PRESS RELEASE

Contact: William J. Smith, (718) 556-7150

District Attorney Donovan Appointed Special Prosecutor
in Brooklyn Judiciary Investigation

STATEN ISLAND, NY - Richmond County District Attorney Daniel M. Donovan, Jr. has been named as the Special Prosecutor in the investigation of Brooklyn attorney Gerald J. McMahon. At the request of Kings County District Attorney Charles J. Hynes, State Supreme Court Justice Neil Jon Firetog appointed District Attorney Donovan to investigate this case which is related to the ongoing bribery investigation surrounding Brooklyn Supreme Court Judge Gerald P.Garson.

“I welcome the opportunity to assist my colleagues in Brooklyn in the investigation of Mr. McMahon. I can assure the people of Brooklyn that my office will conduct a thorough investigation, and if need be, prosecution, of these allegations,” stated District Attorney Donovan.

Mr. McMahon, an attorney, is representing Nissim Elmann, a Brooklyn resident accused of a variety of criminal offenses, including bribery in the third degree and conspiacy in the fifth degree. (Kings County Indictment Number(s) 3519/2003, 3516/2004, 3517/2003) According to Judge Firetog’s appointment of District Attorney Donovan, on April 2, 2004, Mr. McMahon advised Justice Stephen W. Fisher that he had released to a news organization (Fox5 News) a copy of videotaped evidence relevant to the charges pending against his client and co-defendants, as well as to the charges pending in the matter of People v. Gerald Garson. The material released by Mr. McMahon was subject to a sealing order previously issued by Justice Fisher.

In District Attorney Hynes’ filing, he indicated that a special prosecutor should be appointed for this matter, lest there be an appearance of impropriety while simultaneously pursuing the prosecution of Mr. McMahon’s client, Nissim Elmann.

At District Attorney Hynes’ request, and with the Court’s approval, an investigation will be conducted by the Richmond County District Attorney to ascertain whether Gerald McMahon should be charged with and prosecuted for criminal contempt.