Judge OKs DNA Evidence in Case of Orthodox Jew Accused of Beating Gay Black Man

By RICHARD ANDERSON

A Brooklyn judge on Thursday ruled in favor of the prosecution, allowing DNA evidence that the defense argued was too old at the trial of an Orthodox Jew accused of assaulting a gay African-American man.

The defendant Mayer Herskovic was named the “ringleader” of assailants by the victim Taj Patterson who was allegedly beaten by a group of Orthodox Jewish men in December of 2013. Patterson is now blind in his right eye due to the beatings after multiple surgeries to his eye.

Herskovic’s defense argued that the DNA evidence was too old to be used in the case against him. However, Judge Danny Chun found it “extremely critical” that a DNA witness by the prosecution testify, due to the nature of the case.

Herskovic’s DNA was found on the heel of a shoe worn by Patterson during the beating, prosecutors said. The shoe was thrown onto a rooftop of 475 Flushing Ave according to the investigators.

On Tuesday Judge Chun listened to two 911 calls reporting the beating.

“There’s a group of Jewish guys beating up a black kid,” said a female caller. On Monday video surveillance showed multiple men chasing Patterson. One of the men in the video was shown wearing a Shomrim jacket, emblem of a Jewish neighborhood watch group, then responding to reports of someone vandalizing cars.

Four of the other accused assailants: Pinchas Braver, Abraham Winkler, Aharon Hollender and Joseph Fried all avoided jail time in plea bargains in which they were sentenced to probation and community service. Herksovic if convicted faces up to 25 years in jail for gang assault.