General

Judge Castorina Distinguishes ‘Not Good Speech,’ Kitchen Speech and Perjury

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by
Frank Parlato
Frank Parlato

Judge Castorina’s Testimony vs Facebook Mesages

New York State Supreme Court Justice Ronald Castorina Jr is potentially on the hot seat.

His challenge is the stark contrast between his 2018 grand jury testimony as a witness in the People of NYS v Richard Luthmann and the Facebook Messenger message he exchanged with Luthmann two to three years earlier.

Does It Rise to the Level of Perjury?

FR’s analysis is not meant to condemn Judge Castorina for his ‘gutter’ language on Facebook, for that is protected speech, but to help experts determine if he perjured himself in the grand jury.

His calling his female opponent, Janine Materna, a “rotten cunt” or a “phony bitch” in Facebook Messenger messages to Luthmann is not the issue.


Attorney Janine Materna ran against Ronald Castorina in a 2016 N.Y.S. Assembly primary election.

What is an issue is that in the grand jury, Judge Castorina said Luthmann was the vulgar one, he found it offensive and certainly would not talk like Luthmann – at least not at the kitchen table.

Luthmann asked Judge Marina Cora Mundy to refer Castorina and attorney Eric Nelson, who acted as special prosecutor in the Luthmann case, to NYS Attorney General Letitia James for potential prosecution.

FR’s purpose here is to compare Castorina as he speaks in Facebook Messenger conversations, and how he speaks in the grand jury, to make it easy for Judge Mundy, Letitia James and possibly federal prosecutors considering conspiracy charges to evaluate the matter.

The Facebook Messenger conversations are not newly discovered evidence. Nelson subpoenaed them in 2018, and it appears also suppressed them to enjoy what might be the subornation of perjury to get an indictment.

Smiling Jack

Castorina on Facebook September 11-12 2015:

In 2015, Luthmann created a fake Facebook page for Democratic District Attorney Candidate Michael McMahon.

Luthmann referred to McMahon as “Smiling Jack” and McMahon’s advisor, former Judge Carmen Cognetta, as “Girl Get On Your Back.”

The latter reference was sexual harassment allegations that forced Cognetta to resign from the Family Court bench in 1993.

Luthmann sent Castorina this image, which appeared on a fake Mike McMahon Facebook page.



Castorina: Lmfao- fucking hysterical ha ha ha. Your the best rich. I just got home and saw this and cracked up. It’s spot on. Lol

Luthmann sent another image from the fake Facebook page:



Castorina: Wow- lmfao girl get on your back— holy shit – I’m fucking pissing my pants lmfao- wow ha ha ha

Luthmann: 

Fuck him.

Smiling Jack ain’t too happy with me.


Castorina: what happened

Luthmann: I am responsible for all his problems apparently.


Castorina: i love the smiling jack reference and “girl get on your back” fuckin amazing

Castorina’s Grand Jury Testimony

In extraordinary testimony, Judge Castorina in somber tones was shown and asked to describe the Grinch and McMahon photos.

Castorina neglected to state his first reaction was “Lmfao- fucking hysterical.”


CASTORINA [shown the Grinch and McMahon photos]: He [Luthmann] compared D.A. McMahon to a Dr. Seuss character in a photograph. He put two photographs side by side. It shows D.A. McMahon looked like he was in a frowning — has a frowning face on, and then the Dr. Seuss character has a similar frowning face.

NELSON: Now does that fairly and accurately represent what you observed around the time period of September of 2015, which would be several months before the District Attorney’s general election?


CASTORINA:  And at least seven months before my first election, yes. It does accurately represent a — a message — I mean a message, if you will, because it’s two photographs that was transmitted to me by Mr. Luthmann.

NELSON: And how about the next photograph, sir?

Castorina was shown the following photo and in an utterly astonishing statement, he claims he was not sure what Luthmann was referring to. Yet in 2015, Castorina messaged Luthmann, “I love the smiling jack reference and “girl get on your back” fuckin amazing.” 



CASTORINA: The next one had — it says, Smiling Jack and Girl Get On Your Back. Meet Team McMahon. Is this who you want keeping Staten Island safe?

I don’t know who he’s referring to as well. I guess he’s referring to D.A. McMahon as Smiling Jack, I guess. I don’t know. I would be speculating to say.

But clearly there are two photographs, one of what appears to be D.A. McMahon and another which looks like former Judge Cognetta.

[It “looks like” Judge Cognetta? He’s not sure? But in 2015, Castorina was sure. He messaged Luthmann, “I love the smiling jack reference and “girl get on your back” fuckin amazing.” 

Fake Janine Page

Castorina Messenger October 11, 2015:

Eleven months before the election, Castorina learned Janine Materna would run against him in a primary for the New York State Assembly.

Castorina reached out by Facebook Messenger to tell Luthmann and  get his help.


Castorina: Janine Materna filed a committee – shes going to primary me for sure

she was roming around richmond town with that guy ron lauria yesterday too

Luthmann: Fuck them. Time for a fake Janine Materna site.


