Attorney Claims in Court Filing He Talked to Cohen About Two Schneiderman Victims
In a letter to Judge Kimba Wood, attorney Peter Gleason asked for an injunction to stop a memorialized communication between him and Cohen, which the government may have in its possession, from becoming public.
May 11, 2018 at 02:31 PM
8 minute read
The original version of this story was published on New York Law Journal
An attorney who said he was contacted by two separate women over the course of a year about alleged assault at the hands of former Attorney General Eric Schneiderman has said in a court filing in the Southern District of New York that he had communications with Michael Cohen, after an intermediary reached out on his behalf to President Donald Trump.
Private attorney Peter Gleason has now filed a letter in the proceedings related to the government's raid on Cohen's offices and home in April. Gleason is asking the judge for an order of protection over any material now in the government's possession “regarding [Gleason's] discussions with Mr. Cohen concerning two women that were sexually victimized by Mr. Schneiderman.”
Gleason appeared to misspell the former attorney general's name repeatedly throughout the letter as “Scheinderman.”
According to Gleason, he was contacted “some years ago” by two unrelated women who, about a year apart, claimed that the former attorney general was “sexually inappropriate with them.”
Read the document:
A spokesman for Schneiderman could not be reached. A call and an email to Schneiderman's attorney, Clayman & Rosenberg partner Isabelle Kirshner, seeking comment were not returned.
Gleason counseled both women not to seek help from law enforcement. To the first, which, according to Gleason's timeline, appears to have approached him in approximately 2012, the attorney told the woman that the “very entities … established to protect her” would turn to protect “the power elite” such as Schneiderman.
In 2013, a second woman contacted Gleason, he said, with an almost identical story as the first woman's tale of victimization at Schneiderman's hands.
“At first glance the logical recommendation would have been to report this matter to the Manhattan District Attorney” Cyrus Vance Jr., Gleason said in the letter. However, he said he advised the woman against it, “based on [his] past experience in reporting prima facie political corruption that was ignored by the office.”
A spokesman for Vance's office declined to comment on the accusations.
Vance's office has come under at times withering criticism over its handling of cases against powerful individuals, as he did over the handling of a 2015 sexual assault allegation against Hollywood producer Harvey Weinstein—and the disparate treatment some believe are delivered upon poorer defendants accused of the same conduct.
Gleason ran against Vance for district attorney in 2013 as the Republican Party candidate. Vance won with 72 percent of the vote. During last year's election, after the Weinstein controversy brought critical attention to Vance's office, Gleason held himself out as a write-in candidate before backing another write-in candidate, Brooklyn assistant DA Marc Fliedner. Vance won with 67.1 percent of the vote.
Reached by phone Friday, Gleason said he remains a “proud” Democrat who ran against Vance after being asked to by the Manhattan Republican Party.
“I ran as a Republican in 2013 because the New York County Republican Party took note of my work against political corruption, my work against human trafficking against BackPage.com,” he said.
His distrust of Vance's office came after Gleason said he tried to bring “prima facie showings” of political corruption to the Manhattan DA's Office but was rebuffed. He said one of the incidents he alerted prosecutors to involved philanthropist William Rapfogel, who pleaded guilty to stealing more than $1 million from the Met Council charity. That case was ultimately brought by the Attorney General's Office under Eric Schneiderman.
The second case he said he tried to get prosecutors interested in involved Rapfogel's wife's former boss, former Assembly Speaker Sheldon Silver. Silver's retrial on multiple counts of corruption has recently been going on in federal court in Manhattan.
“He did nothing about it,” Gleason said. “How could I ever suggest someone to the Manhattan DA Office, especially when the person being accused is a powerful elected official?”
“Our office has no record of Mr. Gleason contacting us with regard to Mr. Silver or Mr. Rapfogel,” said Danny Frost, a spokesman for Vance's office.
In his letter filed Friday, Gleason said he was then motivated to take action because he “wanted these women to realize that somebody believed” their allegations of “horrific experiences at the hands of Schneiderman.”
