Crime & Safety

No To Defense Inspection Of Hanukkah Attack Home: Rockland DA

The DA said discussion of the defense request will be put off until after a federal competency hearing for Grafton Thomas.

An Orange County, NY man is accused of attacking Hanukkah celebrants at 47 Forshay Road Dec. 28, 2019
An Orange County, NY man is accused of attacking Hanukkah celebrants at 47 Forshay Road Dec. 28, 2019 (Google Maps)

ROCKLAND COUNTY, NY — Rockland County District Attorney Thomas Walsh said he opposes any request by the defense in the Hanukkah machete attack case to inspect the rabbi's home where the attack took place. Grafton Thomas is accused of attacking celebrants at a party in the basement Dec. 28.

"We will vigorously oppose the defendant’s, Grafton Thomas, application to inspect 47 Forshay road," Walsh said in a statement Tuesday. "The victims and residents of this home should not be victimized again!"

Prosecutors allege that about 100 people were at the home of Rabbi Chaim Rottenberg in Rockland County when Thomas entered, slashed four people, then fled. A fifth person was injured in the melee. Thomas was arrested in New York City later that night.

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Thomas appeared in court Tuesday for a scheduled appearance.

The motion and arguments regarding the inspection of the premises located at 47 Forshay Road were adjourned due to the fact that Thomas's competency to stand trial has not yet been decided, the DA said.

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Thomas's attorney Michael Sussman said New York state law permits the defense team to inspect the crime scene.

Two doctors appointed by the state have found Thomas competent to stand trial, Walsh said. The
doctor hired by Sussman found him incompetent.

Sussman told reporters in January that Thomas was repeatedly failed by the system over his extensive history of mental illness and his family's attempts to secure help.

Thomas will soon receive a federal competency examination, Walsh said.

Walsh filed a motion in January asking the County Court to disqualify Sussman for going with Thomas's mother to Thomas's former home in Wurtsboro.

Sussman and Thomas's mom Kim Kennedy visited the cabin with investigators from his office in January. They found so much that Sussman said he considered pertinent to Thomas's mental condition that they packed it up rather than leaving it there. Sussman said he had someone videotape everything they did, had a forensic investigator archive it all, and told the Rockland County DA's Office about it.

The next court date is April 20.

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