Letter from Henry E. Mazurek to Judge Edward S. Kiel, September 30, 2024 — United States v. Spitzer (Dkt. 26, D.N.J.)

Summary

This letter, filed September 30, 2024 as Dkt. 26 in United States v. Arthur Spitzer, No. 1:24-cr-00528-ESK in the U.S. District Court for the District of New Jersey, is from defense counsel Henry E. Mazurek to Judge Edward S. Kiel. It asks the court to suspend the electronic monitoring condition of Mr. Spitzer's pretrial release for October 2-6, 2024, October 11-13, 2024 and October 16-27, 2024, covering Rosh Hashanah, Yom Kippur, Sukkot and Simchat Torah, and to let the ankle monitor be removed before each holiday and reinstalled afterward. The letter states that charging the device is forbidden by Jewish law during those holidays and cites United States v. Werczberger, attached as Ex. A. It reports that the government would not object if Pretrial Services and the court approve, and that Pretrial Services objects.

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Case 1:24-cr-00528-ESK           Document 26        Filed 09/30/24      Page 1 of 2 PageID: 106




                                                                                     Henry E. Mazurek
                                                                                               Partner
                                                                                 Direct (212) 655-3594
                                                                                   Fax (212) 655-3535
                                                                                   hem@msf-law.com

                                        September 30, 2024

Via ECF

The Honorable Edward S. Kiel
United States District Judge
Mitchell H. Cohen U.S. Courthouse
4th & Cooper Streets
Camden, New Jersey 08101

       Re:     United States v. Arthur Spitzer, No. 24 Cr. 528 (ESK)

Dear Judge Kiel:

       We represent defendant Arthur Spitzer and write respectfully to request temporary
modification of Mr. Spitzer’s conditions of pretrial release for the upcoming Jewish holidays of
Rosh Hashana, Yom Kippur, Sukkot and Simchat Torah. These holidays, some of the most
important ones in the Jewish religion, begin on October 2, 2024, and conclude on October 25,
2024. Mr. Spitzer is a strict observer of the Jewish religion, including rules regarding activities
allowed on religious holidays.
        On September 3, 2024, at Mr. Spitzer’s initial appearance in this District, the Court
imposed conditions of pretrial release to include electronic monitoring for the limited purpose of
preventing Mr. Spitzer from traveling to any ports of entry, including airports or seaports. The
technology used by Pretrial Services (“PTS”) for such monitoring is an electronic device
fastened to the person’s ankle, which operates on battery power. This battery must be
electrically charged on occasion, and if the battery runs low, then it is replaced with a charged
one. A Jewish person’s participation in this charging process is religiously forbidden by Jewish
law during religious holidays and the Sabbath. See United States v. Werczberger, No. 23 Cr. 4
(JHR), S.D.N.Y., Sept. 10, 2024, Tr. at 43 (attached at Ex. A) (in imposing electronic monitoring
as a condition of home detention, holding “under no circumstances shall the form of location
monitoring interfere in any way with any religious holidays or observances during which the use
of electronics [is] prohibited. That is to say, if, for example, a certain form of location
monitoring would require that [the defendant] charge the device in the middle of a holiday
during which charging devices and other use of electronics is not allowed, then that form of
location monitoring is not to be used.”) (citing United States v. Neumann, No. 21-cr-439 (NSR)
(S.D.N.Y.) and United States v. Nordlicht, 16 Cr. 640 (BMC) (E.D.N.Y.)).
        While the Sabbath only lasts 24-hours and the battery power of the monitoring device can
last throughout the day without the need for recharging, extended religious holidays, which are

Case 1:24-cr-00528-ESK           Document 26       Filed 09/30/24      Page 2 of 2 PageID: 107

Hon. Edward S. Kiel
September 30, 2024
Page 2 of 2


upcoming in October, will cause the battery to fail without recharging. We, therefore,
respectfully ask that the electronic monitoring condition be suspended during these holiday
periods.
        Because these monitors cause an alarm to sound when the battery is low or dying, and it
would also be against Jewish law for the wearer of the ankle bracelet to shut it off (to stop the
alarm), we ask that the Court allow the monitor to be physically removed before the start of the
religious holiday and be reinstalled once the holiday ends.
       The upcoming Jewish religious calendar includes the following dates: Rosh Hashanah
begins on October 2, 2024, and ends on October 5, 2024. Yom Kippur begins on October 11,
2024, and ends on October 13, 2024. Sukkot begins on October 16, 2024, and ends on October
23, 2024. Simchat Torah begins on October 24, 2024, and ends on October 25, 2024. Because
some of these dates end on a Friday night or weekend, we ask that the Order require Mr. Spitzer
to appear at PTS Offices on the next business or weekday for the device to be reconnected.
      In short, we ask that the monitoring condition be suspended for the following dates in
October: October 2-6, 2024; October 11-13, 2024; October 16-27, 2024.
       We conferred with Daniel Friedman, the assigned Assistant United States Attorney,
regarding the instant request. Mr. Friedman informed us that the government would not object,
provided that PTS and the Court approve. We therefore also contacted supervising Pretrial
Services Officer Todd Jones. PTS informed us that it objects to the request because it has not
removed an electronic ankle monitor for religious reasons, and has only done so for Court-
approved medical justification. The lack of such a practice does not compel denial of Mr.
Spitzer’s request, which has an entirely valid First Amendment basis. Medical needs are
analogous to religious ones, and indeed religious ones are more legally justifiable, due to the
Constitutional rights they invoke.
       Accordingly, Mr. Spitzer respectfully requests that the Court approve this bail
modification request so that he may observe the upcoming Jewish holidays consistent with his
Orthodox Jewish practice.
                                      Respectfully yours,
                                           /s/ HEM
                                      Henry E. Mazurek
                                      Jason I. Ser
                                      Counsel for Mr. Arthur Spitzer

cc: Counsel of record (by ECF)
    Pretrial Services

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