Criminal Law, the Legitimate Concerns of the Religious Minority in New Square and Civil Rights

Robert I. Rhodes, Chairman, Preserve Ramapo            6/20/11

            Conspiracy, literally, a breathing together, has been called the prosecutor's best friend.  Recent events in New Square suggest that a charge of conspiracy will be used in the prosecution of the persons allegedly involved in acts of intimidation and worse against the families of Aron Rottenberg, Dovid Fromovitz and other members of the community.

            If a conspiracy charge is brought against members of the community, it will be very hard for the Department of Justice to avoid including Rebbe David Twersky in their indictment.  It has been alleged that after Dovid Fromovitz’s children were asked to leave their school in New Square Rebbe Twersky  called the Rabbi who heads their new school in Monsey in order to prevent their enrollment in that school.  If true, this act alone would seem to establish his participation in the alleged conspiracy.  

            And here we have a paradox.  On the one hand, justice and the laws against intimidation and hate crimes suggest that judicial intervention is called for to protect civil rights.  On the other, we know that when a group is attacked its normal response is to draw closer together and to become more militant in its insistence on solidarity against the outside world.

             The situation becomes even more complicated when one realizes that up to a point the residents of New Square have a right to follow their own religious precepts.  Where should our society draw the line?

            Up until now, the situation has been “managed” through benign neglect.  In practice this has meant the sacrifice of the civil rights of residents and implicit recognition of a theocracy that is illegitimate under our constitution and civil laws.

            What is needed is a negotiated settlement that provides for real punishment where it is appropriate, but a settlement that also lays the groundwork for a permanent solution that protects the rights of both minorities and majorities in New Square.  This is not going to be easy.  A fair and lasting solution will require a degree of sophistication that goes beyond the expertise and legal authority of our Department of Justice.  It will require participation by religious and lay authorities who understand and respect both Hasidic culture and the legitimate interests of the wider community.

Robert I. Rhodes, Chairman, Preserve Ramapo