Court Opposes Move To Remove Attorney From Monsey Chanukah Stabbing Case

NEW CITY (VINnews) — A State Supreme Court decision has ruled that attorney Michael Sussman should not be removed from the Grafton Thomas Chanukah stabbing case.

Thomas, of Greenwood Lake, is accused of stabbing 5 Jews with a machete when he entered the home of Rabbi Rottenberg in the Forshay neighborhood of Monsey during a Chanukah party.

Attorney Michael Sussman had learned that his client, Grafton Thomas, had lived for a period of time in a Wurtsboro cottage, and visited the location with Thomas’ mother and a member of the clergy. While there, he gathered and logged evidence, including medication and writings.

Rockland County District Attorney Thomas Walsh II subsequently filed court papers to have Sussman disqualified as Thomas’ lawyer, alleging that Sussman violated the advocate-witness rule that “generally requires the lawyer to withdraw from employment when it appears that he or a member of his firm will be called to testify regarding a disputed issue of fact.”

The court noted that “once representation is undertaken, the lawyer must withdraw as advocate if it appears that he must testify on behalf of his own client, or if it appears that he will be called as a witness to testify for the adverse part, where his testimony may be prejudicial to the client he is representing.”

While the DA maintained Sussman will be required to testify about the recovered items, the prosecutor “failed to articulate the likelihood that the recovered items would be introduced at trial or that the circumstances of their discovery will be disputed.”

Justice Kevin Russo wrote in the court decision that the DA “failed to consider the fact that several witnesses to the recovery exist, making Mr. Sussman’s testimony cumulative. Therefore, it cannot be said that Mr. Sussman’s testimony is likely or required on that issue.”

Sussman holds the position that Thomas is not fit to stand trial due to mental health issues.