Brooklyn Surrogate's Court 2005

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Saturday, September 24, 2005

CBID Letter

Tom Bergdall l Marty Bernstein l Ken Diamondstone l
Alan Fleishman l Susan Loeb l Warren Miner l
Jim O’Reilly l Ellen Raider
Members of Central Brooklyn Independent Democrats

Wednesday, September 7, 2005 Contact: (347) 623-2668-Susan Loeb

Honorable Lawrence Knipel
765 East 18th Street
Brooklyn, NY 11230

Dear Justice Knipel:

As Members of Central Brooklyn Independent Democrats ("CBID"), we write
to strenuously object to the continued distribution ­ apparently by your
campaign ­ of a piece of campaign literature that blatantly
misrepresents the position of CBID with respect to your candidacy. We
call on you to direct your campaign, and those working on your behalf,
to immediately cease distribution of this campaign literature, and to
publicly state that this piece shall not be distributed.

The piece, a copy of an article in the Brooklyn Eagle from July 8, 2005,
written by Charles Otey, implies that CBID is supporting you. “Justice
Knipel’s virtues as a Surrogate were being extolled by organizations
such as the Central Brooklyn Independents, a reform-minded group ...”

This statement is false; as of July 8, 2005, CBID had not taken a
position on any of the candidates for Surrogate. Moreover, as you are
well aware, on July 21, 2005, CBID endorsed Judge Margarita Lopez Torres
for Surrogate, not you.

Notwithstanding the fact that you were denied CBID¹s endorsement, you
continued to distribute this piece. Indeed, at the August 3rd
endorsement meeting of Lambda Democrats, CBID Vice President Ken
Diamondstone spoke to you and objected your continued use of this
article as misrepresenting CBID. We understand that you assured him this
would not happen in the future.

Despite all this, we understand that this piece was distributed
door-to-door in parts of Park Slope, one month later, on September 3.
Moreover, the piece distributed omitted the author’s byline ­ making it
appear to be an editorial from the Eagle, which it apparently is not.
And the piece failed to indicate it was paid for by your campaign, or,
for that matter, who had paid for the printing and distribution of this
piece. As you should know, there are rules against anonymous campaign
leaflets.

More importantly, we believe that your campaign's continued distribution
of this piece reflects badly on your integrity as a judicial candidate.
The Judicial Conduct Rules, section 100.5 (A)(4)(d)(iii), says that a
judge shall not “Knowingly make any false statement or misrepresent the
identity, qualifications, current position or other fact concerning the
candidate or opponent.”

We ask that you immediately rectify this. You did not receive CBID's
support, and should not imply that you did.

The signers of this letter are currently active members in good standing of
The Central Brooklyn Independent Democrats. They are speaking solely for
themselves and not CBID.

Sincerely,
Susan Loeb
On behalf of:

Tom Bergdall
Martin Bernstein
Ken Diamondstone
Alan Fleishman
Warren Miner
James O’Reilly
Ellen Raider

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