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VERDICTS & SETTLEMENTS OCTOBER 26, 2020 ¦ 29

had told Scarpa that Cherry was from the U.S. Attorney’s Office in
willing to do “whatever you need.” 2019.
In a 14-page summary order, Scarpa has reportedly taken
the Second Circuit panel held that other actions in court which have
a “rational juror” could be con- The ruling came in a been controversial and caused at
vinced based on the evidence that consolidated appeal by least one judge to admonish him.
Scarpa and Gallman had offered John Scarpa Jr. and Scott
to provide Cherry benefits in ex- Brettschneider, a fellow According to a 2013 New York
change for his false testimony. defense attorney who was Post report, he argued during the
convicted for his role in a sentencing of his convicted cli-
With regard to the intercept- ent, Rasheen Everett, that Everett’s
ed communications, the judges plot to potentially reduce sentence should be lighter because
said that, although the discussion a client’s drug sentence by his murder victim—a transgender
did not relate to crimes that law lying about his history of prostitute—was not “someone from
enforcement were investigat- the higher end of the community.”
ing at the time, prosecutors had substance abuse. “A sentence of 25 years to life is

“timely amended” their original an incredibly long period of time,
eavesdropping warrant “after the judge,” Scarpa said to the sentencing
wiretap uncovered criminal activ- judge, according to the Post report.
ity beyond that for which the warrant was initially He reportedly added, in speaking to the judge,
obtained.” “Shouldn’t that be reserved for people who are guilty
Gilbert Gaynor, who represented Scarpa on ap- of killing certain classes of individuals.”
peal, did not return a call Friday afternoon seeking The judge, Queens Supreme Court Justice Rich-
comment on the decision. Brettschneider’s attorney, ard Buchter, reportedly admonished Scarpa while
Patrick Joyce, likewise did not respond Friday to a sentencing his client to 29 years in prison, saying to
request for comment. the attorney, “This court believes every human life
Scarpa, who had been practicing law since 1982, in sacred. It’s not easy living as a transgender, and I
also worked as a prosecutor at three district attor- commend the family for supporting her.”
neys’ offices in the New York metropolitan area ¦

before entering private practice in 2003, accord- Tom McParland of New York Law Journal can be
ing to the Brooklyn U.S. Attorney’s Office. He was contacted at [email protected]. Follow him on
expected to be disbarred, according to a statement Twitter @TMcParlandALM.

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