Told him of a warrant for his phone that didn’t exist
Harrington pleaded guilty March 1 to a single criminal charge in a plea deal, admitting he’d done favors for Reichberg.
The FBI agents play good cop/bad cop. Agent Michael Buscemi plays the guilt card, stating, “You have to think of your family right now. I can tell you’re a very doting father. Pictures of your children all over, you know? Your wife comes down. Lovely woman. You don’t want to do this to your family.”
Agent Jason Alberts pushes Lichtenstein, warning him, “Didn’t I explain to you — every question we ask you, we already know the answer to?”
At 9:24 Lichtenstein goes into the bathroom. Alone in the room, Klausner is on the phone with someone he identifies as Russell. Russell Capone was, at the time, the lead prosecutor on the case.
After he hangs up, Alberts and Klausner can be seen talking, and then Alberts says, “Because we don’t have a warrant.”
When Lichtenstein emerges from the bathroom, Klausner tells him they need to take his phone. Lichtenstein immediately resists, asking twice, “Do you have a warrant for that?”
Klausner at first doesn’t answer, then says, “My boss wants (me) to take your phone.”
Lichtenstein asks again, “Do you have a warrant for that?”
“Yes,” Klausner replies.
“OK,” Lichtenstein guess I got to take it.”
They seized the phone and arrested Lichtenstein, announcing the arrest the next day. He received a Miranda warning at 9:51 a.m. that Monday — more than 24 hours after he was taken into custody.
Veteran criminal defense attorney Robert Gottlieb questioned how this was handled, starting with the liquor.
“The issue (is) whether he’s intoxicated and whether he knowingly waived his right to turn over his phone,” Gottlieb said. “If he’s intoxicated, that goes to whether he knowingly or voluntarily turned over or gave consent to turn over his phone.” says. “I
Lichtenstein’s lawyer Richard Finkel argued in court papers that his client’s phone was improperly seized without a warrant, and cited Lichtenstein’s drinking during the interrogation and the lack of a search warrant as reasons to throw out all his statements.
In his response, prosecutor Capone countered that he didn’t need a warrant to seize the phone, just to tap into its contents. He didn’t address Klausner’s deception. He noted that Lichtenstein drank “what appears to be alcohol” but did not address the quantity consumed or the issue of his competency.
In November 2016, Lichtenstein pleaded guilty to two bribery-related counts before a judge could rule on the suppression motion.
Lichtenstein faced nearly six years in prison. In March 2017, a judge cut him a break, giving him two years and eight months. Lichtenstein, now known as Inmate No. 75844-054, is set for release Nov. 30.
Last week his lawyer, Finkel, declined to comment on the video, explaining, “It’s not in Mr. Lichtenstein’s best interests to have any further publicity.”
James Margolin, a spokesman for the Manhattan U.S. attorney, referred The News to Capone’s response to Lichtenstein’s suppression motion and declined to further comment.