Lawyer Accused of Rape Quits Eric Garner Chokehold Death Case - NBC New York

Chief Investigative Reporter Jonathan Dienst on crime, corruption and terrorism.

Lawyer Accused of Rape Quits Eric Garner Chokehold Death Case

An attorney for Sanford Rubenstein said the lawyer "vehemently denies" any misconduct



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    Police remove bags of evidence from Sanford Rubenstein's Manhattan home Monday

    An attorney accused of raping a woman will no longer represent the family of a man who died after being placed in a police chokehold.

    Attorney Sanford Rubenstein's law partner announced Wednesday that Rubenstein doesn't want the woman's claims to distract from the Eric Garner case.

    Rubenstein, who hasn't been arrested or charged, denies any criminal conduct. His withdrawal from the chokehold case allows the Garner family to push forward for accountability and its day in court, said law partner Scott Rynecki, who will replace him.

    Garner's family has filed a notice of claim to sue the city and the police department for $75 million.

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    A spokesman for city Comptroller Scott Stringer said Tuesday that the family's notice of claim was under review. The city's Law Department said it will review the claim thoroughly.

    Garner, who was unarmed, was stopped by police on Staten Island on July 17 on suspicion of selling loose, untaxed cigarettes.

    A video shot by an onlooker shows Garner telling the officers to leave him alone and refusing to be handcuffed.

    An officer responded by putting Garner in a chokehold, which is banned under police policy. Garner, who had asthma, is heard gasping, "I can't breathe." He was pronounced dead later at a hospital.

    The city medical examiner found that the police chokehold contributed to Garner's death. Police have promised to retrain officers on the use of force. A grand jury will determine whether criminal charges are filed.

    Garner's death has sparked protests including an Aug. 23 march on Staten Island that drew thousands of people demanding justice.

    The notice of claim was filed by Rubenstein's firm.

    Rubenstein's accuser said the attack on her happened when she went back to his Manhattan apartment following a 60th birthday party last week for the Rev. Al Sharpton.

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