"According to court records, the victim - then a 12-year-old sent to Weberman for guidance after clashing with her religious school's strict rules - testified in detail about years of escalating sexual abuse. The sessions, which began under the guise of counseling, continued twice weekly for months and later stretched over several years. The victim described freezing in fear during the first assault, a reaction Judge Cogan noted is consistent with trauma response recognized in law and psychology."
"Weberman's habeas petition raised multiple arguments, including claims of due process violations and insufficiency of the evidence. The court found none meritorious, ruling that the state proceedings were constitutionally sound and that the trial record provided ample evidence to support the jury's verdict. Judge Cogan's memorandum emphasized that federal habeas review is not a retrial, but a narrow examination of whether state courts acted contrary to clearly established federal law."
U.S. District Judge Brian M. Cogan denied Nechemya Weberman's petition for habeas corpus under 28 U.S.C. § 2254, rejecting claims that his state conviction violated federal constitutional rights. Weberman was convicted in Kings County Supreme Court of course of sexual conduct against a child in the first degree and numerous counts of criminal sexual acts and sexual abuse for assaults on a teenage counseling client between 2007 and 2010. Court records show the victim, sent to Weberman at age 12, described years of escalating abuse that began during counseling sessions. The court found the state proceedings constitutionally sound and the trial record ample, noting federal habeas review is a narrow inquiry rather than a retrial.
Read at Shore News Network
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