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Lubavitch Students Defy Plea Deals, Opt for Potential Jail Time Over Ban From 770 Eastern Pkwy

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A group of 13 young Hasidic Jewish men, accused of digging a secret tunnel beneath a historic Brooklyn synagogue, stood defiant in court as they rejected plea deals that would bar them from the Crown Heights temple, famously known as 770 Eastern Parkway, for three years. According to a report in The New York Post, the men declared they would rather face prison time than accept a temporary exile from the spiritual heart of the Chabad-Lubavitch movement. The case, which garnered international attention when the tunnel was discovered in January, has thrown the defendants into a legal battle that could result in significant prison sentences for some.

The Brooklyn District Attorney’s Office proposed plea deals that would reduce the felony charges against nearly all the defendants to fourth-degree criminal mischief, a misdemeanor, in exchange for no jail time. However, the offer came with a three-year ban from 770 Eastern Parkway, along with either 20 days of community service or a $5,000 restitution payment. The New York Post reported that one of the students, Yaakov Rothchild, expressed through a translator in Hebrew, “Being banned from 770 for three years is worse than jail,” underscoring the spiritual and cultural importance of the synagogue for these young men.

Rothchild, along with his co-defendants, faces serious legal consequences, including up to seven years in prison for second-degree criminal mischief. The charges stem from an incident in which the group of students, including rabbinical scholars, created a hideout by damaging a wall within the synagogue and refused to leave even after police intervention, as outlined in court documents. As The New York Post reported, Rothchild’s attorney, Jonathan Fink, sharply criticized the proposed trial date of January 13, 2025, calling it “silly” due to the complexity of the case and the severe nature of the charges. He further dismissed the plea deal as having “no chance” of being accepted.

Prosecutors, led by Assistant District Attorney Frank Longobardi, have expressed concerns that the defendants remain unrepentant and may attempt to replicate their actions. According to The New York Post report, Longobardi pointed to an incident at their April arraignments, where the men were seen posing with a sign reading “Expand 770,” a clear nod to their tunnel-digging activities under the synagogue. “It’s our concern, for that reason, that they’ve shown that they’re not going to stop doing that,” Longobardi explained in court, highlighting the DA’s position that the ban is necessary to prevent future infractions.

As the legal battle intensifies, the men’s refusal to compromise has sparked debate within the community and beyond. The historic synagogue at 770 Eastern Parkway, the headquarters of the worldwide Chabad-Lubavitch movement, holds deep religious significance for Hasidic Jews. The defendants’ decision to risk imprisonment rather than accept a temporary exclusion from the synagogue speaks to the profound sense of belonging and spiritual commitment tied to this iconic site. According to The New York Post report, these young men view the proposed ban as an unacceptable price, one that threatens their connection to the Chabad-Lubavitch’s epicenter.

Judge Adam Perlmutter acknowledged the stalemate between prosecutors and defendants, signaling that compromise might be elusive. As was reported by The New York Post, the judge is now considering whether the terms of a restraining order sought by the prosecution could be revised to allow the students restricted access to the synagogue.

However, Judge Perlmutter made it clear that any further attempts to dig under the synagogue would result in serious consequences, warning that any individual involved in future tunnel-digging could face criminal contempt charges and up to a year of incarceration. “If somebody does so much as lifts a toothpick towards demolishing cement or whatever in that facility, that individual could very well face a year on Rikers,” Perlmutter sternly cautioned, according to The New York Post.

Amid this deadlock, only one defendant, Menachem Molekandov, who currently resides in Israel, appears open to accepting the prosecution’s plea deal. According to his attorney, Levi Huebner, Molekandov has expressed a willingness to plead guilty, but the deal has hit a snag over the type of community service he would be required to complete. The New York Post reported that Judge Perlmutter insists on “meaningful” service that cannot be performed through religious organizations, a point of contention that has yet to be resolved.

Appearing virtually, Molekandov reassured the court that he has no intention of returning to the synagogue, particularly as he is currently unable to travel to the United States. “Your honor, I just want you to know — since I’m unable to go to the United States, there’s no way for me to dig any tunnels,” Molekandov explained, as quoted by The New York Post. Molekandov’s case remains unique within the broader group, as a warrant is still outstanding for his arrest.

The New York Post noted that the Chabad-Lubavitch headquarters at 770 Eastern Parkway is considered one of the most sacred buildings in New York City, a fact that has only heightened tensions in the case. Sources close to the matter revealed that the group of defendants began their secret tunnel excavation during the pandemic, allegedly using shovels to dig beneath the synagogue. Their actions were reportedly motivated by frustration over the leadership’s slow progress in expanding the synagogue’s sanctuary space.

The New York Post further detailed that the students first gained entry through a deserted Jewish ritual bath, or mikveh, on nearby Kingston Avenue. After breaching a two-foot by two-foot metal gate in the basement of the former bath, they continued their excavation, eventually digging beneath a sanctuary area used by women next to the main synagogue. This underground operation, hidden from view, was discovered in January, setting off the legal and public firestorm that followed.

As reported by The New York Post, the defendants, referred to as “wannabe miners” by authorities, are accused of attempting to obstruct cement workers from filling in the excavation site earlier this year, even going so far as to defy police orders when the authorities arrived. The incident, which was captured on video and quickly went viral, has become emblematic of the struggle over 770 Eastern Parkway, the headquarters of the Chabad-Lubavitch movement.

Prosecutors revealed during Thursday’s hearing that the tunnel has since been filled with cement, following efforts by authorities to restore the synagogue grounds. However, the clash between the students and law enforcement over this sacred site calls attention to the deep emotional and religious significance of the synagogue, especially for the defendants. For these young men, the Crown Heights synagogue is not merely a place of worship, but the heart of their spiritual lives, a sentiment that has been expressed repeatedly in court.

According to the report in The New York Post, the conflict outside the synagogue escalated when the defendants allegedly refused police orders to disperse, resulting in a melee that has become a focal point of the case. The video footage of the incident has only intensified public interest in the case, drawing attention to the defendants’ actions and their fervent dedication to the synagogue, which is a well-known center for the study of Rabbi Menachem Mendel Schneerson’s teachings. Rabbi Schneerson, affectionately known as “The Rebbe,” had himself called for the expansion of the synagogue before his death in 1994, a detail that resonates deeply with the defendants’ stated motivations.

For Yerachmiel Blumenfeld, one of the defendants, the fight to protect the synagogue is about more than just a building. “It’s a very important place where we learn, pray and connect with our leader. This is a very meaningful thing for us,” Blumenfeld explained in court, as quoted by The New York Post. He went on to stress that this particular synagogue holds far greater significance for him and his fellow students than any other temple might. It is, in his words, the “House of the Rebbe,” a place deeply tied to their faith and their connection with their spiritual leader.

The case against Blumenfeld and his co-defendants continues to unfold, with all defendants due back in court on November 14. As The New York Post report noted, the proceedings have revealed the complex interplay between religious devotion and legal obligations, with the students’ unwavering commitment to the synagogue contrasting sharply with the prosecutors’ insistence on enforcing the law. The students’ willingness to defy police orders, even as tensions escalated to physical confrontations, reflects their belief in the importance of preserving the synagogue’s sanctity, a belief that has led them into direct conflict with authorities.

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