I was working as a law clerk to Hon. Frank P. Geraci, Jr. when he sentenced Emanual Lutchman, a man who pleaded guilty to conspiracy to provide material support to a foreign terrorist organization. He was accused of an ISIS-inspired plot to kill Rochester bar patrons with a machete on New Year’s Eve in 2015.

During the sentencing proceeding, Lutchman denounced the terrorist groups and appeared remorseful. Once Judge Geraci handed down a 20-year sentence, Lutchman’s tone quickly changed, and he became increasingly agitated.

Lutchman began shouting in Arabic and threatening future terroristic harm. As the U.S. Marshals dragged him from the courtroom, he yelled, “F*** you!” to Judge Geraci. Judge Geraci, with complete calmness and without missing a beat, responded “Motion denied.”

I have been practicing in the WDNY since 1990. Rather than cite a specific memory, and there have been many, what makes WDNY so special and unique is the comradery and civility among the practitioners- which are some of the most talented and respected in the country. This sets the WDNY apart from the other Districts in the state as well as the country. The attorneys appearing in this district zealously advocate on behalf of their clients, but they keep it within the courtroom. It is something you do not find anywhere else in the country. What is also special is the relationship between the Bench and the Bar. Both sides respect each other and the roles they play so the judicial process can work.

I represented RG&E in an antitrust case brought by the Department of Justice. At the first hearing in the case, five lawyers appeared for DOJ. After hearing arguments, Judge Michael Telesca told the lawyers there was a box of donuts in the jury room and suggested we adjourn there and try to resolve the case.

In due course, we reported we had reached an agreement.

Soon DOJ filed a motion to pursue the case, and we again appeared before Judge Telesca. After hearing from DOJ, Judge Telesca turned to me and said, “I thought we had this case settled.” I replied, “So did I.” The judge again sent us away.

The result was a 10-year consent decree that has long since expired.

I had a very contentious dispute among multiple parties. I asked Judge Telesca if he would mediate. He agreed. The day of the mediation Judge Telesca entered the room looked at the parties and read off their names. Everyone in the room was Italian but me. After reading the names, the judge turned to me and said, “Dave, you are the only non-Italian in the room. I need to explain something to you. This case is like an Italian wedding where someone was offended and years later can’t let it go.” Everyone in the room had a good long and healthy laugh. They were shaking their heads in agreement and smiling. It was the first time in the case that the animosity began to subside. Although, the case did not settle that day. It was the catalyst for a settlement a few months later. Judicial wisdom sometimes includes humor and timing. Judge Telesca had both.

On August 21, 1971, five persons broke into the U.S. Post Office Building located at 121 Ellicott Street in Buffalo, New York, and attempted to steal U.S. Army military intelligence records and to destroy Selective Service System draft records. They were apprehended in the building and subsequently prosecuted for the offenses of burglary, theft of government property, and conspiracy to steal army records and destroy draft records. The case was identified as The Buffalo Five case. It was prosecuted in the United States Courthouse in Buffalo.

On April 27, 1972, the five defendants were convicted, after a jury trial, for the three charged offenses. The presiding judge was the late Hon. John T. Curtin. The court-appointed legal advisor to the five pro se defendants was the late Hon. Vincent E. Doyle, Jr. As the prosecutor in this trial, I acknowledged that the motives of the defendants in committing the charged offenses were honorable, in that our involvement in the Vietnam war was wrong and lives were unnecessarily lost in that war.

However, I also noted that the violent protest of that war made by these defendants was not justified or lawful. While peaceful protest is permitted, violent action in furtherance of a protest is never authorized under our democratic form of government.

The year was 1966. I tried my first federal criminal trial. I represented Willie Elker Fontaine, accused of conspiring with two accomplices to rob a Buffalo Savings and Loan. During the robbery, the manager, who lived in Williamsville, was shot and killed. This case was front page news. Willie of course denied being a co-conspirator.

Admitted in 1964 I learned on the fly trying insurance defense cases for two years. My “experience” taught me an important lesson: investigate; it can make all the difference.