Gleason said he reached out to Stephen Dunleavy, a retired New York Post reporter, who said he would discuss the matter with Trump. As evidence of Dunleavy's communication with Trump, Gleason said he later received a call from Cohen.
According to Gleason, it was during a casual conversation with Dunleavy that Schneiderman's 2013 lawsuit against Trump and his for-profit university was raised. Gleason said he responded that Schneiderman was a “hypocrite” and “a bad guy.” It was at that point that Dunleavy offered to reach out to Trump on Gleason's behalf, Gleason said.
“I didn't think anything of it,” Gleason said.
The next day Cohen called. “I will say this, Mr. Cohen, to his credit, was nothing but compassionate and caring when we spoke about the matter I discussed with him.”
In his letter filed with the court Friday, Gleason stated, “During my communications with Mr. Cohen I shared with him certain details of Schneiderman's vile attacks on these two women.” Gleason, speaking by phone, said he asked Cohen about any potential conflict of interest in discussing the case. He said he was granted permission to share details of the allegations from the victims.
McDermott, Will & Emery partners Stephen Ryan and Todd Harrison, who are representing Cohen in the matter before Wood, did not respond to a request to confirm Gleason's statements regarding Cohen or to a request for comment.
Spears & Imes partner Joanna Hendon was asked in an email to do the same for Trump, who she is likewise representing in the matter. She also did not respond.
It was shortly after Gleason and Cohen communicated that Trump sent out an ominous tweet about Schneiderman, according to Gleason. He tweeted out references to former Congressman Anthony Weiner and former New York Gov. Eliot Spitzer, both felled by sexual controversies: “Weiner is gone, Spitzer is gone—next will be lightweight A.G. Eric Schneiderman. Is he a crook? Wait and see, worse than Spitzer or Weiner.”
Weiner is gone, Spitzer is gone – next will be lightweight A.G. Eric Schneiderman. Is he a crook? Wait and see, worse than Spitzer or Weiner
— Donald J. Trump (@realDonaldTrump) September 11, 2013
The original story from The New Yorker that laid out claims by two identified women against Schneiderman noted that at least one other woman with allegations against Schneiderman was spoken with, but was not identified and did not provide details of her account.
In a tweet Friday, one of the authors of The New Yorker piece, Jane Mayer, indicated that the women being referenced by Gleason were “not same women as the 4 who talked to New Yorker.” When asked if he could confirm this, Gleason said, “I would not disagree with their tweet, nor would I respond to it.”
Gleason also declined to discuss if the allegations made to him were substantially different from those described in The New Yorker article. Gleason said the women he spoke with had been “sexually victimized.” The New Yorker article's allegations primarily focused on physical violence, mostly choking and slapping, which at times were done in a sexually intimate context. However, no allegation of rape appeared to be raised in the piece.
In a public statement, Schneiderman said that while he has engaged in role-playing “and other consensual sexual activity,” he strongly denied engaging in “nonconsensual sex,” calling it “a line I would not cross.”
Gleason, who is also a former New York City firefighter and police officer, has been involved in scandals before. He was, at one point, said to represent “Soccer Mom Madam” Anna Gristina, who pleaded guilty to running a posh Manhattan prostitution ring in 2012.
To the extent Cohen memorialized conversations with Gleason, Gleason told Wood he believed the two women's confidentiality “should be superior to that of any unrelated subpoena.” Gleason also took aim at attorney Michael Avenatti, who is attempting to have his client, adult film actress Stephanie Clifford, who goes by the stage name Stormy Daniels, intercede in the matter before Wood. He accused Avenatti of “what appears to be reckless behavior” regarding the release of Cohen's bank account and private communications earlier this week.
Cohen's attorneys have asked Wood to block Avenatti's pro hoc vice application over the release of the material and Avenatti's statements critical of Cohen.
Wood, in a memo, has directed Gleason to provide a memorandum in support of his claims by May 18, or withdraw his request.
Gleason said he intends on providing the court with the filing it requests.
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