirties, met...Duran, a resident of the Dominican Republic, on the dating website Amigos.com...Glassman met Duran in person in January 2005, and over the next eighteen months worked to secure a visa to allow her to travel to the United States as his fiancée...Duran arrived in new in late June 2006, and the two married a little more than a month later.

"Whatever Honeymoon period Glassman and Duran may have enjoyed was short-lived. Glassman claims that his new wife quickly became verbally and physically abusive, sexually demanding, drank to excess, and did not make a genuine effort to learn English...For her part, Duran alleges that Glassman was verbally abusive, controlling, and even threatened to 'cancel' her immigration application process...Moreover, one evening, after Duran declined to engage in sexual intercourse, Glassman allegedly shoved her out of bed and had sex with her against her will as she wept...Duran did not report this incident until several weeks later and Glassman vigorously disputes her account."

"Duran and Glassman's marital conflict spilled out into the open on the morning of October 31, 2006. Glassman claims he told Duran the night before that their marriage was over and asked her to leave the apartment...The two argued the next morning, during which, Duran alleges, Glassman shoved her out of bed and slammed a door into her forehead...Duran fled the apartment and wandered the neighborhood, eventually ending at Lincoln Center, which was nearby...There she met Spanish-speaking security guard Johnny Dejesus and told him that Glassman had assaulted her that morning."

"In her statement [to the police], she recounted Glassman's alleged threats, emotional and physical abuse, and stated that he forced her to have sex with him."

"The parties dispute whether Duran was visibly injured when she spoke to the NYPD officers."

"Two weeks after Glassman's arrest, [a judge] entered a temporary order of protection against him as a condition of bail...The order of protection directed Glassman to refrain from contacting Duran by any means and further ordered 'no 3rd-party contact. . .'...Despite this proscription, Glassman telephone Duran's cousin...and allegedly threatened to have Duran deported."

"Glassman was eventually indicted...on one count of assault in the second degree, one count of rape in the third degree, and two counts of criminal contempt in the second degree...Almost a full year later...the jury convicted Glassman on all counts except the assault charge...However, the trial court set aside this verdict on the ground that Glassman had not had the opportunity to testify in his own defense...Following a second trial -- this time before a judge rather than a jury -- Glassman was acquitted on all remaining charges...more than two years after first being arrested."

NRE synopsis (by Maurice Possley):

"Glassman, who had been fired from his $50,200-a-year [archivist] job at Barnard [College] because of the accusations, wanted to and intended to testify, but his attorney, Howard L. Blau, decided on his own to rest the case without calling Glassman or presenting any other evidence.

"There was no physical or forensic evidence in the case. Glassman was convicted by a jury on October 17, 2007 of rape in the third degree and two misdemeanor counts of prohibited contact, and was acquitted of the assault charge.

"After the conviction, Glassman fired Blau and retained new counsel, Robert Feldman, to try to get a new trial. Glassman switched to another lawyer because Glassman was advised that Feldman would have to testify in post-conviction proceedings, which he did."

"Glassman...testified [at his second trial] that he believed [Duran] had been coached by a relative to concoct the charges because she was an immigrant from the Dominican Republic and wanted to obtain a fast-track green card pursuant to the Violence Against Women Act."

"Blau was suspended from practice of law in February 2008 after misappropriating nearly $764,000 from client funds. He was disbarred after continuing to practice despite the suspension. In May 2010, Blau was ordered to pay Glassman nearly $500,000 in a malpractice lawsuit. Ultimately, the judgment was not paid. Blau declared bankruptcy and the judgment was discharged.

"Glassman also filed a federal civil rights lawsuit seeking compensation, but the lawsuit was dismissed.

"In October, 2012, Blau pleaded guilty to two felonies -- one count of grand larceny in the second degree and one count of engaging in a scheme to defraud in the first degree. He was sentenced to 18 months to 4.5 years in prison. Blau was paroled in March 2014 after serving the minimum 18 months in prison.

"Glassman was admitted to Brooklyn Law School in 2010 and graduated in 2014. In May 2015, he was admitted to the New York State Bar.

"Glassman ultimately sued Feldman, claiming that Feldman refused to return part of a $30,000 retainer. Feldman denied Glassman was due any money. The litigation stretched on for years and took on an added dimension when another client of Feldman's filed a complaint on a website called RipoffReport. Wrongly assuming that Glassman was the author, Feldman responded online by calling Glassman a 'total a--hole,' 'a tragedy,' and 'emotionally disturbed.' Feldman also said Glassman had been convicted of rape, but did not mention the acquittal. Glassman filed a defamation suit and both cases were consolidated.

"In November 2019, a Manhattan jury awarded Glassman $280,000 in damages from Feldman: $10,000 for breach of contract, $20,000 for malpractice and $25,000 in punitive damages and intentional infliction of emotional distress.

"In March 2022, Judge Louis Nock, after considering post-trial motions for more than two years, upheld the verdict and increased the award for pain and suffering by an additional $120,000.

"Meanwhile, more than 13 years after Glassman filed an ethics complaint against Feldman, the New York State Grievance Committee, which addresses complaints against attorneys, had taken no action."