Jews in the Flatbush section of Brooklyn were outraged Wednesday after a state Supreme Court judge recommended sentencing an adolescent synagogue vandal to four months of weekends in jail, five years’ probation and 200 hours of community service.
Spokespersons for the community called the sentence a slap on the wrist and urged Judge Thaddeus Owens to change his mind before formal sentencing on March 1.
Lewis Franceschi, 16, pleaded guilty Wednesday in Brooklyn Supreme Court to arson, burglary and criminal mischief charges for last September’s High Holiday attack on Orthodox Congregation Rabbinical Institute Sharai Torah in the Midwood section of Flatbush.
In New York state, the Supreme Court is the court of first jurisdiction, rather than appeal.
Franceschi, who was 15 at the time of the incident, and a 12-year-old accomplice were charged with setting fires throughout the synagogue and desecrating at least five of the synagogue’s Torah scrolls.
The Sept. 17 attack, coming during the week between Rosh Hashanah and Yom Kippur, evoked painful memories of Kristallnacht, the night of Nazi-led anti-Semitic violence, whose 50th anniversary was marked last fall.
The Anti-Defamation League of B’nai B’rith has called the attack on Sharai Torah one of the most serious anti-Semitic incidents of 1988.
Franceschi faced trial as an adult. His accomplice will appear separately in family court.
ESSAY ON NAZI PERSECUTION
On Wednesday, defense attorney Howard Weiswasser entered guilty pleas on all counts, including three felony and two misdemeanor counts, for which Franceschi could have received 28 months to seven years in jail.
When a client pleads guilty to an entire indictment, the sentence falls to the discretion of the judge.
As part of the judge’s recommendation, Franceschi will be asked to write an “extensive essay” on the plight of Jews under Nazi Germany.
If the essay does not meet with the judge’s approval or if Franceschi violates any of the other provisions of the sentence, Owens could recommend a jail sentence of 16 months to four years.
Brooklyn Assistant District Attorney Paul Demartini asked that Franceschi receive a substantial jail sentence.
“We hope, nonetheless, that the threat of a jail sentence as well as the other penalties imposed will ensure that this defendant does not engage in this kind of conduct again,” said Brooklyn District Attorney Elizabeth Holtzman.
New York City Councilman Noach Dear, who represents Flatbush, called the recommended sentence “not only a slap on the wrist, but a badge of honor.”
“He basically gave him a can of gasoline to go ahead and do it to another synagogue,” said Dear.
On Tuesday, Dear wrote Supreme Court Administrative Judge Leonard Yoswein asking that Owens be removed from the case.
Dear claimed Owens made racist and anti-Semitic remarks during prior hearings.
Rabbi Max Schreier, president of the Rabbinical Council of America and religious leader of the Avenue N Jewish Center in Flatbush, said the recommendation was “an outrage as far as the Jewish community is concerned.”
‘NOT JUST A WANTON ATTACK’
“This was not just a wanton kind of attack, but very premeditated. You had to see it to believe it” he said of the damage to the damage to the synagogue, which included the charred remains of the Torahs and swastikas scrawled on the walls.
“It is obvious from what has taken place that there is something emphatically wrong with the whole penal code,” said Rabbi Yechezkel Pikus, executive director of the Council of Jewish Organizations of Flatbush.
“We need additional legislation to set up a whole new system of guidelines for crimes against religious institutions.”
Rabbi Hillel David, religious leader of Sharai Torah, declined to comment on the sentence.
Franceschi’s lawyer denied that the sentence was a light one. “Anytime anyone goes to jail, even for two minutes, it is not pleasant,” said Weiswasser.
Weiswasser, who is Jewish, said Franceschi had no known history of anti-Semitism, but was rather a “frightened and dumb 15-year-old” who was easily led by his 12-year-old acquaintance.
“I know my client is deeply regretful of what he has done,” said Weiswasser.
“I don’t believe a community can make an example out of a 14- or a 16-year-old. If he were older and understood more, I might very well agree.”
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