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Court case involving Liberty Island
By Donna Castlegrant
This is a true story. In 1990 my brother who is a practicing attorney at law was the Public Defender In Jersey City. He was defending another Lawyer for having an open bottle of alcohol in his boat while sailing around Liberty Island. In court, my brother in the wisest most facetious way possible tried to have the case dismissed. At that particular time, both New York and New Jersey were claiming that Liberty Island and Ellis Island belonged to them. The battle was raging, so the Federal Government stepped in and declared that the waters around Liberty Island would be declared international until they decided which state actually owned the land and territorial waters. Now my brother having done his homework, declared to the Judge in a Jersey City courtroom, that the waters around Liberty Island were in fact, international waters and the Judge had no jurisdiction to execute any punishment against the perpetrator, my brother's client, also a lawyer, who was laughing hysterically in front of the judge. The judge decided that my brother was in contempt of his court and held him in contempt. But lo and behold, after much fact finding and soul searching....My brother was right and he was released from a holding cell, and the charges were dropped against, his Client. This was definitely one for the lawbooks, and a great anectdote to boot. |
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May, 2012
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