ATTORNEY: SEX ABUSE CHARGES ìRETALIATORYî

In November 2004, Thomas F. Green, 60, of Hawthorne Street in Selden, was accused by a Long Island schoolgirl who said she was raped for five years by Green, her mom's boyfriend, only to see him acquitted in a non-jury trial.  The girl ripped the judge saying she didn't get a fair trial because he kept dozing off during her gut-wrenching testimony.  A child advocacy group said it filed a complaint against Suffolk County Court Judge Gary Weber, 62, with the state Commission on Judicial Conduct, claiming that he slept while the 15 year old girl testified about how she was sexually abused from when she was 5 to 10 years old.  Parents for Megan's Law executive director Laura Ahearn said the acquittal wouldn't have happened if Weber had remained awake during the girl's testimony.  Green was acquitted on charges that he raped the girl from 1993-1998.  The girl had informed her crack-addict mom about the abuse, but the mother died of a drug overdose before she could go to the cops.  Later as a teen, she finally told her real dad about what had happened and he went to authorities.  But in a non-jury trial in November 2004, Weber acquitted Green of all charges.  The girl said Weber had repeatedly put his head in his hands and snoozed as she relived the horrific memories of rape in testimony for two hours.  In a prepared statement, Weber denied the girl's claims.  

The Suffolk grandfather now faces new charges of abusing two other children.  Green is charged with first degree sodomy, first degree sexual abuse of a child younger than 11 and other charges.  He was arrested January 10 and indicted on April 16.  He is free on $50,000 cash bail and was arraigned on May 7 before Acting State Supreme Court Justice Michael Mullen.  Ahearn declined to comment on the new allegations, except to say, The issue that is of paramount importance at this time is to ensure that justice is served.  

The attorney for Green said the allegations are nothing more than retaliation by authorities frustrated because his client was acquitted once before on similar charges.  Green pleaded not guilty on May 7 and was released after posting $50,000 bond.  The Suffolk DA said Green abused five neighborhood girls, including a 6 year old relative, at his home between 1998 and 2003.  The children would come to his house to play in his pool and for sleepovers.  They called him grandpa.  

(New York)