Defense Rests in Bess Myerson Divorce-Fixing Trial

The defense in the divorce-fixing trial of former Miss America Bess Myerson and two others rested Tuesday after presenting about an hour of testimony by character witnesses on behalf of the defendants.

Myerson, the former city cultural affairs commissioner, is charged with hiring the daughter of state Supreme Court Justice Hortense Gabel in order to influence the judge’s rulings in the divorce case of Myerson’s boyfriend, Carl (Andy) Capasso.

Michael Feldberg, the attorney for Gabel, produced character witnesses who attempted to show that the $19,000-a-year job for her daughter, Sukhreet, could not influence her rulings in Capasso’s case.

Capasso’s lawyer, Jay Goldberg, presented evidence that his client, a co-defendant, paid $239,000 in legal fees during the course of his divorce proceedings.

The defense for Gabel presented four character witnesses, including former Mayor Robert Wagner, who called her a “very bright, enterprising worker” when he first met her. Wagner called Gabel’s reputation for honesty and integrity “the finest.”

Former City Council President Paul O’Dwyer also called Gabel’s integrity “excellent.”

After the defense rested, U.S. District Judge John Keenan scheduled a conference with lawyers for Thursday to discuss what instructions to give to the jury. He said he would call the jury back next Tuesday for the beginning of summations, which are expected to last through next week.

Myerson, Capasso and Gabel face five counts each of conspiracy, mail fraud and the use of interstate facilities to carry out the alleged bribery.

Myerson is also charged with obstructing justice.

If convicted, Myerson faces up to 30 years in prison and $513,000 in fines. Capasso and Gabel face terms of up to 25 years and fines of $263,000.