Justice for the Powerful, Silence for the Abused: The Double Standard in Westchester’s Legal System

When an attorney allegedly threatened Westchester Judge Susan Capeci with harm, District Attorney Susan Cacace wasted no time rushing to her defense. Headlines flew, outrage flowed, and institutional loyalty snapped into action. But what happens when a disgraced police officer, caught in a web of misconduct, lies, and disability discrimination, harms not a judge—but a father and his children?

Absolutely nothing.

That’s the disturbing reality facing Marc Fishman, a disabled father of four, who has been entangled in a years-long legal nightmare that began with a now-debunked arrest orchestrated by former New Rochelle police officer Lane Schlesinger. Despite being formally terminated after a 2.5-year investigation by New York Attorney General Letitia James’ Law Enforcement Misconduct Unit—and labeled a “police abuser, liar, and game player”—Schlesinger’s damage remains intact. His false reports are still being used to justify the state-sanctioned separation of a father from his children.

Fishman hasn’t seen his kids since February 2021.

Let’s rewind. In March 2021, Judge Susan Capeci revoked Marc Fishman’s access to his children based on a false arrest by Officer Schlesinger. The supposed misdemeanor? A fabricated claim that Fishman entered his ex-wife’s property during a supervised visitation exchange. Schlesinger later admitted—on police video obtained only after a federal court battle—that Fishman “did not commit a crime and did not have malicious intent.” That video had been hidden from Fishman for years.

Despite this, neither Judge Capeci nor DA Cacace have publicly acknowledged the misconduct. Worse, they’ve never apologized for the malicious prosecution. No action has been taken against Schlesinger for his falsified arrest report. Meanwhile, Fishman’s children continue growing up without their father—based on lies that the court refuses to unwind.

This isn’t speculation. Fishman’s federal civil rights case—19-cv-00265-NSR, now 25-423 in the U.S. Court of Appeals for the Second Circuit—documents the abuse of power, prosecutorial misconduct, and blatant due process violations he’s endured.

Let’s be clear: no public servant should be threatened with violence. But the hypocrisy here is blinding. When it’s one of their own—when it’s a judge—the system rallies with lightning speed. When it’s a disabled father wrongfully targeted by a corrupt cop, silence.

Judge Capeci knew Schlesinger’s sworn statement admitted Fishman didn’t commit a crime. She knew the exculpatory evidence existed. Yet she allowed the prosecution to continue, fueled by bias, not justice. And DA Cacace? Still refusing to bring charges against Schlesinger, despite overwhelming evidence of falsified reports and misconduct.

Fishman remains criminalized under People v. Marc Fishman, Case No. 6293-2018, for a crime everyone now knows never happened. He remains separated from his children. Forgotten. Buried by the Westchester court machine he calls the “double-standard mafia.”

So the question is: When will Judge Williams do what Judge Capeci refuses to?

Vacate the charges. Restore a father’s dignity. Stop protecting liars in uniform while punishing the people they’ve harmed.

Contact Judge Williams’ chambers and demand justice for Marc Fishman by emailing his court attorney:
📧 jkinloch@nycourts.gov
Reference: People v. Marc Fishman, 6293-2018

And for more on this story, visit www.newrochellepoliceabuse.com

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Justice delayed is injustice delivered. And for Marc Fishman and his four children, that injustice is long past its expiration date.