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NYC lawyer suspended over claim that trooper used slur

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  • NYC lawyer suspended over claim that trooper used slur

    NEW YORK — A Queens lawyer has been suspended for six months for falsely accusing a New Jersey state trooper of using anti-Semitic slurs against him, according to a ruling released yesterday.

    Attorney Elliott Dear said he made up the outrageous allegations in hopes of getting out of a speeding ticket.

    Court papers say the unidentified trooper pulled over Dear, an orthodox Jew, for going 84 in a 55-mph zone while driving with his wife in 2007.

    Six days after getting the ticket, Dear sent a letter to the traffic court saying, "This ticket shall be dismissed immediately" since he wasn't speeding and "the officer called me a 'Jew ****' — and this prejudice obviously was the cause for the ticket," the papers say.

    The letter was forwarded to Internal Affairs, which contacted Dear, who repeated that he had been the victim of an ethnic slur.

    Unfortunately for Dear — and luckily for the trooper — the traffic stop had been videotaped on the officer's car camera, and the trooper was wearing a recording device.

    Police reported Dear's actions to the New York state lawyers' disciplinary committee.

    In a ruling made public yesterday, a panel of state Appellate Division judges denied Dear's request for only a private rebuke, and suspended him for six months.


    The Troopers should get an attorney and sue the scumbag for slander.
    Look sharp, act sharp, be sharp.

  • #2
    How stupid is he, he of all people should know most stops are recorded.
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    • #3
      Hahahaha.




      He should sue for sure.

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      • #4
        I am assuming he filed an official complaint if IA investigated the incident... right? Why not arrest him for false police report or something along those lines?

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        • #5
          Originally posted by Se7en View Post
          I am assuming he filed an official complaint if IA investigated the incident... right? Why not arrest him for false police report or something along those lines?
          Unfortunately, many departments and prosecuting attorneys don't pursue charges. I don't agree with it, but that's just how it is in some parts..

          If he's a one man law firm, the suspension will hurt him.

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          • #6
            I am assuming he filed an official complaint if IA investigated the incident... right? Why not arrest him for false police report or something along those lines?
            The article says the letter was forwarded to IA from the court.
            NRA Life Member

            The police are the public and the public are the police; the police being only members of the public who are paid to give full time attention to duties which are incumbent on every citizen in the interests of community welfare and existence. - Sir Robert Peel

            Every normal man must be tempted at times to spit on his hands, hoist the black flag, and begin to slit throats. - H. L. Mencken

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            • #7
              I'll bet he made a false statement or two to the investigators. They should make an example of this clown.
              Getting shot hurts. Don't under estimate the power of live ammo. A .22LR can kill you. My personal thoughts is to avoid being shot by any caliber.

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              • #8
                I agree, but all too many depts are worried that it will discourage real complaints, on the fear of what might happen if it can't be proven either way. Not a good reason but that's why many don't around here.
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                • #9
                  Originally posted by HI629 View Post
                  I'll bet he made a false statement or two to the investigators. They should make an example of this clown.
                  I agree.. suspension of practicing law for 6 months is not enough. What if there was no video camera with audio recording? That trooper would have been framed. The lying lawyer should be punished to the fullest extend of the law allows.

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                  • #10
                    Defamation of character lawsuit would be awesome. Probably not allowed because of policy, and it's probably be a PITA to sue a lawyer, but that would be a great lawsuit.
                    All posts are my personal opinion and are not necessarily reflective of the views of my department.

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                    • #11
                      This made me absolutely furious! This sorry little POS is willing to trash a trooper's reputation and career, and swear in court the trooper is a liar who bullies citizens with BS tickets, just to save a few bucks he fully deserved to have to pay?

                      Six months isn't even close; the POS should be disbarred. Or at least deemed a Brady attorney just like the trooper would have been if this POS falsely proved his pathetic non-case.

