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Reactions to Rabbi Tendler’s Court Victories
Click here for
the Editor's Response to these Letters
Please reconsider your efforts to exonerate and mainstream Rabbi
Mordecai Tendler ["Expelled by the RCA, Fired by His Shul, Slaughtered
on the Blogs, Rabbi Mordecai Tendler Is Cleaning Their Clocks in Court,
July 2008]. It is a tremendous tragedy what occurred, but he severely
violated halacha and deeply hurt many single and married women, most of
whom have enough emotional problems to start with.
Your article could not have come from you, as it is deceptively
inaccurate on almost all the facts. As to the legal rulings for Rabbi
Tendler, all causes of action in the Kehillat New Hempstead case were
dismissed with the exception of one in the Derivative Action and one in
the Contract. The rulings were only that they are willing to hear the
case in court. We have tried to avoid court to because the outcome will
further damage your friends. Hardly a win for him or his family.
As for Adina Marmelstein, he did not win. He just avoided having to
go to court. And thereby avoided having to submit to a DNA test.
The board of KNH is trying its utmost of keep a respectful low-keyed
resolution to this issue. Our regard for [Rabbi Tendler’s grandfather]
Rabbi Moshe Feinstein is always utmost in our deliberations and in our
actions.
I do not understand why you owe the Tendler family so much as to
betray your honor and personal quest for truth. From what I have read
from your other articles, you are a deeply passionate Jewess. Please do
not let that passion misdirect the Jewish people.
David Pollack
Treasurer KNH
New Hempstead, NY
After reading the story about Rabbi Tendler, I was just thrilled for
the family. Perhaps now he will get his jobs back in his community and
at Yeshiva University.
Bobbi Lanner
Paramus, NJ
Rabbi Tendler’s lawyer said that his client was "vindicat[ed]" by the
two recent New York State court decisions to which he was a party. While
Rabbi Tendler was, indeed, overwhelmingly victorious in both cases,
saying that he was vindicated seems to be an overstatement.
The Court of Appeals decision dismissing Ms. Marmelstein’s case did
not rule on the facts of the case. Rather, the Court held that even if
the facts alleged in Ms. Marmelstein's complaint were true—that is, that
Rabbi Tendler had a four-year sexual relationship with Ms. Marmelstein—Ms.
Marmelstein has no legal claim in New York.
The only way for Rabbi Tendler to be vindicated—that is, to be
cleared of accusation or blame—would be to have some court, jury, or
beit din hear evidence and make a decision based on that evidence.
The Court of Appeals did not, however, make such a decision and,
apparently, no court will ever make such a decision.
The Appellate Division decision granting Rabbi Tendler summary
judgment on his claim against his former shul for wrongful termination
was also not a complete vindication. While the Court held in Rabbi
Tendler’s favor that the shul breached its contract with him by not
having a rabbinical court authorize his termination before such
termination took place, it noted that the Congregation claimed it
received such authorization after the termination.
While that was not sufficient under New York law, the Court did not
find that Rabbi Tendler was "fir[ed] without the benefit of a beit
din." It found only that he was fired without the prior benefit of a
beit din since the alleged subsequent authorization, while
perhaps significant under Jewish law, had no relevance under New York
law.
Courts of law can do only so much. In this case, as is often true,
the two courts decided the cases without vindicating either party.
Joseph C. Kaplan
Teaneck, NJ
I wish to salute editor Susan Rosenbluth for her dogged investigative
reporting on the Tendler situation. What happened to Rabbi Mordecai
Tendler and his family was the worst miscarriage of justice I have ever
seen .The blame falls squarely on the shoulders of the RCA and the
malicious individuals who run it.
The leaders of the RCA personally made slanderous insinuations
regarding Rabbi Tendler and caused him to lose his good name and
livelihood. It is a great irony that those women who sought to ruin
Rabbi Tendler with their fairy tales were offered anonymity by the RCA
.The women involved claimed they needed to have their identities
protected for fear of retaliation.(What they feared were actually
lawsuits for slander and defamation).
As fate would have it the RCA betrayed them as well by sending a list
of the "anonymous" accusers to Rabbi Tendler.
I have no explanation for this insane behavior. The accusers sent out
anonymous circulars to cause the destruction (G-d forbid) of an innocent
man. How can the rabbi defend himself if he doesn't know who is accusing
him? The tactic of sending anonymous letters is underhanded and
intentional. The Tendlers have identified the culprit. I believe this
will all come out in court.
The Tendlers spent everything to defend themselves. Once accusations
are made people tend to believe them. However, the situation is now
reversed. The RCA , the accusers, as well as the congregation that
breached the rabbi’s contract are the ones who are now on the defensive.
The payout from future lawsuits will be huge and devastating.
People can defame, slander, and destroy. But we have laws in this
country to defend the innocent. When you destroy a person’s good name,
you will indeed end up "paying the piper."
Between its inaction on the Lanner scandal and its persecution of the
innocent Rabbi Tendler, the RCA is a blot on our community. The only way
they have half a chance of saving their organization is a change of
leadership at the top. The RCA has besmirched our sacred Torah values
and is a complete disgrace to the Jewish religion.
