By James Christopher with Michael Phillips | NYBayNews
On the U.N.’s International Day of Persons with Disabilities, new police footage has surfaced that threatens to upend one of New York’s longest-running and most troubling misdemeanor prosecutions. The video—never shown to a jury, never disclosed to the defense, and allegedly withheld for years—shows former New Rochelle Police Officer Lane Schlesinger admitting that disabled father Marc Fishman “had no intent to commit a crime.”
Fishman—who has traumatic brain injury, severe tinnitus, neurological impairment, and a federal order requiring communication accommodations—has not seen his four children in nearly six years. Now, he faces a 45-day jail sentence despite the existence of footage that appears to contradict the very basis of his arrest.
The public is seeing the video for the first time today.
Video link: https://youtu.be/aJ1QNTgVXlI?si=JC075Qy-i7PFWDMF
The timing is not an accident.
A Case Six Years in the Making—Built on Missing Evidence
Fishman’s ordeal began on December 15, 2018, when he was arrested during a prepaid, court-ordered supervised visitation with his autistic son—an event backed by a 22-page judicial order and confirmed in writing by the visitation supervisor.
The newly surfaced police footage captures the following exchange inside the precinct:
OFFICER SCHLESINGER: “He had no intent to commit a crime.”
(Speaking about Fishman while he sat locked in a cell.)
The video and accompanying audio were withheld from the 2018 prosecution, according to Fishman’s federal filings and subsequent appellate motions. The officer who made the statement—Schlesinger—was later terminated and formally deemed a “Pattern Misconduct Officer” by Attorney General Letitia James’ Law Enforcement Misconduct Investigative Office (LEMIO).
LEMIO documented 25 misconduct complaints, including racism, unlawful vehicle stops, discourtesy complaints, failure to follow procedure, and abuse of authority. In one case, Schlesinger attempted to use his badge to enter a restricted hospital area while off-duty; in another, he recorded a superior officer against policy.
Despite these findings, neither the video nor Schlesinger’s disciplinary history was presented to the jury. Defense attorneys never received it. The DA never disclosed it.
This omission is at the heart of Fishman’s claim that the system failed him—not just procedurally, but structurally.
(See LEMIO findings: )
A System That Ignored Federal Disability Orders
The Second Circuit Court of Appeals ordered in July 2021 that Fishman be provided real-time transcription and communication accommodations due to his disabilities.
That order was never implemented in Westchester.
(See appellate order: )
Without accommodations, Fishman could not hear testimony, understand court exchanges, or meaningfully participate in his defense.
He describes the experience as “fighting blindfolded and gagged.”
Judge Cannataro’s Ruling: No Stay, No Review—Go to Jail
The new footage surfaced just days before Fishman asked the New York Court of Appeals for a 45-day stay so he could bring the evidence to federal court.
Chief Judge Anthony Cannataro denied the request.
The denial means a disabled father may enter jail before any court reviews evidence that appears exculpatory—and before the state addresses documented ADA violations.
Fishman’s supporters say the denial reinforces what advocates have warned for years: New York lacks meaningful checks when police misconduct intersects with prosecutorial discretion.
When the Officer Is Dirty—But the Case Still Proceeds
New York’s LEMIO office identifies “Pattern Misconduct Officers” like Schlesinger, but district attorneys are not required to review any past cases involving those officers.
Fishman’s attorney argues this is where the system truly collapses.
“How can a state identify an officer as a repeat abuser of authority, but allow convictions based on his testimony to stand untouched?” he asked.
Advocates describe the gap as “a catastrophic regulatory failure.”
A Father Separated From His Children for Nearly Six Years
Fishman’s criminal case—and the orders of protection attached to it—have directly contributed to his loss of contact with his children.
According to filings, he was subject to:
- Criminal orders of protection for all four children, though only one was present during the supervised visit.
- Family court findings that relied on now-discredited officers.
- ADA failures, including refusal to accommodate hearing disability, cognitive impairment, and memory issues.
His earlier custody orders, including a 2018 appellate decision, show years of conflict and escalating allegations—many of which Fishman attributes to miscommunications and disability-based misunderstandings.
(See related family court record: )
But without accommodations, he had no way to rebut them.
Advocates Call for Mandatory Misconduct Review Law
Fishman has now launched ProtectNewYorkers.com, urging lawmakers to enact a bill that would require:
- Automatic DA case reviews when an officer is flagged for pattern misconduct
- Full public reporting of officer histories
- ADA compliance enforcement inside state courts
- Mandatory disclosure of exculpatory video/audio under enhanced discovery laws
- Case transfer when a defendant’s disabilities cannot be accommodated locally
Supporters—including hundreds who have already signed the petition—say the reforms would protect all New Yorkers, disabled or not.
“If This Can Happen to Me, It Can Happen to Anyone”
Fishman says the video validates what he’s been saying for six years: he was arrested during a lawful visitation, accused of violating an order he had never seen, and prosecuted based on evidence that police themselves disputed.
“This tape proves what I’ve said all along,” Fishman said.
“But it also proves something bigger—how easily key evidence can disappear. If this can happen to a disabled father on camera, it can happen to any New Yorker.”
He is now asking the public to sign his petition before the state legislative session begins on January 7.
New York Bay News 
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