Schubert Harassment Case Postponed Two Weeks

Rye resident Robert Schubert appeared in court Tuesday morning to answer second-degree harassment charges

According to Rye police, Schubert was arrested after refusing to leave the office of Rye City Manager Scott Pickup.

Schubert allegedly went to Pickup’s office on several occasions without an appointment and on March 18  "made threats to City of Rye employees and council members" and "refused to leave Mr. Pickup's office upon request." He was arrested "due to previously filed sworn statements from Mr. Pickup and others," according to police.

On Tuesday, Schubert’s case was called at 9:13 a.m. and Judge Joseph L. Latwin asked that all parties involved conference in his chambers due to “superseding information that had been received by the court.”

After a 15-minute break, the judge came back to the bench. Attorney Steven Gaines entered a plea of not guilty on behalf of Mr. Schubert and requested a two-week adjournment for discovery. Judge Latwin then said that he was recusing himself from the case because of his prior contact with Schubert and his family. The case will reconvene on April 12.

Schubert was visibly upset after the hearing, expressing his frustration at having to wait “two more weeks.” 

A restraining order now has barred Schubert from going to City Hall. He cannot enter the building without his attorney.

Gaines said Schubert believes his arrest was a “set-up” and "one of a series of situations orchestrated by Rye City government to prevent Mr. Schubert from exercising his First Amendment rights." 

Gaines said when Schubert was escorted from City Hall on March 18, he believed he was only being taken from the premise and was not under arrest. Gaines said the restraining order issued against Schubert was "extremely unusual." 

Schubert’s recent incident at City Hall stems from an ongoing dispute with city officials. 

In 2009, Schubert filed an Article 78 lawsuit against the city claiming it unlawfully allowed his neighbor to install a drainage system that depleted his pond. Part of Schubert’s lawsuit also involves an incident in which former City Manager Paul Shew sent mental health workers to Schubert’s home to evaluate his mental state, after Schubert,87, had made several appearances before the council to discuss the depletion of the pond on his property. Schubert also has filed a federal lawsuit against several members of Rye City government alleging his First Amendment rights have been undermined.

Just last week, State Supreme Court Judge Barbara Zambelli dismissed Schubert’s Article 78 lawsuit against the city on the basis of time elapsed before he filed the suit and a failure to state a cause of action. Specifically, Schubert failed to file his lawsuit in the time frame required to appeal the City Planning Board's decision to allow his neighbor's drainage system. He also did not have the right to sue the city regarding the matter because he was not involved in the process by which permission was granted to his neighbor, according to the judge's ruling.

Regarding Schubert's case, Rye’s Corporation Counsel Kristen Wilson said the city was “pleased to see it was dismissed.” She said Schubert has yet to file an appeal, but he has 30 days to do so. She said she was not present during the March 18 City Hall incident and is not involved in the harassment case.

Schubert’s attorney said his client’s arrest may have been a calculated attempt by the city to gain leverage in the pending federal lawsuit.

Gaines, who did not represent Schubert in the article 78 lawsuit but represents him in the harassment proceeding and the federal 1st amendment case, said he and his client are currently investigating to find out "if attorneys were involved...in instructing the city manager on what to do when [Schubert] came to City Hall" and "whether this has been orchestrated as part of a strategy to further their position in the lawsuit."

Gaines said Schubert was audio-recorded on March 18 when he visited City Hall and that the District Attorney’s Office, which is handling the harassment case, has given Gaines two weeks to review the entire case file. Gaines also will subpoena any records related to the case.

“We want to hear what was recorded, whether it was recorded, and at whose behest," Gaines said.

As to the alleged threatening statements, Gaines said: " Mr. Schubert says the statements he made were not accurately depicted."  

Gaines said he expects Schubert will not be prosecuted.

"I anticipate he'll be exonerated either by trial or dismissal of all these charges."

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