Rabbi Dovid Kent
Jackson Heights, NY
The Jewish Voice and Opinion has always advocated for a fair and
impartial evaluation of the accusations leveled against Rabbi Mordecai
Tendler. Kudos for taking the lead in reporting on the status of the
various lawsuits to which Rabbi Tendler is a party. Needless to say,
coverage of these cases was at its highest when these various actions
had not yet played out. I do feel, however, that your article did not
convey the sheer magnitude of the accomplishments Rabbi Tendler has
achieved in a number of different venues.
Undoubtedly, any litigant seeks success at the trial court level. The
odds of prevailing dramatically drop at the appellate level, and in all
of the actions to which Rabbi Tendler was or is a party, the trial
courts proved to be challenging province.
In California, Rabbi Tendler was facing judgment of tens of thousands
of dollars in legal fees to compensate the anonymous bloggers so that
they could remain anonymous. The bloggers themselves were counting their
money, and were concerned not with how much they would get, but which of
Rabbi Tendler’s assets they would attach their judgment to.
Yet in a decision of landmark significance, the appellate justices in
San Jose delivered the bloggers a very clear message: they could
certainly defend their First Amendment rights, but they wouldn’t get a
penny from Rabbi Tendler to help them do so.
The Marmelstein action, which generated much of the blog fodder, also
failed at the appellate level after it was decided in Manhattan Supreme
Court that the case would go to trial on two of the causes of action set
forth in the complaint. Bloggers ran amok with glee at the mere thought
of Rabbi Tendler giving depositions.
Blog post after blog post disgracefully and inexcusably portrayed not
only Rabbi Tendler, but sadly, his wife and family, in ways generally
reserved for the worst of our society. Yet depositions will never come.
None of the proofs the blogs ranted about, from tapes to covertly
procured hair follicles, were ever produced, if they exist anywhere
except in the minds of the bloggers themselves.
Granted, the case was not tried on the merits. But the very essence
of the litigation process is adversarial in nature. No one faced with
the same allegations would have fought them any differently. In the end,
Rabbi Tendler was absolutely victorious, against the odds, at the
appellate level.
Yet the most stunning success came from the Appellate Division that
sits in Brooklyn over Rockland Supreme. There, not only did Rabbi
Tendler see a reversal of the lower court’s dismissal, he received a
decision on the merits of his complaints against Kehillat New Hempstead.
Again, success of this kind at this level is the legal equivalent of a
royal flush; you know it’s possible, but you just don’t see it that
often.
As a former member and officer of KNH, I only hope for the success of
the shul, and have no doubt that those now in control acted in a manner
they felt was consistent with the shul’s best interests. But the mere
fact that the shul is still engaged in litigation bodes poorly for the
future of the congregation.
The venomous blog attacks were a disgrace on so many levels as to
defy reasonable understanding. Today, thankfully, they are silent. No
surprise there really. In the face of these unlikely and remarkable
victories, what more could we expect from people who hide behind their
keyboards and take pot shots at someone who has maintained his innocence
from day one, has not buckled under intense pressure, and has called
upon the legal system to provide him relief from an onslaught of
unimaginable proportion.
I have been fortunate for many years now to call Rabbi Tendler not
only my rav, but my friend. Guilty or innocent, friends stand by each
other, help each other through life’s challenges, and appreciate each
other’s support and understanding.
Essentially, all Rabbi Tendler has ever asked was for cooler heads to
prevail, to objectively address the allegations brought against him.
Fortunately, he has found those cooler heads, some as far away as
California, and others a bit closer to home. On two fronts, the
litigation is over. Hopefully, the final actions left will be resolved
in a manner that restores some dignity to a once thriving community, and
more importantly, to a dear friend of mine.
Perry Dubinsky
Monsey, NY
I have no direct interest in the Tendler case other than as a reader
of the news and as a human being. One of the many sources of news
regarding that case that I have reviewed is your publication. I find
that your relentless defense of Mordecai Tendler appears blind,
ludicrous, without merit, and serves to devalue the rest of the
critically important information the Jewish Voice and Opinion
brings to its Jewish readers.
To be sure, our illustrious court system has a history of being
grossly unfair to women. Basing your arguments on that historically
questionable authority as being the oracle of all that is right with the
world, it appears that you have chosen to ignore all the evidence to the
contrary. Your unabashed support of Tendler appears to come from a
person who chooses to support the veracity of a title regardless of the
preponderance of evidence that indicates that title is no longer
deserved.
To be sure, there are too many abusers of women and children who are
either ignored or freed by the court system due to misguided historical
legal precedent. The results of this miscarriage of justice is evident
by the visibly horrific results that have been making the news as a
direct result of the judicial system’s malfeasance.
While the criminal court claimed OJ was innocent of murder, who
believes that? The same is true of hundreds of clear abusers of women
and children who are freed by this highly flawed system each year—a
system that continues to give more rights to rapist than to the victims
of rape; to abusers than to victims of abuse.
The problem is so egregious and pervasive that it requires a special
kind of person not to recognize that the legal system is broken when it
comes to protecting the basic human rights of women and children.
I implore you to consider the plethora of judicious review,
conclusions, and actions taken by reputable Jewish authorities in this
context. The track record of these organizations, while certainly not
perfect, has been significantly more consistent with what is right than
the court system.
Rabbi Eli B. Perlman
Member of the Vaad Harabbonim of America -
The American Board of Rabbis
New York, NY