Charges Filed Against Postal Truck Driver Who Killed Bicyclist Marilyn Dershowitz

The scene of the accident back in July, via DNAinfo

A sad truth for cyclists in New York is that when one is struck dead by a motor vehicle most of the time no charges are filed. Unless, it seems, the victim is the sister-in-law of a famous defense attorney. Though earlier this summer charges against the Postal Service employee who fatally struck cyclist Marilyn Dershowitz were considered unlikely, the Manhattan DA yesterday surprised us all by charging 62-year-old Ian Clement with leaving the scene of an accident. It is a start.

According to the unsealed indictment Clement, a postal worker since 1987, "did not report said incident as soon as physically able to the nearest police station and judicial officer," despite the fact that he knew he had struck Dershowitz, a 68-year-old retired Manhattan Supreme Court special referee back on July 2. At the time, Dershowitz had been biking with her husband. At the intersection of West 29th Street and 9th Avenue, a postal truck moved to the right, to avoid another car, but ended up hitting Dershowitz. "He heard a thump, but he thought it was a bump or a crate. At one point, he thought the car hit him," a source close to the authorities told DNAinfo.

After the accident the late Dershowitz's brother-in-law, defense attorney Alan Dershowitz, made a very loud stink in the media after the DA's office wouldn't let him see the video of Marilyn being run down. Seems all that noise did the trick.

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By Garth Johnston in News on November 4, 2011 10:48 AM

Comments [rss]

Timespuzzle

How fitting an end for a judge who read the NY times and did crossword puzzles while presiding over cases involving t he lives of others! There is a God and there is divine justice.

Dennis sinneD

Dude, have you ever been to court? You think judges are just sitting around twiddling thumbs? The sheer amount of documents and information reviewed and manipulated and recorded, and the fact that arguments must be heard and judgments rendered--you have no idea what in blazes you are talking about.

randomtransplant

Thank you nyc for finally taking one small stand against this particularly vulgar tribe of barbarians who have breached your gates.

M

I used to ride through that tunnel on my commute. The mail truck drivers in that stretch of 29th view cyclists as sport. I have been forced into the curb exactly like this lady was and looked up to see the driver looking down at me and laughing. I am a careful middle-aged lady probably not too unlike the lady this guy crushed. Those mail truck drivers are out of control and have no regard for human life. It's no surprise this "accident" happened, it has almost happened to me a few times.

bggb

is the driver actually being charged in the death, or just charged with failure to report the accident?

The old rule still seems true: if you want to get away with killing someone, just do it with a car.

pendejito

Great.

The well connected get justice, but the parents of the artist killed on Morgan avenue can't even have their calls answered. The rich getting richer and the common folks, well, "the driver didn't know he hit the cyclist", must be an accident.

Bridget Hartzler

I witnessed a nearly fatal cyclist accident on the UWS on 81st and Amsterdam Ave on Tuesday night. A giant 'Academy' bus made a sharp turn and caught the wheel of the cyclist, dragging the bike underneath the bus. The biker jumped off just in time to see the bus drive another 4 feet crushing the bike. The bus driver would've keep going if 5 witnesses hadn't jumped in the bus' path and stopped him. An ambulance and police were called to the scene and luckily no one was seriously injured. It's something I'll never forget.

I've always been on the side of bikers when it comes to accident reporting and its a terrible loss that Marilyn Dershowitz had to die before it caught the attention of the DA. Even if it takes someone well connected to start the process going.

Rocknrope

A smattering of justice for the rich or well-connected, big surprise. Good luck in thinking that we plebes will receive any kind of similar treatment.

Peanut_Butter

Well, what do you expect? He was the youngest person to become law professor at HLS.

moronthatlater

That location is treacherous. It is a postal location and those guys care little about human beings. The human body doesn't scratch a truck like an automobile does, just a little red smudge.

Spirit of 76

Even if a body or bike did damage your car, just stick around and say, "But officer, I didn't see him!" You'll be on your way again in no time.

Fronko

Good to know that if someone I know and love is killed by a motorist, the best way for me to get justice for them is to be related to Alan Dershowitz.

Still, this is a positive development.