DEFENSE ATTORNEY SAYS "F --- YOU" TO ALLEGED RAPE VICTIM

THE CAPTAIN REPORTS:

IT JUST KEEPS GETTING WEIRDER AND WEIRDER IN BROWEIRD .....

Defense attorney says "F --- You" to alleged rape victim .....

So, this time, it wasn't a Judge who made the headlines.  Instead, it is longtime criminal defense attorney Herb Cohen, who is at the center of attention in the latest saga to hit North of the Border.  Also part of this fast becoming a soap opera case is ASA Katie Bogenschutz, (she the daughter of famed criminal defense attorney David B), and a cameo appearance by our own Jayne Weintraub.  Sitting on the bench for this one is Judge Michael Rothschild.

The defendant is 69 year old millionaire developer Louis Bianculli who is charged with three counts of Sexual Battery, Familial Victim, age 12-17.  He is represented by Herb Cohen and Jayne Weintraub. While the case was filed in 2015, it appears the allegations stem from 2009; (see case Number 15009445CF10A).  According to news reports, the victim is alleging that she suffered abuse and torture from her stepfather for years starting when she was just 12-years-old.

According to the transcript of a deposition taken of the victim of the alleged rape, here is what we know:

A deposition of the victim took place on June 12th, and during that depo, the following exchange occurred:

"Can you be in the room with me?" Cohen asked
"No," she (the victim) answered. "You're just like Lou, but worse."

How did Cohen respond?  "F--- you," he said. 

Wait, it gets much worse.

The victim was walking out of the room when Cohen mumbled the words under his breath, according to Cohen and Weintraub.

In a hearing before Judge Rothschild, Bogenschutz was having nothing of it.  She told the Judge:

"Let the record reflect that Mr. Cohen said to the witness, and I quote, 'F--- you,'"

Cohen responded:

"I said it under my breath," Cohen said. "Let me tell you something, that comment, this case has turned into such a piece of s---. ... F--- her and all of you people, OK? I'm not a criminal and I'm not a f---ing rapist. You understand? You think I'm going to stand here and take this s---? Well, you're wrong. It's over."

Cohen continued with his berating of the ASA:

"What I've forgotten in this business you will never learn," he said. "And the s--- you learn, you have no clue how to apply, and I'm done taking crap from you. Your witness tells me I look like this rapist, only worse? And that's all OK with you? … I'm not going to stand by and let you cause abuse to me. This is the last straw."

Judge Michael Rothschild sealed the transcript of Cohen's rant and struck it from the record of the case at a hearing two weeks ago.  On Friday, during a status conference on the case, Bogenschutz asked that it be unsealed so she could file a bar complaint against Cohen.

Rothschild also let everyone know his feelings on the matter:

"All the lawyers involved in the Bianculli matter are getting ridiculous, ridiculous -- the most unprofessional case I've had in my four years on the bench," Rothschild said. "The behavior of the lawyers in this case has almost become as terrible as the allegations in this case. And yes, I said that on the record."

You can read the entire story from Local 10 by going here.

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