The two other co-conspirators were locked up at the Holding Center. Neither had a lawyer. Why not question one or both?

I enlisted my friend, court reporter Jerry Romano to record any statements. Fortunately, we were allowed in; even luckier, one of the co-conspirators not only talked to us, he cleared Willie.

At trial, this witness testified. No surprise. He reversed course and blamed Willie, claiming it was all his idea. On cross-examination the recorded jail statement that he had previously given us changed all that. It was a “Woody Allen” moment. Agents descended on my friend Jerry Romano to verify he had transcribed the statement correctly but it went nowhere.

I’ve often said I won my first homicide case in the late 60’s and spent the next 50 years trying to duplicate the result.

I’m a relatively new employee so I don’t have a deep well of memories, but this one is a gem.

I was working in my cubicle when I overheard a conversation between two Assistant United States Attorneys in the hallway, one who had just come back from a court appearance.

It went something like this:

“…Yeah, he came up to me and said, ‘you saved my life.’”

“Really? And you’d prosecuted this guy before?”

“Yeah, a few years back. That’s where he knew me from.

“Did you remember him?”

“Oh, yeah.”

“So, he thanked you, huh?”

“Shook my hand. Said the trouble he got in back then–it turned him around. He said I saved his life.”

“Wow. We don’t hear that often enough.”

Thank you!

I appeared in front of Judge Harold Burke with Lou Ryen in order to get sworn in as a new lawyer. Lou had been practicing for about 10 years and was well known to Judge Burke who had been appointed by FDR in 1937 and was the longest serving federal judge in US history. Lou introduced me to Judge Burke along with another young lawyer (whose name I don’t remember). At that time he was the only federal judge in Rochester. Judge Burke quickly and gruffly told Lou, “One at a time Mr. Ryen.” I don’t know who was more shook up, Lou or me.

When I was a young lawyer in the 1970s during a hearing before Judge Maxwell the AUSA addressed each FBI agent who testified as “Special Agent”. I thought this was an effort to bolster the witness’s credibility.

When time came to cross examine the next agent who testified I asked if it wasn’t the case that all FBI agents are “Special Agents”.

The response I received was, “They are to their mother’s”.

The agent’s answer together with Judge Maxwell’s wry smile was a learning experience (be careful what you ask) that remains with me to this day.

One of my favorite memories from my days at the Federal Public Defenders Office in Buffalo was when my youngest daughter Isa Johnson chose the old federal courthouse as the subject of her year-long second grade project regarding the history of the buildings of downtown Buffalo. I brought her in to interview two of the court security officers, who were more than happy to answer questions about the history of the building. A lot has changed since that interview. Our family moved to Indiana, and that little girl grew up and just graduated from the University of Southern California as a journalism major, of course. I now practice in the Northern District of Indiana, at the Federal Community Defenders Office in Hammond, Indiana. I remember my colleagues from Buffalo and Rochester very fondly and send my warmest regards from the Midwest.

Judge Telesca appointed me as Special Master in a class action. When I arrived for the Fairness Hearing, he insisted that I preside alone in his courtroom and from his chair. I declined; however, Judge Telesca “ordered” me to do so.

My body shook as those present were told: “all rise for Special Master Modica.” It was a surreal experience, especially when I saw my daughter (an intern in the building) sitting in the rear of the courtroom.

I tried a case before Judge Siragusa soon after he joined the Court. My pro bono prisoner client moved that I buy him lunch. I resisted; however, I agreed to comply with all Court orders. My client’s lunch that day was compliments of Attica.

About 25 years ago, while working in Midtown Plaza, I spotted an employment ad for a Deputy Clerk position with the WDNY. Intrigued and freshly graduated with a degree in Paralegal, I applied and was invited for an interview. Nervous yet excited, I was surprised to see a large panel during the interview. However, they quickly put me at ease, showing more interest in my passion for decorating cakes at Wegmans, which I enjoyed discussing. The interview went well, and I got the job, which filled me with excitement about working for the US District Court, WDNY. Over the past 25 years, I’ve had the privilege of attending the court’s 100th anniversary and am now thrilled to be part of its 125th anniversary celebration.