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Ex-Wife Charged in Facebook Postings

Thu, 05/23/2019 - 07:23



A New York City woman already charged three times with stalking her ex-husband, his current wife, and their three children, now faces a fourth charge, this time of violating his order of protection.

“I’m an artist and a human rights advocate,” Nirit Resnick, 38, told East Hampton Town Justice Lisa R. Rana during her arraignment Sunday morning. East Hampton Village police had picked her up at her summer rental on Gilbert Road in Montauk after she allegedly posted “multiple times on Facebook about her ex-husband, Joshua Resnick, his wife, Danyelle Freeman, and their children.”

The village force was involved because the complaint was made from Mr. Resnick’s residence on David’s Lane.

The earlier charges stem from a June 10 incident in the city classified as a case of domestic violence. In July, a New York State Supreme Court justice granted Mr. Resnick the order of protection, which among other things barred his ex-wife from posting comments about him or his family “on any social media sites.” She allegedly did so last week, three times.

Slowly and methodically, Justice Rana read out the order of protection in court. Ms. Freeman was in the courtroom with another woman, who was taking notes. Justice Rana emphasized the clause in the order regarding social media. “This concerns me,” she said when she finished. “It concerns me, too,” Ms. Resnick answered.

Justice Rana set bail at $5,000. “I know this is only an allegation,” she said, “but if you’re back in front of me with similar allegations, I’m going to revisit bail in a significant way. I’m not fooling around.”

Ms. Resnick, who smiled as she was being led from the courthouse, is due back in Justice Court on Aug. 28.

A Manhasset man was arrested early Monday evening after allegedly frightening a resident of East Lake Drive, Montauk, by driving toward her at a high speed.

The man, Ryan Kelly, 22, was northbound in a 2011 Acura when, as the car passed Catherine Rosati’s house, a passenger reached out with an iron rod and dented the mailbox. Both Ms. Rosati and her husband shouted at the driver, who sped away.

Shortly after, however, as Ms. Rosati was standing in the road outside the house, the car reappeared. “The driver stepped on the gas and started to drive full speed toward me,” she told East Hampton Town police. “I got scared and froze in place. I got scared for my life.”

Mr. Kelly hit the brakes in time, coming to a complete stop. He then reversed and drove off “at a very high rate of speed,” Ms. Rosati stated. Fabio Rosati, her husband, called police, who pulled the car over within minutes.

Mr. Kelly was placed under arrest, charged with reckless endangerment, a misdemeanor. His parents, who have been vacationing in Montauk, were in the courtroom for his arraignment the next morning.

Justice Rana noted that the defendant had a previous conviction in New Jersey for marijuana and drug paraphernalia possession, as well as a vehicular alcohol-related conviction. “You know what it all adds up to? You’ve got some issues,” she said.

The young man’s father, an attorney with an office in Riverhead, told the court his son was graduating from college at the end of the coming semester. He was hoping his son would not go forward with a criminal record, he said. “That ship may have sailed,” Justice Rana warned. “What is the use of graduating in January if you are not able to maintain yourself in society?” she asked, turning to the defendant. Even disregarding the current charge, she said, there already appeared to be enough cause for “significant intervention.”

Released into the custody of his parents, Mr. Kelly will be back in Justice Court on Aug. 28.

Justice Steven Tekulsky had a busy criminal calendar last Thursday, including the case of Joseph Volper, who had been in the county jail since Aug. 2, charged with trespassing. Prosecutors were offering him a 30-day sentence in return for a guilty plea to the misdemeanor.

Mr. Volper met in the courthouse’s holding cell with Brian Francese of the Legal Aid Society, then came out to conference with an assistant district attorney and Justice Tekulsky. All were concerned with the man’s ability to understand what was happening.

“We’ll hear what he has to say,” Justice Tekulsky said. “Hello, Mr. Volper, are they taking care of you?”

“There are troublemakers in there,” Mr. Volper answered. “I’m sorry, your honor.”

Justice Tekulsky ordered that a mental examination be done. “They are going to take better care of you, and talk to you about things that have happened in the past,” he told the man, who protested, as he had at his arraignment, that he would rather do jail time. But, Justice Tekulsky explained, even were he to plead guilty, he would not be released any sooner whether he was in jail or in a hospital.

If he is deemed mentally competent, Mr. Volper will be allowed to plead guilty at his next court date, Aug. 21. With credit for good behavior, he would be released shortly after.

“All right. God bless you,” Mr. Volper said, and he was led away.

 With reporting by Bella Lewis

 

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