                      The only Elliott Dear that shows up in Queens, NY is – big surprise – a personal injury attorney! Although it lists his registration status as due in June, 2011 so who knows if he was even legal to defend himself if the case had been legit. The wording on the site is unclear; it reads required within 30 days of licensee's birthdate, but right below that his reads June, 2011.

                      http://iapps.courts.state.ny.us/atto...rneyId=5657389

                      The site doesn't list specific disciplinary action past and present and there's no clear way online to contact the divisional courts as it instructs. But if anyone there in NY with a few minutes to kill is motivated, it'd be interesting to see if his license was even current as he represented.
                      That could add a few more months onto his suspension if he wasn't.
                      "Snort-laughter is the best medicine"
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                      Don't forget to laugh today. The more implausible it seems, the more you need to.

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                      • #12
                        Originally posted by MargeGunderson View Post
                        This made me absolutely furious! This sorry little POS is willing to trash a trooper's reputation and career, and swear in court the trooper is a liar who bullies citizens with BS tickets, just to save a few bucks he fully deserved to have to pay?

                        Six months isn't even close; the POS should be disbarred. Or at least deemed a Brady attorney just like the trooper would have been if this POS falsely proved his pathetic non-case.

                        The only Elliott Dear that shows up in Queens, NY is – big surprise – a personal injury attorney! Although it lists his registration status as due in June, 2011 so who knows if he was even legal to defend himself if the case had been legit. The wording on the site is unclear; it reads required within 30 days of licensee's birthdate, but right below that his reads June, 2011.

                        http://iapps.courts.state.ny.us/atto...rneyId=5657389

                        The site doesn't list specific disciplinary action past and present and there's no clear way online to contact the divisional courts as it instructs. But if anyone there in NY with a few minutes to kill is motivated, it'd be interesting to see if his license was even current as he represented.
                        That could add a few more months onto his suspension if he wasn't.
                        Not sure if you could get any lower than a PI attorney. I'm not surprised the scumbag was willing to lie in court and potentially ruin a good man's career to save his sorry @$$. Bummer that it's only 6 months, but at least we know that this jackass won't be taking any cases for that time period. Makes me wonder what the guy has actually gotten away with!
                        Getting shot hurts. Don't under estimate the power of live ammo. A .22LR can kill you. My personal thoughts is to avoid being shot by any caliber.

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                        • #13
                          Originally posted by M1garand View Post
                          I agree.. suspension of practicing law for 6 months is not enough. What if there was no video camera with audio recording? That trooper would have been framed. The lying lawyer should be punished to the fullest extend of the law allows.
                          My biggest issue is that it calls into question his fitness to practice law, not only six months from now but forever.

                          With any job in the criminal or even civil justice system, whether you're a cop, prosecutor or defense attorney, integrity is the most important character trait. Once you lose that, it's pretty much over.

                          This guy will now have a reputation in the legal community as a liar and that's a problem. It would definitely be a problem if he were my adversary. Whenever one of adversaries make a representation to me, I usually take him at his word. Otherwise that person is tough to work with. Knowing what I know about him, I would never want him as an adversary.

                          He's a piece of garbage and an embarrassment to the profession.


                          "Jerry, just remember, it’s not a lie if you believe it". George Constanza.

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                          • #14
                            Originally posted by sean3017 View Post
                            Defamation of character lawsuit would be awesome. Probably not allowed because of policy, and it's probably be a PITA to sue a lawyer, but that would be a great lawsuit.
                            You may be on to something. Slander is tough to prove because you have to prove that a person said something about you that was untrue. In this case, he admits it. Most of the time you have to prove actual damages but there are even exceptions to that. Usually accusing someone of a crime or a practice that could ruin their business are exceptions even if there are no actual damages. Not sure if this falls into one of those categories but why not make the case.

                            Sue the guy's balls off.


                            "Jerry, just remember, it’s not a lie if you believe it". George Constanza.

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                            • #15
                              If he is a one man firm we need to insure he is actually not doing any work for clients. He can vacuum the office floor, clean the toilets but meeting with clients, taking on new cases, even answering the phone or drafting a letter is a no no.Perhaps someone can find out when the suspension takes place, call his office and when he gets on the phone tell him they have been in an accident and need help. At that point they make an appointment walk in get the sign up papers, walk out and straight to the bar association. They will disbar him for good.

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