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Wachtler gets 15 months in jail

By GLENN McDONALD

TRENTON, N.J. -- A federal judge, calling it a bizarre case, Thursday sentenced New York state's former top judge, Sol Wachtler, to 15 months in prison for terrorizing an ex-lover after she ended an affair with him.

Wearing a dark suit and appearing nervous, Wachtler apologized for conducting a 13-month harassment campaign against Joy Silverman that included sending anonymous letters demanding money and threats to kidnap her teenage daughter.

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U.S. District Judge Anne Thompson, calling Wachtler's actions an 'expression of anger,' not love, chose a sentence three months less than prosecutors wanted but three months stiffer than his lawyers had sought.

'This is certainly a bizarre case,' Thompson said. 'The defendant was a widely admired public official. In many ways, Judge Wachtler lived an exemplary life.

'However, the defendant's behavior was not an expression of love. It was an expression of anger.'

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The sentencing capped a stunning fall from grace of a man who less than a year ago had been one of the state's most powerful Republicans, rumored to harbor desires of running for governor.

Wachtler's lawyer, Ted Wells, called his client's behavior 'an aberration.'

'What he did was unacceptable and wrong but one must consider the nature of his life and what he has done for society,' Wells said.

But Wells's contention that Wachtler's actions were fueled by depression and mental illness were met by scorn from U.S. Attorney Michael Chertoff.

'His plan was not just to harrass Joy Silverman but to torture and torment her and her daughter,' the prosecutor said. 'I don't dispute there were emotional problems with Sol Wachtler, but he knew what he was doing.'

Wachtler said he would not contradict what Chertoff said, despite 'gross inaccuracies,' and then repeated the apology he made to Silverman when he pleaded guilty in March.

'(Chertoff) said my only hope left is to try and put my life back together, to make amends for what I have done. I apologize for my deeds and my aberrant behavior,' Wachtler said.

Outside court, Wachtler explained why his wife, Joan, was not in court with him.

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'My wife and I spoke this morning and it was decided that shs should be spared this trauma,' Wachtler said.

'I have had better days,' he added grimly.

In a rare public statement, Silverman said, 'A message has been sent that society will not tolerate men who terrorize, stalk and abuse woman and children...We are the victims.'

Said Chertoff, 'This is not a happy time for me, to see a distinguished judge stand before the bar of justice to be sentenced, but no one is above the law.'

The case was prosecuted in New Jersey because the first letters mailed to Silverman were sent from the Garden State.

Thompson also fined Wachtler nearly $61,000, $30,000 to be paid to the government and $30,900 to be paid Silverman as reimbursement for security she was forced to hire.

Wachtler pleaded guilty in March to one count of using communication devices across state lines to threaten kidnapping.

He has said a dangerous mixture of mental illness and prescription drugs drove him to harass Silverman.

The 62-year-old Wachtler hoped the threats would inspire Silverman to turn to him for help and protection, but instead she went to the FBI. Wachtler was arrested after agents traced the threatening calls to his car phone.

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Wachtler resigned his post in November 1992, three days after his arrest.

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