Castorina: that bitch has had a URL for assembly congress and senate for 5 years – she’s fucking nuts

Luthmann: Facebook…


Castorina: “Yes.”

{Note that Castorina assented when Luthmann said Facebook after revealing that it would be a fake Facebook page. Castorina tells Luthmann he needs his help.]


Castorina: I need to talk to you about that race, and I’m going to need your expertise.”

Luthmann [advising him how to win in this heavily Republican district of Staten Island:] Then turn it into RINO [Republican In Name Only campaign] Janine Materna. FLIP FLOP FLIPPITY FLOPPITY FLOOP


Castorina: shes a republican, but she took the working fam parties endorsement and worked for hillary [Clinton]

Luthmann: Republican today…Dem yesterday. Is there a picture of her with Hillary?


Castorina: yes, so much bullshit- shes a first year law student- its like legally blond im looking for one [of Materna with Hillary Clinton], but theres a few with chucky schumer

Castorina’s Grand Jury Testimony

As their Facebook messages show, Castorina and Luthmann collaborated on a search for a picture of Materna with Hillary Clinton to be used on Facebook. Castorina called her a “bitch” and “legally blond.”  He knew Luthmann’s intent was to smear Materna and he wanted to help him with a fake Facebook page.

Let’s see what Judge Castorina said in the grand jury three years later, on August 1, 2018.

SPECIAL PROSECUTOR NELSON: At one point, if you recall, did he [Luthmann] say that it’s time for a Janine Materna page?


CASTORINA: Yes. Yes, he did.

NELSON: And — and in your opinion, when you received that [message], did you form any opinion in your mind as to what he meant from his words as to a Janine Materna page?


CASTORINA: Well, you know, you never know what to believe when this individual, Mr. Luthmann, says something.

So, frankly, I would assume at that point that he may have been talking about either a fake page or a page where he would — a satirical page where he would clearly be making fun of her to people and not in a way that was subterfuge, you know, either/or, or probably what he was talking about in that type of message.

***

Castorina did not know what to believe? Then how come he did not testify that he sought Luthmann’s expertise?  

 

‘Not Good Speech’

Castorina’s Messages on October 11, 2015:

Luthmann shared links with Castorina from the Janine Materna fake Facebook page he created.

Luthmann: shared a link entitled “Poop Shoot Princess”


Castorina: Ha ha ha

Luthmann: We’ll get her about 500 likes…

Luthmann sent a link to this image


Castorina approved the link: SeeYouNextTuesdaySI. – which is also spelled C U N[ext] T [Tuesday]


Castorina: I want to crush her – such a phony bitch
She’s such a phony self serving bitch. Can’t stand her


Castorina’s Statements August 30, 2016:

On August 30, 2016, two weeks before the Primary Election, Luthmann sent a message to Castorina.

Luthmann: I think we have to do a new video.
Janine Materna is not a democrat. Janine Materna is a cunt.


Castorina: She’s a rotten one at that.

Luthmann: Janine Materna XXX?

Castorina Materna XXX Pearl Necklace

Luthmann sends lewd photoshopped picture to Castorina

She will jump in front of a bus.


Castorina: Lmfaooo omg. Her and wiener
there’s her pearl necklace she always wears…

Luthmann: “Carlos Danger and me.”


Castorina: That’s just terrible OMG lol

Castorina’s Grand Jury Testimony:

NELSON: And you’re also aware of the fact that there’s constitutional protections for free speech?


CASTORINA: That’s correct.


NELSON: I’m not going to ask you to characterize this, but would it be accurate to say that the line political speech, free political speech and other actions in this case that there certainly could be a difference?


Castorina: Well, certainly I — I don’t believe that I can characterize the speech as either political or –or anything other than what it is. It’s lewd. It’s lascivious. It’s outrageous at times.

It’s not the type of conversation that I’d want to have at my kitchen table clearly.

So it’s — it’s not good speech. It’s not the type of speech that I welcome or that I wish to participate in in any way, and certainly I would characterize it generally as unwelcome.

***

Castorina calls Luthmann’s speech unwelcome, and to get away with this, he had to know that Nelson would suppress the equally offensive speech Castorina made in response to Luthmann.

Nelson only showed Luthmann’s vulgarity and scrupulously avoided showing the grand jury Castorina’s vulgarity.

Castorina and Nelson may be subject to felony indictment and prosecution. Luthmann filed an official complaint with New York State Attorney General Letitia James’ Public Integrity Unit.

If ethical violations are found, Castorina and Nelson, both licensed attorneys, may be disbarred.

As a sitting New York State Supreme Court Justice, Castorina also faces sanctions from the New York State Commission on Judicial Conduct. A formal complaint was filed.

FR called Judge Castorina on his cell phone for a comment for this story. A man answered the phone, and when this writer identified himself, the call suddenly “dropped.”

A immediate follow up went to voicemail. A message was left.

Calls to Eric Nelson, Perry Reich, Thomas Tormey, and Lucien Chalfen from the New York State Office of Court Administration were not returned.

A phone call to Janine Materna was answered by a man who identified himself as her fiance. He stated she was not inclined to comment on the matter.