
NEW YORK — A routine court appearance in the sex abuse case of accused fake firefighter Peter Braunstein heated up Thursday as lawyers sparred over whether the defense team was entitled to copies of "extremely intimate" photographs that were allegedly seized from the defendant when he was arrested.
Lawyers for Braunstein, who was not in court for the hearing, filed papers in March indicating their intent to use a mental defect claim in response to a 13-count indictment stemming from the events of Oct. 31, 2005.
That evening, Manhattan prosecutors allege, the freelance journalist donned a firefighter's costume and set several fires in the apartment building of a former colleague to gain access to her apartment and sadistically torture and molest her for 13 hours.
Braunstein pleaded not guilty in January to charges of arson, kidnapping, burglary, robbery, sexual abuse and assault, after a month-long nationwide manhunt ended with him plunging a knife in his throat when confronted by police in Memphis.
The incident landed him in pretrial detention in Bellevue Hospital on suicide watch.
The brief hearing in Manhattan Supreme Court Thursday began unremarkably enough, with defense lawyer Robert Gottlieb asking for prosecutors to produce forensic and medical reports from the investigation, including the accuser's medical records, a routine motion.
But Assistant District Attorney Maxine Rosenthal bristled at Gottlieb's requests for copies of a videotape and photographs that she said were obtained from the backpack Braunstein was carrying when arrested.
While neither side explained the substance of the materials at issue Thursday morning, Rosenthal said that the photos, which she implied were not of the alleged victim, would not be introduced at trial.
After a heated hallway exchange between the lawyers, both sides returned to the courtroom to put their grievances on the record.
"These pictures shouldn't be viewed any further," Rosenthal said. "I believe they are of a very intimate and private nature and that the person involved in the matter is entitled to privacy."
Rosenthal offered to make an office available for the defense team to screen the videotape, but was unwavering in her resistance to allowing Braunstein's defense team to make copies or even view certain photos.
But Gottlieb indicated to New York Supreme Court Justice James Yates that the photographs could point to another key witness.
"I can guarantee, your honor, that even if they're not going to be introduced, the substance is relevant," Gottlieb said as the defendant's father, Alberto Braunstein, sat in the audience. "We are really at a standstill as far as our own investigation."
Gottlieb said he was willing to comply with a protective order that would restrict anyone but defense lawyers and experts from viewing the materials.
However, Rosenthal insisted a protective order was "not good enough."
Yates ordered both sides to return May 11 with some kind of resolution or a motion for a protective order.
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