Dear Friends, Fellow Advocates, and Parents who have lost their kids in family court and through corrupt disability discriminating police who criminalize parenting:

Am writing seeking your signature to join me in requesting new Westchester district attorney, Susan Cacace, outside New York City, drop misdemeanor criminal charges that were falsely levied against me by now terminated former New Rochelle Police Officer Lane Schlesinger. Disability discriminating former officer Lane Schlesinger falsely arrested me during supervised visitation on 12/15/18 after my ex-wife Jennifer Solomon failed to comply with a lawfully, binding, visitation order with my visitation supervisor and disability aide present.  Officer Schlesinger knew I had a valid visitation order and carve out in order of protection permitting visits with my autistic son,  alternating saturdays including Saturday 12/15/18.  As the last court ordered visit was 12/1/18, the next one was 12/15/18 from 10 am to 5 pm.  The visitation supervisor , Ann Elliot confirmed the visit with me earlier in the morning via text message on 12/15/18.
My court ordered $500 a day supervisor, Ann Elliot, testified she was paid for the visit in full, and had my disability aide/ driver park the car four houses away from my ex-wife’s house and left the car to pickup my son Jonah Fishman at 10 am.  Instead of allowing my son to come with the supervisor for the visit, my ex-wife called in a false arrest complaint of violating an order of protection for not going on her property.  I drove to police precinct and asked for a police report documenting my ex-wife violating the visitation order, and requesting police facilitate visitation. The corrupt and discriminating new rochelle cops refused to give me a police report to document my ex-wife violating the visitation order. Now terminated officer schlesinger arrested me at the police precinct after I had my disability aide drive us to the police station and after reviewing the 28 page visitation order from.family court. I suffer from traumatic brain injury, tinnitus and occipital neuralgia. I asked my court appointed disability aide, isabel bolivar to attend questioning by police before any arrest. Officer Schlesinger blocked my disability aide access to the police precinct questioning room to assist me, even though the officer knew I was disabled and I had showed him my brain injury ada accommodation and implant card. Terminated police officer Schlesinger said he did not care to view the disability accommodation cards. My cards state I suffer from hearing and cognitive impairments and need an aide for meaningful and effective communication. I have a Neurostimulator lead wire implanted near left ear and I do not hear well with the implant and my tinnitus disability. I then asked Officer Schlesinger for reasonable accommodation of pen  and paper so I could write down my version of the visitation order to try to communicate to him. Former Officer Schlesinger denied that reasonable accommodation for me to communicate in writing as well. Officer Schlesinger asked me and the supervisor Ann Elliot to confirm the visitation order of 28 pages. We both did, but I told the officer I could not read the single space small font visitation order with carve out of order of protection for visits without my disability aide's help or an interpreter present.   Officer Schlesinger demanded I read it without my disability aide. I attempted to but developed a massive occipital neuralgia headache, and my eyes started burning. Schlesinger stated this was the longest visitation order he ever saw in his career as a police officer.  I then asked Schlesinger again to allow my disability aide in to show him the court records in the car and explain the visitation order. Former officer Schlesinger again refused to allow the aide to assist me in the government police precinct. Officer Schlesinger stepped out of the questioning room and then returned  and put me under arrest, for contempt of court and violating an order of protection. This false arrest , even though I did not go on ex-wife's property or attempt to.  The unserved verbal order of protection by Family court judge Michelle Schauer did not have any distance to stay away from the house during  child supervised visits. 
My case proceeded to criminal trial on 1/24/20. No video or radio evidence was provided to me or my jury.  Officer Schlesinger said there was no video or audio at the precinct even though multiple cameras visible.  Officer Schlesinger filled out the arrest report and answered, “unknown,” to question of was visutation supervisor present.  For the question of is camera or audio available of the encounter, Schlesinger left the question blank on arrest report.  To the question, was order of protection a complete stay away order?,  Schlesinger answered yes, even though the visitation order permitted visits with an order of protection carve out.
I then sued Officer Schlesinger and the New Rochelle City/ police,  pro Se in federal court and for false arrest, malicious prosecution and violation of the American with disabilities act and section 504 of the  rehabilitation act for failure to accommodate my disabilities in violation of title two of the American with disabilities act in January 2019.

At criminal trial in January 2020, I was found guilty after my exwife and police officer testified I was on the border curb of her property.  This after officer schlesinger failed to sign the full enhanced evidence disclosure and failed to provide exonerating police video and police radio footage.  Officer Schlesinger refused to sign the rule 245 enhanced discovery disclosure and hid the 9.5 hours exonerating police video and audio from me and the jury.

In February 2020, the  brooklyn appeals second department court affirmed and confirmed that all orders of protection were subject to limited supervised visits. The exact wording by the brooklyn appeals judges who certified the visitation order stated, Mr Fishman is to stay away from the mother and children’s house, school and place of work, EXCEPT for limited supervised visitation.  Jury never saw this appellate order because it was never issued before trial.

At federal deposition in October 2023, the police finally provided the 9.5 hour exonerating video and radio call. In the radio call, my ex-wife tells the police Officer Schlesinger three times that I did not go on her property and that I was two houses away from hers. Jury never heard this because terminated Officer Schlesinger withheld it from me as retaliation for suing him in federal court.  Jury also never heard terminated officer Schlesinger tell my disability aide three times that I did not go on ex-wife property and did not commit a crime in his opinion.  Jury also never heard terminated Officer Schlesinger call my court appointed supervisor, “supervisor.” Yet in the video Schlesinger refers to Ann Elliot as supervisor three times at police precinct.

Despite six 330 motions to dismiss charges and reverse verdict and an acknowledgement by previous district atty Mimi Rocah that the verdict was defective and illegal under cpl 310.50, (because no one can be convicted of attempting to violate an order of protection and completed violation of order of protection for one false crime, ) the da and judge refuse to drop charges.

Instead I have had six years criminal orders of protection as punishment and zero physical in person contact with my kids.

On 12/19/24, New York attorney general Latitia James published her annual report of police misconduct, falsifying records, police abuse and civil rights violations.” In the annual report,  ag James designated disability discriminating Police Officer Lane Schlesinger as a “ pattern misconduct and abusing police officer for having over 5 sustained disciplinary reports in a two year period.”  Terminated Officer Schlesinger who was terminated in July 2024, was one of 16 police officers sited for “ pattern misconduct and lying to supervisors and on arrest reports.”

Am seeking the District Attorney Susan Cacace to end this nightmare of a false, wrongful conviction and remove all orders of protection and warrants so I can have meaningful and loving relationship with my four kids.  

Please sign petition and tell your friends to sign petition and email DA Susan Cacace to drop charges. Please ask the DA  to vacate the defective verdict. Please email da susan Cacace at scacace@westchesterda.net

I hope this tragedy never happens to another family. I have not seen my kids since 2019 because of Officer Lane Schlesinger. It is 1481 days since I last hugged my children.  I hope DA Cacace reverses every false conviction involving disability discriminating former cop, Lane Schlesinger.  

Police criminalized my disabled parenting. 

Please tell DA Cacace disabled parents have equal right to 50/50 access to their children as nondisabled parents do.

Thank you.

Marc Fishman

Proud Disabled Dad of Jonah, Joanna , Skye and Aidan Fishman who I love and miss very, very much.  Daddy is coming back to you!  Hold on for one more day because things will go your way,( credit Wilson Phillips.)