Lee Higgins

lhiggins2@lohud.com

Levy referred to Galgano as his "trophy," telling subordinates he needed to be punished, the suit says.

Prosecutors intercepted more than 3,000 conversations between Galgano and clients, the suit says.

Galgano's home in Purchase was ransacked by police, according to the lawsuit.

Recently ousted Putnam County District Attorney Adam Levy prosecuted a high-profile defense lawyer despite being told by a top prosecutor in his own office there was no evidence to support the charges, a federal lawsuit alleges.

Westchester County lawyer George Galgano claims that Levy, the son of TV's Judge Judy Sheindlin, wiretapped him and intercepted his communications with clients as part of a pattern of misconduct in the case that prompted a whistle blower in the District Attorney's Office to resign.

Galgano's lawsuit was filed after a judge dismissed two indictments against him. He had been accused of bribing an alleged sex-assault victim so she wouldn't testify against one of his clients. In addition to Levy, other defendants in the suit include the District Attorney's Office, Putnam County, Carmel police and a number of prosecutors and investigators.

DISMISSED: Judge dismisses indictment

REDUX: Charges against wiretapped lawyer George Galgano dismissed again

TIMELINE: Lani Zaimi, George Galgano investigations

The lawsuit identifies the whistle blower as 1st Assistant District Attorney Lisa Ortolano, who had been assigned to review the Galgano case after the first indictment against him was tossed. It claims she quit after Levy pushed her to seek a second indictment, despite her finding "no reliable basis for the charges."

“In a written memorandum to defendant Levy, Ms. Ortolano explained that the search warrants and eavesdropping applications in Mr. Galgano’s case were obtained through materially false and perjurious submissions to the court,” the lawsuit says. “Ms. Ortolano advised defendant Levy that the Galgano case should not be re-presented to the grand jury.”

Levy flew "into a rage," causing Ortolano to "fear for her safety," and setting a number of conditions if she wanted to continue working for him, according to the suit.

She refused to meet the conditions, which included retracting her memo and issuing a new one supporting charges, defending the validity of the warrants and personally re-presenting the case to a grand jury, the suit says.

Levy did not respond to a telephone message Tuesday seeking comment. Carmel Police Chief Michael Cazzari and County Attorney Jennifer Bumgarner also did not return phone calls.

Ortolano now works for Mahopac lawyer Joseph Tock.

Galgano has claimed he was targeted by Levy because he was vigorously defending Lani Zaimi, who was a vocal political supporter of Levy's rival, Putnam Sheriff Don Smith. At the time, Galgano was investigating Levy's office for potential misconduct and had been communicating with the U.S. Attorney's Office and state police, says the lawsuit filed in federal court in White Plains.

The second indictment against Galgano was dismissed in October, just weeks after The Journal News reported on allegations that Levy's office allowed a prisoner to have sex in the district attorney's conference room in exchange for cooperating against Galgano.

In dismissing that indictment, a judge found Galgano, "merely participated in arguably proper conduct for a criminal defense attorney..." by investigating allegations against one of his clients. The judge found "an absence of proof Galgano was in any way involved in any wrongdoing."

Robert Altchiler, who was one of Galgano's defense lawyers, said Wednesday, "Every prosecutorial agency in America should study this case and use it to show their prosecutors how not to do their jobs. It was shocking as it was happening, it was shocking after the cases were dismissed and it's still shocking now."

Galgano's lawsuit contends that law-enforcement officials abused their power to "chill defense attorneys from challenging problematic or politically motivated prosecutions," and sought to destroy Galgano's personal and professional reputation. Among other claims:

Levy referred to Galgano as his "trophy," telling subordinates he needed to be punished

Prosecutors intercepted more than 3,000 private conversations between Galgano and his clients, but found nothing to show he bribed anyone

District Attoney's Investigator Lourdes Gonzalez asked Galgano's driver about conversations he may have overheard, referring to Galgano as a "snake," saying that once "you cut off the head of a snake, the rest of the body dies"

Galgano's home in Purchase was ransacked by police

"Among other things, law enforcement officers seized security surveillance footage of the interior of Mr. Galgano's home, depicting rooms where Mr. Galgano and his wife sleep and where his two young daughters dress themselves," the lawsuit says.

In the months that followed the raid, Galgano's 4-year-old daughter, "repeatedly asked if the police were coming back to her home to take her things."

"When shopping, she also routinely asks if the mall security guards are there to get her and her family," the lawsuit says.

Galgano is suing for malicious prosecution, unlawful seizure of communications and failure to intercede, alleging the defendants knew there were false statements in affidavits in the case, but proceeded anyway.

He is being represented by Nicholas Gravante and George Carpinello of Boies, Schiller & Flexner.

Levy lost to Republican Bob Tendy in the general election in November, having been the district attorney for eight years.

“The American criminal justice system trusts that prosecutors will refrain from abusing their immense law enforcement resources and discretion for unlawful, improper and vindictive purposes,” the lawsuit says. “Unfortunately, in this case, that trust proved unwarranted.”