The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Man Pleads Guilty to Threatening Reporter Over Religion-Related Coverage
From a Justice Department press release:
U.S. Attorney James P. Kennedy, Jr. announced today that Paul E. Lubienecki, 63, of Hamburg, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to stalking….
Assistant U.S. Attorneys Aaron J. Mango and Charles M. Kruly, who is handling the case, stated that the defendant harassed and intimidated Victim 1, a local television reporter, causing the victim to be in reasonable fear of death and serious bodily injury, and causing substantial emotional distress. Specifically, on six separate occasions between August 20, 2019, and February 4, 2020, Lubienecki left harassing and threatening voicemails for Victim 1 relating to the victim's reporting on the Catholic Diocese of Buffalo, which appeared on Channel 7 WKBW. The defendant left these voicemails with the intent to harass and intimidate Victim 1.
The Criminal Complaint alleges that the statements included,
"… I know where you live in [naming the village in which the reporter resided]. I'm going to find you. I'm going to kill you."
According to the Complaint, Lubienecki was upset that the reporting related to the resignation of the Bishop of Buffalo, which apparently stemmed from an alleged coverup of sexual abuse by priests.
In the Plea Agreement, Lubienecki admits to the threats, and acknowledges the link to the reporting on the Archdiocse. The Plea Agreement also reports that the Sentencing Guidelines recommended sentence would be between 1½ and 2½ years in prison, plus a fine between $7,500 and $95,000.
Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Comments may only be edited within 5 minutes of posting. Report abuses.
Please
to post comments
Good.
What happened to imminence, available means, actual intent? What happened to the Black decision? Out the window when it comes to conservatives. Can't say boo to a dirty Commie without prison time. Where is the ACLU? Nowhere near this case.
There are two people with lower morals than the lawyer. One is the serial rapist and serial murderer of children. The other is the journalist.
What happened to the Elonis decision?
Mr. Elonis went back to sending threatening emails, or so his current charging instrument says. That, while he was finishing up his prison term on the one that went to the S.Ct. (he was retried, the prosecution added his confession as told to and related by his ex, he was re-convicted), and then continued after he got out of prison.
Some people just want to be in custody.
"There are two people with lower morals than the lawyer. One is the serial rapist and serial murderer of children. The other is the journalist."
And another signs his name "Daivd"...
Between 1½ and 2½ years in prison for telephoned death threats but absolutely nothing for the BLM activists who really tried to do it....
Sounds fair....
Who really tried to do what?
"Who really tried to do what?"
You're asking Special Ed, so the likely answer is "attempted to operate a telephone (without drooling all over it)."
A BLM activist got serious federal prison time in SC relating to the early George Floyd protests:
Evidence presented in court showed that Jenkins stood on top of a Town of Mount Pleasant Police vehicle, damaging it; sprayed a fire extinguisher at police officers who were patrolling Charleston on two separate occasions; and threw a water bottle at a patrolling officer. Jenkins also took a burning t-shirt and threw it through a broken back window of a Charleston Police cruiser, causing damage to the cruiser.
United States District Judge Richard M. Gergel sentenced Jenkins to 18 imprisonment to be followed by 36 months of supervised release. There is no parole in the federal system.
Except for local news, the DOJ, and Fox, there were no major newspapers or other cable networks that reported this.
Ask yourself why they are carrying water for team blue.
Nah, instead ask yourself why it starts at "only conservatives get prison" and when proven wrong pivot to whinging about the media.
They're just whiny, bitchy little brats. Go stand in the corner and think about others for a change.
You answered your own question. It starts with that (you claim false) assumption because the lamestream media reporrts it that way.
Snowflake much?
Regurgitate much?
So your argument is that the liberal media deliberately makes it seem that convicted BLM protesters are receiving more lenient sentences than Trump supporters convicted of similar offenses?
Do you think these things through before you post them?
A judge sentenced Abraham Jenkins to 18 months in federal prison in connection with a riot that followed a day of peaceful protests on May 30, 2020, according to acting U.S. Attorney Rhett DeHart. The protests and that evening’s riot happened just five days after the death of George Floyd in Minneapolis.
Jenkins is the second of six defendants to be sentenced on federal charges stemming from participation of actions including arson, inciting riots, and other civil disorder in Columbia and Charleston on May 30 and 31, 2020, DeHart said.
Interesting. A whole other topic of concern here is the fact that this person is going to Federal prison for what seem clearly to be non-Federal crimes.
Minus FOX, of course, local news and the DOJ are the only sources for this story too. Because not every story is national news.
"Except for local news, the DOJ, and Fox, there were no major newspapers or other cable networks that reported this.
Ask yourself why they are carrying water for team blue.
"
Repeating something that was reported by Fox is carrying water for Team Blue? This is going to surprise a great deal of people...
And how many police cruisers were burned? How many BUILDINGS were burned? For that matter, how many people were murdered?
That was for the protests in Charleston, SC…I don’t know about other cities.
Actually, only 1.5 to 2.5 and a fine you can't pay anyway sounds like it is right on the edge of being worth it.
Most adults can pay a fine of $7,500.
Or, at least, part of it.
This blog, though, seems to attract a remarkable concentration of no-count misfits.
This yahoo is reported to have been a teacher at a seminary (Christ the King).
Choose reason. Every time. Be an adult. Or, at least, try.
Superstition is for gullible children of all ages.
What a horrible infraction of first-amendment rights of free practice of religion. If you can't threaten to kill the nonbelievers then there is no free exercise of religion. Also, any "marriage" performed by the clergy of any religion other than mine is not really a marriage, and pretending that it is is an abomination.
Shit, I was once friends with this guy. Always thought he was a whack job. He went into the seminary in Scranton, PA but got thrown out after one year for being obsessed with priestly buggery. Allegedly he hated gays but rarely talked of anything else. I went to his wedding a year after he was defrocked (he never got frocked) and that lasted about a year. He always had anger management issues.
Perhaps prison will provide an opportunity for reflection and a chance to try to become a better person.
Or maybe he will be as much a jerk in prison, and get a chance to learn how that goes.